[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Pages 10827-10838]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   AIR CARGO SECURITY IMPROVEMENT ACT

  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. I ask unanimous consent that the Senate now proceed 
to the consideration of Calendar No. 76, S. 165, the air cargo security 
improvement bill.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 165) to improve air cargo security.

  There being no objection, the Senate proceeded to consider the bill 
which

[[Page 10828]]

had been reported from the Committee on Commerce, Science, and 
Transportation, with amendments, as follows:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 165

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Air Cargo Security 
     Improvement Act''.

     SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER 
                   AIRCRAFT.

       Section 44901(f) of title 49, United States Code, is 
     amended to read as follows:
       ``(f) Cargo.--
       ``(1) In general.--The Under Secretary of Transportation 
     for Security shall establish systems to screen, inspect, or 
     otherwise ensure the security of all cargo that is to be 
     transported in--
       ``(A) passenger aircraft operated by an air carrier or 
     foreign air carrier in air transportation or intrastate air 
     transportation; or
       ``(B) all-cargo aircraft in air transportation and 
     intrastate air transportation.
       ``(2) Strategic plan.--The Under Secretary shall develop a 
     strategic plan to carry out paragraph (1).''.

     SEC. 3. AIR CARGO SHIPPING.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     [``Sec. 44922. Regular inspections of air cargo shipping 
       facilities]

     ``Sec. 44923. Regular inspections of air cargo shipping 
       facilities

       ``The Under Secretary of Transportation for Security shall 
     establish a system for the regular inspection of shipping 
     facilities for shipments of cargo transported in air 
     transportation or intrastate air transportation to ensure 
     that appropriate security controls, systems, and protocols 
     are observed, and shall enter into arrangements with the 
     civil aviation authorities, or other appropriate officials, 
     of foreign countries to ensure that inspections are conducted 
     on a regular basis at shipping facilities for cargo 
     transported in air transportation to the United States.''.
       (b) Additional Inspectors.--The Under Secretary may 
     increase the number of inspectors as necessary to implement 
     the requirements of title 49, United States Code, as amended 
     by this subtitle.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     449 of title 49, United States Code, is amended by adding at 
     the end the following:

``[44922]. 44923. Regular inspections of air cargo shipping 
              facilities''.

     SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code, is further amended by adding at the end 
     the following:

     [``Sec. 44923. Air cargo security]

     ``Sec. 44924. Air cargo security

       ``(a) Database.--The Under Secretary of Transportation for 
     Security shall establish an industry-wide pilot program 
     database of known shippers of cargo that is to be transported 
     in passenger aircraft operated by an air carrier or foreign 
     air carrier in air transportation or intrastate air 
     transportation. The Under Secretary shall use the results of 
     the pilot program to improve the known shipper program.
       ``(b) Indirect Air Carriers.--
       ``(1) Random inspections.--The Under Secretary shall 
     conduct random audits, investigations, and inspections of 
     indirect air carrier facilities to determine if the indirect 
     air carriers are meeting the security requirements of this 
     title.
       ``(2) Ensuring compliance.--The Under Secretary may take 
     such actions as may be appropriate to promote and ensure 
     compliance with the security standards established under this 
     title.
       ``(3) Notice of failures.--The Under Secretary shall notify 
     the Secretary of Transportation of any indirect air carrier 
     that fails to meet security standards established under this 
     title.
       ``(4) Suspension or revocation of certificate.--The 
     Secretary, as appropriate, shall suspend or revoke any 
     certificate or authority issued under chapter 411 to an 
     indirect air carrier immediately upon the recommendation of 
     the Under Secretary. Any indirect air carrier whose 
     certificate is suspended or revoked under this subparagraph 
     may appeal the suspension or revocation in accordance with 
     procedures established under this title for the appeal of 
     suspensions and revocations.
       ``(5) Indirect air carrier.--In this subsection, the term 
     `indirect air carrier' has the meaning given that term in 
     part 1548 of title 49, Code of Federal Regulations.
       ``(c) Consideration of Community Needs.--In implementing 
     air cargo security requirements under this title, the Under 
     Secretary may take into consideration the extraordinary air 
     transportation needs of small or isolated communities and 
     unique operational characteristics of carriers that serve 
     those communities.''.
       (b) Assessment of Indirect Air Carrier Program.--The Under 
     Secretary of Transportation for Security shall assess the 
     security aspects of the indirect air carrier program under 
     part 1548 of title 49, Code of Federal Regulations, and 
     report the result of the assessment, together with any 
     recommendations for necessary modifications of the program to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure within 45 days after the date of enactment 
     of this Act. The Under Secretary may submit the report and 
     recommendations in classified form.
       (c) Report to Congress on Random Audits.--The Under 
     Secretary of Transportation for Security shall report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on random screening, audits, and 
     investigations of air cargo security programs based on threat 
     assessments and other relevant information. The report may be 
     submitted in classified form.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Transportation 
     for Security such sums as may be necessary to carry out this 
     section.
       (e) Conforming Amendment.--The chapter analysis for chapter 
     449 of title 49, United States Code, as amended by section 3, 
     is amended by adding at the end the following:

``[44923.] 44924. Air cargo security''.

     SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS.

       The Under Secretary of Transportation for Security shall 
     establish a training program for any persons that handle air 
     cargo to ensure that the cargo is properly handled and safe-
     guarded from security breaches.

     SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

       (a) In General.--The Under Secretary of Transportation for 
     Security shall establish a program requiring that air 
     carriers operating all-cargo aircraft have an approved plan 
     for the security of their air operations area, the cargo 
     placed aboard such aircraft, and persons having access to 
     their aircraft on the ground or in flight.
       (b) Plan Requirements.--The plan shall include provisions 
     for--
       (1) security of each carrier's air operations areas and 
     cargo acceptance areas at the airports served;
       (2) background security checks for all employees with 
     access to the air operations area;
       (3) appropriate training for all employees and contractors 
     with security responsibilities;
       (4) appropriate screening of all flight crews and persons 
     transported aboard all-cargo aircraft;
       (5) security procedures for cargo placed on all-cargo 
     aircraft as provided in section 44901(f)(1)(B) of title 49, 
     United States Code; and
       (6) additional measures deemed necessary and appropriate by 
     the Under Secretary.
       (c) Confidential Industry Review and Comment.--
       (1) Circulation of proposed program.--The Under Secretary 
     shall--
       (A) propose a program under subsection (a) within 90 days 
     after the date of enactment of this Act; and
       (B) distribute the proposed program, on a confidential 
     basis, to those air carriers and other employers to which the 
     program will apply.
       (2) Comment period.--Any person to which the proposed 
     program is distributed under paragraph (1) may provide 
     comments on the proposed program to the Under Secretary not 
     more than 60 days after it was received.
       (3) Final program.--The Under Secretary of Transportation 
     shall issue a final program under subsection (a) not later 
     than 45 days after the last date on which comments may be 
     provided under paragraph (2). The final program shall contain 
     time frames for the plans to be implemented by each air 
     carrier or employer to which it applies.
       (4) Suspension of procedural norms.--Neither chapter 5 of 
     title 5, United States Code, nor the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall apply to the program 
     required by this section.

     SEC. 7. REPORT ON PASSENGER PRESCREENING PROGRAM.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary of Homeland Security, after 
     consultation with the Attorney General, shall submit a report 
     in writing to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the potential impact of 
     the Transportation Security Administration's proposed 
     Computer Assisted Passenger Prescreening system, commonly 
     known as CAPPS II, on the privacy and civil liberties of 
     United States Citizens.
       (b) Specific Issues To Be Addressed.--The report shall 
     address the following:
       (1) Whether and for what period of time data gathered on 
     individual travelers will be retained, who will have access 
     to such data, and who will make decisions concerning access 
     to such data.
       (2) How the Transportation Security Administration will 
     treat the scores assigned to individual travelers to measure 
     the likelihood they

[[Page 10829]]

     may pose a security threat, including how long such scores 
     will be retained and whether and under what circumstances 
     they may be shared with other governmental, non-governmental, 
     or commercial entities.
       (3) The role airlines and outside vendors or contractors 
     will have in implementing and operating the system, and to 
     what extent will they have access, or the means to obtain 
     access, to data, scores, or other information generated by 
     the system.
       (4) The safeguards that will be implemented to ensure that 
     data, scores, or other information generated by the system 
     will be used only as officially intended.
       (5) The procedures that will be implemented to mitigate the 
     effect of any errors, and what procedural recourse will be 
     available to passengers who believe the system has wrongly 
     barred them from taking flights.
       (6) The oversight procedures that will be implemented to 
     ensure that, on an ongoing basis, privacy and civil liberties 
     issues will continue to be considered and addressed with high 
     priority as the system is installed, operated and updated.

     SEC. 8. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO 
                   OPERATE AIRCRAFT.

       (a) Aliens Covered by Waiting Period.--Subsection (a) of 
     section 44939 of title 49, United States Code, is amended--
       (1) by resetting the text of subsection (a) after ``(a) 
     Waiting Period.--'' as a new paragraph 2 ems from the left 
     margin;
       (2) by striking ``A person'' in that new paragraph and 
     inserting ``(1) In general.--A person'';
       (3) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (4) by striking ``any aircraft having a maximum 
     certificated takeoff weight of 12,500 pounds or more'' and 
     inserting ``an aircraft'';
       (5) by striking ``paragraph (1)'' in paragraph (1)(B), as 
     redesignated, and inserting ``subparagraph (A)''; and
       (6) by adding at the end the following:
       ``(2) Exception.--The requirements of paragraph (1) shall 
     not apply to an alien who--
       ``(A) has earned a Federal Aviation Administration type 
     rating in an aircraft; or
       ``(B) holds a current pilot's license or foreign equivalent 
     commercial pilot's license that permits the person to fly an 
     aircraft with a maximum certificated takeoff weight of more 
     than 12,500 pounds as defined by the International Civil 
     Aviation Organization in Annex 1 to the Convention on 
     International Civil Aviation.''.
       (b) Covered Training.--Section 44936(c) of title 49, United 
     States Code, is amended to read as follows:
       ``(c) Covered Training.--
       ``(1) In general.--For purposes of subsection (a), training 
     includes in-flight training, training in a simulator, and any 
     other form or aspect of training.
       ``(2) Exception.--For the purposes of subsection (a), 
     training does not include classroom instruction (also known 
     as ground training), which may be provided to an alien during 
     the 45-day period applicable to the alien under that 
     subsection.''.
       (c) Procedures.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to implement section 44939 of title 49, United 
     States Code.
       (2) Use of overseas facilities.--In order to implement the 
     amendments made to section 44939 of title 49, United States 
     Code, by this section, United States Embassies and Consulates 
     that have fingerprinting capability shall provide 
     fingerprinting services to aliens covered by that section if 
     the Attorney General requires their fingerprinting in the 
     administration of that section, and transmit the fingerprints 
     to the Department of Justice and any other appropriate 
     agency. The Attorney General shall cooperate with the 
     Secretary of State to carry out this paragraph.
       (d) Effective Date.--Not later than 120 days after the date 
     of enactment of this Act, the Attorney General shall 
     promulgate regulations to implement the amendments made by 
     this section. The Attorney General may not interrupt or 
     prevent the training of any person described in section 
     44939(a)(1) of title 49, United States Code, who commenced 
     training on aircraft with a maximum certificated takeoff 
     weight of 12,500 pounds or less before, or within 120 days 
     after, the date of enactment of this Act unless the Attorney 
     General determines that the person represents a risk to 
     aviation or national security.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Attorney General shall jointly submit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report on the effectiveness of the 
     activities carried out under section 44939 of title 49, 
     United States Code, in reducing risks to aviation and 
     national security.

     SEC. 9. PASSENGER IDENTIFICATION.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security, in consultation with the Administrator of the 
     Federal Aviation Administration, appropriate law enforcement, 
     security, and terrorism experts, representatives of air 
     carriers and labor organizations representing individuals 
     employed in commercial aviation, shall develop guidelines to 
     provide air carriers guidance for detecting false or 
     fraudulent passenger identification. The guidelines may take 
     into account new technology, current identification measures, 
     training of personnel, and issues related to the types of 
     identification available to the public.
       (b) Air Carrier Programs.--Within 60 days after the Under 
     Secretary issues the guidelines under subsection (a) in final 
     form, the Under Secretary shall provide the guidelines to 
     each air carrier and establish a joint government and 
     industry council to develop recommendations on how to 
     implement the guidelines.
       (c) Report.--The Under Secretary of Transportation for 
     Security shall report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure within 1 year 
     after the date of enactment of this Act on the actions taken 
     under this section.

     SEC. 10. PASSENGER IDENTIFICATION VERIFICATION.

       (a) Program Required.--The Under Secretary of 
     Transportation for Security may establish and carry out a 
     program to require the installation and use at airports in 
     the United States of the identification verification 
     technologies the Under Secretary considers appropriate to 
     assist in the screening of passengers boarding aircraft at 
     such airports.
       (b) Technologies Employed.--The identification verification 
     technologies required as part of the program under subsection 
     (a) may include identification scanners, biometrics, retinal, 
     iris, or facial scanners, or any other technologies that the 
     Under Secretary considers appropriate for purposes of the 
     program.
       (c) Commencement.--If the Under Secretary determines that 
     the implementation of such a program is appropriate, the 
     installation and use of identification verification 
     technologies under the program shall commence as soon as 
     practicable after the date of that determination.

     SEC. 11. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

       Not later than 6 months after the date of enactment of this 
     Act, the Under Secretary of Transportation for Security, and 
     the Administrator of the Federal Aviation Administration, 
     shall jointly submit a report to Congress that contains--
       (1) an evaluation of blast-resistant cargo container 
     technology to protect against explosives in passenger luggage 
     and cargo;
       (2) an examination of the advantages associated with the 
     technology in preventing damage and loss of aircraft from 
     terrorist action and any operational impacts which may result 
     from use of the technology (particularly added weight and 
     costs);
       (3) an analysis of whether alternatives exist to mitigate 
     the impacts described in paragraph (2) and options available 
     to pay for the technology; and
       (4) recommendations on what further action, if any, should 
     be taken with respect to the use of blast-resistant cargo 
     containers on passenger aircraft.

     SEC. 12. ARMING PILOTS AGAINST TERRORISM.

       (a) Findings and Purpose.--
       (1) Findings.--Congress makes the following findings:
       (A) During the 107th Congress, both the Senate and the 
     House of Representatives overwhelmingly passed measures that 
     would have armed pilots of cargo aircraft.
       (B) Cargo aircraft do not have Federal air marshals, 
     trained cabin crew, or determined passengers to subdue 
     terrorists.
       (C) Cockpit doors on cargo aircraft, if present at all, 
     largely do not meet the security standards required for 
     commercial passenger aircraft.
       (D) Cargo aircraft vary in size and many are larger and 
     carry larger amounts of fuel than the aircraft hijacked on 
     September 11, 2001.
       (E) Aircraft cargo frequently contains hazardous material 
     and can contain deadly biological and chemical agents and 
     quantities of agents that caused communicable diseases.
       (F) Approximately 12,000 of the Nation's 90,000 commercial 
     pilots serve as pilots and flight engineers on cargo 
     aircraft.
       (G) There are approximately 2,000 cargo flights per day in 
     the United States, many of which are loaded with fuel for 
     outbound international travel or are inbound from foreign 
     airports not secured by the Transportation Security 
     Administration.
       (H) aircraft transporting cargo pose a serious risk as 
     potential terrorist targets that could be used as weapons of 
     mass destruction.
       (I) Pilots of cargo aircraft deserve the same ability to 
     protect themselves and the aircraft they pilot as other 
     commercial airline pilots.
       (J) Permitting pilots of cargo aircraft to carry firearms 
     creates an important last line of defense against a terrorist 
     effort to commandeer a cargo aircraft.
       (2) Sense of congress.--It is the sense of Congress that a 
     member of a flight deck crew of a cargo aircraft should be 
     armed with a firearm to defend the cargo aircraft against an 
     attack by terrorists that could result in the use of the 
     aircraft as a weapon of mass destruction or for other 
     terrorists purposes.
       (b) Arming Cargo Pilots Against Terrorism.--Section 44921 
     of title 49, United States Code, is amended--
       (1) by striking ``passenger'' in subsection (a) each place 
     that it appears;
       (2) by striking ``or,'' and all that follows in subsection 
     (k)(2) and inserting ``or any other flight deck crew 
     member.''; and
       (3) by adding at the end of subsection (k) the following:
       ``(3) All-cargo air transportation.--For the purposes of 
     this section, the term air transportation includes all-cargo 
     air transportation.''.

[[Page 10830]]

       (d) Implementation.--
       (1) Time for implementation.--The training of pilots as 
     Federal flight deck officers required in the amendments made 
     by subsection (b) shall begin as soon as practicable and no 
     later than 90 days after the date of enactment of this Act.
       (2) Effect on other laws.--The requirements of subparagraph 
     (1) shall have no effect on the deadlines for implementation 
     contained in section 44921 of title 49, United States Code, 
     as in effect on the day before the date of enactment of this 
     Act.

     SEC. 13. REPORT ON DEFENDING AIRCRAFT FROM MAN-PORTABLE AIR 
                   DEFENSE SYSTEMS (SHOULDER-FIRED MISSILES).

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall issue a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on how best to defend turbo 
     and jet passenger aircraft from Man-Portable Air Defense 
     Systems (shoulder-fired missiles). The report shall also 
     include actions taken to date, countermeasures, risk 
     mitigation, and other activities. The report may be submitted 
     in classified form.


                     Committee Amendments Withdrawn

  Mr. HATCH. I ask unanimous consent that the committee amendments be 
withdrawn.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 538

  Mr. HATCH. I send a substitute amendment to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. McCain, 
     Mr. Hollings, Mrs. Hutchison, and Mrs. Boxer, proposes an 
     amendment numbered 538.

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The PRESIDING OFFICER. Is there further debate on the amendment?
  Mr. McCAIN. Mr. President, I am pleased that the Senate is 
considering S. 165, the Air Cargo Security Act. When Congress acted in 
the aftermath of the September 11, 2001 attacks, its focus was on 
passenger screening. The Aviation and Transportation Security Act set 
out a template for the screening of passengers and baggage. We deferred 
dealing with cargo carried on passenger airlines and on all-cargo 
aircraft until a review of cargo security could be undertaken. S. 165 
is designed to bolster air cargo security and provides further guidance 
and authority to the Transportation Security Administration--TSA--to 
ensure continued improvement in these areas.
  Let me say at the outset that Senator Hutchison has worked very hard 
on this bill and deserves a great deal of credit. Although this issue 
was one that everyone believed was very important, she and Senator 
Snowe introduced cargo security bills during the second session of last 
congress. Those bills became a base for the cargo security provisions 
in last year's S. 2949, the Aviation Security Improvement Act, which 
passed the Senate, but was not passed by the House. Senator Hutchison 
and Senator Feinstein reintroduced the air cargo provisions from last 
year as a stand alone bill this year.
  Cargo security is one area in which we can and should be proactive to 
address potential problems and vulnerabilities head on. I note that TSA 
is already looking at improving cargo security under its mandate in 
ATSA.
  S. 165 requires the TSA to develop a strategic plan to ensure that 
all air cargo is screened, inspected, or otherwise made secure. Up 
until now, there has been no consistent oversight in this area and this 
plan will ensure the continued safety of air cargo.
  In addition, TSA is to develop a system for the regular inspection of 
air cargo shipping facilities. This will ensure that all regulations 
are being followed and that these shipping facilities are meeting all 
of their federal security requirements.
  TSA is required to establish a database of known shippers in order to 
further improve the Known Shipper Program. This is in response to 
concerns expressed by the DOT Inspector General that the existing Known 
Shipper Program needed some revisions to ensure the continued safety in 
air cargo.
  S. 165 also requires that the existing Federal security plans for 
indirect air carriers is reviewed and it gives TSA the power to take 
enforcement actions against indirect air carriers if TSA finds that 
they are not adhering to security laws or regulations. This enforcement 
power will ensure that these freight forwarders have the appropriate 
safeguards in place and are meeting them.
  S. 165 also requires all-cargo carriers to develop a security plan 
that is subject to approval by TSA to ensure that air cargo carried on 
these carriers is properly screened and protected from tampering. As a 
part of this requirement, TSA is to develop a security training program 
for persons who handle air cargo.
  Finally, the managers' amendment to S. 165 makes a couple of changes 
to the bill approved by the Commerce Committee. At the time of 
Committee consideration, we were working with the TSA on a number of 
their technical comments. We were unable to complete these efforts 
prior to the markup. These have now been worked-out and are included.
  The Commerce Committee also adopted an amendment offered by Senator 
Nelson of Florida that extends the Federal Government's oversight of 
foreign students receiving flight training in the United States. Some 
members of the committee expressed concern that the requirements of the 
amendment would be too onerous on flight schools and Senator Nelson 
agreed to work on these issues. A compromise has been developed that 
met the concerns of both sides and is included in the amendment.
  I urge the Senate to approve this bill that will strengthen the 
security of our cargo aviation system.
  I also note my friend, Senator Boxer from California, continues to be 
heavily involved in the issue of protecting our airliners from the 
possibility of a missile attack. I thank her for her efforts in that 
direction. I am encouraged by the information she has given to me that 
the TSA apparently is very serious in working on this threat to the 
security of aviation.
  I again thank my friend from Texas for her outstanding work on this 
issue and I think it lays out a very reasonable but very important 
template for ensuring the security of our cargo aircraft, the same way 
as we worked together on that of commercial airliners.
  I thank my colleague, I thank all who were involved in this very 
important issue, and I yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, Senator Hollings asked me if I would be 
the Democratic manager here. I want to say to Senator Hutchison, thank 
you so much for all your hard work. I also thank Senator Hollings and 
Senator Rockefeller, Senator Wyden--frankly, the whole committee. This 
is one committee that does work on a bipartisan basis and it is very 
refreshing, I might say.
  S. 165 takes needed steps to respond to concerns that have been 
raised about the status of air cargo security in the U.S., and will act 
to close a loophole that has left our aviation system vulnerable to a 
terrorist attack.
  Last year, Admiral James Loy, the Under Secretary of Transportation 
for Security, expressed his concern, in testimony before the Senate 
Commerce Committee, that air cargo security needed to be strengthened 
or it would remain a potential backdoor open for terrorists to exploit. 
These concerns are well-founded as, prior to September 11, 2001, the 
Department of Transportation Inspector General's--DOT IG--Office had 
confirmed that it was possible to ship dangerous items on aircraft 
without ever having the contents of packages screened. Since the 
terrorist attacks of 9-11, significant changes have occurred to the 
cargo industry in response to this security loophole, but more must be 
done. Last year, the Senate passed a comprehensive cargo security bill, 
but time ran out on the 107th Congress before the House could properly 
consider it. We

[[Page 10831]]

need to pass S. 165 now, and make certain the foundation for addressing 
this matter is put into law.
  S. 165 will instruct the Transportation Security Administration--
TSA--to establish an inspection program for all cargo that is 
transported through the Nation's air transportation system. The bill 
includes language from the legislation which passed in the Senate last 
year requiring the creation of an industry-wide database of known 
shippers of cargo on passenger aircraft and an assessment of the 
current indirect air carrier program, random inspections of indirect 
air carrier facilities, and a report to Congress on the random audit 
system. In addition, S. 165 authorizes the appropriation of necessary 
sums for TSA to carry out an air cargo security program, and mandates 
the development of a training program for all air cargo handlers.
  We have come close to closing the loopholes in cargo security before, 
but the process must be completed. This issue is critical to the future 
of aviation security, air travelers and our economy. Congress should 
act now to pass this legislation before a tragic, avoidable incident 
forces our hand.
  I close by thanking the committee for adding actually four amendments 
that we worked on. I thank my staff for working so hard on this as 
well.
  First of all, we have in this bill made sure the cargo pilots have 
the same opportunity to protect the cockpit as pilots in commercial 
planes. They are going to be part of this program now. I am very 
pleased about that.
  Second, there is a study in here on the best way to proceed on blast-
resistant containers. I have seen Kevlar material which will contain a 
bomb blast so that it doesn't wreak havoc and cause a horrible tragedy. 
So we are looking at that.
  Third, something that Senator McCain mentioned, we have included a 
study to look at the best defense for shoulder-fired missiles. During 
the break, I went to San Diego and I stood on the roof of a parking 
garage at the airport and, believe me, I felt like I could touch the 
aircraft as they came in for a landing. I looked around and realized 
this is a great vulnerability. Many terrorist groups have these 
shoulder-fired missiles, or they can buy them for as little as $8,000. 
We have defenses we have on Air Force One, on military planes, with 
which El Al has their fleet protected. We need to protect our fleet.
  We have a study in this particular bill just in case the study that 
is going on via the supplemental emergency bill gets bogged down. So it 
is a backup.
  Last, I was very concerned to learn fake IDs are very easy to use, 
when you check into an airport. We have a study here to come up with a 
plan on how to use high technology to spot a fake ID.
  I am very pleased to be here. Again, I thank Senator Hollings for 
giving me this honor to express my support. I believe we are going to 
have a voice vote. I am very happy about it and I look forward to 
seeing this bill become law.
  With that, I yield the floor. I know my friend from Texas, the author 
of this bill, has a good deal to say about this important piece of 
legislation.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, the Air Cargo Security Act will make 
such a difference in our Nation's air security. I think we have done a 
lot since
9/11. Since the 9/11 attacks, we have made tremendous progress in 
transportation security. We have created a new Department of Homeland 
Security. We have established the Transportation Security Agency and 
invested heavily in personnel and equipment. However the one thing we 
have not done in the same way that we have protected the top of the 
airplane and the airport, is that we have not yet secured the belly of 
the aircraft. This is where the cargo is shipped. That is what the bill 
we are passing today would do.
  The Air Cargo Security Act would establish a reliable known-shipper 
program, mandate inspections of cargo facilities, direct the 
Transportation Security Agency to work with foreign countries to have 
regular checks at facilities that bring cargo into the United States. 
The legislation develops a training program for air cargo handlers, and 
give TSA the power to revoke the license of a shipper or freight 
forwarder whose practices are unsound.
  As the Senator from California mentioned, her amendment will allow 
cargo pilots to participate in the same security training as airline 
pilots and the legislation will require background checks for all 
noncitizens who would undergo flight training. These are just a few of 
the provisions that I think will go a long way to securing the entire 
aircraft and our country.
  I think we have seen a dramatic improvement in the safety of our 
aircraft and our airports.
  I want to make sure that America has the safest aviation system in 
the world. I think we can do it. This air cargo bill will make a 
difference. This bill passed the Senate last year, and I hope very much 
that the House will pass the bill this year and the President will sign 
it. Then we will give TSA the authority it needs to do this very 
important work.
  Today, there is no doubt in my mind that the traveling public is 
considerably safer than we were on September 10, 2001. That is 
important to recognize. Our screeners undergo background checks, 
training and testing. Checked bags are scrutinized. Flight crew 
training has been improved. We all are traveling under a more secure 
system.
  While our efforts in the 107th Congress have dramatically enhanced 
security, we in the 108th must continue to strive for seamless 
operations. This responsibility includes closing the cargo security 
loophole. It makes no sense to inconvenience airline passengers with 
security screening and baggage checks if we do not establish controls 
over the cargo traveling in the belly of the same plane. Currently, 
twenty-two percent of all air cargo in the U.S. is carried on passenger 
flights, only a tiny fraction of which is inspected. That is 
inexcusable.
  Last year, Senator Feinstein and I commissioned a GAO report on the 
security of our existing air cargo system, and the Commerce Committee 
held a closed hearing on this issue. The report reveals some very 
troubling facts. Security considerations prevent the report from 
getting too specific. But the GAO found that air cargo is vulnerable to 
theft and tampering while it is in transit, and while it is in 
supposedly secure cargo facilities.
  According to the report, identification cards used by cargo workers 
are generally not secured with fingerprints or other biometric 
identifiers. They can be counterfeited. Background checks for cargo 
employees are inadequate.
  Perhaps the weakest link in the cargo security chain is the freight 
forwarder. These are the middlemen who collect cargo from shippers and 
deliver it to the air carrier. Regulations governing these companies 
are lax, and the TSA is finding security violations as it conducts 
inspections. Under current law, however, TSA lacks the authority to 
revoke the shipping privileges of freight forwarders that repeatedly 
violate security and procedural rules. The Air Cargo Security Act gives 
TSA that power.
  Air cargo security is not a new problem. In 1988, Pan Am 103 went 
down over Lockerbie, Scotland because of explosives planted inside a 
radio in the cargo hold of a passenger airplane. The 1996 Valujet crash 
in the Everglades was caused by high-pressure tanks that never should 
have been place aboard a passenger aircraft.
  This legislation will strengthen air cargo security on all commercial 
flights. Specifically, this bill establishes a more reliable known 
shipper program by requiring inspections of facilities, creating an 
accessible shipper database, and providing for tamper-proof 
identification cards for airport personnel. It also gives the TSA the 
tools required to hold shippers accountable for the contents they ship 
by allowing the administration to revoke the license of a shipper or 
freight forwarder engaged in unsound or illegal practices.
  This Air Cargo Security Act also requires the TSA to develop a 
comprehensive training program for cargo

[[Page 10832]]

professionals as well as an approved cargo security plan. The rules and 
procedures in this bill were developed in consultation with the TSA, 
the airlines, and the cargo carriers to ensure that the requirements 
are aggressive, but will not cause hardship to an already-stressed 
industry. In 2001, cargo accounted for about $13 billion, or 10 
percent, of the passenger airlines' total revenue.
  I helped craft the assistance package set forth in the recent 
Supplemental Appropriations bill, and I applaud the way the unions have 
stepped to the plate and engaged in good faith negotiations to relieve 
financial stress on the carriers. I will fight to protect the one 
million aviation-related jobs nationwide. However, the aviation 
industry can never afford another 9/11. Air cargo is the largest 
loophole left in our aviation security network. It must be closed.
  We will oversee the bill's implementation to ensure that it is 
accomplished with a minimum of expense to our critical, yet endangered 
aviation industry.
  To strengthen air cargo security and passenger safety, I urge my 
colleagues to support the Air Cargo Security Act.
  I thank all of my colleagues for their support. I thank the chairman 
of the committee, Mr. McCain, and all of those who worked with me on 
this. I think we are doing a great job. Senator Lott, the chairman of 
the Aviation Subcommittee, has worked with me on this. We have worked 
with the airlines. We don't want to burden the airlines at this time 
because they have had many shocks to their system. So we have worked 
with them to make sure that the actions we take are done in a 
responsible way.
  I ask my colleagues for their support.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, before she leaves the floor, let me commend 
our colleague from Texas, Senator Hutchison, who has spent an enormous 
amount of time on this issue. It has been particularly helpful to this 
Senator as I worked on some of the privacy issues I will be discussing. 
I thank my colleague for all of her good work.
  Earlier this year I spoke on the floor about what I think has been 
the most important privacy issue of our time. That is the proposal for 
what is known as the Total Information Awareness Program. This would 
constitute the biggest surveillance program in American history. In the 
U.S. Senate, Senators Inouye, Stevens, and Feinstein have been working 
on a bipartisan basis with our colleagues in both political parties. We 
put in place sensible restrictions so as to ensure accurate 
congressional oversight.
  What we called for was a requirement that first there be a report by 
the proponents of the program and the agencies involved on how the 
program would work.
  Second, there is a requirement that to deploy any of the technology 
under the Total Information Awareness Program, there would have to be 
explicit congressional approval. This was a momentous step for the 
Senate to pass this legislation unanimously.
  I am rising today to discuss what I think is yet another very 
significant privacy question which is an issue that needs debate in 
committee on this particular bill: the air cargo security legislation. 
The air cargo security legislation includes a proposal that I offered 
regarding what is known as CAPPS II, the passenger prescreening system 
that the Transportation Security Administration is developing. This 
program would do a computer search on each airline passenger to 
determine who should be subject to more careful security screening and, 
in some cases, who shouldn't be allowed to get on a plane.
  All of us in the U.S. Senate understand that it is critically 
important to protect the security and safety of those who fly, and we 
certainly want to look at ways to do it that are smart and, 
particularly, target resources in an efficient way. But to set up a 
system that seeks information on each and every aircraft traveler and 
uses that system to assign scores to every individual--a score as to 
who might possibly be a threat--does raise some very significant 
privacy questions for the Senate.
  The American people will want to know whether that system is narrowly 
limited for a specific purpose or whether it would become an all-
purpose electronic snooping system. The public wants to know whether 
there are accurate safeguards to be sure the system won't be abused and 
sound procedures to provide passengers with the means to address 
mistakes.
  Verbal assurances that these technologies will be used only on 
``lawfully collected information'' are not enough. For one thing, 
``lawfully collected information'' can include almost anything--my 
medical information, financial information, the books I have read, 
places I have visited. This same information--for each of my 
distinguished colleagues and millions of law-abiding citizens--can also 
be ``lawfully collected.''
  In order to protect our civil liberties and right to privacy, 
Congress must be fully and publicly briefed on these types of new 
technological efforts.
  As the New York Times editorial page said earlier this year, 
identifying travelers who may pose a terrorist threat is ``a worthy 
goal'' but also ``raises serious privacy and due process concerns, 
which the government needs to address in a forthright manner.'' I ask 
unanimous consent that the text of this article be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the New York Times, Mar. 11, 2003]

                       The New Airport Profiling

       Having successfully fielded thousands of newly minted 
     federal agents to screen air travelers and their luggage, the 
     Transportation Security Administration is now turning to a 
     far more controversial endeavor. The agency is developing a 
     sophisticated screening system designed to identify travelers 
     who may pose a terrorist threat.
       It is a worthy goal--one ordered up by Congress--but the 
     creation of a highly intrusive federal surveillance program 
     raises serious privacy and due process concerns, which the 
     government needs to address in a forthright manner.
       The notion of electronic profiling is not new. Using such 
     criteria as whether a passenger paid cash for a ticket, a 
     rudimentary system designed in the mid-1990's helped airlines 
     flag passengers deserving heightened scrutiny. What that 
     usually meant was that their checked luggage was carefully 
     inspected. Some of the Sept. 11 hijackers were reported to 
     have been picked out by that system, but it did little good 
     since they did not check any bags.
       The new profiling system is a quantum leap. In addition to 
     evaluating certain travel-related behavior and looking for 
     passenger names on watch lists, the new system will give the 
     transportation agency access to numerous public and private 
     databases the moment a passenger books a flight. Exactly 
     which ones has not yet been determined, but they may include 
     the records of Department of Motor Vehicle offices, banks and 
     credit-rating agencies.
       After the program is in place, which could be as early as 
     the end of this year, the Transportation Security 
     Administration will assign each passenger a risk level: 
     green, yellow or red. Travelers will not be informed of their 
     designations, which will be encrypted onto their boarding 
     passes. The T.S.A. says it is mindful of the obvious privacy 
     concerns raised by such a system, though it points out that 
     it will not be amassing new databases, but rather mining ones 
     already used routinely to profile consumers. The agency says 
     it is not interested in knowing whether you bounced a check 
     five years ago, or whether you have paid your parking 
     tickets, but in authenticating your identity.
       Privacy principles are not necessarily sacrosanct, but this 
     plan runs the risk of overreaching. For one thing, it could 
     quickly lead to mistaken actions based on inaccurate 
     information.
       More worrisome is the possibility that this system could 
     grow into a runaway vacuum cleaner, sweeping up all manner of 
     data that can then be misused by the government. Congress 
     recently put the brakes on the Pentagon's Total Information 
     Awareness project, a dangerously uncontrolled program that 
     was designed to track the activities of millions of 
     Americans. Lawmakers must ensure that the transportation 
     agency's profiling system does not become an all-purpose 
     equivalent.

  Mr. WYDEN. Mr. President, this article identifies the issue with 
respect to travelers. I spoke about those who may pose a terrorist 
threat. It is a worthy goal. But I also said that this issue raises 
serious privacy concerns which the government needs to address in a 
forthright way, and addressing privacy

[[Page 10833]]

concerns in a forthright manner is what the legislation now does as a 
result of the amendment involving this passenger prescreening program.
  What you are going to have under the legislation now is a chance to 
get the key questions answered with respect to how this program would 
work. It is my intention that the information with respect to how this 
program would work would be available for public scrutiny as well.
  I met with those at the TSA who spearhead this passenger prescreening 
program. They certainly raise a number of issues with respect to 
privacy protections which they would like to include. But at this 
point, the only written information that we have on CAPPS II was 
published in the Federal Register on January 15 of this year.
  That program outlines a broad-based initiative that would house 
records such as ``risk assessment reports,'' financial and 
transactional data, public source information, proprietary data, and 
information from law enforcement and intelligent sources.
  This broad array of information may then be disclosed to ``Federal, 
State, territorial, tribal, local, international, or foreign 
agencies.'' Suffice it to say, based on the Federal Register 
description on January 15, 2003, the public is concerned about how this 
kind of program is going to work.
  Clearly, our country wants to fight terrorism ferociously. We want to 
take the steps necessary to protect our airline passengers. But 
something which is as sweeping and as broad as the proposal that was 
outlined in the Federal Register for screening airline passengers 
certainly ought to give the American people and the U.S. Senate pause.
  I think it is important that the public not be kept in the dark on 
this issue. That is why the legislation on the program which I was able 
to include in the air cargo security bill is important. It is going to 
bring some sunshine to this issue--some long overdue sunshine.
  I hope my colleagues will continue to work with me and others in a 
bipartisan basis on the privacy issues. We made very significant 
progress with respect to the limitations that were put on the Total 
Information Awareness Program. The effort that is now underway with 
respect to screening airline passengers presents some other very 
significant privacy issues. We ought to continue to make sure that as 
we take steps to protect the public safety, we remember that it is 
critically important to protect privacy rights and civil liberties. We 
now are making an effort to do that in the air cargo security 
legislation.
  I urge my colleagues to support the bill tonight.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Voinovich). Without objection, the 
amendment is agreed to.
  The amendment (No. 538) was agreed to.
  Mr. ROCKEFELLER. Mr. President, I rise in support of S. 165, the Air 
Cargo Security Improvement Act. This legislation is another critical 
piece in our ongoing efforts to increase the security of our aviation 
system. I commend my colleagues, Senator Hutchison and Senator 
Feinstein, for their continued leadership on this critical issue.
  Over the past 18 months, we have worked every day to improve security 
in our airports and on our airplanes. While we set in place 
unprecedented improvements in aviation security, clear gaps remain. 
Today's legislation is aimed at filling security gaps in the vast and 
economically vital air cargo network by providing the Transportation 
Security Administration and related security agencies with the 
authority and resources they need to implement new air cargo security 
requirements.
  This important legislation, which passed the Senate last year as part 
of S. 2949, the Aviation Security Improvement Act, requires TSA to 
establish a system to screen, inspect, or otherwise ensure security of 
all cargo transported by air and to establish a system for regular 
inspection of airport and cargo shipping facilities. Unfortunately, the 
House of Representatives did not act on this legislation last year. 
Improving the security of our nation's air cargo system must be 
addressed this year, and I am pleased that the Senate has acted quickly 
to pass this vital legislation again in the 108th Congress.
  The Air Cargo bill would take several steps to improve the security 
of air cargo. The bill requires the Transportation Security Agency, 
TSA, to develop a strategic plan to ensure that all air cargo is 
screened, inspected, or otherwise made secure. TSA would also be 
required to develop a system for the regular inspection of air cargo 
shipping facilities, the establishment of a database of known shippers, 
companies and persons that regularly ship cargo, in order to bolster 
the Known Shipper Program, and review and assess the existing federal 
security program for freight forwarders, companies that accept and 
consolidate freight and tender it to an all cargo or passenger carrier 
for air shipment. The bill allows TSA to revoke the certificates of 
freight forwarders if the agency finds that they are not adhering to 
security laws or regulations.
  The legislation also mandates that TSA develop a security training 
program for persons who handle air cargo and all cargo carriers would 
be required to develop security plans that would be subject to approval 
by TSA.
  During the Commerce Committee's consideration of the legislation a 
number of important amendments offered by Senators Wyden, Boxer, and 
Bill Nelson were adopted that strengthened the bill.
  These provisions included requiring Secretary of Homeland Security to 
report to Congress on the impact on the privacy and civil liberties of 
the Computer Assisted Passenger Prescreening System, requiring 
background checks of alien flight school applicants to include 
applicants for flight training of planes below 12,500 pounds, and to 
transfer these responsibilities from the Department of Justice to the 
Transportation Security Administration, and requires guidelines for 
verifying passenger identification.
  The Committee also adopted provisions to have the FAA and TSA conduct 
a study on blast-resistant cargo containers, allowing cargo pilots to 
participate in the Federal Flight Deck Officer program, and requiring 
the Department of Homeland Security to issue a report on how best to 
defend passenger aircraft from shoulder-fired missiles.
  The Air Cargo Security Improvement Act is another important step in 
our efforts to improve our nation's aviation security network, but it 
is by no means the final step. I spend countless hours each week as 
part of my duties on the Intelligence Committee and we all recognize 
that the changing nature of threats will require continued vigilant 
oversight and modifications to our security network. There are no 
guarantees, but we can and must continue to work every day to make sure 
that the people who fly and the places they fly from are safe.
  Mr. NELSON of Florida. Mr. President, I rise in support of S. 165 the 
Air Cargo Security Improvement Act.
  This legislation is another important step toward fully protecting 
the United States and all Americans from terrorists who intend to use 
our aviation system to commit future attacks.
  Among other provisions, including the creation of a security program 
to protect our air cargo from terrorist attacks, this bill mandates 
crucial studies on blast resistant cargo containers, the Transportation 
Security Administration's passenger screening program known as CAPPS 
II, and most importantly, how to defend our airliners from shoulder 
missile attacks similar to the attack last December on an Israeli 
charter jet in the skies over Kenya.
  We must continue to be vigilant in protecting our Nation. This 
legislation addresses a deep concern of mine regarding foreign citizens 
coming to the United States to receive pilot training on all sizes of 
aircraft. Unfortunately, we have seen what can happen when people come 
to our country with the specific intent to do us great harm. Many of 
the September 11 hijackers learned to fly the planes they used as 
deadly weapons at flight schools here in the United States.
  Section 113 of the Aviation and Transportation Security Act, which

[[Page 10834]]

was enacted in the 107th Congress, requires background checks of all 
foreign flight school applicants seeking training to operate aircraft 
weighing 12,500 pounds or more. While this provision should help 
prevent September 11th-style attacks by U.S.-trained pilots using 
hijacked jets in the future, it does nothing to prevent different types 
of potential attacks against our domestic security. To rectify this 
problem, I introduced S. 236 together with Senators Corzine, Enzi, 
Feinstein, and Thomas earlier this year.
  The FBI has issued terrorism warnings indicating that small planes 
might be used to carry out suicide attacks. Small aircraft can be used 
by terrorists to attack nuclear facilities, carry explosives, or 
deliver biological or chemical agents. For example, if a crop duster 
filled with a combination of fertilizers and explosives were crashed 
into a filled sporting event stadium, thousands of people could be 
seriously injured or killed. We cannot allow this to happen. We need to 
ensure that we are not training terrorists to perform these activities. 
We cannot allow critical warnings to go unheeded.
  This bill will close an important loophole and answer the critical 
warnings issued by the FBI by extending the background check 
requirement to all foreign applicants to U.S. flight schools, 
regardless of the size aircraft they seek to learn to fly. It also 
transfers the entire security background check program from the 
Department of Justice to the Department of Homeland Security, 
specifically to the Transportation Security Administration. It is my 
expectation that the Transportation Security Administration, which 
provided excellent advice in the fine tuning of this legislation, will 
apply a stringent level of background screening to all foreign 
nationals who seek flight training here in the United States. We cannot 
allow anyone to slip through the cracks. We cannot aid anyone who 
intends to do harm to Americans and to our Nation.
  I thank the distinguished chairman and ranking member of the Commerce 
Committee, Senators McCain and Hollings, and their staffs, for working 
with me to ensure inclusion of this provision in the bill.
  Mrs. FEINSTEIN. Mr. President, I thank Senator Hutchison for her work 
on the Air Cargo Security Act. Last year this bill passed the Senate 
and I look forward to passing this legislation again today. Hopefully 
the House will take up this legislation promptly and send it to the 
President's desk.
  Earlier this year Senator Hutchison and I released a report from the 
General Accounting Office that demonstrates why the Congress and the 
Transportation Security Administration must--together--move quickly to 
shore up our vulnerabilities to protect against another terrorist 
attack.
  I strongly believe that we must increase our defenses across the 
board to anticipate the next attack, not just correct the 
vulnerabilities that were already exploited by terrorists on September 
11.
  After September 11, Congress moved quickly to federalize the airport 
security screening workforce to prevent more hijackings, but we have 
not done enough to increase our air cargo security.
  The General Accounting Office report shows that Congress must require 
the TSA to develop a strategic plan to screen and inspect air cargo to 
protect our Nation's air transportation system. According to this 
report, our air cargo system remains vulnerable to a terrorist attack 
because:
  First, there aren't enough safeguards in place to ensure that someone 
shipping air cargo under the ``known shipper'' program has taken the 
proper steps to protect against use by terrorists;
  Second, cargo tampering is possible at various points where cargo 
transfers from company to company;
  Third, air cargo handlers are not required to have criminal 
background checks, and they do not always have their identification 
verified;
  Fourth, and most importantly, most cargo shipped by air is never 
screened.
  To address these problems, the GAO recommends that the Transportation 
Security Administration develop a comprehensive plan for improving air 
cargo security.
  The air cargo legislation we are passing today, directs the TSA to: 
Develop a strategic plan to ensure the security of all air cargo; 
establish an industry-wide pilot program database of known shippers; 
set up a training program for handlers to learn how to safeguard cargo 
from tampering; and inspect air cargo shipping facilities on a regular 
basis.
  The Aviation Security Act Congress passed after September 11 required 
the Transportation Security Administration to screen and inspect air 
cargo ``as soon as practicable.'' The GAO report shows we cannot wait 
any longer. The time is now for the Senate to again take up this 
legislation, again pass this legislation, and for the TSA to prevent 
terrorists from tampering with the cargo loaded into the underbelly of 
our airplanes.
  The General Accounting Office recommends that the Under Secretary for 
Transportation develop a comprehensive plan for air cargo security that 
includes priority actions identified on the basis of risk, costs, 
deadlines for completing those actions, and performance targets.
  The TSA has a great deal of options at its disposal. The TSA could: 
Screen air cargo for explosives; secure cargo with high-tech seals; 
control access to holding areas containing cargo; use cargo tracking 
systems; install more cameras in cargo areas at airports; use blast 
resistant containers; have more bomb-sniffing dogs; put cargo in 
decompression chambers before loading it onto an aircraft; require the 
identity of people making air cargo deliveries to be checked; establish 
an industrywide computer profiling system; require criminal background 
checks for employees at freight forwarders and consolidators; and 
require third party inspections.
  We do not expect the TSA to X-ray and scan all cargo for explosives 
because shippers and carriers would be able to process only 4 percent 
of cargo received daily, which would severely disrupt the air cargo 
industry. However, the Federal Government can deploy a combination of 
the techniques I have listed to implement a comprehensive security plan 
for air cargo.
  Since one half of the hull of each passenger aircraft is typically 
filled with cargo and 22 percent of all cargo transported by plane is 
loaded on passenger flights, I believe air cargo security is just as 
important as passenger security. In fact, you cannot keep passengers 
safe without stronger air cargo security.
  Each time there is a major jet crash or bombing, we reexamine our 
aviation security. I hope it will not take another accident or attack 
for us to finally pass this legislation into law.
  I thank Senator Hutchison, Senator McCain, and Senator Hollings for 
their leadership on this issue of transportation security, and I look 
forward to this bill being signed into law.
  Ms. SNOWE. Mr. President, I rise today in support of legislation 
before the Senate that addresses what I feel is one of the most glaring 
loopholes in our homeland security net: that of the lax air cargo 
security infrastructure in our country.
  In 2001, with the passage of the Aviation and Transportation Security 
Act, we reinvented aviation security. We overturned the status quo, and 
I am proud of the work we did. We put the Federal Government in charge 
of security and we have made significant strides toward restoring the 
confidence of the American people that it is safe to fly. We no longer 
have a system in which the financial ``bottom line'' interferes with 
protecting the flying public. We also addressed the gamut of critical 
issues, including baggage screening, additional air marshals, cockpit 
security, and numerous other issues.
  There is more work to be done. We must not lose focus, and we must 
maintain a continuity of commitment. If we are to fulfill our 
obligations to confront the aviation security challenges we face in the 
aftermath of September 11, we must remain aggressive. We need a ``must-
do'' attitude, not excuses about what ``can't be done,'' because

[[Page 10835]]

we are only as safe as the weakest link in our aviation security 
system.
  I am a strong supporter of legislation that we are considering today, 
the Air Cargo Security Act, a bill intended to strengthen the air cargo 
security system in this country. According to the GAO, a full 22 
percent of all the cargo shipped by air in this country in 2000 was 
shipped on passenger flights--and half of the hull of a typical 
passenger plane is filled with cargo. The Department of Transportation 
Inspector General has recommended that current air cargo controls be 
tightened, particularly the process for certifying freight forwarders 
and assessing their compliance with security requirements, and has 
warned that the existing screening system is ``easily circumvented.'' 
This must not be allowed to stand.
  Moreover, according to a Washington Post report last year, internal 
TSA documents warn of an increased risk of an attack designed to 
exploit this vulnerability because TSA has been focused primarily on 
meeting its new mandates to screen passengers and luggage. This is 
clear evidence that cargo security needs to be bolstered. And time is 
not on our side.
  At many of the Senate Commerce Committee's aviation security hearings 
since 9/11, I have expressed concern about the significant outstanding 
air cargo security issues that we face. On January 23, I introduced 
legislation which would require TSA to put together a comprehensive air 
cargo security plan. And while TSA was developing their plan, my bill 
mandated that interim security measures be put into place, which 
include random cargo screening, greater scrutiny of shippers and a 
training regime for air cargo handlers.
  The bill before us today, the Air Cargo Security Act, incorporates 
many of the provisions of my bill. First of all, it would require TSA 
to establish a system to ensure the security of all cargo transported 
in the U.S. on both passenger aircraft and cargo aircraft, which must 
be finalized within 6 months of enactment. It is essential that TSA 
have a comprehensive plan in place as soon as possible, so that they 
can go after the most glaring security loopholes in the air cargo 
system. Secondly, the bill includes language I authored establishing a 
pilot program would be to allow the Secretary of Homeland Security to 
test various techniques for screening cargo being loaded onto passenger 
planes including random physical screening. Today, virtually no cargo 
loaded onto airliners is screened, and it is vital that TSA settle soon 
on the best method of cargo screening with an eye towards deploying 
those methods in airports around the country.
  Also, in response to concerns that I had raised about security at 
foreign cargo facilities that ship to the U.S. by air, the legislation 
includes a provision requiring TSA to work with foreign countries to 
conduct regular inspections at facilities transporting air cargo to the 
U.S. Finally, the bill also includes a provision from my bill to 
develop a detailed training program for all persons that handle air 
cargo. This will ensure that the cargo is properly handled and safe-
guarded from security breaches.
  The Air Cargo Security Act would also require TSA to establish an 
industrywide database of shippers who ship on passenger planes. I know 
that the TSA has already been working on this database. The bill also 
seeks to greatly increase oversight of indirect air carriers, ``freight 
forwarders,'' complete with a system of random TSA inspections.
  On last September 11, terrorists exposed the vulnerability of our 
commercial aviation network in the most horrific fashion. The landmark 
aviation security legislation was a major step in the right direction, 
but we must always stay one step ahead of those who would commit 
vicious acts of violence on our soil aimed at innocent men, women, and 
children.
  The bill before us works towards that goal, and therefore I am 
pleased to support it.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading, was read 
the third time, and passed, as follows:

                                 S. 165

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Air Cargo Security 
     Improvement Act''.

     SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER 
                   AIRCRAFT.

       Section 44901(f) of title 49, United States Code, is 
     amended to read as follows:
       ``(f) Cargo.--
       ``(1) In general.--The Under Secretary of Transportation 
     for Security shall establish systems to screen, inspect, or 
     otherwise ensure the security of all cargo that is to be 
     transported in--
       ``(A) passenger aircraft operated by an air carrier or 
     foreign air carrier in air transportation or intrastate air 
     transportation; or
       ``(B) all-cargo aircraft in air transportation and 
     intrastate air transportation.
       ``(2) Strategic plan.--The Under Secretary shall develop a 
     strategic plan to carry out paragraph (1) within 6 months 
     after the date of enactment of the Air Cargo Security 
     Improvement Act.
       ``(3) Pilot program.--The Under Secretary shall conduct a 
     pilot program of screening of cargo to assess the 
     effectiveness of different screening measures, including the 
     use of random screening. The Under Secretary shall attempt to 
     achieve a distribution of airport participation in terms of 
     geographic location and size.''.

     SEC. 3. AIR CARGO SHIPPING.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 44922. Regular inspections of air cargo shipping 
       facilities

       ``The Under Secretary of Transportation for Security shall 
     establish a system for the regular inspection of shipping 
     facilities for shipments of cargo transported in air 
     transportation or intrastate air transportation to ensure 
     that appropriate security controls, systems, and protocols 
     are observed, and shall enter into arrangements with the 
     civil aviation authorities, or other appropriate officials, 
     of foreign countries to ensure that inspections are conducted 
     on a regular basis at shipping facilities for cargo 
     transported in air transportation to the United States.''.
       (b) Additional Inspectors.--The Under Secretary may 
     increase the number of inspectors as necessary to implement 
     the requirements of title 49, United States Code, as amended 
     by this subtitle.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     449 of title 49, United States Code, is amended by adding at 
     the end the following:

``44922. Regular inspections of air cargo shipping facilities''.

     SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code, is further amended by adding at the end 
     the following:

     ``Sec.  44923. Air cargo security

       ``(a) Database.--The Under Secretary of Transportation for 
     Security shall establish an industry-wide pilot program 
     database of known shippers of cargo that is to be transported 
     in passenger aircraft operated by an air carrier or foreign 
     air carrier in air transportation or intrastate air 
     transportation. The Under Secretary shall use the results of 
     the pilot program to improve the known shipper program.
       ``(b) Indirect Air Carriers.--
       ``(1) Random inspections.--The Under Secretary shall 
     conduct random audits, investigations, and inspections of 
     indirect air carrier facilities to determine if the indirect 
     air carriers are meeting the security requirements of this 
     title.
       ``(2) Ensuring compliance.--The Under Secretary may take 
     such actions as may be appropriate to promote and ensure 
     compliance with the security standards established under this 
     title.
       ``(3) Notice of failures.--The Under Secretary shall notify 
     the Secretary of Transportation of any indirect air carrier 
     that fails to meet security standards established under this 
     title.
       ``(4) Withdrawal of security program approval.--The Under 
     Secretary may issue an order amending, modifying, suspending, 
     or revoking approval of a security program of an indirect air 
     carrier that fails to meet security requirements imposed by 
     the Under Secretary if such failure threatens the security of 
     air transportation or commerce. The affected indirect air 
     carrier shall be given notice and the opportunity to correct 
     its noncompliance unless the Under Secretary determines that 
     an emergency exists. Any indirect air carrier that has the 
     approval of its security program amended, modified, 
     suspended, or revoked under this section may appeal the 
     action in accordance with procedures established by the Under 
     Secretary under this title.
       ``(5) Indirect air carrier.--In this subsection, the term 
     `indirect air carrier' has the meaning given that term in 
     part 1548 of title 49, Code of Federal Regulations.
       ``(c) Consideration of Community Needs.--In implementing 
     air cargo security

[[Page 10836]]

     requirements under this title, the Under Secretary may take 
     into consideration the extraordinary air transportation needs 
     of small or isolated communities and unique operational 
     characteristics of carriers that serve those communities.''.
       (b) Assessment of Indirect Air Carrier Program.--The Under 
     Secretary of Transportation for Security shall assess the 
     security aspects of the indirect air carrier program under 
     part 1548 of title 49, Code of Federal Regulations, and 
     report the result of the assessment, together with any 
     recommendations for necessary modifications of the program to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure within 60 days after the date of enactment 
     of this Act. The Under Secretary may submit the report and 
     recommendations in classified form.
       (c) Report to Congress on Random Audits.--The Under 
     Secretary of Transportation for Security shall report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on random screening, audits, and 
     investigations of air cargo security programs based on threat 
     assessments and other relevant information. The report may be 
     submitted in classified form.
       (d) Conforming Amendment.--The chapter analysis for chapter 
     449 of title 49, United States Code, as amended by section 3, 
     is amended by adding at the end the following:

``44923. Air cargo security''.

     SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS.

       The Under Secretary of Transportation for Security shall 
     establish a training program for any persons that handle air 
     cargo to ensure that the cargo is properly handled and safe-
     guarded from security breaches.

     SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

       (a) In General.--The Under Secretary of Transportation for 
     Security shall establish a program requiring that air 
     carriers operating all-cargo aircraft have an approved plan 
     for the security of their air operations area, the cargo 
     placed aboard such aircraft, and persons having access to 
     their aircraft on the ground or in flight.
       (b) Plan Requirements.--The plan shall include provisions 
     for--
       (1) security of each carrier's air operations areas and 
     cargo acceptance areas at the airports served;
       (2) background security checks for all employees with 
     access to the air operations area;
       (3) appropriate training for all employees and contractors 
     with security responsibilities;
       (4) appropriate screening of all flight crews and persons 
     transported aboard all-cargo aircraft;
       (5) security procedures for cargo placed on all-cargo 
     aircraft as provided in section 44901(f)(1)(B) of title 49, 
     United States Code; and
       (6) additional measures deemed necessary and appropriate by 
     the Under Secretary.
       (c) Confidential Industry Review and Comment.--
       (1) Circulation of proposed program.--The Under Secretary 
     shall--
       (A) propose a program under subsection (a) within 90 days 
     after the date of enactment of this Act; and
       (B) distribute the proposed program, on a confidential 
     basis, to those air carriers and other employers to which the 
     program will apply.
       (2) Comment period.--Any person to which the proposed 
     program is distributed under paragraph (1) may provide 
     comments on the proposed program to the Under Secretary not 
     more than 60 days after it was received.
       (3) Final program.--The Under Secretary of Transportation 
     shall issue a final program under subsection (a) not later 
     than 90 days after the last date on which comments may be 
     provided under paragraph (2). The final program shall contain 
     time frames for the plans to be implemented by each air 
     carrier or employer to which it applies.
       (4) Suspension of procedural norms.--Neither chapter 5 of 
     title 5, United States Code, nor the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall apply to the program 
     required by this section.

     SEC. 7. REPORT ON PASSENGER PRESCREENING PROGRAM.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary of Homeland Security, after 
     consultation with the Attorney General, shall submit a report 
     in writing to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the potential impact of 
     the Transportation Security Administration's proposed 
     Computer Assisted Passenger Prescreening system, commonly 
     known as CAPPS II, on the privacy and civil liberties of 
     United States citizens.
       (b) Specific Issues To Be Addressed.--The report shall 
     address the following:
       (1) Whether and for what period of time data gathered on 
     individual travelers will be retained, who will have access 
     to such data, and who will make decisions concerning access 
     to such data.
       (2) How the Transportation Security Administration will 
     treat the scores assigned to individual travelers to measure 
     the likelihood they may pose a security threat, including how 
     long such scores will be retained and whether and under what 
     circumstances they may be shared with other governmental, 
     non-governmental, or commercial entities.
       (3) The role airlines and outside vendors or contractors 
     will have in implementing and operating the system, and to 
     what extent will they have access, or the means to obtain 
     access, to data, scores, or other information generated by 
     the system.
       (4) The safeguards that will be implemented to ensure that 
     data, scores, or other information generated by the system 
     will be used only as officially intended.
       (5) The procedures that will be implemented to mitigate the 
     effect of any errors, and what procedural recourse will be 
     available to passengers who believe the system has wrongly 
     barred them from taking flights.
       (6) The oversight procedures that will be implemented to 
     ensure that, on an ongoing basis, privacy and civil liberties 
     issues will continue to be considered and addressed with high 
     priority as the system is installed, operated and updated.

     SEC. 8. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO 
                   OPERATE AIRCRAFT.

       (a) In General.--Section 44939 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 44939. Training to operate certain aircraft

       ``(a) In General.--
       ``(1) Waiting period.--A person subject to regulation under 
     this part may provide training in the United States in the 
     operation of an aircraft to an individual who is an alien (as 
     defined in section 101(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(3))) or to any other 
     individual specified by the Under Secretary of Homeland 
     Security for Border and Transportation Security only if--
       ``(A) that person has notified the Under Secretary that the 
     individual has requested such training and furnished the 
     Under Secretary with that individual's identification in such 
     form as the Under Secretary may require; and
       ``(B) the Under Secretary has not directed, within 30 days 
     after being notified under subparagraph (A), that person not 
     to provide the requested training because the Under Secretary 
     has determined that the individual presents a risk to 
     aviation security or national security.
       ``(2) Notification-only individuals.--
       ``(A) In general.--The requirements of paragraph (1) shall 
     not apply to an an alien individual who holds a visa issued 
     under title I of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) and who--
       ``(i) has earned a Federal Aviation Administration type 
     rating in an aircraft or has undergone type-specific 
     training, or
       ``(ii) holds a current pilot's license or foreign 
     equivalent commercial pilot's license that permits the person 
     to fly an aircraft with a maximum certificated takeoff weight 
     of more than 12,500 pounds as defined by the International 
     Civil Aviation Organization in Annex 1 to the Convention on 
     International Civil Aviation,

     if the person providing the training has notified the Under 
     Secretary that the individual has requested such training and 
     furnished the Under Secretary with that individual's visa 
     information.
       ``(B) Exception.--Subparagraph (A) does not apply to an 
     alien individual whose airman's certificate has been 
     suspended or revoked under procedures established by the 
     Under Secretary.
       ``(3) Expedited processing.--The waiting period under 
     paragraph (1) shall be expedited for an individual who--
       ``(A) has previously undergone a background records check 
     by the Foreign Terrorist Tracking Task Force;
       ``(B) is employed by a foreign air carrier certified under 
     part 129 of title 49, Code of Federal Regulations, that has a 
     TSA 1546 approved security program and who is undergoing 
     recurrent flight training;
       ``(C) is a foreign military pilot endorsed by the United 
     States Department of Defense for flight training; or
       ``(D) who has unescorted access to a secured area of an 
     airport designated under section 44936(a)(1)(A)(ii).
       ``(4) Investigation authority.--In order to determine 
     whether an individual requesting training described in 
     paragraph (1) presents a risk to aviation security or 
     national security the Under Secretary is authorized to use 
     the employment investigation authority provided by section 
     44936(a)(1)(A) for individuals applying for a position in 
     which the individual has unescorted access to a secured area 
     of an airport designated under section 44936(a)(1)(A)(ii).
       ``(5) Fee.--
       ``(A) In general.--The Under Secretary may assess a fee for 
     an investigation under this section, which may not exceed 
     $100 per individual (exclusive of the cost of transmitting 
     fingerprints collected at overseas facilities) during fiscal 
     years 2003 and 2004. For fiscal year 2005 and thereafter, the 
     Under Secretary may adjust the maximum amount of the fee to 
     reflect the costs of such an investigation.

[[Page 10837]]

       ``(B) Offset.--Notwithstanding section 3302 of title 31, 
     United States Code, any fee collected under this section--
       ``(i) shall be credited to the account in the Treasury from 
     which the expenses were incurred and shall be available to 
     the Under Secretary for those expenses; and
       ``(ii) shall remain available until expended.
       ``(b) Interruption of Training.--If the Under Secretary, 
     more than 30 days after receiving notification under 
     subsection (a)(1)(A) from a person providing training 
     described in subsection (a)(1) or at anytime after receiving 
     notice from such a person under subsection (a)(2)(a), 
     determines that an individual receiving such training 
     presents a risk to aviation or national security, the Under 
     Secretary shall immediately notify the person providing the 
     training of the determination and that person shall 
     immediately terminate the training.
       ``(c) Covered Training.--For purposes of subsection (a), 
     the term -`training'--
       ``(1) includes in-flight training, training in a simulator, 
     and any other form or aspect of training; but
       ``(2) does not include classroom instruction (also known as 
     ground school training), which may be provided during the 30-
     day period described in subsection (a)(1)(B).
       ``(d) Interagency Cooperation.--The Attorney General, the 
     Director of Central Intelligence, and the Administrator of 
     the Federal Aviation Administration shall cooperate with the 
     Under Secretary in implementing this section.
       ``(e) Security Awareness Training for Employees.--The Under 
     Secretary shall require flight schools to conduct a security 
     awareness program for flight school employees, and for 
     certified instructors who provide instruction for the flight 
     school but who are not employees thereof, to increase their 
     awareness of suspicious circumstances and activities of 
     individuals enrolling in or attending flight school.''.
       (b) Procedures.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Under Secretary of Homeland 
     Security for Border and Transportation Security shall 
     promulgate an interim final rule to implement section 44939 
     of title 49, United States Code, as amended by subsection 
     (a).
       (2) Use of overseas facilities.--In order to implement 
     section 44939 of title 49, United States Code, as amended by 
     subsection (a), United States Embassies and Consulates that 
     possess appropriate fingerprint collection equipment and 
     personnel certified to capture fingerprints shall provide 
     fingerprint services to aliens covered by that section if the 
     Under Secretary requires fingerprints in the administration 
     of that section, and shall transmit the fingerprints to the 
     Under Secretary or other agency designated by the Under 
     Secretary. The Attorney General and the Secretary of State 
     shall cooperate with the Under Secretary in carrying out this 
     paragraph.
       (3) Use of united states facilities.--If the Under 
     Secretary requires fingerprinting in the administration of 
     section 44939 of title 49, United States Code, the Under 
     Secretary may designate locations within the United States 
     that will provide fingerprinting services to individuals 
     covered by that section.
       (c) Effective Date.--The amendment made by subsection (a) 
     takes effect on the effective date of the interim final rule 
     required by subsection (b)(1).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure a report on the 
     effectiveness of the activities carried out under section 
     44939 of title 49, United States Code, in reducing risks to 
     aviation security and national security.

     SEC. 9. PASSENGER IDENTIFICATION.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Under Secretary of Transportation 
     for Security, in consultation with the Administrator of the 
     Federal Aviation Administration, appropriate law enforcement, 
     security, and terrorism experts, representatives of air 
     carriers and labor organizations representing individuals 
     employed in commercial aviation, shall develop guidelines to 
     provide air carriers guidance for detecting false or 
     fraudulent passenger identification. The guidelines may take 
     into account new technology, current identification measures, 
     training of personnel, and issues related to the types of 
     identification available to the public. The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to any meeting 
     held pursuant to this subsection.
       (b) Air Carrier Programs.--Within 60 days after the Under 
     Secretary issues the guidelines under subsection (a) in final 
     form, the Under Secretary shall provide the guidelines to 
     each air carrier and establish a joint government and 
     industry council to develop recommendations on how to 
     implement the guidelines.
       (c) Report.--The Under Secretary of Transportation for 
     Security shall report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure within 1 year 
     after the date of enactment of this Act on the actions taken 
     under this section.

     SEC. 10. PASSENGER IDENTIFICATION VERIFICATION.

       (a) Program Required.--The Under Secretary of 
     Transportation for Security may establish and carry out a 
     program to require the installation and use at airports in 
     the United States of the identification verification 
     technologies the Under Secretary considers appropriate to 
     assist in the screening of passengers boarding aircraft at 
     such airports.
       (b) Technologies Employed.--The identification verification 
     technologies required as part of the program under subsection 
     (a) may include identification scanners, biometrics, retinal, 
     iris, or facial scanners, or any other technologies that the 
     Under Secretary considers appropriate for purposes of the 
     program.
       (c) Commencement.--If the Under Secretary determines that 
     the implementation of such a program is appropriate, the 
     installation and use of identification verification 
     technologies under the program shall commence as soon as 
     practicable after the date of that determination.

     SEC. 11. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

       Not later than 6 months after the date of enactment of this 
     Act, the Under Secretary of Transportation for Security, and 
     the Administrator of the Federal Aviation Administration, 
     shall jointly submit a report to Congress that contains--
       (1) an evaluation of blast-resistant cargo container 
     technology to protect against explosives in passenger luggage 
     and cargo;
       (2) an examination of the advantages associated with the 
     technology in preventing damage and loss of aircraft from 
     terrorist action and any operational impacts which may result 
     from use of the technology (particularly added weight and 
     costs);
       (3) an analysis of whether alternatives exist to mitigate 
     the impacts described in paragraph (2) and options available 
     to pay for the technology; and
       (4) recommendations on what further action, if any, should 
     be taken with respect to the use of blast-resistant cargo 
     containers on passenger aircraft.

     SEC. 12. ARMING PILOTS AGAINST TERRORISM.

       (a) Findings and Purpose.--
       (1) Findings.--Congress makes the following findings:
       (A) During the 107th Congress, both the Senate and the 
     House of Representatives overwhelmingly passed measures that 
     would have armed pilots of cargo aircraft.
       (B) Cargo aircraft do not have Federal air marshals, 
     trained cabin crew, or determined passengers to subdue 
     terrorists.
       (C) Cockpit doors on cargo aircraft, if present at all, 
     largely do not meet the security standards required for 
     commercial passenger aircraft.
       (D) Cargo aircraft vary in size and many are larger and 
     carry larger amounts of fuel than the aircraft hijacked on 
     September 11, 2001.
       (E) Aircraft cargo frequently contains hazardous material 
     and can contain deadly biological and chemical agents and 
     quantities of agents that caused communicable diseases.
       (F) Approximately 12,000 of the Nation's 90,000 commercial 
     pilots serve as pilots and flight engineers on cargo 
     aircraft.
       (G) There are approximately 2,000 cargo flights per day in 
     the United States, many of which are loaded with fuel for 
     outbound international travel or are inbound from foreign 
     airports not secured by the Transportation Security 
     Administration.
       (H) aircraft transporting cargo pose a serious risk as 
     potential terrorist targets that could be used as weapons of 
     mass destruction.
       (I) Pilots of cargo aircraft deserve the same ability to 
     protect themselves and the aircraft they pilot as other 
     commercial airline pilots.
       (J) Permitting pilots of cargo aircraft to carry firearms 
     creates an important last line of defense against a terrorist 
     effort to commandeer a cargo aircraft.
       (2) Sense of congress.--It is the sense of Congress that a 
     member of a flight deck crew of a cargo aircraft should be 
     armed with a firearm to defend the cargo aircraft against an 
     attack by terrorists that could result in the use of the 
     aircraft as a weapon of mass destruction or for other 
     terrorists purposes.
       (b) Arming Cargo Pilots Against Terrorism.--Section 44921 
     of title 49, United States Code, is amended--
       (1) by striking ``passenger'' in subsection (a) each place 
     that it appears;
       (2) by striking ``or,'' and all that follows in subsection 
     (k)(2) and inserting ``or any other flight deck crew 
     member.''; and
       (3) by adding at the end of subsection (k) the following:
       ``(3) All-cargo air transportation.--For the purposes of 
     this section, the term air transportation includes all-cargo 
     air transportation.''.
       (c) Implementation.--
       (1) Time for implementation.--The training of pilots as 
     Federal flight deck officers required in the amendments made 
     by subsection (b) shall begin as soon as practicable and no 
     later than 90 days after the date of enactment of this Act.

[[Page 10838]]

       (2) Effect on other laws.--The requirements of subparagraph 
     (1) shall have no effect on the deadlines for implementation 
     contained in section 44921 of title 49, United States Code, 
     as in effect on the day before the date of enactment of this 
     Act.

     SEC. 13. REPORT ON DEFENDING AIRCRAFT FROM MAN-PORTABLE AIR 
                   DEFENSE SYSTEMS (SHOULDER-FIRED MISSILES).

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall issue a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure on how best to 
     defend turbo and jet passenger aircraft from Man-Portable Air 
     Defense Systems (shoulder-fired missiles).
       (b) Issues To Be Addressed.--The report shall include an 
     analysis of--
       (1) actions taken to date, countermeasures, risk 
     mitigation, and other activities;
       (2) existing military countermeasure systems and how those 
     systems might be adapted to commercial aircraft applications;
       (3) means of reducing the costs of military countermeasure 
     systems by modifying them for use on commercial aircraft; and
       (4) the extent of the threat and the need for 
     countermeasures.
       (c) Report Format.--The report may be submitted in 
     classified form.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Homeland Security such sums as may be necessary to carry out 
     this Act and sections 44901(f), 44922, and 44923 of title 49, 
     United States Code, for fiscal years 2004 through 2008.

  Mr. WYDEN. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. WYDEN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BYRD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Voinovich). Without objection, it is so 
ordered.

                          ____________________