[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[Senate]
[Pages 8695-8700]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. AKAKA:
  S. 2390. A bill to amend the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) to establish a Geospatial Management Office within the 
Department of Homeland Security to establish and maintain geospatial 
preparedness for homeland security purposes; to the Committee on 
Governmental Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce the Homeland 
Security Geospatial Information Act of 2004 which would create a Geo-
spatial Management Office within the Department of Homeland Security 
(DHS). Geospatial information is a critical component of effective 
planning for homeland security.
  My interest in homeland security geospatial information developed out 
of my efforts to ensure support for pre-disaster mitigation programs, 
such as Project Impact. Project Impact was started by FEME in 1997 to 
help communities become disaster-resistant by preventing damage and 
loss of life and property during a disaster and reducing recovery time 
and costs afterwards.
  Geospatial technologies, such as satellite imagery and aerial 
photography, provide data that create the maps and charts that can help 
prevent a disaster from occurring or lessen the impact of an 
unforeseeable event by equipping first responders with up-to-date 
information. In the event of a terrorist chemical attack, knowing which 
way a contaminated plume will travel can save lives. Similarly, the 
damage of a natural disaster, such as wildfire, can be lessened by maps 
that help predict which areas will be in the path of the blaze.
  My own State of Hawaii is vulnerable to hurricanes, torrential rains 
and flooding, tsunamis, droughts, earthquakes, and even wildfires. Four 
years ago, flooding on the islands of Hawaii and Maui caused 
approximately $20 million in damage to private and public facilities. 
In order to predict floods more accurately, local officials need 
current, interoperable data on water levels and surrounding 
infrastructure so that accurate maps predicting the flow of water can 
be created on demand. Accurate maps are also critical for swift and 
safe evacuation procedures.
  All levels of government are more effective and efficient when 
employing geospatial technology, especially in the area of homeland 
security. Its uses include, but are not limited to: disaster early 
warning and mitigation, border monitoring, criminal investigations, 
public health protection, and critical infrastructure oversight.
  In the past, geospatial information management has been done in a 
piecemeal fashion. Domestic geospatial data procurement and sharing is 
poorly coordinated and managed. According to a 2003 study by Cary and 
Associates, a geotechnology consulting firm, the Federal Government 
spends $5 billion per year on geospatial goods and technologies. This 
figure does not include the amount being spent by State and local 
agencies, which some experts estimate is two to three times that of the 
Federal Government. It is also estimated that at least half of the 
government's geospatial spending is going towards redundant activities.
  During a House Government Reform hearing in June 2003, Mark Forman, 
then the Administrator of the Office of E-Government and Information 
Technology, admitted that the Office of Management and Budget had no 
idea how much money federal agencies spend on geospatial procurement.
  The Administration's current solution to this problem is Geospatial 
One-Stop, an online portal where organizations and individuals can 
access geospatial information developed by Federal, State, and local 
agencies. While Geospatial One-Stop is a good sharing tool, it helps to 
reduce government redundancy only if agencies voluntarily access data 
from it instead of procuring the data themselves. With no one keeping a 
close eye on an agency's geospatial spending, there is no incentive for 
it to utilize this tool.
  The legacy agencies that make up DHS had traditionally managed their 
own geospatial procurement. But many of the homeland and non-homeland 
security missions of DHS complement each other. Sharing maps and data 
reduces redundancy, provides savings, and ensures better information 
for disaster response.
  Currently, the DHS Chief Information Officer (CIO) is working to 
break down this geospatial stove piping within the Department by naming 
a Geospatial Information Officer. However, there is no single office in 
DHS officially responsible for geospatial management, and therefore, no 
corresponding budget. In the present structure, the Geospatial 
Information Officer does not have the authority to compel the five DHS 
directorates to cooperate with his efforts. The entire agency should 
make geospatial coordination a priority.
  A geospatial management office needs to be created and codified 
within DHS. A congressionally mandated office would give the Geospatial 
Information Officer more authority with which to do this job.
  The Office of Geospatial Management has the potential to 
significantly increase the quality of the resources homeland security 
officials rely on by reducing redundancy and improving the quality of 
geospatial procurement. But in order to do this it needs authority and 
funding.
  This office would also serve as a mechanism for coordinating with 
State and local authorities. Much of the geospatial information 
available today is created at the state and local levels. Centralizing 
this information will make it more widely available to first responders 
and other homeland security officials.
  The Homeland Security Geospatial Act of 2004, will address these 
needs by: creating the Office of Geospatial Management under the CIO; 
giving this office the responsibility for managing DHS geospatial 
activities and coordinating with State and local officials on 
geospatial initiatives that pertain to homeland security; and naming 
the Department as member of the Geospatial One-Stop Board of Directors, 
which will give DHS a role in coordinating federal geospatial 
activities.
  We can improve the Department's mission of protecting America, while 
maximizing the funds. I urge my colleagues to support this important 
legislation.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Graham of South Carolina):
  S. 2392. A bill to amend the Federal Election Campaign Act of 1971 to 
require candidates to stand by their printed and Internet advertising, 
and for other purposes; to the Committee on Rules and Administration.
  Mr. WYDEN. Mr. President, I rise today to introduce the ``Political 
Candidate Personal Responsibility Act,'' together with my colleague 
from South Carolina, Lindsey Graham. This bill would extend the 
successful model of the ``Stand By Your Ad'' provision--which requires 
candidates for Federal office to take explicit personal responsibility 
for TV and radio ads--to additional types of media, including the 
Internet, that today aren't covered.
  Although the elections of 2004 are still months away, the onslaught 
of political advertising has already begun.

[[Page 8696]]

As the election nears, with each passing day, political ads become more 
and more prevalent.
  But something is different this year. Two things, actually.
  First, as anyone who watches television has probably noticed, this 
year political ads feature a personal statement by the candidate saying 
``I'm so-and-so and I approved this message.'' The candidates are 
taking full personal responsibility, clearly and publicly, for the 
advertisements put out by their campaigns.
  This is the direct result of the ``Stand By Your Ad'' provisions 
included in the McCain-Feingold campaign reform law. As the author of 
the original ``Stand By Your Ad'' amendment, together with my good 
friend Senator Collins, I'm proud of the effect our new requirement is 
having on the tone of radio and TV campaign ads. Already, in the first 
election cycle where it applies, it's making a real difference.
  The reason is simple. The public is turned off by aggressively 
negative attack ads--and candidates know it. So when candidates have to 
associate themselves in a personal manner with their ads, they are 
going to be extra careful about the tone. A nasty or controversial 
attack can backfire, leading to negative perceptions of the candidate 
who approved it.
  In short, candidates are thinking twice about the tone of the ads 
they put on the air. Representatives of national, non-partisan campaign 
reform groups such as Common Cause, the Campaign Legal Center, 
Democracy 21, and the Center for Responsive Politics have all been 
quoted in the press as saying that there has been a noticeable shift 
away from the overly negative attack ads of the past.
  The second change this year is that Internet communications are 
coming into their own as a vehicle for political advertising. Americans 
are spending more time online--plus many now have Internet connections 
and computing power that enables them to view video that matches the 
quality of television. Political campaigns have taken note, and have 
made major strides in tapping into the tremendous potential of the 
Internet for reaching large numbers of people at low cost.
  According to press reports, the Presidential campaigns already have 
e-mailed links to campaign videos to literally millions of people. 
These Internet-based communications can spread like wildfire, because 
each recipient can easily forward them to others. Moreoever, Web videos 
often attract attention from the news media, so the message sometimes 
ends up getting carried on television as well.
  Political messages are also starting to appear on websites that carry 
banner or pop-up ads. It has been estimated that politicians will spend 
an estimated $25 million this year on online ads.
  The rise of Internet-based ads is not just a flash in the pan--it's a 
trend that is sure to continue.
  I have a long history of supporting the Internet, e-commerce, and 
Internet-based innovation. In politics as in so many other areas, the 
Internet brings exciting opportunities--in this case, to create new 
avenues for democratic dialogue and engagement in the political 
process.
  But I don't believe that the Internet should be allowed to become a 
vehicle for political candidates to sidestep existing campaign rules 
and engage in mudslinging without accountability.
  The problem is, the scope of the ``Stand By Your Ad'' provisions is 
limited. They only apply to television and radio ads. Internet 
communications are not covered. Nor are communications such as 
newspaper ads or mass mailings.
  Already, there are clear signs that highly negative ads are migrating 
to the Internet--in part because the ``Stand By Your Ad'' requirements 
don't apply there. Here are a few recent press headlines:
  ``Political Attack Ads Already Popping Up on the Web.''
  ``Presidential Ad War Hits the Web--Harsh Attacks Leveled Online, 
Where TV Rules Don't Apply.''
  ``Political Smears Thrive Online.''

  The ads these articles talk about aren't just ordinary text messages 
sent through e-mail or posted on a website. Often, they are full, 
professionally produced videos, equal in quality to anything you might 
see on TV--and therefore packing the same emotional impact as a well 
crafted TV ad. But instead of using broadcast, satellite, or cable, 
they are e-mailed to thousands or even millions of Internet users.
  So today, I am introducing the ``Political Candidate Personal 
Responsibility Act.'' You could also call it ``Stand By Your Ad II.'' 
The basic idea is that what works for TV and radio should work for 
other types of communications as well. Candidates wishing to distribute 
negative campaign materials via the Internet or the mail should be held 
just as accountable as they are now for ads they put on the air.
  Specifically, the bill would require that campaign communications 
such as audio or video ads transmitted over the Internet, newspaper 
ads, brochures, bulk mailings, bulk e-mail, and prerecorded telephone 
calls--if they mention another candidate for the same office--must 
carry a ``Stand By Your Ad'' disclaimer stating that the candidate 
personally approved the message. For Internet audio or video and 
prerecorded phone calls, the requirements would be identical to those 
that now apply to radio or television. For printed materials, whether 
paper or electronic, a picture of the candidate would be required to 
accompany the statement.
  I believe that forcing candidates to take personal responsibility 
also forces them to think long and hard about releasing the types of 
aggressive negative attacks that have been growing all too common 
during election seasons. This is important, because when people get 
turned off by the electoral process, voting and public involvement 
suffer. Decreasing the amount of negativity in our political campaigns 
may help reduce some of the cynicism about politics, and bring more 
people back into the process.
  I say to my colleagues, Stand By Your Ad is working. So let's take 
the next step and extend this success to campaign communications 
generally. Let's build on the good work we've already done in getting 
candidates to take responsibility for what they say.
  And yes, I'm Ron Wyden, and I stand by this statement.
  I ask unanimous consent that my statement and a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2392

       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 ``Political Candidate Personal 
     Responsibility Act of 2004''.

     SEC. 2. ADDITIONAL REQUIREMENTS FOR PUBLIC COMMUNICATIONS BY 
                   CANDIDATES FOR FEDERAL OFFICE.

       (a) Printed Media.--Section 318(c) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441d(c)) is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     including a printed communication that is transmitted through 
     the Internet,'' after ``subsection (a)'';
       (2) in paragraph (2), by striking ``and'' after the 
     semicolon at the end;
       (3) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following:
       ``(4) if the communication is described in paragraph (1) or 
     (2) of subsection (a) and makes any direct reference to 
     another candidate for the same office--
       ``(A) include a clearly identifiable photographic or 
     similar image of the candidate;
       ``(B) include a clearly readable printed statement 
     identifying the candidate and stating that the candidate has 
     approved the communication; and
       ``(C) occupy no less than 10 percent of the total area of 
     the communication.''.
       (b) Internet and Prerecorded Telephone Communications.--
       (1) Audio and video internet communications.--Section 
     318(d)(1) of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441d(d)(1)) is amended by adding at the end the 
     following:
       ``(C) By internet.--Any communication described in 
     paragraph (1) or (2) of subsection (a) which is transmitted 
     through the Internet and which makes any direct reference to 
     another candidate for the same office shall--

[[Page 8697]]

       ``(i) in the case of an audio communication, meet the 
     requirements applicable to communications transmitted through 
     radio under subparagraph (A); and
       ``(ii) in the case of a video communication, meet the 
     requirements applicable to communications transmitted through 
     television under subparagraph (B).''.
       (2) Prerecorded telephone communications.--Section 318 of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is 
     amended--
       (A) in subsection (a), by inserting ``telephone call which 
     consists in substantial part of a prerecorded audio message'' 
     after ``mailing,'' each place it appears in the matter 
     preceding paragraph (1); and
       (B) in subsection (d)(1), as amended by paragraph (1), by 
     adding at the end the following:
       ``(D) By prerecorded telephone call.--
       ``(i) In general.--Any communication described in paragraph 
     (1) or (2) of subsection (a) which is a telephone call which 
     consists in substantial part of a prerecorded audio message 
     and which makes any direct reference to another candidate for 
     the same office shall meet the requirements applicable to 
     communications transmitted through radio under subparagraph 
     (A).
       ``(ii) Exceptions.--The requirements of this subparagraph 
     shall not apply to a communication that is--

       ``(I) terminated by or at the request of the recipient of 
     the communication after less than 30 seconds; or
       ``(II) not initiated by the party making the 
     communication.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to communications made after the date that is 180 
     days after the date of enactment of this Act.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. McCain, and Mr. Hollings):
  S. 2393. A bill to improve aviation security; to the Committee on 
Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise today to introduce legislation 
that is intended to help the Transportation Security Administration 
(TSA) improve our Nation's aviation security system. All of us continue 
to have real concerns about our Nation's security given the threats 
that we face, and aviation continues to be a focus of those that want 
to do us harm.
  I, first, want to acknowledge the work of Senators McCain and 
Hollings. We all have spent a lot of time thinking about the problems 
of our aviation system, and the threats our country faces in today's 
environment. Their support and thoughts have enabled all of us to put 
together a better piece of legislation, and we share a common goal--a 
better, and more secure, aviation system.
  We began this process right after 9-11, but more needs to be done. 
Most of us understand that improvements have been made, but it has now 
been three years and we must complete the job. This bill, the Aviation 
Security Advancement Act, will move us further toward completion of 
this task.
  When terrorists hijacked airlines and used them as weapons of mass 
destruction against our nation, the American people saw firsthand that 
we were quite vulnerable to an unseen enemy, and that our way of life 
was threatened in a way it had never been before. National security 
immediately became the primary focus of our government, and many other 
private entities, as everyone understood that another failure of this 
magnitude would be a devastating blow to the country.
  In response to 9-11, Congress passed P.L. 107-71, the Aviation and 
Transportation Security Act or ATSA, which federalized the airport 
security screener workforce and required an expansive strengthening of 
aviation security in the U.S. As a frequent flier, I believe that the 
vast majority of travelers are confident in the new security regime and 
feel that we are much safer than we were under the system that existed 
before. This confidence is borne out through increasing passenger 
levels that are fast approaching those prior to the terror attacks in 
2001. With an increased volume of passenger flow and aircraft traffic 
will come further challenges for aviation security. The Aviation 
Security Advancement Act is intended to help TSA foster a higher level 
of security than currently exists and focus on additional tasks that 
need to be addressed in this rapidly changing environment.
  Yet I continue to be completely frustrated by the progress we are 
making with respect to screener effectiveness. Testimony before our 
Committee, public reports and recent editorials, all tell us that we 
can not rest until the effectiveness of screeners is improved. In 
addition, new technologies need to be deployed to help them do their 
jobs. We can not spend billions of dollars on a system and have it 
barely measure up to pre-9-11 days.
  The Aviation Security Advancement Act takes needed steps to bolster 
aviation security and provides TSA the financial and physical support 
needed to close numerous loopholes in the current security regime. In 
response to the increasing use of aviation by the traveling public, 
this legislation standardizes the Federal screener workforce and 
requires TSA make efforts to improve the efficiency of passenger 
screening to insure individuals are processed in a faster, more secure 
manner. To address shortcomings in cargo security, the bill would 
overhaul all-cargo aviation security by implementing recommendations 
developed by the Aviation Security Advisory Committee and by funding a 
new grant program to pursue technological improvements that will help 
secure freight on all-cargo and passenger aircraft. The bill also seeks 
to increase the efficiency of baggage screening by funding capital 
security projects at airports across the country, while providing money 
for the research and development of advanced screening machines, and 
mandating a schedule for in-line placement of Explosive Detection 
Systems rather than various alternative means now practiced at many 
airports.
  In addition, the bill would mandate improvements to a number of other 
sectors of aviation security where I feel more needs to be done. Among 
these efforts would be increased support for the Federal Air Marshal 
program, airport perimeter security, and intelligence information 
sharing. It also authorizes funding for TSA to develop a biometric 
center of excellence to focus on definitive identification of travelers 
and employees which I believe could have a dramatic impact on the speed 
of passenger screening while providing greater security for the entire 
system.
  It is clear that we need to take more action to improve the security 
of our skies. The Aviation Security Advancement Act will be a big step 
in the right direction. I appreciate the support of Senators McCain and 
Hollings and urge my colleagues to co-sponsor the bill so that we can 
move it through the Committee quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2393

       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 ``Aviation Security 
     Advancement Act''.

     SEC. 2. AVIATION SECURITY STAFFING.

       (a) Staffing Level Standards.--
       (1) Development of Standards.--Within 90 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of 
     Transportation and Federal Security Directors, shall develop 
     standards for determining the appropriate aviation security 
     staffing standards for all commercial airports in the United 
     States necessary--
       (A) to provide necessary levels of aviation security; and
       (B) to ensure that the average aviation security-related 
     delay experienced by airline passengers does not exceed 10 
     minutes.
       (2) GAO analysis.--The Comptroller General shall, as soon 
     as practicable after the date on which the Secretary of 
     Homeland Security has developed standards under paragraph 
     (1), conduct an expedited analysis of the standards for 
     effectiveness, administrability, ease of compliance, and 
     consistency with the requirements of existing law.
       (3) Report to congress.--Within 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Comptroller General shall transmit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on the standards developed under paragraph 
     (1), together with recommendations for further improving the 
     efficiency and effectiveness of the screening process.
       (b) Integration of Federal Airport Workforce and Aviation 
     Security.--The

[[Page 8698]]

     Secretary of Homeland Security shall conduct a study of the 
     feasibility of combining operations of Federal employees 
     involved in screening at commercial airports and aviation 
     security related functions under the aegis of the Department 
     of Homeland Security in order to coordinate security-related 
     activities, increase the efficiency and effectiveness of 
     those activities, and increase commercial air transportation 
     security.

     SEC. 3. IMPROVED AIR CARGO AND AIRPORT SECURITY.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Homeland Security for the use of the 
     Transportation Security Administration, in addition to any 
     amounts otherwise authorized by law, for the purpose of 
     improving aviation security related to the transportation of 
     cargo on both passenger aircraft and all-cargo aircraft--
       (1) $200,000,000 for fiscal year 2005;
       (2) $200,000,000 for fiscal year 2006; and
       (3) $200,000,000 for fiscal year 2007.
       (b) Next-generation Cargo Security Grant Program.--
       (1) In general.--The Secretary shall establish and carry 
     out a grant program to facilitate the development, testing, 
     purchase, and deployment of next-generation air cargo 
     security technology. The Secretary shall establish such 
     eligibility criteria, establish such application and 
     administrative procedures, and provide for such matching 
     funding requirements, if any, as may be necessary and 
     appropriate to ensure that the technology is deployed as 
     fully and as rapidly as practicable.
       (2) Research and development; Deployment.--To carry out 
     paragraph (1), there are authorized to be appropriated to the 
     Secretary for research and development related to next-
     generation air cargo security technology as well as for 
     deployment and installation of next-generation air cargo 
     security technology, such sums are to remain available until 
     expended--
       (A) $100,000,000 for fiscal year 2005;
       (B) $100,000,000 for fiscal year 2006; and
       (C) $100,000,000 for fiscal year 2007.
       (c) Authorization for Expiring and New Lois.--There are 
     authorized to be appropriated to the Secretary $150,000,000 
     for each of fiscal years 2005 through 2007 to fund projects 
     and activities for which letters of intent are issued under 
     section 44923 of title 49, United States Code, after the date 
     of enactment of this Act.
       (d) Reports.--The Secretary shall transmit periodic reports 
     no less frequently than every 6 months to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on--
       (1) the progress being made toward, and the status of, 
     deployment and installation of next-generation air cargo 
     security technology under subsection (b); and
       (2) the amount and purpose of grants under subsection (b) 
     and the locations of projects funded by such grants.

     SEC. 4. AIR CARGO SECURITY MEASURES.

       (a) Enhancement of Air Cargo Security.--The Secretary of 
     Homeland Security, in consultation with the Secretary of 
     Transportation, shall develop and implement a plan to enhance 
     air cargo security at airports for commercial passenger and 
     cargo aircraft that incorporates the recommendations made by 
     the Cargo Security Working Group of the Aviation Security 
     Advisory Committee.
       (b) Supply Chain Security.--The Administrator of the 
     Transportation Security Administration shall--
       (1) promulgate regulations requiring the evaluation of 
     indirect air carriers and ground handling agents, including 
     background checks and checks against all Administration watch 
     lists; and
       (2) evaluate the potential efficacy of increased use of 
     canine detection teams to inspect air cargo on passenger and 
     all-cargo aircraft.
       (c) All-cargo Aircraft Security.--Subchapter I of chapter 
     449, United States Code, is amended by adding at the end the 
     following:

     ``44925. All-cargo aircraft security

       ``(a) Access to Flight Deck.--Within 180 days after the 
     date of enactment of this Act, the Administrator of the 
     Transportation Security Administration, in coordination with 
     the Federal Aviation Administrator, shall--
       ``(1) issue an order (without regard to the provisions of 
     chapter 5 of title 5)--
       ``(A) requiring, to the extent consistent with engineering 
     and safety standards, that allcargo aircraft operators 
     engaged in air transportation or intrastate air 
     transportation maintain a barrier, which may include the use 
     of a hardened cockpit door, between the aircraft flight deck 
     and the aircraft cargo compartment sufficient to prevent 
     unauthorized access to the flight deck from the cargo 
     compartment, in accordance with the terms of a plan presented 
     to and accepted by the Administrator of the Transportation 
     Security Administration in consultation with the Federal 
     Aviation Administrator; and
       ``(B) prohibiting the possession of a key to a flight deck 
     door by any member of the flight crew who is not assigned to 
     the flight deck; and
       ``(2) take such other action, including modification of 
     safety and security procedures and flight deck redesign, as 
     may be necessary to ensure the safety and security of the 
     flight deck.
       ``(b) Screening and Other Measures.--Within 1 year after 
     the date of enactment of this Act, the Administrator of the 
     Transportation Security Administration, in coordination with 
     the Federal Aviation Administrator, shall issue an order 
     (without regard to the provisions of chapter 5 of title 5) 
     requiring--
       ``(1) all-cargo aircraft operators engaged in air 
     transportation or intrastate air transportation to physically 
     screen each person, and that person's baggage and personal 
     effects, to be transported on an all-cargo aircraft engaged 
     in air, transportation or intrastate air transportation;
       ``(2) each such aircraft to be physically searched before 
     the first leg of the first flight of the aircraft each day, 
     or, for inbound international operations, at aircraft 
     operator's option prior to the departure of any such flight 
     for a point in the United States; and
       ``(3) each such aircraft that is unattended overnight to be 
     secured or sealed or to have access stairs, if any, removed 
     from the aircraft.
       ``(c) Alternative Measures.--The Administrator of the 
     Transportation Security Administration, in coordination with 
     the Federal Aviation Administrator, may authorize alternative 
     means of compliance with any requirement imposed under this 
     section.''.
       (d) Conforming Amendment.--The subchapter analysis for 
     subchapter I of chapter 449, United States Code, is amended 
     by adding at the end the following:

``44925. All-cargo aircraft security''.

     SEC. 5. EXPLOSIVE DETECTION SYSTEMS.

       (a) In-line Placement of Explosive-detection Equipment.--
     Within 180 days after the date of enactment of this Act, the 
     Secretary of Homeland Security shall establish a schedule for 
     replacing trace-detection equipment used for in-line baggage 
     screening purposes as soon as practicable with explosive 
     detection system equipment. The Secretary shall notify the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure of the schedule and provide an estimate of the 
     impact of replacing such equipment, facility modification and 
     baggage conveyor placement, on aviation security-related 
     staffing needs and levels.
       (b) Next Generation EDS.--There are authorized to be 
     appropriated to the Secretary of Homeland Security for the 
     use of the Transportation Security Administration 
     $100,000,000, in addition to any amounts otherwise authorized 
     by law, for the purpose of research and development of next 
     generation explosive detection systems for aviation security 
     under section 44913 of title 49, United States Code. The 
     Secretary shall develop a plan and guidelines for 
     implementing improved explosive detection system equipment.
       (c) Portal Detection Systems.--There are au thorized to be 
     appropriated to the Secretary of Homeland Security for the 
     use of the Transportation Security Administration 
     $250,000,000, in addition to any amounts otherwise authorized 
     by law, for research and development and installation of 
     portal detection systems or similar devices for the detection 
     of biological, radiological, and explosive materials. The 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Transportation, shall establish a pilot program 
     at not more than 10 commercial service airports to evaluate 
     the use of such systems.
       (d) Reports.--The Secretary shall transmit periodic reports 
     no less frequently than every 6 months to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on research and development projects funded 
     under subsection (b) or (c), and the pilot program 
     established under subsection (c), including cost estimates 
     for each phase of such projects and total project costs.

     SEC. 6. AIR MARSHAL PROGRAM.

       (a) Cross-training.--The Secretary of Homeland Security 
     shall transmit to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Rep resentatives 
     Committee on Transportation and Infrastructure a report on 
     the potential for cross-training of individuals who serve as 
     air marshals and on the need for providing contingency 
     funding for air marshal operations.
       (b) Authorization of Additional Appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security for the use of the Transportation Security 
     Administration, in addition to any amounts otherwise 
     authorized by law, for the deployment of Federal Air Marshals 
     under section 44917 of title 49, United States Code, 
     $83,000,000 for the 3 fiscal year period beginning with 
     fiscal year 2005, such sums to remain available until 
     expended.

     SEC. 7. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.

       Within 90 days after the date of enactment of this Act, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Transportation, shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report on the present system

[[Page 8699]]

     for addressing lost, stolen, damaged, or pilfered baggage 
     claims relating to air transportation security screening 
     procedures. The report shall include--
       (1) information concerning the time it takes to settle such 
     claims under the present system;
       (2) a comparison and analysis of the number, frequency, and 
     nature of such claims before and after enactment of the 
     Aviation and Transportation Security Act using data provided 
     by the major United States airlines; and
       (3) recommendations on how to improve the involvement and 
     participation of the airlines in the baggage screening and 
     handling processes and better coordinate the activities of 
     Federal baggage screeners with airline operations.

     SEC. 8. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY 
                   INFORMATION SHARING RECOMMENDATIONS.

       Within 30 days after the date of enactment of this Act, the 
     Secretary of Homeland Security, after consultation with the 
     heads of Federal departments and agencies concerned, shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure a report on implementation 
     of recommendations contained in the General Accounting 
     Office's report titled ``Homeland Security: Efforts To 
     Improve Information Sharing Need To Be Strengthened'' (GAO-
     03-760), August, 2003.

     SEC. 9. AVIATION SECURITY RESEARCH AND DEVELOPMENT.

       (a) Biometrics.--There are authorized to be appropriated to 
     the Secretary of Homeland Security for the use of the 
     Transportation Security Administration $20,000,000, in 
     addition to any amounts otherwise authorized by law, for 
     research and development of biometric technology applications 
     to aviation security.
       (b) Biometrics Centers of Excellence.--There are authorized 
     to be appropriated to the Secretary of Homeland Security for 
     the use of the Transportation Se curity Administration 
     $1,000,000, in addition to any amounts otherwise authorized 
     by law, for the establishment of competitive centers of 
     excellence at the national laboratories.

     SEC. 10. PERIMETER ACCESS TECHNOLOGY.

       There are authorized to be appropriated to the Secretary of 
     Homeland Security $100,000,000 for airport perimeter security 
     technology, fencing, security contracts, vehicle tagging, and 
     other perimeter security related operations, facilities, and 
     equipment, such sums to remain available until expended.
                                 ______
                                 
      By Mr. BROWNBACK (for himself, Mr. Campbell, and Mr. Inouye):
  S.J. Res. 37. A bill to acknowledge a long history of official 
depredations and ill-conceived policies by the United States Government 
regarding Indian Tribes and offer an apology to all Native Peoples on 
behalf of the United States; to the Committee on Indian Affairs.
  Mr. BROWNBACK. Mr. President, I rise today to introduce before this 
body a joint resolution that seeks to address an issue that has long 
lain unresolved. That issue is our Nation's relationship with the 
Native peoples of this land.
  Long before 1776 and the establishment of the United States of 
America, this land was inhabited by numerous nations. Like our Nation, 
many of these peoples held a strong belief in the Creator and 
maintained a powerful spiritual connection to this land. Since the 
formation of the American Republic, there have most certainly been 
numerous conflicts between our Government and many of these Tribes--
conflicts in which warriors on all sides fought courageously and in 
which all sides suffered. However, even from the earliest days of the 
Republic, there existed a sentiment that honorable dealings and 
peaceful coexistence were preferable to bloodshed. Indeed, our 
predecessors in Congress in 1787 stated in the Northwest Ordinance, 
``The utmost good faith shall always be observed toward the Indians.''
  Many treaties were made between this Republic and the American Indian 
Tribes. Treaties, as my colleagues in this Chamber know, are far more 
than words in a page. Treaties are our word, our bond. Treaties with 
other governments are not to be treated lightly. Unfortunately, too 
often the United States of America did not uphold its responsibilities 
as stated in its covenants with the Native American Tribes. Too often, 
our Government broke its oaths to the Native peoples.
  I want my fellow Senators to know that this resolution does not 
dismiss the valiance of our American soldiers who bravely fought for 
their families in wars between the United States and different Indian 
Tribes. Nor does this resolution cast all the blame for the various 
battles on one side or another. What this resolution does do is 
recognize and honor the importance of Native Americans to this land and 
to our Nation--in the past and today--and offers an official apology to 
the Native peoples for the poor and painful choices our Government 
sometimes made to disregard its solemn word.
  This is a resolution of apology and a resolution of reconciliation. 
It is a first step toward healing the wounds that have divided us for 
so long--a potential foundation for a new era of positive relations 
between Tribal governments and the Federal Government. It is time--it 
is past time--for us to heal our land of division, all divisions, and 
bring us together as one people.
  Before reconciliation, there must be recognition and repentance. 
Before there is a durable relationship, there must be understanding. 
This resolution will not authorize or serve as a settlement of any 
claim against the United States, nor will it resolve the many 
challenges still facing the Native peoples. But it does recognize the 
negative impact of numerous deleterious Federal acts and policies on 
Native Americans and their cultures.
  Moreover, it begins the effort of reconciliation by recognizing the 
past wrongs and repenting for them.
  Martin Luther King, a true reconciler, once said, ``The end is 
reconciliation, the end is redemption, the end is the creation of the 
beloved community.'' This resolution is not the end. But, perhaps it 
signals the beginning of the end of division and the faint first light 
and first fruits of the creation of beloved community.
  I have worked with the chairman and ranking member of the Indian 
Affairs Committee, Senator Campbell and Senator Inouye, in the crafting 
of this resolution, I also reached out to the Native Tribes as this 
bill was being formed, and I continue to receive helpful and supportive 
feedback. I ask that my colleagues in this Chamber, and those in the 
House of Representatives, join together in support of this important 
resolution.
  I ask unanimous consent that the text of the joint resolution be 
printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 37

       To acknowledge a long history of official depredations and 
     ill-conceived policies by the United States Government 
     regarding Indian Tribes and offer an apology to all Native 
     Peoples on behalf of the United States.
       Whereas the ancestors of today's Native Peoples inhabited 
     the land of the present-day United States since time 
     immemorial and for thousands of years before the arrival of 
     peoples of European descent;
       Whereas the Native Peoples have for millennia honored, 
     protected, and stewarded this land we cherish;
       Whereas the Native Peoples are spiritual peoples with a 
     deep and abiding belief in the Creator, and for millennia 
     their peoples have maintained a powerful spiritual connection 
     to this land, as is evidenced by their customs and legends;
       Whereas the arrival of Europeans in North America opened a 
     new chapter in the histories of the Native Peoples;
       Whereas, while establishment of permanent European 
     settlements in North America did stir conflict with nearby 
     Indian Tribes, peaceful and mutually beneficial interactions 
     also took place;
       Whereas the foundational English settlements in Jamestown, 
     Virginia, and Plymouth, Massachusetts, owed their survival in 
     large measure to the compassion and aid of the Native Peoples 
     in their vicinities;
       Whereas in the infancy of the United States, the founders 
     of the Republic expressed their desire for a just 
     relationship with the Indian Tribes, as evidenced by the 
     Northwest Ordinance enacted by Congress in 1787, which begins 
     with the phrase, ``The utmost good faith shall always be 
     observed toward the Indians'';
       Whereas Indian Tribes provided great assistance to the 
     fledgling Republic as it strengthened and grew, including 
     invaluable help to Meriwether Lewis and William Clark on 
     their epic journey from St. Louis, Missouri, to the Pacific 
     Coast;
       Whereas Native Peoples and non-Native settlers engaged in 
     numerous armed conflicts;
       Whereas the United States Government violated many of the 
     treaties ratified by Congress and other diplomatic agreements 
     with Indian Tribes;
       Whereas this Nation should address the broken treaties and 
     many of the more ill-

[[Page 8700]]

     conceived Federal policies that followed, such as 
     extermination, termination, forced removal and relocation, 
     the outlawing of traditional religions, and the destruction 
     of sacred places;
       Whereas the United States forced Indian Tribes and their 
     citizens to move away from their traditional homelands and 
     onto federally established and controlled reservations, in 
     accordance with such Acts as the Indian Removal Act of 1830;
       Whereas many Native Peoples suffered and perished--
       (1) during the execution of the official United States 
     Government policy of forced removal, including the infamous 
     Trail of Tears and Long Walk;
       (2) during bloody armed confrontations and massacres, such 
     as the Sand Creek Massacre in 1864 and the Wounded Knee 
     Massacre in 1890; and
       (3) on numerous Indian reservations;
       Whereas the United States Government condemned the 
     traditions, beliefs, and customs of the Native Peoples and 
     endeavored to assimilate them by such policies as the 
     redistribution of land under the General Allotment Act of 
     1887 and the forcible removal of Native children from their 
     families to faraway boarding schools where their Native 
     practices and languages were degraded and forbidden;
       Whereas officials of the United States Government and 
     private United States citizens harmed Native Peoples by the 
     unlawful acquisition of recognized Tribal land, the theft of 
     resources from such territories, and the mismanagement of 
     Tribal trust funds;
       Whereas the policies of the United States Government toward 
     Indian Tribes and the breaking of covenants with Indian 
     Tribes have contributed to the severe social ills and 
     economic troubles in many Native communities today;
       Whereas, despite continuing maltreatment of Native Peoples 
     by the United States, the Native Peoples have remained 
     committed to the protection of this great land, as evidenced 
     by the fact that, on a per capita basis, more Native people 
     have served in the United States Armed Forces and placed 
     themselves in harm's way in defense of the United States in 
     every major military conflict than any other ethnic group;
       Whereas Indian Tribes have actively influenced the public 
     life of the United States by continued cooperation with 
     Congress and the Department of the Interior, through the 
     involvement of Native individuals in official United States 
     Government positions, and by leadership of their own 
     sovereign Indian Tribes;
       Whereas Indian Tribes are resilient and determined to 
     preserve, develop, and transmit to future generations their 
     unique cultural identities;
       Whereas the National Museum of the American Indian was 
     established within the Smithsonian Institution as a living 
     memorial to the Native Peoples and their traditions; and
       Whereas Native Peoples are endowed by their Creator with 
     certain unalienable rights, and that among those are life, 
     liberty, and the pursuit of happiness: Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. ACKNOWLEDGMENT AND APOLOGY.

     The United States, acting through Congress--
       (1) recognizes the special legal and political relationship 
     the Indian Tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors the Native Peoples for the 
     thousands of years that they have stewarded and protected 
     this land;
       (3) acknowledges years of official depredations, ill-
     conceived policies, and the breaking of covenants by the 
     United States Government regarding Indian Tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     offenses and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the offenses of the 
     United States against Indian Tribes in the history of the 
     United States in order to bring healing to this land by 
     providing a proper foundation for reconciliation between the 
     United States and Indian Tribes; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian Tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian Tribes within their boundaries.

     SEC. 2. DISCLAIMER.

       Nothing in this Joint Resolution authorizes any claim 
     against the United States or serves as a settlement of any 
     claim against the United States.

                          ____________________