[Senate Report 108-417]
[From the U.S. Government Publishing Office]
108th Congress
2d Session SENATE Report
108-417
_______________________________________________________________________
Calendar No. 808
AVIATION SECURITY ADVANCEMENT ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2393
November 19, 2004.--Ordered to be printed
?
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Rob Freeman, Deputy Staff Director
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
(ii)
Calendar No. 808
108th Congress Report
SENATE
2d Session 108-417
======================================================================
AVIATION SECURITY ADVANCEMENT ACT
_______
November 19, 2004.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2393]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2393) to improve aviation
security, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The Aviation Security Advancement Act, S. 2393, as reported,
seeks to improve the current system of aviation security. It
increases the efficiency of the national air transportation
system by addressing security screener workforce staffing,
cargo and general aviation security, baggage screening, airport
perimeter security, and other key matters.
Background and Needs
After the terrorist attacks of September 11, 2001 (known as
9/11), Congress acted quickly to pass the Aviation and
Transportation Security Act (ATSA, P.L. 107-71). President Bush
signed ATSA into law on November 19, 2001, and the
Transportation Security Administration (TSA) was created as a
result. TSA took control over all aspects of transportation
security. The following year, on November 25, 2002, Congress
passed the Homeland Security Act of 2002 (P.L. 107-296), that
created the Department of Homeland Security (DHS) into which
TSA was merged.
During the 108th Congress, Congress focused on reauthorizing
the programs of the Federal Aviation Administration (FAA) and
enacted Vision 100--Century of Aviation Reauthorization Act
(P.L. 108-176) which was signed into law by President Bush on
December 12, 2003. Vision 100 adopted a number of additional
civil aviation security requirements aimed at improving
aviation security beyond the steps taken in ATSA. Included in
the legislation were provisions to strengthen flight crew
training, improve passenger prescreening programs, and provide
increased funding for airport security improvement projects
through the creation of an Aviation Security Capital Fund.
Following passage of Vision 100, Senator Rockefeller
developed S. 2393, the Aviation Security Advancement Act, in an
effort to assess the progress made by TSA since 9/11. S. 2393
was introduced by Senators Rockefeller, McCain and Hollings on
May 6, 2004, and the Commerce Committee held a hearing on June
22, 2004, to review efforts by TSA to strengthen aviation
security and to consider additional measures to defend the
nation's air transportation system. S. 2393 is designed to
address potential loopholes that remained in the system
regarding passenger screening, air cargo security, baggage
screening, and other portions of the aviation security system
that need improvement.
While Congress examined ways to make additional improvements
to the current aviation security regime, the independent, bi-
partisan National Commission on Terrorist Attacks Upon the
United States (9/11 Commission) completed its work that
provided the most complete account of the circumstances
surrounding the 9/11 terrorist attacks. On July 22, 2004, the
9/11 Commission released its final report which included
general and specific recommendations designed to guard against
future attacks, and generally notes a number of shortcomings in
the current state of transportation security in the U.S. Chief
among the Commission's concerns is that the TSA had not
developed an integrated strategic plan for the aviation
transportation sector nor specific plans for the various modes:
air, sea, and land. The Commission identified this lack of
preparedness as a major concern when faced with a U.S.
transportation system of such size and magnitude that it is
virtually impossible to completely secure from terrorist
attack. The report also concluded that major vulnerabilities
still exist in cargo and general aviation, and that while
aviation still remains a possible target, terrorists could turn
their attention to other modes of transportation where
opportunities to do harm are as great if not greater.
More specifically, the 9/11 Commission's final report focused
on three major recommendations in developing a strategy for
aviation and transportation security. The first recommendation
details the inadequacy of the general system of planning for
transportation security, and the latter two recommendations
focus on the aviation security issues of passenger and baggage
screening. Senator McCain worked with Senator Lieberman to
develop legislation that incorporated the three main
recommendations of the Commission and introduced S. 2774, the
9/11 Commission Report Implementation Act of 2004, on September
7, 2004. S. 2774 requires a national strategy for
transportation security, improves procedures aimed at
identifying terrorists and their associates by assigning
responsibility of the ``no-fly list'' to TSA, and enhances
passenger and cargo screening by promoting the use of advanced
technology to improve such screening.
S. 2393, as reported, takes further steps to strengthen both
cargo and general aviation security which were identified by
the 9/11 report as areas where ``major vulnerabilities still
exist'' in the air transportation system. Regarding general
aviation, the bill would require the development of uniform
pilot licenses that are tamper resistant with photographic
identification and the capability to accommodate biometric
identifiers. It also provides aircraft charter and rental
operators the ability to provide DHS the names of potential
customers to cross-check suspect individuals against terrorist
watchlists. On cargo matters, the bill increases funding for
all-cargo aviation security and promotes the use of improved
technology for cargo screening.
In addition, most of the major deadlines and requirements of
ATSA have now been met, and TSA and Congress have had an
appropriate opportunity to assess the agency's capabilities and
the areas where there are shortcomings. A consistent concern
regarding the TSA's mission has been whether the agency has
been properly funded at a level needed to provide the necessary
amount of protection for the nation's aviation network. S. 2393
takes steps to increase funding and undertake other actions to
strengthen many existing programs that have been fundamental to
TSA's efforts to develop the strongest aviation security regime
possible. Screener staffing standards required by the bill
would standardize and promote more effective screening at the
nation's commercial airports. Letters of Intent (LOIs) to fund
priority capital security projects at airports would be
authorized at a higher level. A schedule for the placement of
in-line Explosive Detection Systems (EDS) to increase the
efficiency of baggage screening is likewise mandated by this
legislation. The Committee, recognizing the benefits of more
thorough screening of all airline passengers before boarding,
supports the development of next generation Backscatter body
imaging systems to provide comprehensive screening of airline
passengers for both metal weapons and explosive devices. This
bill provides funding to explore the benefits of such
technology.
S. 2393 also contains a number of provisions to bolster the
existing aviation security system including: increased support
for the Federal Air Marshal (FAM) program; encouragement to
improve intelligence information sharing with State and local
entities; advancement of biometric technology for precise
identification of workers and travelers; increased funding to
support improvement of airport perimeter security; revision of
TSA's prohibited items list to include butane lighters;
assistance to commercial airports in using security cameras to
monitor baggage handling areas; and detailed reports on the
threat to aviation security of man-portable air defense systems
(MANPADS) and chemical and biological explosives.
Summary of Provisions
S. 2393 requires the FAA to establish new, standardized
pilots licenses that are tamper resistant, include a photograph
of the individual, and are capable of accommodating a biometric
identifier.
The bill mandates that DHS develop procedures so aircraft
charter and rental operations can provide TSA the names of
potential customers to check against terrorist watchlists.
Those identified as a flight security risk by TSA are
prohibited from boarding aircraft, and privacy safeguards are
required to protect the civil rights of all individuals being
screened.
S. 2393 directs DHS to develop standards for determining
aviation security staffing levels necessary to provide
appropriate aviation security for all U.S. commercial airports,
and to ensure that the average aviation security-related delay
experienced by airline passengers is minimized.
S. 2393 authorizes appropriations for improving aviation
security related to the transportation of cargo on both
passenger aircraft and all-cargo aircraft. It establishes a
grant program to develop, test, purchase, and deploy next-
generation air cargo security technology. Authorizes
appropriations for: (1) research in, development, and
deployment of such technology; and (2) projects and activities
for which airport security improvement project letters of
intent have been issued.
The legislation requires DHS to develop a plan to enhance air
cargo security at airports for commercial passenger and cargo
aircraft (including supply chain security).
S. 2393 directs TSA to issue an order: (1) requiring all-
cargo aircraft operators to maintain a barrier (including use
of a hardened cockpit door) between the aircraft flight deck
and the aircraft cargo compartment sufficient to prevent
unauthorized access; and (2) prohibiting the possession of a
flight deck door key to any flight crew member not assigned to
the flight deck.
In addition, S. 2393 mandates the physical screening of each
air passenger and their baggage on all-cargo aircraft, as well
as a physical search of the aircraft each day and securing,
sealing, or removal of access to aircraft unattended overnight.
It also requires a doubling of cargo inspections on passenger
aircraft.
S. 2393 directs DHS to establish a schedule for replacing
trace-detection equipment used for in-line baggage screening
with explosive detection system equipment at airports.
The bill authorizes appropriations for: (1) next generation
explosive detection systems; (2) installation of portal
detection systems at airports to detect biological,
radiological, and explosive materials; (3) the deployment of
Federal Air Marshals; (4) research and development of biometric
technology applications to aviation security; (5) establishment
of competitive centers of excellence at the national
laboratories; (6) airport perimeter security technology; (7)
improved pilot licenses; (8) aircraft charter and rental
screening; and (9) security monitoring cameras for airport
baggage handling areas.
S. 2393 requires that air carriers offer bereavement fares to
the public to the greatest extent practicable, at the lowest
fare offered by the carrier for the flight requested when
flying in connection with the death of a relative or other
relationships as determined by the air carrier.
The legislation directs TSA to modify the prohibited items
list to prohibit air carrier passengers from carrying butane
lighters onboard any aircraft.
In addition, S. 2393 requires the Secretary to report to
specified congressional committees on: (1) the air marshal
program; (2) certain TSA-related baggage claim issues; (3)
implementation of Government Accounting Office (GAO) homeland
security information sharing recommendations; (4) protecting
commercial aircraft from the threat of man-portable air defense
systems (MANPADS); (5) the status of efforts and needs
regarding the use of passenger checkpoint screening equipment
to detect chemical and plastic explosives; and (6) on the
number of individuals serving as FAMs with background on hiring
practices. The FAM report is to be submitted in classified form
with a new submission required every 90 days.
S. 2393 includes a provision under which no other law or
policy shall expose the identity of a FAM to anyone other than
those designated by DHS.
S. 2393 also requires DHS to provide assistance to commercial
airports for the acquisition and installation of security
monitoring cameras for surveillance of baggage areas in order
to deter theft and promote timely resolution of liability
claims against TSA.
Legislative History
S. 2393 was introduced by Senators Rockefeller, McCain and
Hollings on May 6, 2004, and was referred to the Senate
Committee on Commerce, Science, and Transportation. Cosponsors
of the measure include Senators Snowe, Lautenberg and Bill
Nelson. On June 22, 2004, the Senate Commerce Committee held a
hearing on the issue of aviation security and examined the
contents of the bill.
On September 22, 2004, the Senate Committee on Commerce,
Science, and Transportation met in Executive Session to
consider S. 2393. At that time, Senator Rockefeller offered a
manager's amendment that included general aviation security
provisions in addition to addressing a number of other security
issues. Provisions by Senator Boxer in the manager's amendment
included: protecting the identity of air marshals; requiring
quarterly reports on the make up of the air marshal workforce;
requiring a report on chemical and biological explosive
screening; and requiring a report on the threat of man-portable
air defense systems. The amendment also had a provision from
Senators Dorgan and Wyden to put butane lighters on the TSA's
prohibited items list, a provision from Senator Snowe to
increase cargo inspections on passenger aircraft by two-fold, a
provision from Senator Breaux to require air carriers offer
bereavement fares, and a provision from Senator Lautenberg to
promote the use of security cameras in airport baggage handling
areas. The manager's amendment was accepted by voice vote and
S. 2393 was subsequently passed out of Committee unanimously.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2393--Aviation Security Advancement Act
Summary: S. 2393 would authorize funding over the 2005-2009
period for new and existing aviation security programs
administered by the Transportation Security Administration
(TSA) and the Federal Aviation Administration (FAA). CBO
estimates that implementing S. 2393 would cost $2.3 billion
over the next five years, assuming appropriation of the amounts
specified and estimated to be necessary. Enacting the bill
would not affect direct spending or revenues.
S. 2393 would authorize the appropriation of more than $1.8
billion for TSA to improve airport and cargo security through
grants, demonstration projects, and research and development
funding. In addition, the bill would direct TSA to screen
passenger lists of charter and rental aircraft, increase
inspections of air cargo, purchase and install security cameras
in certain baggage handling areas of airports, and set
standards for appropriate staffing levels for airport security.
CBO estimates that those additional requirements would cost
almost $350 million over the 2005-2009 period. Finally, the
bill would authorize the appropriation of $50 million for the
FAA to develop a system for issuing pilot's licenses that are
tamper proof and secure and $83 million for the deployment of
additional federal air marshals.
S. 2393 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
S. 2393 would impose private-sector mandates as defined in
UMRA on U.S. and foreign air carriers, all-cargo aircraft
operators and their flight crews, and airline passengers. CBO
expects that the aggregate direct costs to comply with those
mandates would not exceed the annual threshold established by
UMRA for private-sector mandates ($120 million in 2004,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2393 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2005 2006 2007 2008 2009
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Improvements to Airport and Cargo Security:
Authorization Level....................................... 921 450 450 0 0
Estimated Outlays......................................... 644 659 450 68 0
Passenger and Cargo Screening:
Estimated Authorization Level............................. 215 33 34 35 36
Estimated Outlays......................................... 150 93 34 35 36
Pilot License System:
Authorization Level....................................... 50 0 0 0 0
Estimated Outlays......................................... 40 10 0 0 0
Standards for Security Staffing Levels:
Estimated Authorization Level............................. 4 0 0 0 0
Estimated Outlays......................................... 2 2 0 0 0
Air Marshal Deployment:
Authorization Level....................................... 20 31 32 0 0
Estimated Outlays......................................... 15 28 31 6 3
Total Changes:
Estimated Authorization Level............................. 1,210 514 516 35 36
Estimated Outlays......................................... 851 792 515 109 39
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2393 will be enacted early in fiscal year 2005 and that
necessary funds will be provided near the start of each fiscal
year. Estimates of outlays are based on historical spending
patterns for affected programs.
Improvements to Airport and Cargo Security
S. 2393 would authorize the appropriation of $1.8 billion
over the 2005-2007 period for TSA to make physical and
technological improvements in airport and cargo security. Of
that amount, section 6 would authorize the appropriations of
over $1.3 billion for demonstration projects, grants to
research and develop next-generation technology for screening
and tracking passengers and baggage, and security improvement
projects authorized by the Vision 100-Century of Aviation
Reauthorization Act. The bill also would authorize the
appropriation of $350 million to develop explosive, chemical,
and radiological detection systems, $100 million to protect the
perimeter of airports, and $21 million to research and develop
biometric technology to verify the identity of airport and air
carrier staff.
Passenger and Cargo Screening
CBO estimates that implementing passenger and cargo
screening provisions of S. 2393 would cost nearly $350 million
over the next five years.
Section 19 would authorize TSA to help airports to install
security cameras in baggage handling areas that are not open to
public view. Based on information from TSA, CBO estimates that
installing the cameras in 450 airports would cost almost $180
million.
Sections 3 and 4 would require TSA to review the passenger
lists of all charter and rental aircraft when requested by the
aircraft owner or operator. The agency would compare
information about the passengers and crew of specific flights
with information from a database containing known or suspected
terrorists and their associates. Under the bill, TSA could
ground a flight if it is determined to be a security risk. The
number of passengers on charter and rental aircraft is unknown.
Further, CBO expects that many operators of charter or rental
aircraft, particularly operators who do not require advance
reservations (e.g., sightseeing tours) or operators who serve
frequent customers (e.g., sports teams) would not request TSA
screening because of potential delays. For this estimate, CBO
assumes that TSA would screen around 10 million passenger
records per year for operators of charter and rental aircraft.
Based on information from TSA, we estimate that the additional
passenger screening would cost about $12 million in 2005 and
nearly $90 million over the 2005-2009 period.
Within one year of the bill's enactment, section 7 would
require TSA to at least double the volume of cargo that is
currently screened or inspected for passenger aircraft. Air
carrier operators screen cargo on passenger flights, subject to
TSA requirements. The agency provides regulatory oversight of
the air carriers' work through its dedicated cargo inspectors.
In addition, the bill would instruct TSA to require
evaluations and background checks of employees that ship,
forward, and handle cargo. Based on information from TSA, CBO
estimates that the agency would need 100 additional inspectors
to monitor cargo screening at a cost of $14 million in 2005 and
about $80 million over the next five years.
Other Provisions
Several additional provisions of S. 2393 would add over
$137 million to the bill's cost over the 2005-2009 period.
Section 2 would authorize the appropriation of $50
million for the FAA to create a system to issue pilot's
licenses that are secure and include unique biometric or other
information. The funds would likely be spent over the next two
years.
Section 5 would require TSA to set standards for
determining the appropriate level of security staffing at
commercial airports and to study the possibility of combining
the screening and security-related functions of federal
employees stationed at airports. Based on information from TSA,
CBO estimates that this work would cost about $4 million over
the next two years.
Section 9 would authorize the appropriation of $83
million for the deployment of additional federal air marshals
over the next three years.
S. 2393 would require the preparation of several
studies and reports, including an analysis of TSA's standards
for security staffing levels by the Government Accountability
Office (GAO), a report by the Department of Homeland Security
(DHS) on its implementation of GAO recommendations on
information sharing, and a report on protecting commercial
aircraft from the threat of Man-Portable Air Defense Systems
(MANPADS). Investigation of those issues by TSA, GAO, and DHS
is already under way, and CBO expects that the cost of the new
reporting requirements under S. 2393 would be negligible.
Estimate impact on state, local, and tribal governments: S.
2393 contains no intergovernmental mandates as defined in the
UMRA and would impose no costs on state, local, or tribal
governments.
Estimated impact on the private sector: S. 2293 would
impose private-sector mandates as defined in UMRA on U.S. and
foreign air carriers, all-cargo aircraft operators and their
flight crews, and airline passengers. CBO expects that the
aggregate direct costs to comply with those mandates would not
exceed the annual threshold established by UMRA for private-
sector mandates ($120 million in 2004, adjusted annually for
inflation).
Bereavement Fares
All air carriers would be required to offer bereavement
fares to the public for air transportation in connection with
the death of a relative at the lowest fare offered by the air
carrier for the flight for which the bereavement fare is
requested. According to industry and government
representatives, bereavement fares are currently offered
voluntarily by many of the major air carriers at fares
determined by the air carrier. Air carriers would manage the
bereavement fare requirement in the most cost-effective way
possible. The bill would allow air carriers some flexibility in
determining who would qualify for the fare, the appropriate
documentation, and the lowest feasible fare. The direct cost to
comply with the mandate would vary depending on the rules and
regulations to be developed after enactment.
Passenger Air Carrier Security
The bill would require U.S. and foreign air carriers to at
least double the volume of property that is screened or
inspected within one year of enactment. The bill defines
property as mail, cargo, and other articles carried aboard a
passenger aircraft. Based on information from TSA and industry
representatives, CBO expects the direct cost for air carriers
to comply with the mandate could be substantial but not large
enough to make the aggregate costs of the mandates in the bill
exceed the annual threshold.
The bill also would prohibit passengers from carrying
butane lighters onboard passenger aircraft. CBO expects that
the direct cost to comply with the mandate would be minimal, if
any.
All-Cargo Aircraft Security
All-cargo aircraft operators would be required to:
Maintain a barrier between the aircraft
flight deck and the cargo compartment,
Physically screen each person and their bags
to be transported on an all-cargo aircraft,
Physically search each aircraft prior to the
first flight of the day for the aircraft, and
Secure any aircraft that is unattended
overnight.
In addition, the bill would prohibit the possession of a
key to a flight deck door by any member of a flight crew who is
not assigned to the flight deck. Based on information on
current industry practices from TSA and industry
representatives, CBO expects that the costs to comply with
those mandates would be small.
Estimate prepared by: Federal Costs; Megan Carroll and
Gregory Waring, Impact on State, Local, and Tribal Governments:
Gregory Waring, Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following evaluation of the regulatory impact of the
legislation as reported:
NUMBER OF PERSONS COVERED
The reported bill would take steps to strengthen aviation
security in the U.S. by addressing areas in the existing
security regime determined by Congressional review as weak. The
bill affects DHS, TSA and other entities already subject to DHS
rules and regulations, thus the individuals covered should be
consistent with the current numbers of persons impacted under
existing aviation security laws.
ECONOMIC IMPACT
S. 2393 is not expected to have a negative impact on the U.S.
economy, and portions of the bill aimed at using improved
technology to enhance current baggage and passenger screening
practices may provide significant cost savings to the aviation
industry.
PRIVACY
The reported bill would have minimal impact on the privacy
rights of individuals, and under provisions that allow for
airplane lease and charter companies to receive background
checks of potential customers against terrorist watch lists,
privacy safeguards have been included.
PAPERWORK
It is not anticipated that there will be a major increase in
paperwork burdens resulting from the enactment of S. 2393. In
areas where the bill requires additional paperwork, such as
reporting requirements, it is aimed at improving the security
of the national air transportation system.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the Act may be called the ``Aviation
Security Advancement Act.''
Section 2. Improved pilot licenses
Section 2 requires the FAA to establish a system to issue new
pilot licenses within 180 days after enactment of the bill that
are tamper resistant, have a photo of the pilot, and are
capable of accommodating a biometric identifier.
Section 2 allows the FAA to use designees to minimize the
burden on individual pilots, and authorizes $50 million in
fiscal year (FY) 2005 to establish this program.
Section 3. Aircraft charter customer screening
Section 3 directs the DHS to develop a procedure, within 90
days after enactment of the bill, by which aircraft charter
operations may provide TSA the names of potential customers to
be checked against the agency's terrorist watchlists. Any
individual identified as a flight security risk will be
prohibited from boarding such aircraft.
Section 3 mandates that DHS incorporate privacy safeguards
into the procedure that will prohibit sharing information about
the individual being screened with the charter operation. Also,
individuals identified as a security risk will have immediate
access to TSA for the purpose of correcting any errors
regarding the individuals identity.
Section 3 authorizes DHS such sums as necessary to carry out
this section.
Section 4. Aircraft rental customer screening
Section 4 directs DHS to develop a procedure, within 90 days
after enactment of the bill, by which aircraft rental
operations may provide TSA the names of potential customers to
have those individuals checked against the agency's terrorist
watchlists. Any individual identified as a flight security risk
will be prohibited from boarding such aircraft.
Section 4 mandates that DHS incorporate privacy safeguards
into the procedure that will prohibit sharing information about
the individual being screened with the rental operation, and
that such individuals identified as a security risk will have
immediate access to TSA for the purpose of correcting any
errors regarding the individual's identity.
Section 4 requires DHS to test the system through a pilot
program before fully implementing the programs, and authorizes
DHS such sums as necessary to carry out this section.
Section 5. Aviation security staffing
Section 5 requires DHS to work with the Department of
Transportation (DOT) and individual Federal Security Directors
(FSDs) to establish staffing standards for security screening
checkpoints at every commercial airport in the U.S. within 90
days of enactment. The standards must be based on providing
appropriate security while minimizing passenger delays at each
checkpoint. The Government Accountability Office (GAO) is
directed to perform an analysis of this initiative, and DHS and
GAO must report to Congress on the standards that are
developed, including recommendations to further improve
screening within 120 days. DHS must also study the feasibility
of combining the operations of Federal airport workers with
other government employees performing aviation security
functions to determine the impact of this workforce integration
on air transportation security.
Section 6. Improved air cargo and airport security
Section 6 authorizes appropriations of $200 million for FYs
2005 through 2007 to fund aviation cargo security.
Section 6 requires DHS to establish a next-generation cargo
security grant program to facilitate the creation and use of
improved air cargo security technology. $100 million is
authorized each year for FYs 2005 through 2007 to fund
research, development and deployment of next-generation
security technology. DHS is directed to provide an annual
report to Congress on the status of this program.
Section 6 also authorizes $150 million each year for FYs 2005
through 2007 to fund expiring and new LOIs to pay for capital
infrastructure security improvements at commercial airports.
Section 7. Air cargo security measures
Section 7 requires DHS and DOT to implement an air cargo
security plan based on recommendations of the Cargo Security
Working Group of the Aviation Security Advisory Committee. In
addition to planning, TSA must also establish regulations to
strengthen the supply chain security of air cargo by evaluating
indirect air carriers and ground handling agents, as well as,
an evaluation of the use of canine detection teams.
Section 7 directs TSA to develop, within 180 days of
enactment, a requirement for all-cargo aircraft to keep a
barrier between the flight deck and the cargo compartment and
to take further action to secure all-cargo aircraft. In
addition, TSA is required to develop standards for screening of
any passengers or service personnel going on-board all-cargo
aircraft, and for screening individual aircraft each day within
1 year of enactment. TSA has the option of working with FAA to
develop alternative means of compliance for any of the measures
required by this section.
Section 7 also requires DHS to double the volume of cargo
screened on commercial passenger aircraft within one year of
enactment.
Section 8. Explosive detection systems
Section 8 mandates that DHS develop a schedule for replacing
trace detection equipment (ETD) used for in-line baggage
screening purposes with EDS within 180 days of enactment. This
action must include a report to Congress on the schedule and
estimated impact of this measure.
Section 8 authorizes $100 million for next-generation EDS
development with a mandate that DHS must develop planning
guidelines to implement improved EDS equipment.
Section 8 authorizes $250 million for portal detection system
research and development for TSA to develop a pilot program at
up to ten airports.
Section 8 also requires DHS to provide Congress an annual
report on the next-generation EDS and portal detection system
initiatives.
Section 9. Air marshal program
Section 9 requires DHS to report on the potential impact of
cross-training the Federal Air Marshal (FAM) workforce for
other Federal duties.
Section 9 also authorizes $83 million in additional funding
to increase FAM program support for FYs 2005 through 2007.
Section 10. TSA-related baggage claim issues study
Section 10 requires DHS to report to Congress on the current
system for addressing missing or damaged baggage related to
airport screening within 90 days after enactment. The report
must include information on the current time needed to settle
claims, the effect of ATSA on the system, and recommendations
to include airlines in efforts to improve the process.
Section 11. Report on implementation of GAO homeland security
information sharing recommendations
Section 11 requires DHS to report to Congress within 30 days
of enactment on the implementation of recommendations contained
in the GAO Report on ``Homeland Security: Efforts To Improve
Information Sharing Need To Be Strengthened.''
Section 12. Aviation security research and development
Section 12 authorizes $20 million for TSA to conduct
biometric research and development to determine the
applicability of such technology to aviation security.
Section 12 also authorizes $1 million for DHS/TSA to
establish a Biometrics Center of Excellence.
Section 13. Perimeter access technology
Section 13 authorizes $100 million for airport perimeter
security technology, perimeter fencing, contracts, vehicle
tagging and other related security operations.
Section 14. Bereavement fares
Section 14 requires air carriers to offer bereavement fares
to the public in connection with the death of a relative or
other relationships as determined by the air carrier. The fares
must be made available, to the greatest extent practicable, at
the lowest fare offered by the carrier for the flight
requested.
Section 15. Review and revision of prohibited items list
Section 15 directs TSA to modify the prohibited items list,
within 60 days of enactment, to prohibit air carrier passengers
from carrying butane lighters onboard any aircraft.
Section 16. Report on protecting commercial aircraft from the threat of
man-portable air defense systems
Section 16 requires DHS, in coordination with TSA, to prepare
a report on protecting commercial aircraft from the threat of
MANPADS. The report must include: an estimate of those
organizations that have access to MANPADS and their potential
risk; a description of the efforts of DHS to protect commercial
aircraft from MANPADS; an assessment of the systems currently
being considered by DHS to counter this threat; justification
for the schedule DHS has developed to address the MANPADS
threat; an assessment of other technology that could be
employed on aircraft to address the threat; an assessment of
alternate approaches to address the threat that are not
aircraft-based; a review of contractor liability associated
with the use of counter-MANPADS systems; a description of
strategies that DHS may employ at the conclusion of the current
demonstration project; consideration of a plan to expedite
counter-MANPADS programs if the threat warrants it; information
regarding DHS efforts to identify areas at domestic and foreign
airports that are most vulnerable to MANPADS attack; and, a
description of cooperation between DHS and FAA to certify the
safety of counter-MANPADS systems and technology.
Section 16 requires that the MANPADS report be submitted to
Congress in coordination with the fiscal year 2006 budget.
Section 17. Screening devices to detect chemical and plastic explosives
Section 17 directs DHS to provide Congress a report, within
90 days after enactment, on the status of current efforts and
additional needs regarding the use of passenger checkpoint
screening equipment to detect chemical and plastic explosives
with a timetable and cost estimate for the installation of
recommended equipment.
Section 18. Reports on the federal air marshals program
Section 18 directs DHS to provide Congress a classified
report, within 90 days after enactment and every 90 days
thereafter, on the number of individuals serving as FAMs. The
report is required to include the number of FAMs who are women,
minorities or non-DHS employees, the percentage of domestic and
international flights they are stationed on, and the rate at
which individuals are leaving the FAM program.
Section 19. Security of air marshal identity
Section 19 requires DHS to designate individuals and parties
to whom FAMs will be required to identify themselves with the
direction that no other law or policy shall expose the identity
of a FAM to anyone other than those designated by DHS.
Section 20. Security monitoring cameras for airport baggage handling
areas
Section 20 mandates DHS provide assistance to commercial
airports with baggage handling areas that are not open to
public view in the acquisition and installation of security
monitoring cameras for surveillance of the baggage area to
deter theft and promote timely resolution of liability claims
against TSA.
Section 20 authorizes such sums as may be necessary in FY
2005 to carry out this section.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49, UNITED STATES CODE
CHAPTER 415. PRICING
Sec. 41512. Bereavement fares
Air carriers shall offer, with appropriate documentation,
bereavement fares to the public for air transportation in
connection with the death of a relative or other relationship
(as determined by the air carrier) and shall make such fares
available, to the greatest extent practicable, at the lowest
fare offered by the air carrier for the flight for which the
bereavement fare is requested.
* * * * * * *
CHAPTER 449. SECURITY
SUBCHAPTER I. REQUIREMENTS
Sec. 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 all-
cargo 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.