[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 165 Referred in House (RFH)]
1st Session
S. 165
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2003
Referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
AN ACT
To improve air cargo security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Cargo Security Improvement
Act''.
SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
Section 44901(f) of title 49, United States Code, is amended to
read as follows:
``(f) Cargo.--
``(1) In general.--The Under Secretary of Transportation
for Security shall establish systems to screen, inspect, or
otherwise ensure the security of all cargo that is to be
transported in--
``(A) passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or
intrastate air transportation; or
``(B) all-cargo aircraft in air transportation and
intrastate air transportation.
``(2) Strategic plan.--The Under Secretary shall develop a
strategic plan to carry out paragraph (1) within 6 months after
the date of enactment of the Air Cargo Security Improvement
Act.
``(3) Pilot program.--The Under Secretary shall conduct a
pilot program of screening of cargo to assess the effectiveness
of different screening measures, including the use of random
screening. The Under Secretary shall attempt to achieve a
distribution of airport participation in terms of geographic
location and size.''.
SEC. 3. AIR CARGO SHIPPING.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44922. Regular inspections of air cargo shipping facilities
``The Under Secretary of Transportation for Security shall
establish a system for the regular inspection of shipping facilities
for shipments of cargo transported in air transportation or intrastate
air transportation to ensure that appropriate security controls,
systems, and protocols are observed, and shall enter into arrangements
with the civil aviation authorities, or other appropriate officials, of
foreign countries to ensure that inspections are conducted on a regular
basis at shipping facilities for cargo transported in air
transportation to the United States.''.
(b) Additional Inspectors.--The Under Secretary may increase the
number of inspectors as necessary to implement the requirements of
title 49, United States Code, as amended by this subtitle.
(c) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by adding at the end the
following:
``44922. Regular inspections of air cargo shipping facilities''.
SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 44923. Air cargo security
``(a) Database.--The Under Secretary of Transportation for Security
shall establish an industry-wide pilot program database of known
shippers of cargo that is to be transported in passenger aircraft
operated by an air carrier or foreign air carrier in air transportation
or intrastate air transportation. The Under Secretary shall use the
results of the pilot program to improve the known shipper program.
``(b) Indirect air carriers.--
``(1) Random inspections.--The Under Secretary shall
conduct random audits, investigations, and inspections of
indirect air carrier facilities to determine if the indirect
air carriers are meeting the security requirements of this
title.
``(2) Ensuring compliance.--The Under Secretary may take
such actions as may be appropriate to promote and ensure
compliance with the security standards established under this
title.
``(3) Notice of failures.--The Under Secretary shall notify
the Secretary of Transportation of any indirect air carrier
that fails to meet security standards established under this
title.
``(4) Withdrawal of security program approval.--The Under
Secretary may issue an order amending, modifying, suspending,
or revoking approval of a security program of an indirect air
carrier that fails to meet security requirements imposed by the
Under Secretary if such failure threatens the security of air
transportation or commerce. The affected indirect air carrier
shall be given notice and the opportunity to correct its
noncompliance unless the Under Secretary determines that an
emergency exists. Any indirect air carrier that has the
approval of its security program amended, modified, suspended,
or revoked under this section may appeal the action in
accordance with procedures established by the Under Secretary
under this title.
``(5) Indirect air carrier.--In this subsection, the term
`indirect air carrier' has the meaning given that term in part
1548 of title 49, Code of Federal Regulations.
``(c) Consideration of Community Needs.--In implementing air cargo
security requirements under this title, the Under Secretary may take
into consideration the extraordinary air transportation needs of small
or isolated communities and unique operational characteristics of
carriers that serve those communities.''.
(b) Assessment of Indirect Air Carrier Program.--The Under
Secretary of Transportation for Security shall assess the security
aspects of the indirect air carrier program under part 1548 of title
49, Code of Federal Regulations, and report the result of the
assessment, together with any recommendations for necessary
modifications of the program to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure within 60 days after the date of
enactment of this Act. The Under Secretary may submit the report and
recommendations in classified form.
(c) Report to Congress on Random Audits.--The Under Secretary of
Transportation for Security shall report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on random screening,
audits, and investigations of air cargo security programs based on
threat assessments and other relevant information. The report may be
submitted in classified form.
(d) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, as amended by section 3, is amended by
adding at the end the following:
``44923. Air cargo security''.
SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS.
The Under Secretary of Transportation for Security shall establish
a training program for any persons that handle air cargo to ensure that
the cargo is properly handled and safe-guarded from security breaches.
SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
(a) In General.--The Under Secretary of Transportation for Security
shall establish a program requiring that air carriers operating all-
cargo aircraft have an approved plan for the security of their air
operations area, the cargo placed aboard such aircraft, and persons
having access to their aircraft on the ground or in flight.
(b) Plan Requirements.--The plan shall include provisions for--
(1) security of each carrier's air operations areas and
cargo acceptance areas at the airports served;
(2) background security checks for all employees with
access to the air operations area;
(3) appropriate training for all employees and contractors
with security responsibilities;
(4) appropriate screening of all flight crews and persons
transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section 44901(f)(1)(B) of title 49,
United States Code; and
(6) additional measures deemed necessary and appropriate by
the Under Secretary.
(c) Confidential Industry Review and Comment.--
(1) Circulation of proposed program.--The Under Secretary
shall--
(A) propose a program under subsection (a) within
90 days after the date of enactment of this Act; and
(B) distribute the proposed program, on a
confidential basis, to those air carriers and other
employers to which the program will apply.
(2) Comment period.--Any person to which the proposed
program is distributed under paragraph (1) may provide comments
on the proposed program to the Under Secretary not more than 60
days after it was received.
(3) Final program.--The Under Secretary of Transportation
shall issue a final program under subsection (a) not later than
90 days after the last date on which comments may be provided
under paragraph (2). The final program shall contain time
frames for the plans to be implemented by each air carrier or
employer to which it applies.
(4) Suspension of procedural norms.--Neither chapter 5 of
title 5, United States Code, nor the Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the program required by this
section.
SEC. 7. REPORT ON PASSENGER PRESCREENING PROGRAM.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, after consultation with the
Attorney General, shall submit a report in writing to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the
potential impact of the Transportation Security Administration's
proposed Computer Assisted Passenger Prescreening system, commonly
known as CAPPS II, on the privacy and civil liberties of United States
citizens.
(b) Specific Issues To Be Addressed.--The report shall address the
following:
(1) Whether and for what period of time data gathered on
individual travelers will be retained, who will have access to
such data, and who will make decisions concerning access to
such data.
(2) How the Transportation Security Administration will
treat the scores assigned to individual travelers to measure
the likelihood they may pose a security threat, including how
long such scores will be retained and whether and under what
circumstances they may be shared with other governmental, non-
governmental, or commercial entities.
(3) The role airlines and outside vendors or contractors
will have in implementing and operating the system, and to what
extent will they have access, or the means to obtain access, to
data, scores, or other information generated by the system.
(4) The safeguards that will be implemented to ensure that
data, scores, or other information generated by the system will
be used only as officially intended.
(5) The procedures that will be implemented to mitigate the
effect of any errors, and what procedural recourse will be
available to passengers who believe the system has wrongly
barred them from taking flights.
(6) The oversight procedures that will be implemented to
ensure that, on an ongoing basis, privacy and civil liberties
issues will continue to be considered and addressed with high
priority as the system is installed, operated and updated.
SEC. 8. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO OPERATE
AIRCRAFT.
(a) In General.--Section 44939 of title 49, United States Code, is
amended to read as follows:
``Sec. 44939. Training to operate certain aircraft
``(a) In General.--
``(1) Waiting period.--A person subject to regulation under
this part may provide training in the United States in the
operation of an aircraft to an individual who is an alien (as
defined in section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3))) or to any other individual specified
by the Under Secretary of Homeland Security for Border and
Transportation Security only if--
``(A) that person has notified the Under Secretary
that the individual has requested such training and
furnished the Under Secretary with that individual's
identification in such form as the Under Secretary may
require; and
``(B) the Under Secretary has not directed, within
30 days after being notified under subparagraph (A),
that person not to provide the requested training
because the Under Secretary has determined that the
individual presents a risk to aviation security or
national security.
``(2) Notification-only individuals.--
``(A) In general.--The requirements of paragraph
(1) shall not apply to an an alien individual who holds
a visa issued under title I of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and who--
``(i) has earned a Federal Aviation
Administration type rating in an aircraft or
has undergone type-specific training, or
``(ii) holds a current pilot's license or
foreign equivalent commercial pilot's license
that permits the person to fly an aircraft with
a maximum certificated takeoff weight of more
than 12,500 pounds as defined by the
International Civil Aviation Organization in
Annex 1 to the Convention on International
Civil Aviation,
if the person providing the training has notified the
Under Secretary that the individual has requested such
training and furnished the Under Secretary with that
individual's visa information.
``(B) Exception.--Subparagraph (A) does not apply
to an alien individual whose airman's certificate has
been suspended or revoked under procedures established
by the Under Secretary.
``(3) Expedited processing.--The waiting period under
paragraph (1) shall be expedited for an individual who--
``(A) has previously undergone a background records
check by the Foreign Terrorist Tracking Task Force;
``(B) is employed by a foreign air carrier
certified under part 129 of title 49, Code of Federal
Regulations, that has a TSA 1546 approved security
program and who is undergoing recurrent flight
training;
``(C) is a foreign military pilot endorsed by the
United States Department of Defense for flight
training; or
``(D) who has unescorted access to a secured area
of an airport designated under section
44936(a)(1)(A)(ii).
``(4) Investigation authority.--In order to determine
whether an individual requesting training described in
paragraph (1) presents a risk to aviation security or national
security the Under Secretary is authorized to use the
employment investigation authority provided by section
44936(a)(1)(A) for individuals applying for a position in which
the individual has unescorted access to a secured area of an
airport designated under section 44936(a)(1)(A)(ii).
``(5) Fee.--
``(A) In general.--The Under Secretary may assess a
fee for an investigation under this section, which may
not exceed $100 per individual (exclusive of the cost
of transmitting fingerprints collected at overseas
facilities) during fiscal years 2003 and 2004. For
fiscal year 2005 and thereafter, the Under Secretary
may adjust the maximum amount of the fee to reflect the
costs of such an investigation.
``(B) Offset.--Notwithstanding section 3302 of
title 31, United States Code, any fee collected under
this section--
``(i) shall be credited to the account in
the Treasury from which the expenses were
incurred and shall be available to the Under
Secretary for those expenses; and
``(ii) shall remain available until
expended.
``(b) Interruption of Training.--If the Under Secretary, more than
30 days after receiving notification under subsection (a)(1)(A) from a
person providing training described in subsection (a)(1) or at anytime
after receiving notice from such a person under subsection (a)(2)(a),
determines that an individual receiving such training presents a risk
to aviation or national security, the Under Secretary shall immediately
notify the person providing the training of the determination and that
person shall immediately terminate the training.
``(c) Covered Training.--For purposes of subsection (a), the term -
`training'--
``(1) includes in-flight training, training in a simulator,
and any other form or aspect of training; but
``(2) does not include classroom instruction (also known as
ground school training), which may be provided during the 30-
day period described in subsection (a)(1)(B).
``(d) Interagency Cooperation.--The Attorney General, the Director
of Central Intelligence, and the Administrator of the Federal Aviation
Administration shall cooperate with the Under Secretary in implementing
this section.
``(e) Security Awareness Training for Employees.--The Under
Secretary shall require flight schools to conduct a security awareness
program for flight school employees, and for certified instructors who
provide instruction for the flight school but who are not employees
thereof, to increase their awareness of suspicious circumstances and
activities of individuals enrolling in or attending flight school.''.
(b) Procedures.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Under Secretary of Homeland Security
for Border and Transportation Security shall promulgate an
interim final rule to implement section 44939 of title 49,
United States Code, as amended by subsection (a).
(2) Use of overseas facilities.--In order to implement
section 44939 of title 49, United States Code, as amended by
subsection (a), United States Embassies and Consulates that
possess appropriate fingerprint collection equipment and
personnel certified to capture fingerprints shall provide
fingerprint services to aliens covered by that section if the
Under Secretary requires fingerprints in the administration of
that section, and shall transmit the fingerprints to the Under
Secretary or other agency designated by the Under Secretary.
The Attorney General and the Secretary of State shall cooperate
with the Under Secretary in carrying out this paragraph.
(3) Use of united states facilities.--If the Under
Secretary requires fingerprinting in the administration of
section 44939 of title 49, United States Code, the Under
Secretary may designate locations within the United States that
will provide fingerprinting services to individuals covered by
that section.
(c) Effective Date.--The amendment made by subsection (a) takes
effect on the effective date of the interim final rule required by
subsection (b)(1).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure a report
on the effectiveness of the activities carried out under section 44939
of title 49, United States Code, in reducing risks to aviation security
and national security.
SEC. 9. PASSENGER IDENTIFICATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary of Transportation for
Security, in consultation with the Administrator of the Federal
Aviation Administration, appropriate law enforcement, security, and
terrorism experts, representatives of air carriers and labor
organizations representing individuals employed in commercial aviation,
shall develop guidelines to provide air carriers guidance for detecting
false or fraudulent passenger identification. The guidelines may take
into account new technology, current identification measures, training
of personnel, and issues related to the types of identification
available to the public. The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to any meeting held pursuant to this subsection.
(b) Air Carrier Programs.--Within 60 days after the Under Secretary
issues the guidelines under subsection (a) in final form, the Under
Secretary shall provide the guidelines to each air carrier and
establish a joint government and industry council to develop
recommendations on how to implement the guidelines.
(c) Report.--The Under Secretary of Transportation for Security
shall report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure within 1 year after the date of
enactment of this Act on the actions taken under this section.
SEC. 10. PASSENGER IDENTIFICATION VERIFICATION.
(a) Program Required.--The Under Secretary of Transportation for
Security may establish and carry out a program to require the
installation and use at airports in the United States of the
identification verification technologies the Under Secretary considers
appropriate to assist in the screening of passengers boarding aircraft
at such airports.
(b) Technologies Employed.--The identification verification
technologies required as part of the program under subsection (a) may
include identification scanners, biometrics, retinal, iris, or facial
scanners, or any other technologies that the Under Secretary considers
appropriate for purposes of the program.
(c) Commencement.--If the Under Secretary determines that the
implementation of such a program is appropriate, the installation and
use of identification verification technologies under the program shall
commence as soon as practicable after the date of that determination.
SEC. 11. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.
Not later than 6 months after the date of enactment of this Act,
the Under Secretary of Transportation for Security, and the
Administrator of the Federal Aviation Administration, shall jointly
submit a report to Congress that contains--
(1) an evaluation of blast-resistant cargo container
technology to protect against explosives in passenger luggage
and cargo;
(2) an examination of the advantages associated with the
technology in preventing damage and loss of aircraft from
terrorist action and any operational impacts which may result
from use of the technology (particularly added weight and
costs);
(3) an analysis of whether alternatives exist to mitigate
the impacts described in paragraph (2) and options available to
pay for the technology; and
(4) recommendations on what further action, if any, should
be taken with respect to the use of blast-resistant cargo
containers on passenger aircraft.
SEC. 12. ARMING PILOTS AGAINST TERRORISM.
(a) Findings and Purpose.--
(1) Findings.--Congress makes the following findings:
(A) During the 107th Congress, both the Senate and
the House of Representatives overwhelmingly passed
measures that would have armed pilots of cargo
aircraft.
(B) Cargo aircraft do not have Federal air
marshals, trained cabin crew, or determined passengers
to subdue terrorists.
(C) Cockpit doors on cargo aircraft, if present at
all, largely do not meet the security standards
required for commercial passenger aircraft.
(D) Cargo aircraft vary in size and many are larger
and carry larger amounts of fuel than the aircraft
hijacked on September 11, 2001.
(E) Aircraft cargo frequently contains hazardous
material and can contain deadly biological and chemical
agents and quantities of agents that caused
communicable diseases.
(F) Approximately 12,000 of the Nation's 90,000
commercial pilots serve as pilots and flight engineers
on cargo aircraft.
(G) There are approximately 2,000 cargo flights per
day in the United States, many of which are loaded with
fuel for outbound international travel or are inbound
from foreign airports not secured by the Transportation
Security Administration.
(H) aircraft transporting cargo pose a serious risk
as potential terrorist targets that could be used as
weapons of mass destruction.
(I) Pilots of cargo aircraft deserve the same
ability to protect themselves and the aircraft they
pilot as other commercial airline pilots.
(J) Permitting pilots of cargo aircraft to carry
firearms creates an important last line of defense
against a terrorist effort to commandeer a cargo
aircraft.
(2) Sense of congress.--It is the sense of Congress that a
member of a flight deck crew of a cargo aircraft should be
armed with a firearm to defend the cargo aircraft against an
attack by terrorists that could result in the use of the
aircraft as a weapon of mass destruction or for other
terrorists purposes.
(b) Arming Cargo Pilots Against Terrorism.--Section 44921 of title
49, United States Code, is amended--
(1) by striking ``passenger'' in subsection (a) each place
that it appears;
(2) by striking ``or,'' and all that follows in subsection
(k)(2) and inserting ``or any other flight deck crew member.'';
and
(3) by adding at the end of subsection (k) the following:
``(3) All-cargo air transportation.--For the purposes of
this section, the term air transportation includes all-cargo
air transportation.''.
(c) Implementation.--
(1) Time for implementation.--The training of pilots as
Federal flight deck officers required in the amendments made by
subsection (b) shall begin as soon as practicable and no later
than 90 days after the date of enactment of this Act.
(2) Effect on other laws.--The requirements of subparagraph
(1) shall have no effect on the deadlines for implementation
contained in section 44921 of title 49, United States Code, as
in effect on the day before the date of enactment of this Act.
SEC. 13. REPORT ON DEFENDING AIRCRAFT FROM MAN-PORTABLE AIR DEFENSE
SYSTEMS (SHOULDER-FIRED MISSILES).
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall issue a
report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and
Infrastructure on how best to defend turbo and jet passenger aircraft
from Man-Portable Air Defense Systems (shoulder-fired missiles).
(b) Issues To Be Addressed.--The report shall include an analysis
of--
(1) actions taken to date, countermeasures, risk
mitigation, and other activities;
(2) existing military countermeasure systems and how those
systems might be adapted to commercial aircraft applications;
(3) means of reducing the costs of military countermeasure
systems by modifying them for use on commercial aircraft; and
(4) the extent of the threat and the need for
countermeasures.
(c) Report Format.--The report may be submitted in classified form.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary to carry out this Act
and sections 44901(f), 44922, and 44923 of title 49, United States
Code, for fiscal years 2004 through 2008.
Passed the Senate May 8, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.