[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 509 Reported in Senate (RS)]
Calendar No. 68
110th CONGRESS
1st Session
S. 509
[Report No. 110-31]
To provide improved aviation security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6, 2007
Mr. Inouye (for himself, Mr. Stevens, Mr. Rockefeller, Mr. Lott, Mr.
Lautenberg, and Mrs. Hutchison) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
March 5, 2007
Reported by Mr. Inouye, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To provide improved aviation security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation Security
Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
TITLE--AVIATION SECURITY
Sec. 1. Short title; table of contents.
Sec. 2. Extension of authorization for aviation security funding.
Sec. 3. Passenger aircraft cargo screening.
Sec. 4. Blast-resistant cargo containers.
Sec. 5. Protection of air cargo on passenger planes from explosives.
Sec. 6. In-line baggage screening.
Sec. 7. Enhancement of in-line baggage system deployment.
Sec. 8. Research and development of aviation transportation security
technology.
Sec. 9. Certain TSA personnel limitations not to apply.
Sec. 10. Specialized training.
Sec. 11. Explosive detection at passenger screening checkpoints.
Sec. 12. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.
Sec. 13. Repair station security.
Sec. 14. Strategic plan to test and implement advanced passenger
prescreening system.
Sec. 15. General aviation security.
Sec. 16. Security credentials for airline crews.
Sec. 17. National explosives detection canine team training center.
SEC. 2. EXTENSION OF AUTHORIZATION FOR AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is amended by
striking ``and 2006'' and inserting ``2006, 2007, 2008, and 2009''.
SEC. 3. PASSENGER AIRCRAFT CARGO SCREENING.
(a) In General.--Section 44901 of title 49, United States Code, is
amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Air Cargo on Passenger Aircraft.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Aviation Security Improvement Act, the
Secretary of Homeland Security, acting through the
Administrator of the Transportation Security Administration,
shall establish a system to screen all cargo transported on
passenger aircraft operated by an air carrier or foreign air
carrier in air transportation or intrastate air transportation
to ensure the security of all such passenger aircraft carrying
cargo.
``(2) Minimum standards.--The system referred to in
paragraph (1) shall require, at a minimum, that the equipment,
technology, procedures, personnel, or other methods determined
by the Administrator of the Transportation Security
Administration, provide a level of security comparable to the
level of security in effect for passenger checked baggage.
``(3) Regulations.--
``(A) Interim final rule.--The Secretary of
Homeland Security may issue an interim final rule as a
temporary regulation to implement this subsection
without regard to the provisions of chapter 5 of title
5.
``(B) Final rule.--
``(i) In general.--If the Secretary issues
an interim final rule under subparagraph (A),
the Secretary shall issue, not later than 1
year after the effective date of the interim
final rule, a final rule as a permanent
regulation to implement this subsection in
accordance with the provisions of chapter 5 of
title 5.
``(ii) Failure to act.--If the Secretary
does not issue a final rule in accordance with
clause (i) on or before the last day of the 1-
year period referred to in clause (i), the
Secretary shall submit a report to the Congress
explaining why the final rule was not timely
issued and providing an estimate of the
earliest date on which the final rule will be
issued. The Secretary shall submit the first
such report within 10 days after such last day
and submit a report to the Congress containing
updated information every 60 days thereafter
until the final rule is issued.
``(iii) Superseding of interim final
rule.--The final rule issued in accordance with
this subparagraph shall supersede the interim
final rule issued under subparagraph (A).
``(4) Report.--Not later than 1 year after the date on
which the system required by paragraph (1) is established, the
Secretary shall transmit a report to Congress that details and
explains the system.''.
(b) Assessment of Exemptions.--
(1) TSA assessment of exemptions.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Homeland Security, through the Administrator of the
Transportation Security Administration, shall submit a
report to Congress and to the Comptroller General
containing an assessment of each exemption granted
under section 44901(i) of title 49, United States Code,
for the screening required by section 44901(g)(1) of
that title for cargo transported on passenger aircraft
and an analysis to assess the risk of maintaining such
exemption. The Secretary may submit the report in both
classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.
(B) Contents.--The report shall include--
(i) the rationale for each exemption;
(ii) a statement of the percentage of cargo
that is not screened as a result of each
exemption;
(iii) the impact of each exemption on
aviation security;
(iv) the projected impact on the flow of
commerce of eliminating such exemption; and
(v) a statement of any plans, and the
rationale, for maintaining, changing, or
eliminating each exemption.
(2) GAO Assessment.--Not later than 120 days after the date
on which the report required under paragraph (1) is submitted,
the Comptroller General shall review the report and provide to
Congress an assessment of the methodology used for
determinations made by the Secretary for maintaining, changing,
or eliminating an exemption.
SEC. 4. BLAST-RESISTANT CARGO CONTAINERS.
Section 44901 of title 49, United States Code, as amended by
section 3, is amended by adding at the end thereof the following:
``<DELETED>(i) </DELETED>(j) Blast-resistant Cargo Containers.--
``(1) In general.--Before January 1, 2008, the
Administrator of the Transportation Security Administration
shall--
``(A) evaluate the results of the blast-resistant
cargo container pilot program instituted before the
date of enactment of the Aviation Security Improvement
Act;
``(B) based on that evaluation, begin the
acquisition of a sufficient number of blast-resistant
cargo containers to meet the requirements of the
Transportation Security Administration's cargo security
program under <DELETED>paragraph (2);
</DELETED>subsection (g); and
``(C) develop a system under which the
Administrator--
``(i) will make such containers available
for use by passenger aircraft operated by air
carriers or foreign air carriers in air
transportation or intrastate air transportation
on a random or risk-assessment basis as
determined by the Administrator, in sufficient
number to enable the carriers to meet the
requirements of the Administration's cargo
security system; and
``(ii) provide for the storage,
maintenance, and distribution of such
containers.
``(2) Distribution to air carriers.--Within 90 days after
the date on which the Administrator completes development of
the system required by paragraph (1)(C), the Administrator of
the Transportation Security Administration shall implement that
system and begin making blast-resistant cargo containers
available to such carriers as necessary.''.
SEC. 5. PROTECTION OF AIR CARGO ON PASSENGER PLANES FROM EXPLOSIVES.
(a) Technology Research and Pilot Projects.--
(1) Research and development.--The Secretary of Homeland
Security shall expedite research and development for technology
that can disrupt or prevent an explosive device from being
introduced onto a passenger plane or from damaging a passenger
plane while in flight or on the ground. The research shall
include blast resistant cargo containers and other promising
technology and will be used in concert with implementation of
section 4 of this Act.
(2) Pilot projects.--The Secretary, in conjunction with the
Secretary of Transportation, shall establish a grant program to
fund pilot projects--
(A) to deploy technologies described in paragraph
(1); and
(B) to test technology to expedite the recovery,
development, and analysis of information from aircraft
accidents to determine the cause of the accident,
including deployable flight deck and voice recorders
and remote location recording devices.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for fiscal year 2008
such sums as may be necessary to carry out this section, such funds to
remain available until expended.
SEC. 6. IN-LINE BAGGAGE SCREENING.
(a) Extension of Authorization.--Section 44923(i)(1) of title 49,
United States Code, is amended by striking ``2007.'' and inserting
``2007, and $450,000,000 for each of fiscal years 2008 and 2009.''.
(b) Report.--Within 30 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit the report the
Secretary was required by section 4019(d) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (49 U.S.C. 44901 note) to have
submitted in conjunction with the submission of the budget for fiscal
year 2006.
SEC. 7. ENHANCEMENT OF IN-LINE BAGGAGE SYSTEM DEPLOYMENT.
(a) In General.--Section 44923 of title 49, United States Code, is
amended--
(1) by striking ``may'' in subsection (a) and inserting
``shall'';
(2) by striking ``may'' in subsection (d)(1) and inserting
``shall'';
(3) by striking ``2007'' in subsection (h)(1) and inserting
``2028'';
(4) by striking paragraphs (2) and (3) of subsection (h)
and inserting the following:
``(2) Allocation.--Of the amount made available under
paragraph (1) for a fiscal year, not less than $200,000,000
shall be allocated to fulfill letters of intent issued under
subsection (d).
``(3) Discretionary grants.--Of the amount made available
under paragraph (1) for a fiscal year, up to $50,000,000 shall
be used to make discretionary grants, with priority given to
small hub airports and non-hub airports.''; and
(5) by redesignating subsection (i) as subsection (j) and
inserting after subsection (h) the following:
``(i) Leveraged Funding.--For purposes of this section, a grant
under subsection (a) to an airport sponsor to service an obligation
issued by or on behalf of that sponsor to fund a project described in
subsection (a) shall be considered to be a grant for that project.''.
(b) Prioritization of Projects.--
(1) In general.--The Administrator shall create a
prioritization schedule for airport security improvement
projects described in section 44923(b) of title 49, United
States Code, based on risk and other relevant factors, to be
funded under the grant program provided by that section. The
schedule shall include both hub airports (as defined in section
41731(a)(3) of title 49, United States Code) and nonhub
airports (as defined in section 41731(a)4) of title 49, United
States Code).
(2) Airports that have commenced projects.--The schedule
shall include airports that have incurred eligible costs
associated with development of partial in-line baggage systems
before the date of enactment of this Act in reasonable
anticipation of receiving a grant under section 44923 of title
49, United States Code, in reimbursement of those costs but
that have not received such a grant.
(3) Report.--Within 180 days after the date of enactment of
this Act, the Administrator shall provide a copy of the
prioritization schedule, a corresponding timeline, and a
description of the funding allocation under section 44923 of
title 49, United States Code, to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Homeland Security.
SEC. 8. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY
TECHNOLOGY.
Section 137(a) of the Aviation and Transportation Security Act (49
U.S.C. 44912 note) is amended--
(1) by striking ``2002 through 2006,'' and inserting ``2006
through 2009,'';
(2) by striking ``aviation'' and inserting
``transportation''; and
(3) by striking ``2002 and 2003'' and inserting ``2006
through 2009''.
SEC. 9. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
(a) In General.--Notwithstanding any provision of law to the
contrary, any statutory limitation on the number of employees in the
Transportation Security Administration, before or after its transfer to
the Department of Homeland Security from the Department of
Transportation, does not apply after fiscal year 2007.
(b) Aviation Security.--Notwithstanding any provision of law
imposing a limitation on the recruiting or hiring of personnel into the
Transportation Security Administration to a maximum number of permanent
positions, the Secretary of Homeland Security shall recruit and hire
such personnel into the Administration as may be necessary--
(1) to provide appropriate levels of aviation security; and
(2) to accomplish that goal in such a manner that the
average aviation security-related delay experienced by airline
passengers is reduced to a level of less than 10 minutes.
SEC. 10. SPECIALIZED TRAINING.
The Administrator of the Transportation Security Administration
shall provide advanced training to transportation security officers for
the development of specialized security skills, including behavior
observation and analysis, explosives detection, and document
examination, in order to enhance the effectiveness of layered
transportation security measures.
SEC. 11. EXPLOSIVE DETECTION AT PASSENGER SCREENING CHECKPOINTS.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall issue the strategic plan
the Secretary was required by section 44925(a) of title 49, United
States Code, to have issued within 90 days after the date of enactment
of the Intelligence Reform and Terrorism Prevention Act of 2004.
(b) Deployment.--Section 44925(b) of title 49, United States Code,
is amended by adding at the end thereof the following:
``(3) Full deployment.--The Secretary shall fully implement
the strategic plan within 1 year after the date of enactment of
the Aviation Security Improvement Act.''.
SEC. 12. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
PROHIBITED FROM BOARDING A FLIGHT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 431. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED
OR PROHIBITED FROM BOARDING A FLIGHT.
``(a) In General.--The Secretary shall establish a timely and fair
process for individuals who believe they have been delayed or
prohibited from boarding a commercial aircraft because they were
wrongly identified as a threat under the regimes utilized by the
Transportation Security Administration, the Bureau of Customs and
Border Protection, or any other Department entity.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish an
Office of Appeals and Redress to oversee the process
established by the Secretary pursuant to subsection (a).
``(2) Records.--The process established by the Secretary
pursuant to subsection (a) shall include the establishment of a
method by which the Office of Appeals and Redress, under the
direction of the Secretary, will be able to maintain a record
of air carrier passengers and other individuals who have been
misidentified and have corrected erroneous information.
``(3) Information.--To prevent repeated delays of an
misidentified passenger or other individual, the Office of
Appeals and Redress shall--
``(A) ensure that the records maintained under this
subsection contain information determined by the
Secretary to authenticate the identity of such a
passenger or individual; and
``(B) furnish to the Transportation Security
Administration, the Bureau of Customs and Border
Protection, or any other appropriate Department entity,
upon request, such information as may be necessary to
allow such agencies to assist air carriers in improving
their administration of the advanced passenger
prescreening system and reduce the number of false
positives.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 430
the following:
``431. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.''.
SEC. 13. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER
PRESCREENING SYSTEM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation Security
Administration, shall submit to the Congress a plan that--
(1) describes the system to be utilized by the Department
of Homeland Security to assume the performance of comparing
passenger information, as defined by the Administrator of the
Transportation Security Administration, to the automatic
selectee and no-fly lists, utilizing appropriate records in the
consolidated and integrated terrorist watchlist maintained by
the Federal government;
(2) provides a projected timeline for each phase of testing
and implementation of the system;
(3) explains how the system will be integrated with the
prescreening system for passengers on international flights;
and
(4) describes how the system complies with section 552a of
title 5, United States Code.
(b) GAO Assessment.--No later than 90 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Senate Committee on Commerce, Science, and Transportation and the
House Committee on Homeland Security that--
(1) describes the progress made by the Transportation
Security Administration in implementing the Secure Flight
passenger pre-screening program;
(2) describes the effectiveness of the current appeals
process for passengers wrongly assigned to the no-fly and
terrorist watch lists;
(3) describes the Transportation Security Administration's
plan to protect private passenger information and progress made
in integrating the system with the pre-screening program for
international flights operated by the Bureau of Customs and
Border Protection;
(4) provides a realistic determination of when the system
will be completed; and
(5) includes any other relevant observations or
recommendations the Comptroller General deems appropriate.
SEC. 14. REPAIR STATION SECURITY.
(a) Certification of Foreign Repair Stations Suspension.--If the
regulations required by section 44924(f) of title 49, United States
Code, are not issued within 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration may not
certify any foreign repair station under part 145 of title 14, Code of
Federal Regulations, after such 90th day unless the station was
previously certified by the Administration under that part.
(b) 6-Month Deadline for Security Review and Audit.--Subsections
(a) and (d) of section 44924 of title 49, United States Code, are each
amended by striking ``18 months'' and inserting ``6 months''.
SEC. 15. GENERAL AVIATION SECURITY.
Section 44901 of title 49, United States Code, as amended by
section 4, is amended by adding at the end thereof the following:
``<DELETED>(i) </DELETED>(k) General Aviation Airport Security
Program.--
``(1) In general.--Within 1 year after the date of
enactment of the Aviation Security Improvement Act the
Administrator of the Transportation Security Administration
shall--
``(A) develop a standardized threat and
vulnerability assessment program for general aviation
airports (as defined in section <DELETED>47135(m));
</DELETED>47134(m)); and
``(B) implement a program to perform such
assessments on a risk-assessment basis at general
aviation airports.
``(2) Grant program.--Within 6 months after date of
enactment of the Aviation Security Improvement Act the
Administrator shall initiate and complete a study of the
feasibility of a program, based on a risk-managed approach, to
provide grants to general aviation airport operators for
projects to upgrade security at general aviation airports (as
defined in section <DELETED>47135(m)). </DELETED>47134(m)). If
the Administrator determines that such a program is feasible,
the Administrator shall establish such a program.
``(3) Application to foreign-registered general aviation
aircraft.--Within 180 days after the date of enactment of the
Aviation Security Improvement Act, the Administrator shall
develop a risk-based system under which--
``(A) foreign-registered general aviation aircraft,
as identified by the Administrator, in coordination
with the Administrator of the Federal Aviation
Administration, are required to submit passenger
information to the Transportation Security
Administration before entering United States airspace;
and
``(B) such information is checked against
appropriate databases maintained by the Transportation
Security Administration.''.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security such sums as may be necessary to carry out any program
established under paragraph (2).''.
SEC. 16. SECURITY CREDENTIALS FOR AIRLINE CREWS.
Within 180 days after the date of enactment of this Act, the
Administrator of the Transportation Security Administration shall,
after consultation with airline, airport, and flight crew
representatives, transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on the status of its efforts to
institute a sterile area access system or method that will enhance
security by properly identifying authorized airline flight deck and
cabin crew members at screening checkpoints and granting them expedited
access through screening checkpoints. The Administrator shall include
in the report recommendations on the feasibility of implementing the
system for the domestic aviation industry beginning 1 year after the
date on which the report is submitted. The Administrator shall begin
full implementation of the system or method not later than 1 year after
the date on which the Administrator transmits the report.
SEC. 17. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING CENTER.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of Homeland Security shall enhance and
maximize the Department of Homeland Security's National Explosives
Detection Canine Team Program by doubling its existing capacity so that
up to 100 additional canine teams can be brought on each year, a
certain number of which shall be dedicated to high risk areas, as
determined by the Secretary.
(b) Deployment.--The Secretary shall use the canine teams as part
of the Department's layers of defense across all modes of the
transportation network and in other areas, as deemed appropriate by the
Secretary.
(c) Canine Procurement.--The Secretary of Homeland Security is
encouraged to consider the potential benefits of establishing new
canine procurement partnerships throughout the United States in order
to provide a reliable and consistent source of dogs for the
Department's national explosive detection canine team program.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2008 and 2009.
Calendar No. 68
110th CONGRESS
1st Session
S. 509
[Report No. 110-31]
_______________________________________________________________________
A BILL
To provide improved aviation security, and for other purposes.
_______________________________________________________________________
March 5, 2007
Reported with amendments