II 

110TH CONGRESS 

1ST SESSION S. 509 

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, and 

Mr. LAUTENBERG) introduced the following bill; which was read twice 

and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide improved aviation security, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Aviation Security Improvement Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

1 SEC. 2. EXTENSION OF AUTHORIZATION FOR AVIATION SE2 CURITY FUNDING. 

3 Section 48301(a) of title 49, United States Code, is 

4 amended by striking ‘‘and 2006’’ and inserting ‘‘2006, 

5 2007, 2008, and 2009’’. 

6 SEC. 3. PASSENGER AIRCRAFT CARGO SCREENING. 

7 (a) IN GENERAL.—Section 44901 of title 49, United 

8 States Code, is amended— 

9 (1) by redesignating subsections (g) and (h) as 

10 subsections (h) and (i), respectively; and 

11 (2) by inserting after subsection (f) the fol12 lowing: 

13 ‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.— 

14 ‘‘(1) IN GENERAL.—Not later than 3 years 

15 after the date of enactment of the Aviation Security 

16 Improvement Act, the Secretary of Homeland Secu17 rity, acting through the Administrator of the Trans18 portation Security Administration, shall establish a 


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1 system to screen all cargo transported on passenger 

2 aircraft operated by an air carrier or foreign air car3 rier in air transportation or intrastate air transpor4 tation to ensure the security of all such passenger 

5 aircraft carrying cargo. 

6 ‘‘(2) MINIMUM STANDARDS.—The system re7 ferred to in paragraph (1) shall require, at a min8 imum, that the equipment, technology, procedures, 

9 personnel, or other methods determined by the Ad10 ministrator of the Transportation Security Adminis11 tration, provide a level of security comparable to the 

12 level of security in effect for passenger checked bag13 gage. 

14 ‘‘(3) REGULATIONS.— 

15 ‘‘(A) INTERIM FINAL RULE.—The Sec16 retary of Homeland Security may issue an in17 terim final rule as a temporary regulation to 

18 implement this subsection without regard to the 

19 provisions of chapter 5 of title 5. 

20 ‘‘(B) FINAL RULE.— 

21 ‘‘(i) IN GENERAL.—If the Secretary 

22 issues an interim final rule under subpara23 graph (A), the Secretary shall issue, not 

24 later than 1 year after the effective date of 

25 the interim final rule, a final rule as a perVerDate Aug 31 2005 01:13 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509

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1 manent regulation to implement this sub2 section in accordance with the provisions of 

3 chapter 5 of title 5. 

4 ‘‘(ii) FAILURE TO ACT.—If the Sec5 retary does not issue a final rule in accord6 ance with clause (i) on or before the last 

7 day of the 1-year period referred to in 

8 clause (i), the Secretary shall submit a re9 port to the Congress explaining why the 

10 final rule was not timely issued and pro11 viding an estimate of the earliest date on 

12 which the final rule will be issued. The 

13 Secretary shall submit the first such report 

14 within 10 days after such last day and 

15 submit a report to the Congress containing 

16 updated information every 60 days there17 after until the final rule is issued. 

18 ‘‘(iii) SUPERSEDING OF INTERIM

19 FINAL RULE.—The final rule issued in ac20 cordance with this subparagraph shall su21 persede the interim final rule issued under 

22 subparagraph (A). 

23 ‘‘(4) REPORT.—Not later than 1 year after the 

24 date on which the system required by paragraph (1) 


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1 is established, the Secretary shall transmit a report 

2 to Congress that details and explains the system.’’. 

3 (b) ASSESSMENT OF EXEMPTIONS.— 

4 (1) TSA ASSESSMENT OF EXEMPTIONS.— 

5 (A) IN GENERAL.—Not later than 180 

6 days after the date of enactment of this Act, 

7 the Secretary of Homeland Security, through 

8 the Administrator of the Transportation Secu9 rity Administration, shall submit a report to 

10 Congress and to the Comptroller General con11 taining an assessment of each exemption grant12 ed under section 44901(i) of title 49, United 

13 States Code, for the screening required by sec14 tion 44901(g)(1) of that title for cargo trans15 ported on passenger aircraft and an analysis to 

16 assess the risk of maintaining such exemption. 

17 The Secretary may submit the report in both 

18 classified and redacted formats if the Secretary 

19 determines that such action is appropriate or 

20 necessary. 

21 (B) CONTENTS.—The report shall in22 clude— 

23 (i) the rationale for each exemption; 


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1 (ii) a statement of the percentage of 

2 cargo that is not screened as a result of 

3 each exemption; 

4 (iii) the impact of each exemption on 

5 aviation security; 

6 (iv) the projected impact on the flow 

7 of commerce of eliminating such exemp8 tion; 

9 (v) a statement of any plans, and the 

10 rationale, for maintaining, changing, or 

11 eliminating each exemption. 

12 (2) GAO ASSESSMENT.—Not later than 120 

13 days after the date on which the report required 

14 under paragraph (1) is submitted, the Comptroller 

15 General shall review the report and provide to Con16 gress an assessment of the methodology used for de17 terminations made by the Secretary for maintaining, 

18 changing, or eliminating an exemption. 

19 SEC. 4. BLAST-RESISTANT CARGO CONTAINERS. 

20 Section 44901 of title 49, United States Code, is 

21 amended by adding at the end thereof the following: 

22 ‘‘(i) BLAST-RESISTANT CARGO CONTAINERS.— 

23 ‘‘(1) IN GENERAL.—Before January 1, 2008, 

24 the Administrator of the Transportation Security 

25 Administration shall— 


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1 ‘‘(A) evaluate the results of the blast-re2 sistant cargo container pilot program instituted 

3 before the date of enactment of the Aviation Se4 curity Improvement Act; 

5 ‘‘(B) based on that evaluation, begin the 

6 acquisition of a sufficient number of blast-re7 sistant cargo containers to meet the require8 ments of the Transportation Security Adminis9 tration’s cargo security program under para10 graph (2); and 

11 ‘‘(C) develop a system under which the Ad12 ministrator— 

13 ‘‘(i) will make such containers avail14 able for use by passenger aircraft operated 

15 by air carriers or foreign air carriers in air 

16 transportation or intrastate air transpor17 tation on a random or risk-assessment 

18 basis as determined by the Administrator, 

19 in sufficient number to enable the carriers 

20 to meet the requirements of the Adminis21 tration’s cargo security system; and 

22 ‘‘(ii) provide for the storage, mainte23 nance, and distribution of such containers. 

24 ‘‘(2) DISTRIBUTION TO AIR CARRIERS.—Within 

25 90 days after the date on which the Administrator 


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1 completes development of the system required by 

2 paragraph (1)(C), the Administrator of the Trans3 portation Security Administration shall implement 

4 that system and begin making blast-resistant cargo 

5 containers available to such carriers as necessary.’’. 

6 SEC. 5. PROTECTION OF AIR CARGO ON PASSENGER 

7 PLANES FROM EXPLOSIVES. 

8 (a) TECHNOLOGY RESEARCH AND PILOT

9 PROJECTS.— 

10 (1) RESEARCH AND DEVELOPMENT.—The Sec11 retary of Homeland Security shall expedite research 

12 and development for technology that can disrupt or 

13 prevent an explosive device from being introduced 

14 onto a passenger plane or from damaging a pas15 senger plane while in flight or on the ground. The 

16 research shall include blast resistant cargo con17 tainers and other promising technology and will be 

18 used in concert with implementation of section 4 of 

19 this Act. 

20 (2) PILOT PROJECTS.—The Secretary, in con21 junction with the Secretary of Transportation, shall 

22 establish a grant program to fund pilot projects— 

23 (A) to deploy technologies described in 

24 paragraph (1); and 


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1 (B) to test technology to expedite the re2 covery, development, and analysis of informa3 tion from aircraft accidents to determine the 

4 cause of the accident, including deployable 

5 flight deck and voice recorders and remote loca6 tion recording devices. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary of 

9 Homeland Security for fiscal year 2008 such sums as may 

10 be necessary to carry out this section, such funds to re11 main available until expended. 

12 SEC. 6. IN-LINE BAGGAGE SCREENING. 

13 (a) EXTENSION OF AUTHORIZATION.—Section 

14 44923(i)(1) of title 49, United States Code, is amended 

15 by striking ‘‘2007.’’ and inserting ‘‘2007, and 

16 $450,000,000 for each of fiscal years 2008 and 2009.’’. 

17 (b) REPORT.—Within 30 days after the date of enact18 ment of this Act, the Secretary of Homeland Security shall 

19 submit the report the Secretary was required by section 

20 4019(d) of the Intelligence Reform and Terrorism Preven21 tion Act of 2004 (49 U.S.C. 44901 note) to have sub22 mitted in conjunction with the submission of the budget 

23 for fiscal year 2006. 


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1 SEC. 7. ENHANCEMENT OF IN-LINE BAGGAGE SYSTEM DE2 PLOYMENT. 

3 (a) IN GENERAL.—Section 44923 of title 49, United 

4 States Code, is amended— 

5 (1) by striking ‘‘may’’ in subsection (a) and in6 serting ‘‘shall’’; 

7 (2) by striking ‘‘may’’ in subsection (d)(1) and 

8 inserting ‘‘shall’’; 

9 (3) by striking ‘‘2007’’ in subsection (h)(1) and 

10 inserting ‘‘2028’’; 

11 (4) by striking paragraphs (2) and (3) of sub12 section (h) and inserting the following: 

13 ‘‘(2) ALLOCATION.—Of the amount made avail14 able under paragraph (1) for a fiscal year, not less 

15 than $200,000,000 shall be allocated to fulfill letters 

16 of intent issued under subsection (d). 

17 ‘‘(3) DISCRETIONARY GRANTS.—Of the amount 

18 made available under paragraph (1) for a fiscal year, 

19 up to $50,000,000 shall be used to make discre20 tionary grants, with priority given to small hub air21 ports and non-hub airports.’’; and 

22 (5) by redesignating subsection (i) as subsection 

23 (j) and inserting after subsection (h) the following: 

24 ‘‘(i) LEVERAGED FUNDING.—For purposes of this 

25 section, a grant under subsection (a) to an airport sponsor 

26 to service an obligation issued by or on behalf of that sponVerDate Aug 31 2005 01:13 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509

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1 sor to fund a project described in subsection (a) shall be 

2 considered to be a grant for that project.’’. 

3 (b) PRIORITIZATION OF PROJECTS.— 

4 (1) IN GENERAL.—The Administrator shall cre5 ate a prioritization schedule for airport security im6 provement projects described in section 44923(b) of 

7 title 49, United States Code, based on risk and 

8 other relevant factors, to be funded under the grant 

9 program provided by that section. The schedule shall 

10 include both hub airports (as defined in section 

11 41731(a)(3) of title 49, United States Code) and 

12 nonhub airports (as defined in section 41731(a)4) of 

13 title 49, United States Code). 

14 (2) AIRPORTS THAT HAVE COMMENCED

15 PROJECTS.—The schedule shall include airports that 

16 have incurred eligible costs associated with develop17 ment of partial in-line baggage systems before the 

18 date of enactment of this Act in reasonable anticipa19 tion of receiving a grant under section 44923 of title 

20 49, United States Code, in reimbursement of those 

21 costs but that have not received such a grant. 

22 (3) REPORT.—Within 180 days after the date 

23 of enactment of this Act, the Administrator shall 

24 provide a copy of the prioritization schedule, a cor25 responding timeline, and a description of the funding 


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1 allocation under section 44923 of title 49, United 

2 States Code, to the Senate Committee on Commerce, 

3 Science, and Transportation and the House of Rep4 resentatives Committee on Homeland Security. 

5 SEC. 8. RESEARCH AND DEVELOPMENT OF AVIATION 

6 TRANSPORTATION SECURITY TECHNOLOGY. 

7 Section 137(a) of the Aviation and Transportation 

8 Security Act (49 U.S.C. 44912 note) is amended— 

9 (1) by striking ‘‘2002 through 2006,’’ and in10 serting ‘‘2006 through 2009,’’; 

11 (2) by striking ‘‘aviation’’ and inserting ‘‘trans12 portation’’; and 

13 (3) by striking ‘‘2002 and 2003’’ and inserting 

14 ‘‘2006 through 2009’’. 

15 SEC. 9. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO 

16 APPLY. 

17 (a) IN GENERAL.—Notwithstanding any provision of 

18 law to the contrary, any statutory limitation on the num19 ber of employees in the Transportation Security Adminis20 tration, before or after its transfer to the Department of 

21 Homeland Security from the Department of Transpor22 tation, does not apply after fiscal year 2007. 

23 (b) AVIATION SECURITY.—Notwithstanding any pro24 vision of law imposing a limitation on the recruiting or 

25 hiring of personnel into the Transportation Security AdVerDate Aug 31 2005 01:13 Feb 09, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S509.IS S509

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1 ministration to a maximum number of permanent posi2 tions, the Secretary of Homeland Security shall recruit 

3 and hire such personnel into the Administration as may 

4 be necessary— 

5 (1) to provide appropriate levels of aviation se6 curity; and 

7 (2) to accomplish that goal in such a manner 

8 that the average aviation security-related delay expe9 rienced by airline passengers is reduced to a level of 

10 less than 10 minutes. 

11 SEC. 10. SPECIALIZED TRAINING. 

12 The Administrator of the Transportation Security 

13 Administration shall provide advanced training to trans14 portation security officers for the development of special15 ized security skills, including behavior observation and 

16 analysis, explosives detection, and document examination, 

17 in order to enhance the effectiveness of layered transpor18 tation security measures. 

19 SEC. 11. EXPLOSIVE DETECTION AT PASSENGER SCREEN20 ING CHECKPOINTS. 

21 (a) IN GENERAL.—Within 90 days after the date of 

22 enactment of this Act, the Secretary of Homeland Security 

23 shall issue the strategic plan the Secretary was required 

24 by section 44925(a) of title 49, United States Code, to 

25 have issued within 90 days after the date of enactment 


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1 of the Intelligence Reform and Terrorism Prevention Act 

2 of 2004. 

3 (b) DEPLOYMENT.—Section 44925(b) of title 49, 

4 United States Code, is amended by adding at the end 

5 thereof the following: 

6 ‘‘(3) FULL DEPLOYMENT.—The Secretary shall 

7 fully implement the strategic plan within 1 year 

8 after the date of enactment of the Aviation Security 

9 Improvement Act.’’. 

10 SEC. 12. APPEAL AND REDRESS PROCESS FOR PAS11 SENGERS WRONGLY DELAYED OR PROHIB12 ITED FROM BOARDING A FLIGHT. 

13 (a) IN GENERAL.—Subtitle C of title IV of the 

14 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 431. APPEAL AND REDRESS PROCESS FOR PAS17 SENGERS WRONGLY DELAYED OR PROHIB18 ITED FROM BOARDING A FLIGHT. 

19 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

20 timely and fair process for individuals who believe they 

21 have been delayed or prohibited from boarding a commer22 cial aircraft because they were wrongly identified as a 

23 threat under the regimes utilized by the Transportation 

24 Security Administration, the Bureau of Customs and Bor25 der Protection, or any other Department entity. 


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1 ‘‘(b) OFFICE OF APPEALS AND REDRESS.— 

2 ‘‘(1) ESTABLISHMENT.—The Secretary shall es3 tablish an Office of Appeals and Redress to oversee 

4 the process established by the Secretary pursuant to 

5 subsection (a). 

6 ‘‘(2) RECORDS.—The process established by the 

7 Secretary pursuant to subsection (a) shall include 

8 the establishment of a method by which the Office 

9 of Appeals and Redress, under the direction of the 

10 Secretary, will be able to maintain a record of air 

11 carrier passengers and other individuals who have 

12 been misidentified and have corrected erroneous in13 formation. 

14 ‘‘(3) INFORMATION.—To prevent repeated 

15 delays of an misidentified passenger or other indi16 vidual, the Office of Appeals and Redress shall— 

17 ‘‘(A) ensure that the records maintained 

18 under this subsection contain information deter19 mined by the Secretary to authenticate the 

20 identity of such a passenger or individual; and 

21 ‘‘(B) furnish to the Transportation Secu22 rity Administration, the Bureau of Customs 

23 and Border Protection, or any other appro24 priate Department entity, upon request, such 

25 information as may be necessary to allow such 


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1 agencies to assist air carriers in improving their 

2 administration of the advanced passenger 

3 prescreening system and reduce the number of 

4 false positives.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of such Act is amended by inserting after 

7 the item relating to section 430 the following: 

‘‘431. Appeal and redress process for passengers wrongly delayed or prohibited 

from boarding a flight.’’. 

8 SEC. 13. STRATEGIC PLAN TO TEST AND IMPLEMENT AD9 VANCED PASSENGER PRESCREENING SYS10 TEM. 

11 Not later than 180 days after the date of enactment 

12 of this Act, the Secretary of Homeland Security, in con13 sultation with the Administrator of the Transportation Se14 curity Administration, shall submit to the Congress a plan 

15 that— 

16 (1) describes the system to be utilized by the 

17 Department of Homeland Security to assume the 

18 performance of comparing passenger information, as 

19 defined by the Administrator of the Transportation 

20 Security Administration, to the automatic selectee 

21 and no-fly lists, utilizing appropriate records in the 

22 consolidated and integrated terrorist watchlist main23 tained by the Federal government; 


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1 (2) provides a projected timeline for each phase 

2 of testing and implementation of the system; 

3 (3) explains how the system will be integrated 

4 with the prescreening system for passengers on 

5 international flights; and 

6 (4) describes how the system complies with sec7 tion 552a of title 5, United States Code. 

8 SEC. 14. REPAIR STATION SECURITY. 

9 (a) CERTIFICATION OF FOREIGN REPAIR STATIONS

10 SUSPENSION.—If the regulations required by section 

11 44924(f) of title 49, United States Code, are not issued 

12 within 90 days after the date of enactment of this Act, 

13 the Administrator of the Federal Aviation Administration 

14 may not certify any foreign repair station under part 145 

15 of title 14, Code of Federal Regulations, after such 90th 

16 day unless the station was previously certified by the Ad17 ministration under that part. 

18 (b) 6-MONTH DEADLINE FOR SECURITY REVIEW

19 AND AUDIT.—Subsections (a) and (d) of section 44924 

20 of title 49, United States Code, are each amended by strik21 ing ‘‘18 months’’ and inserting ‘‘6 months’’. 

22 SEC. 15. GENERAL AVIATION SECURITY. 

23 Section 44901 of title 49, United States Code, is 

24 amended by adding at the end thereof the following: 


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1 ‘‘(i) GENERAL AVIATION AIRPORT SECURITY PRO2 GRAM.— 

3 ‘‘(1) IN GENERAL.—Within 1 year after the 

4 date of enactment of the Aviation Security Improve5 ment Act the Administrator of the Transportation 

6 Security Administration shall— 

7 ‘‘(A) develop a standardized threat and 

8 vulnerability assessment program for general 

9 aviation airports (as defined in section 

10 47135(m)); and 

11 ‘‘(B) implement a program to perform 

12 such assessments on a risk-assessment basis at 

13 general aviation airports. 

14 ‘‘(2) GRANT PROGRAM.—Within 6 months after 

15 date of enactment of the Aviation Security Improve16 ment Act the Administrator shall initiate and com17 plete a study of the feasibility of a program, based 

18 on a risk-managed approach, to provide grants to 

19 general aviation airport operators for projects to up20 grade security at general aviation airports (as de21 fined in section 47135(m)). If the Administrator de22 termines that such a program is feasible, the Admin23 istrator shall establish such a program. 

24 ‘‘(3) APPLICATION TO FOREIGN-REGISTERED

25 GENERAL AVIATION AIRCRAFT.—Within 180 days 


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1 after the date of enactment of the Aviation Security 

2 Improvement Act, the Administrator shall develop a 

3 risk-based system under which— 

4 ‘‘(A) foreign-registered general aviation 

5 aircraft, as identified by the Administrator, in 

6 coordination with the Administrator of the Fed7 eral Aviation Administration, are required to 

8 submit passenger information to the Transpor9 tation Security Administration before entering 

10 United States airspace; and 

11 ‘‘(B) such information is checked against 

12 appropriate databases maintained by the Trans13 portation Security Administration.’’. 

14 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to the Sec16 retary of Homeland Security such sums as may be 

17 necessary to carry out any program established 

18 under paragraph (2).’’. 

19 SEC. 16. SECURITY CREDENTIALS FOR AIRLINE CREWS. 

20 Within 180 days after the date of enactment of this 

21 Act, the Administrator of the Transportation Security Ad22 ministration shall, after consultation with airline, airport, 

23 and flight crew representatives, transmit a report to the 

24 Senate Committee on Commerce, Science, and Transpor25 tation and the House of Representatives Committee on 


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1 Transportation and Infrastructure on the status of its ef2 forts to institute a sterile area access system or method 

3 that will enhance security by properly identifying author4 ized airline flight deck and cabin crew members at screen5 ing checkpoints and granting them expedited access 

6 through screening checkpoints. The Administrator shall 

7 include in the report recommendations on the feasibility 

8 of implementing the system for the domestic aviation in9 dustry beginning 1 year after the date on which the report 

10 is submitted. The Administrator shall begin full implemen11 tation of the system or method not later than 1 year after 

12 the date on which the Administrator transmits the report. 

Æ 


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