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[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
```