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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 165 Reported in Senate (RS)]

                                                        Calendar No. 76
108th CONGRESS
  1st Session
                                 S. 165

                          [Report No. 108-38]

                     To improve air cargo security.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2003

    Mrs. Hutchison (for herself and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             April 24, 2003

Reported under authority of the order of the Senate of April 11, 2003, 
                     by Mr. McCain, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
                     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).''.

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:
<DELETED>``Sec. 44922. Regular inspections of air cargo shipping 
              facilities</DELETED>
``Sec. 44923. 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:

``<DELETED>44922. </DELETED>44923. 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:
<DELETED>``Sec.  44923. Air cargo security</DELETED>
``Sec.  44924. 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) Suspension or revocation of certificate.--The 
        Secretary, as appropriate, shall suspend or revoke any 
certificate or authority issued under chapter 411 to an indirect air 
carrier immediately upon the recommendation of the Under Secretary. Any 
indirect air carrier whose certificate is suspended or revoked under 
this subparagraph may appeal the suspension or revocation in accordance 
with procedures established under this title for the appeal of 
suspensions and revocations.
            ``(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 45 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) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Transportation for Security such 
sums as may be necessary to carry out this section.
    (e) 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:

``<DELETED>44923. </DELETED>44924. 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 
        45 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) Aliens Covered by Waiting Period.--Subsection (a) of section 
44939 of title 49, United States Code, is amended--
            (1) by resetting the text of subsection (a) after ``(a) 
        Waiting Period.--'' as a new paragraph 2 ems from the left 
        margin;
            (2) by striking ``A person'' in that new paragraph and 
        inserting ``(1) In general.--A person'';
            (3) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (4) by striking ``any aircraft having a maximum 
        certificated takeoff weight of 12,500 pounds or more'' and 
        inserting ``an aircraft'';
            (5) by striking ``paragraph (1)'' in paragraph (1)(B), as 
        redesignated, and inserting ``subparagraph (A)''; and
            (6) by adding at the end the following:
            ``(2) Exception.--The requirements of paragraph (1) shall 
        not apply to an alien who--
                    ``(A) has earned a Federal Aviation Administration 
                type rating in an aircraft; or
                    ``(B) 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.''.
    (b) Covered Training.--Section 44936(c) of title 49, United States 
Code, is amended to read as follows:
    ``(c) Covered Training.--
            ``(1) In general.--For purposes of subsection (a), training 
        includes in-flight training, training in a simulator, and any 
        other form or aspect of training.
            ``(2) Exception.--For the purposes of subsection (a), 
        training does not include classroom instruction (also known as 
        ground training), which may be provided to an alien during the 
        45-day period applicable to the alien under that subsection.''.
    (c) Procedures.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Attorney General shall promulgate 
        regulations to implement section 44939 of title 49, United 
        States Code.
            (2) Use of overseas facilities.--In order to implement the 
        amendments made to section 44939 of title 49, United States 
        Code, by this section, United States Embassies and Consulates 
that have fingerprinting capability shall provide fingerprinting 
services to aliens covered by that section if the Attorney General 
requires their fingerprinting in the administration of that section, 
and transmit the fingerprints to the Department of Justice and any 
other appropriate agency. The Attorney General shall cooperate with the 
Secretary of State to carry out this paragraph.
    (d) Effective Date.--Not later than 120 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations to implement the amendments made by this section. The 
Attorney General may not interrupt or prevent the training of any 
person described in section 44939(a)(1) of title 49, United States 
Code, who commenced training on aircraft with a maximum certificated 
takeoff weight of 12,500 pounds or less before, or within 120 days 
after, the date of enactment of this Act unless the Attorney General 
determines that the person represents a risk to aviation or national 
security.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation and the Attorney General 
shall jointly 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 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.
    (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.''.
    (d) 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).

    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). The report shall also 
include actions taken to date, countermeasures, risk mitigation, and 
other activities. The report may be submitted in classified form.

                                                        Calendar No. 76

108th CONGRESS

  1st Session

                                 S. 165

                          [Report No. 108-38]

_______________________________________________________________________

                                 A BILL

                     To improve air cargo security.

_______________________________________________________________________

                             April 24, 2003

                        Reported with amendments
```