II 

Calendar No. 808 

108TH CONGRESS 

2D SESSION S. 2393 

[Report No. 108–417] 

To improve aviation security. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2004 

Mr. ROCKEFELLER (for himself, Mr. MCCAIN, Mr. HOLLINGS, Mr. LAUTENBERG, Mr. NELSON of Florida, and Ms. SNOWE) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

NOVEMBER 19, 2004 

Reported by Mr. MCCAIN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To improve aviation security. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aviation Security Ad5 vancement Act’’. 
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1 SEC. 2. AVIATION SECURITY STAFFING. 

2 SEC. 2. IMPROVED PILOT LICENSES. 

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

4 enactment of this Act, the Federal Aviation Administrator 

5 shall develop a system for the issuance of any pilot’s license 

6 issued more than 180 days after the date of enactment of 

7 this Act that— 

8 (1) are resistant to tampering, alteration, and 

9 counterfeiting; 

10 (2) include a photograph of the individual to 

11 whom the license is issued; and 

12 (3) are capable of accommodating a digital pho13 tograph, a biometric measure, or other unique identi14 fier that provides a means of— 

15 (A) ensuring its validity; and 

16 (B) revealing whether any component or se17 curity feature of the license has been com18 promised. 

19 (b) USE OF DESIGNEES.—The Administrator of the 

20 Federal Aviation Administration shall use designees to 

21 carry out subsection (a) to the extent feasible in order to 

22 minimize the burden of such requirements on pilots. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated to the Administrator for fis25 cal year 2005, $50,000,000 to carry out subsection (a). 
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1 SEC. 3. AIRCRAFT CHARTER CUSTOMER SCREENING. 

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

3 enactment of this Act, the Secretary of Homeland Security 

4 shall implement a procedure under which— 

5 (1) any person engaged in the business of char6 tering fixed wing or rotary aircraft to the public may 

7 contact the Transportation Security Administration 

8 before permitting passengers to board the aircraft for 

9 the first time; 

10 (2) the Transportation Security Administration 

11 immediately will compare information about the in12 dividual seeking to charter an aircraft and any pas13 sengers proposed to be transported onboard the air14 craft with a comprehensive, consolidated database 

15 containing information about known or suspected ter16 rorists and their associates; and 

17 (3) control of the aircraft will not be relin18 quished if the Transportation Security Agency deter19 mines that such individual, pilot, or passenger is 

20 identified as a flight security or terrorism risk. 

21 (b) PRIVACY SAFEGUARDS.—Under the procedure, the 

22 Secretary shall ensure that— 

23 (1) the person required to compare the informa24 tion will not be given any information about the in25 dividual whose name is being checked other than 
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1 whether permission to charter the aircraft is granted 

2 or denied; and 

3 (2) an individual denied access to an aircraft 

4 under the procedure is given an opportunity to con5 sult the Transportation Security Agency immediately, 

6 or as expeditiously as practicable, for the purpose of 

7 correcting mis-identification errors, resolving confu8 sion resulting from names that are the same as or 

9 similar to names on the list, or addressing other erro10 neous information that may have resulted in the de11 nial. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated to the Secretary of Homeland 

14 Security such sums as may be necessary to carry out the 

15 provisions of this section. 

16 SEC. 4. AIRCRAFT RENTAL CUSTOMER SCREENING. 

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

18 enactment of this Act, the Secretary of Homeland Security 

19 shall implement a procedure under which— 

20 (1) any person engaged in the business of renting 

21 fixed wing or rotary aircraft to the public may con22 tact the Transportation Security Administration be23 fore permitting an individual seeking to rent an air24 craft to have access to the aircraft for the first time; 
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1 (2) the Transportation Security Administration 

2 immediately will compare information about the in3 dividual seeking to rent the aircraft with a com4 prehensive, consolidated database containing informa5 tion about known or suspected terrorists and their as6 sociates; and 

7 (3) the individual will not be permitted to take 

8 control of the aircraft if the Transportation Security 

9 Agency determines that the individual is a flight se10 curity or terrorism risk. 

11 (b) PILOT PROGRAM.—Before fully implementing the 

12 program under subsection (a), the Secretary shall test the 

13 program through a demonstration project. 

14 (c) PRIVACY SAFEGUARDS.—Under the procedure, the 

15 Secretary shall ensure that— 

16 (1) the person required to compare the informa17 tion will not be given any information about the in18 dividual whose name is being checked other than 

19 whether permission to rent the aircraft is granted or 

20 denied; and 

21 (2) an individual denied access to an aircraft 

22 under the procedure is given an opportunity to con23 sult the Transportation Security Agency immediately, 

24 or as expeditiously as practicable, for the purpose of 

25 correcting mis-identification errors, resolving confu-
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1 sion resulting from names that are the same as or 

2 similar to names on the list, or addressing other erro3 neous information that may have resulted in the de4 nial. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated to the Secretary of Homeland 

7 Security such sums as may be necessary to carry out the 

8 provisions of this section. 

9 SEC. 5. AVIATION SECURITY STAFFING. 

10 (a) STAFFING LEVEL STANDARDS.— 

11 (1) DEVELOPMENT OF STANDARDS.—Within 90 

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

13 Secretary of Homeland Security, in consultation 

14 with the Secretary of Transportation and Federal 

15 Security Directors, shall develop standards for deter16 mining the appropriate aviation security staffing 

17 standards for all commercial airports in the United 

18 States necessary— 

19 (A) to provide necessary levels of aviation 

20 security; and 

21 (B) to ensure that the average aviation se22 curity-related delay experienced by airline pas23 sengers does not exceed 10 minutes. is mini24 mized. 
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1 (2) GAO ANALYSIS.—The Comptroller General 

2 shall, as soon as practicable after the date on which 

3 the Secretary of Homeland Security has developed 

4 standards under paragraph (1), conduct an expe5 dited analysis of the standards for effectiveness, ad6 ministrability, ease of compliance, and consistency 

7 with the requirements of existing law. 

8 (3) REPORT TO CONGRESS.—Within 120 days 

9 after the date of enactment of this Act, the Sec10 retary of Homeland Security and the Comptroller 

11 General shall transmit a report to the Senate Com12 mittee on Commerce, Science, and Transportation 

13 and the House of Representatives Committee on 

14 Transportation and Infrastructure on the standards 

15 developed under paragraph (1), together with rec16 ommendations for further improving the efficiency 

17 and effectiveness of the screening process. 

18 (b) INTEGRATION OF FEDERAL AIRPORT WORK19 FORCE AND AVIATION SECURITY.—The Secretary of 

20 Homeland Security shall conduct a study of the feasibility 

21 of combining operations of Federal employees involved in 

22 screening at commercial airports and aviation security re23 lated functions under the aegis of the Department of 

24 Homeland Security in order to coordinate security-related 

25 activities, increase the efficiency and effectiveness of those 
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1 activities, and increase commercial air transportation se2 curity. 

3 SEC. 3. IMPROVED AIR CARGO AND AIRPORT SECURITY. 

4 SEC. 6. IMPROVED AIR CARGO AND AIRPORT SECURITY. 

5 (a) IN GENERAL.—There are authorized to be appro6 priated to the Secretary of Homeland Security for the use 

7 of the Transportation Security Administration, in addition 

8 to any amounts otherwise authorized by law, for the pur9 pose of improving aviation security related to the transpor10 tation of cargo on both passenger aircraft and all-cargo 

11 aircraft— 

12 (1) $200,000,000 for fiscal year 2005; 

13 (2) $200,000,000 for fiscal year 2006; and 

14 (3) $200,000,000 for fiscal year 2007. 

15 (b) NEXT-GENERATION CARGO SECURITY GRANT

16 PROGRAM.— 

17 (1) IN GENERAL.—The Secretary shall establish 

18 and carry out a grant program to facilitate the de19 velopment, testing, purchase, and deployment of 

20 next-generation air cargo security technology. The 

21 Secretary shall establish such eligibility criteria, es22 tablish such application and administrative proce23 dures, and provide for such matching funding re24 quirements, if any, as may be necessary and appro-
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1 priate to ensure that the technology is deployed as 

2 fully and as rapidly as practicable. 

3 (2) RESEARCH AND DEVELOPMENT; DEPLOY4 MENT.—To carry out paragraph (1), there are au5 thorized to be appropriated to the Secretary for re6 search and development related to next-generation 

7 air cargo security technology as well as for deploy8 ment and installation of next-generation air cargo 

9 security technology, such sums are to remain avail10 able until expended— 

11 (A) $100,000,000 for fiscal year 2005; 

12 (B) $100,000,000 for fiscal year 2006; and 

13 (C) $100,000,000 for fiscal year 2007. 

14 (c) AUTHORIZATION FOR EXPIRING AND NEW

15 LOIS.—There are authorized to be appropriated to the 

16 Secretary $150,000,000 for each of fiscal years 2005 

17 through 2007 to fund projects and activities for which let18 ters of intent are issued under section 44923 of title 49, 

19 United States Code, after the date of enactment of this 

20 Act. 

21 (c) AUTHORIZATION FOR EXPIRING AND NEW LOIS.— 

22 (1) IN GENERAL.—There are authorized to be ap23 propriated to the Secretary $150,000,000 for each of 

24 fiscal years 2005 through 2007 to fund projects and 

25 activities for which letters of intent are issued under 
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1 section 44923 of title 49, United States Code, after the 

2 date of enactment of this Act. 

3 (2) PERIOD OF REIMBURSEMENT.—Notwith4 standing any other provision of law, the Secretary 

5 may provide that the period of reimbursement under 

6 any letter of intent may extend for a period not to 

7 exceed 10 years after the date that the Secretary 

8 issues such letter, subject to the availability of appro9 priations. This paragraph applies to letters of intent 

10 issued under section 44923 of title 49, United States 

11 Code, or section 367 of the Department of Transpor12 tation and Related Agencies Appropriation Act, 2003 

13 (49 U.S.C. 47110 note). 

14 (d) REPORTS.—The Secretary shall transmit periodic 

15 reports no less frequently than every 6 months an annual 

16 report to the Senate Committee on Commerce, Science, 

17 and Transportation and the House of Representatives 

18 Committee on Transportation and Infrastructure on— 

19 (1) the progress being made toward, and the 

20 status of, deployment and installation of next-gen21 eration air cargo security technology under sub22 section (b); and 

23 (2) the amount and purpose of grants under 

24 subsection (b) and the locations of projects funded 

25 by such grants. 
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1 SEC. 4. AIR CARGO SECURITY MEASURES. 

2 SEC. 7. AIR CARGO SECURITY MEASURES. 

3 (a) ENHANCEMENT OF AIR CARGO SECURITY.—The 

4 Secretary of Homeland Security, in consultation with the 

5 Secretary of Transportation, shall develop and implement 

6 a plan to enhance air cargo security at airports for com7 mercial passenger and cargo aircraft that incorporates the 

8 recommendations made by the Cargo Security Working 

9 Group of the Aviation Security Advisory Committee. 

10 (b) SUPPLY CHAIN SECURITY.—The Administrator 

11 of the Transportation Security Administration shall— 

12 (1) promulgate regulations requiring the evalua13 tion of indirect air carriers and ground handling 

14 agents, including background checks and checks 

15 against all Administration watch lists; and 

16 (2) evaluate the potential efficacy of increased 

17 use of canine detection teams to inspect air cargo on 

18 passenger and all-cargo aircraft. 

19 (c) INCREASED CARGO INSPECTIONS.—Within 1 year 

20 after the date of enactment of this Act, the Secretary of 

21 Homeland Security shall require that the volume of prop22 erty screened or inspected is at least two-fold the volume 

23 that is screened or inspected on the date of enactment of 

24 this Act. For purposes of the preceding sentence, the term 

25 ‘‘property’’ means mail, cargo, and other articles carried 
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1 aboard a passenger aircraft operated by an air carrier or 

2 foreign air carrier in air transportation. 

3 (c) (d) ALL-CARGO AIRCRAFT SECURITY.—Sub4 chapter I of chapter 449, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘§ 44925. All-cargo aircraft security 

7 ‘‘(a) ACCESS TO FLIGHT DECK.—Within 180 days 

8 after the date of enactment of this Act, the Administrator 

9 of the Transportation Security Administration, in coordi10 nation with the Federal Aviation Administrator, shall— 

11 ‘‘(1) issue an order (without regard to the pro12 visions of chapter 5 of title 5)— 

13 ‘‘(A) requiring, to the extent consistent 

14 with engineering and safety standards, that all15 cargo aircraft operators engaged in air trans16 portation or intrastate air transportation main17 tain a barrier, which may include the use of a 

18 hardened cockpit door, between the aircraft 

19 flight deck and the aircraft cargo compartment 

20 sufficient to prevent unauthorized access to the 

21 flight deck from the cargo compartment, in ac22 cordance with the terms of a plan presented to 

23 and accepted by the Administrator of the 

24 Transportation Security Administration in con-
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1 sultation with the Federal Aviation Adminis2 trator; and 

3 ‘‘(B) prohibiting the possession of a key to 

4 a flight deck door by any member of the flight 

5 crew who is not assigned to the flight deck; and 

6 ‘‘(2) take such other action, including modifica7 tion of safety and security procedures and flight 

8 deck redesign, as may be necessary to ensure the 

9 safety and security of the flight deck. 

10 ‘‘(b) SCREENING AND OTHER MEASURES.—Within 1 

11 year after the date of enactment of this Act, the Adminis12 trator of the Transportation Security Administration, in 

13 coordination with the Federal Aviation Administrator, 

14 shall issue an order (without regard to the provisions of 

15 chapter 5 of title 5) requiring— 

16 ‘‘(1) all-cargo aircraft operators engaged in air 

17 transportation or intrastate air transportation to 

18 physically screen each person, and that person’s bag19 gage and personal effects, to be transported on an 

20 all-cargo aircraft engaged in air transportation or 

21 intrastate air transportation; 

22 ‘‘(2) each such aircraft to be physically 

23 searched before the first leg of the first flight of the 

24 aircraft each day, or, for inbound international oper25 ations, at aircraft operator’s option prior to the de-
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1 parture of any such flight for a point in the United 

2 States; and 

3 ‘‘(3) each such aircraft that is unattended over4 night to be secured or sealed or to have access 

5 stairs, if any, removed from the aircraft. 

6 ‘‘(c) ALTERNATIVE MEASURES.—The Administrator 

7 of the Transportation Security Administration, in coordi8 nation with the Federal Aviation Administrator, may au9 thorize alternative means of compliance with any require10 ment imposed under this section.’’. 

11 (d) (e) CONFORMING AMENDMENT.—The subchapter 

12 analysis for subchapter I of chapter 449, United States 

13 Code, is amended by adding at the end the following: 

‘‘44925. All-cargo aircraft security.’’. 

14 SEC. 5. EXPLOSIVE DETECTION SYSTEMS. 

15 SEC. 8. EXPLOSIVE DETECTION SYSTEMS. 

16 (a) IN-LINE PLACEMENT OF EXPLOSIVE-DETECTION

17 EQUIPMENT.—Within 180 days after the date of enact18 ment of this Act, the Secretary of Homeland Security shall 

19 establish a schedule for replacing trace-detection equip20 ment used for in-line baggage screening purposes as soon 

21 as practicable where appropriate with explosive detection 

22 system equipment. The Secretary shall notify the Senate 

23 Committee on Commerce, Science, and Transportation 

24 and the House of Representatives Committee on Trans25 portation and Infrastructure of the schedule and provide 
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1 an estimate of the impact of replacing such equipment, 

2 facility modification and baggage conveyor placement, on 

3 aviation security-related staffing needs and levels. 

4 (b) NEXT GENERATION EDS.—There are authorized 

5 to be appropriated to the Secretary of Homeland Security 

6 for the use of the Transportation Security Administration 

7 $100,000,000, in addition to any amounts otherwise au8 thorized by law, for the purpose of research and develop9 ment of next generation explosive detection systems for 

10 aviation security under section 44913 of title 49, United 

11 States Code. The Secretary shall develop a plan and guide12 lines for implementing improved explosive detection sys13 tem equipment. 

14 (c) PORTAL DETECTION SYSTEMS.—There are au15 thorized to be appropriated to the Secretary of Homeland 

16 Security for the use of the Transportation Security Ad17 ministration $250,000,000, in addition to any amounts 

18 otherwise authorized by law, for research and development 

19 and installation of portal detection systems or similar de20 vices for the detection of biological, radiological, and explo21 sive materials. The Secretary of Homeland Security, in 

22 consultation with the Secretary of Transportation, Secu23 rity shall establish a pilot program at not more than 10 

24 commercial service airports to evaluate the use of such 

25 systems. 
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1 (d) REPORTS.—The Secretary shall transmit periodic 

2 reports no less frequently than every 6 months an annual 

3 report to the Senate Committee on Commerce, Science, 

4 and Transportation and the House of Representatives 

5 Committee on Transportation and Infrastructure on re6 search and development projects funded under subsection 

7 (b) or (c), and the pilot program established under sub8 section (c), including cost estimates for each phase of such 

9 projects and total project costs. 

10 SEC. 6. AIR MARSHAL PROGRAM. 

11 SEC. 9. AIR MARSHAL PROGRAM. 

12 (a) CROSS-TRAINING.—The Secretary of Homeland 

13 Security shall transmit to the Senate Committee on Com14 merce, Science, and Transportation and the House of Rep15 resentatives Committee on Transportation and Infrastruc16 ture a report on the potential for cross-training of individ17 uals who serve as air marshals and on the need for pro18 viding contingency funding for air marshal operations. 

19 (b) AUTHORIZATION OF ADDITIONAL APPROPRIA20 TIONS.—There are authorized to be appropriated to the 

21 Secretary of Homeland Security for the use of the Trans22 portation Security Administration, in addition to any 

23 amounts otherwise authorized by law, for the deployment 

24 of Federal Air Marshals under section 44917 of title 49, 

25 United States Code, $83,000,000 for the 3 fiscal year pe-
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1 riod beginning with fiscal year 2005, such sums to remain 

2 available until expended. 

3 SEC. 7. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY. 

4 SEC. 10. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY. 

5 Within 90 days after the date of enactment of this 

6 Act, the Secretary of Homeland Security, in consultation 

7 with the Secretary of Transportation, shall transmit to the 

8 Senate Committee on Commerce, Science, and Transpor9 tation and the House of Representatives Committee on 

10 Transportation and Infrastructure a report on the present 

11 system for addressing lost, stolen, damaged, or pilfered 

12 baggage claims relating to air transportation security 

13 screening procedures. The report shall include— 

14 (1) information concerning the time it takes to 

15 settle such claims under the present system; 

16 (2) a comparison and analysis of the number, 

17 frequency, and nature of such claims before and 

18 after enactment of the Aviation and Transportation 

19 Security Act using data provided by the major 

20 United States airlines; and 

21 (3) recommendations on how to improve the in22 volvement and participation of the airlines in the 

23 baggage screening and handling processes and better 

24 coordinate the activities of Federal baggage screen25 ers with airline operations. 
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1 SEC. 8. REPORT ON IMPLEMENTATION OF GAO HOMELAND 

2 SECURITY INFORMATION SHARING REC3 OMMENDATIONS. 

4 SEC. 11. REPORT ON IMPLEMENTATION OF GAO HOMELAND 

5 SECURITY INFORMATION SHARING REC6 OMMENDATIONS. 

7 Within 30 days after the date of enactment of this 

8 Act, the Secretary of Homeland Security, after consulta9 tion with the heads of Federal departments and agencies 

10 concerned, shall transmit to the Senate Committee on 

11 Commerce, Science, and Transportation and the House of 

12 Representatives Committee on Transportation and Infra13 structure a report on implementation of recommendations 

14 contained in the General Accounting Office’s report titled 

15 ‘‘Homeland Security: Efforts To Improve Information 

16 Sharing Need To Be Strengthened’’ (GAO–03–760), Au17 gust, 2003. 

18 SEC. 9. AVIATION SECURITY RESEARCH AND DEVELOP19 MENT. 

20 SEC. 12. AVIATION SECURITY RESEARCH AND DEVELOP21 MENT. 

22 (a) BIOMETRICS.—There are authorized to be appro23 priated to the Secretary of Homeland Security for the use 

24 of the Transportation Security Administration 

25 $20,000,000, in addition to any amounts otherwise au-
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1 thorized by law, for research and development of biometric 

2 technology applications to aviation security. 

3 (b) BIOMETRICS CENTERS OF EXCELLENCE.—There 

4 are authorized to be appropriated to the Secretary of 

5 Homeland Security for the use of the Transportation Se6 curity Administration $1,000,000, in addition to any 

7 amounts otherwise authorized by law, for the establish8 ment of competitive centers of excellence at the national 

9 laboratories. 

10 SEC. 10. PERIMETER ACCESS TECHNOLOGY. 

11 SEC. 13. PERIMETER ACCESS TECHNOLOGY. 

12 There are authorized to be appropriated to the Sec13 retary of Homeland Security $100,000,000 for airport pe14 rimeter security technology, fencing, security contracts, 

15 vehicle tagging, and other perimeter security related oper16 ations, facilities, and equipment, such sums to remain 

17 available until expended. 

18 SEC. 14. BEREAVEMENT FARES. 

19 (a) IN GENERAL.—Chapter 415 of title 49, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘§ 41512. Bereavement fares 

22 ‘‘Air carriers shall offer, with appropriate documenta23 tion, bereavement fares to the public for air transportation 

24 in connection with the death of a relative or other relation25 ship (as determined by the air carrier) and shall make such 
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1 fares available, to the greatest extent practicable, at the low2 est fare offered by the air carrier for the flight for which 

3 the bereavement fare is requested.’’. 

4 (b) CONFORMING AMENDMENT.—The chapter analysis 

5 for chapter 415 is amended by inserting after the item relat6 ing to section 41511 the following: 

‘‘41512. Bereavement fares.’’. 

7 SEC. 15. REVIEW AND REVISION OF PROHIBITED ITEMS 

8 LIST. 

9 Not later than 60 days after the date of enactment of 

10 this Act, the Transportation Security Administration shall 

11 complete a review of its Prohibited Items List, set forth in 

12 49 CFR 1540, and release a revised rule that— 

13 (1) prohibits passengers from carrying butane 

14 lighters onboard passenger aircraft; and 

15 (2) modifies the Prohibited Items List in such 

16 other ways as the agency may deem appropriate. 

17 SEC. 16. REPORT ON PROTECTING COMMERCIAL AIRCRAFT 

18 FROM THE THREAT OF MAN-PORTABLE AIR 

19 DEFENSE SYSTEMS. 

20 (a) REQUIREMENT.—The Secretary of Homeland Se21 curity, in coordination with the head of the Transportation 

22 Security Administration and the Under Secretary for 

23 Science and Technology, shall prepare a report on pro24 tecting commercial aircraft from the threat of man-portable 
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1 air defense systems (referred to in this section as 

2 ‘‘MANPADS’’). 

3 (b) CONTENT.—The report required by subsection (a) 

4 shall include the following: 

5 (1) An estimate of the number of organizations, 

6 including terrorist organizations, that have access to 

7 MANPADS and a description of the risk posed by 

8 each organization. 

9 (2) A description of the programs carried out by 

10 the Secretary of Homeland Security to protect com11 mercial aircraft from the threat posed by MANPADS. 

12 (3) An assessment of the effectiveness and feasi13 bility of the systems to protect commercial aircraft 

14 under consideration by the Under Secretary for 

15 Science and Technology for use in phase II of the 

16 counter-MANPADS development and demonstration 

17 program. 

18 (4) A justification for the schedule of the imple19 mentation of phase II of the counter-MANPADS de20 velopment and demonstration program. 

21 (5) An assessment of the effectiveness of other 

22 technology that could be employed on commercial air23 craft to address the threat posed by MANPADS, in24 cluding such technology that is— 

25 (A) either active or passive; 
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1 (B) employed by the Armed Forces; or 

2 (C) being assessed or employed by other 

3 countries. 

4 (6) An assessment of alternate technological ap5 proaches to address such threat, including ground6 based systems. 

7 (7) A discussion of issues related to any con8 tractor liability associated with the installation or use 

9 of technology or systems on commercial aircraft to ad10 dress such threat. 

11 (8) A description of the strategies that the Sec12 retary may employ to acquire any technology or sys13 tems selected for use on commercial aircraft at the 

14 conclusion of phase II of the counter-MANPADS de15 velopment and demonstration program, including— 

16 (A) a schedule for purchasing and installing 

17 such technology or systems on commercial air18 craft; and 

19 (B) a description of— 

20 (i) the priority in which commercial 

21 aircraft will be equipped with such tech22 nology or systems; 

23 (ii) any efforts to coordinate the sched24 ules for installing such technology or system 

25 with private airlines; 
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1 (iii) any efforts to ensure that aircraft 

2 manufacturers integrate such technology or 

3 systems into new aircraft; and 

4 (iv) the cost to operate and support 

5 such technology or systems on a commercial 

6 aircraft. 

7 (9) A description of the plan to expedite the use 

8 of technology or systems on commercial aircraft to ad9 dress the threat posed by MANPADS if intelligence or 

10 events indicate that the schedule for the use of such 

11 technology or systems, including the schedule for car12 rying out development and demonstration programs 

13 by the Secretary, should be expedited. 

14 (10) A description of the efforts of the Secretary 

15 to survey and identify the areas at domestic and for16 eign airports where commercial aircraft are most vul17 nerable to attack by MANPADS. 

18 (11) A description of the cooperation between the 

19 Secretary and the Administrator of the Federal Avia20 tion Administration to certify the airworthiness and 

21 safety of technology and systems to protect commer22 cial aircraft from the risk posed by MANPADS in an 

23 expeditious manner. 

24 (c) TRANSMISSION TO CONGRESS.—The report re25 quired by subsection (a) shall be transmitted to Congress 
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1 along with the budget for fiscal year 2006 submitted by the 

2 President pursuant to section 1105(a) of title 31, United 

3 States Code. 

4 SEC. 17. SCREENING DEVICES TO DETECT CHEMICAL AND 

5 PLASTIC EXPLOSIVES. 

6 Not later than 90 days after the date of enactment of 

7 this Act, the Secretary of Homeland Security shall provide 

8 to the Senate Committee on Commerce, Science, and Trans9 portation a report on the current status of efforts, and the 

10 additional needs, regarding passenger and carry-on baggage 

11 screening equipment at United States airports to detect 

12 chemical and plastic explosives. The report shall include the 

13 cost of and timetable for installing such equipment and any 

14 recommended legislative actions. 

15 SEC. 18. REPORTS ON THE FEDERAL AIR MARSHALS PRO16 GRAM. 

17 Not later than 90 days after the date of enactment of 

18 this Act, and every 90 days thereafter, the Secretary of 

19 Homeland Security shall provide to the Senate Committee 

20 on Commerce, Science, and Transportation a classified re21 port on the number of individuals serving as Federal air 

22 marshals. Such report shall include the number of Federal 

23 air marshals who are women, minorities, or employees of 

24 departments or agencies of the United States Government 

25 other than the Department of Homeland Security, the per-
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1 centage of domestic and international flights that have a 

2 Federal air marshal aboard, and the rate at which individ3 uals are leaving service as Federal air marshals. 

4 SEC. 19. SECURITY OF AIR MARSHAL IDENTITY. 

5 (a) IN GENERAL.—The Secretary of the Department 

6 of Homeland Security shall designate individuals and par7 ties to whom Federal air marshals shall be required to iden8 tify themselves. 

9 (b) PROHIBITION.—Notwithstanding any other provi10 sion of law, no procedure, guideline, rule, regulation, or 

11 other policy shall expose the identity of an air marshal to 

12 anyone other than those designated by the Secretary under 

13 subsection (a). 

14 SEC. 20. SECURITY MONITORING CAMERAS FOR AIRPORT 

15 BAGGAGE HANDLING AREAS. 

16 (a) IN GENERAL.—The Under Secretary of Homeland 

17 Security for Border Transportation and Security shall pro18 vide assistance to public airports that have baggage han19 dling areas that are not open to public view in the acquisi20 tion and installation of security monitoring cameras for 

21 surveillance of such areas in order to deter theft from 

22 checked baggage and to aid in the speedy resolution of li23 ability claims against the Transportation Security Admin24 istration. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to the Secretary of Homeland 

3 Security for fiscal year 2005 such sums as may be necessary 

4 to carry out this section, such sums to remain available 

5 until expended. 

Calendar No. 808 

108TH CONGRESS 

2D SESSION S. 2393 

[Report No. 108–417] 

A BILL 

To improve aviation security. 

NOVEMBER 19, 2004 

Reported with amendments