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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2393 Reported in Senate (RS)]

                                                       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.

    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 ``Aviation Security Advancement Act''.

<DELETED>SEC. 2. AVIATION SECURITY STAFFING. D23/</DELETED>

SEC. 2. IMPROVED PILOT LICENSES.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Federal Aviation Administrator shall develop a system for the 
issuance of any pilot's license issued more than 180 days after the 
date of enactment of this Act that--
            (1) are resistant to tampering, alteration, and 
        counterfeiting;
            (2) include a photograph of the individual to whom the 
        license is issued; and
            (3) are capable of accommodating a digital photograph, a 
        biometric measure, or other unique identifier that provides a 
        means of--
                    (A) ensuring its validity; and
                    (B) revealing whether any component or security 
                feature of the license has been compromised.
    (b) Use of Designees.--The Administrator of the Federal Aviation 
Administration shall use designees to carry out subsection (a) to the 
extent feasible in order to minimize the burden of such requirements on 
pilots.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator for fiscal year 2005, $50,000,000 to 
carry out subsection (a).

SEC. 3. AIRCRAFT CHARTER CUSTOMER SCREENING.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall implement a procedure 
under which--
            (1) any person engaged in the business of chartering fixed 
        wing or rotary aircraft to the public may contact the 
        Transportation Security Administration before permitting 
        passengers to board the aircraft for the first time;
            (2) the Transportation Security Administration immediately 
        will compare information about the individual seeking to 
        charter an aircraft and any passengers proposed to be 
        transported onboard the aircraft with a comprehensive, 
        consolidated database containing information about known or 
        suspected terrorists and their associates; and
            (3) control of the aircraft will not be relinquished if the 
        Transportation Security Agency determines that such individual, 
        pilot, or passenger is identified as a flight security or 
        terrorism risk.
    (b) Privacy Safeguards.--Under the procedure, the Secretary shall 
ensure that--
            (1) the person required to compare the information will not 
        be given any information about the individual whose name is 
        being checked other than whether permission to charter the 
        aircraft is granted or denied; and
            (2) an individual denied access to an aircraft under the 
        procedure is given an opportunity to consult the Transportation 
        Security Agency immediately, or as expeditiously as 
        practicable, for the purpose of correcting mis-identification 
        errors, resolving confusion resulting from names that are the 
        same as or similar to names on the list, or addressing other 
        erroneous information that may have resulted in the denial.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to carry out the provisions of this section.

SEC. 4. AIRCRAFT RENTAL CUSTOMER SCREENING.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall implement a procedure 
under which--
            (1) any person engaged in the business of renting fixed 
        wing or rotary aircraft to the public may contact the 
        Transportation Security Administration before permitting an 
        individual seeking to rent an aircraft to have access to the 
        aircraft for the first time;
            (2) the Transportation Security Administration immediately 
        will compare information about the individual seeking to rent 
        the aircraft with a comprehensive, consolidated database 
        containing information about known or suspected terrorists and 
        their associates; and
            (3) the individual will not be permitted to take control of 
        the aircraft if the Transportation Security Agency determines 
        that the individual is a flight security or terrorism risk.
    (b) Pilot Program.--Before fully implementing the program under 
subsection (a), the Secretary shall test the program through a 
demonstration project.
    (c) Privacy Safeguards.--Under the procedure, the Secretary shall 
ensure that--
            (1) the person required to compare the information will not 
        be given any information about the individual whose name is 
        being checked other than whether permission to rent the 
        aircraft is granted or denied; and
            (2) an individual denied access to an aircraft under the 
        procedure is given an opportunity to consult the Transportation 
        Security Agency immediately, or as expeditiously as 
        practicable, for the purpose of correcting mis-identification 
        errors, resolving confusion resulting from names that are the 
        same as or similar to names on the list, or addressing other 
        erroneous information that may have resulted in the denial.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to carry out the provisions of this section.

SEC. 5. AVIATION SECURITY STAFFING.

    (a) Staffing Level Standards.--
            (1) Development of standards.--Within 90 days after the 
        date of enactment of this Act, the Secretary of Homeland 
        Security, in consultation with the Secretary of Transportation 
        and Federal Security Directors, shall develop standards for 
        determining the appropriate aviation security staffing 
        standards for all commercial airports in the United States 
        necessary--
                    (A) to provide necessary levels of aviation 
                security; and
                    (B) to ensure that the average aviation security-
                related delay experienced by airline passengers 
                <DELETED>does not exceed 10 minutes. </DELETED>is 
                minimized.
            (2) GAO analysis.--The Comptroller General shall, as soon 
        as practicable after the date on which the Secretary of 
        Homeland Security has developed standards under paragraph (1), 
        conduct an expedited analysis of the standards for 
        effectiveness, administrability, ease of compliance, and 
        consistency with the requirements of existing law.
            (3) Report to congress.--Within 120 days after the date of 
        enactment of this Act, the Secretary of Homeland Security and 
        the Comptroller General shall transmit a report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure on the standards developed under paragraph (1), 
        together with recommendations for further improving the 
        efficiency and effectiveness of the screening process.
    (b) Integration of Federal Airport Workforce and Aviation 
Security.--The Secretary of Homeland Security shall conduct a study of 
the feasibility of combining operations of Federal employees involved 
in screening at commercial airports and aviation security related 
functions under the aegis of the Department of Homeland Security in 
order to coordinate security-related activities, increase the 
efficiency and effectiveness of those activities, and increase 
commercial air transportation security.

<DELETED>SEC. 3. IMPROVED AIR CARGO AND AIRPORT SECURITY.</DELETED>

SEC. 6. IMPROVED AIR CARGO AND AIRPORT SECURITY.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Homeland Security for the use of the Transportation 
Security Administration, in addition to any amounts otherwise 
authorized by law, for the purpose of improving aviation security 
related to the transportation of cargo on both passenger aircraft and 
all-cargo aircraft--
            (1) $200,000,000 for fiscal year 2005;
            (2) $200,000,000 for fiscal year 2006; and
            (3) $200,000,000 for fiscal year 2007.
    (b) Next-Generation Cargo Security Grant Program.--
            (1) In general.--The Secretary shall establish and carry 
        out a grant program to facilitate the development, testing, 
        purchase, and deployment of next-generation air cargo security 
        technology. The Secretary shall establish such eligibility 
        criteria, establish such application and administrative 
        procedures, and provide for such matching funding requirements, 
        if any, as may be necessary and appropriate to ensure that the 
        technology is deployed as fully and as rapidly as practicable.
            (2) Research and development; deployment.--To carry out 
        paragraph (1), there are authorized to be appropriated to the 
        Secretary for research and development related to next-
        generation air cargo security technology as well as for 
        deployment and installation of next-generation air cargo 
        security technology, such sums are to remain available until 
        expended--
                    (A) $100,000,000 for fiscal year 2005;
                    (B) $100,000,000 for fiscal year 2006; and
                    (C) $100,000,000 for fiscal year 2007.
<DELETED>    (c) Authorization for Expiring and New LOIs.--There are 
authorized to be appropriated to the Secretary $150,000,000 for each of 
fiscal years 2005 through 2007 to fund projects and activities for 
which letters of intent are issued under section 44923 of title 49, 
United States Code, after the date of enactment of this Act.</DELETED>
    (c) Authorization for Expiring and New LOIs.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary $150,000,000 for each of fiscal years 2005 
        through 2007 to fund projects and activities for which letters 
        of intent are issued under section 44923 of title 49, United 
States Code, after the date of enactment of this Act.
            (2) Period of reimbursement.--Notwithstanding any other 
        provision of law, the Secretary may provide that the period of 
        reimbursement under any letter of intent may extend for a 
        period not to exceed 10 years after the date that the Secretary 
        issues such letter, subject to the availability of 
        appropriations. This paragraph applies to letters of intent 
        issued under section 44923 of title 49, United States Code, or 
        section 367 of the Department of Transportation and Related 
        Agencies Appropriation Act, 2003 (49 U.S.C. 47110 note).
    (d) Reports.--The Secretary shall transmit <DELETED>periodic 
reports no less frequently than every 6 months </DELETED>an annual 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure on--
            (1) the progress being made toward, and the status of, 
        deployment and installation of next-generation air cargo 
        security technology under subsection (b); and
            (2) the amount and purpose of grants under subsection (b) 
        and the locations of projects funded by such grants.

<DELETED>SEC. 4. AIR CARGO SECURITY MEASURES.</DELETED>

SEC. 7. AIR CARGO SECURITY MEASURES.

    (a) Enhancement of Air Cargo Security.--The Secretary of Homeland 
Security, in consultation with the Secretary of Transportation, shall 
develop and implement a plan to enhance air cargo security at airports 
for commercial passenger and cargo aircraft that incorporates the 
recommendations made by the Cargo Security Working Group of the 
Aviation Security Advisory Committee.
    (b) Supply Chain Security.--The Administrator of the Transportation 
Security Administration shall--
            (1) promulgate regulations requiring the evaluation of 
        indirect air carriers and ground handling agents, including 
        background checks and checks against all Administration watch 
        lists; and
            (2) evaluate the potential efficacy of increased use of 
        canine detection teams to inspect air cargo on passenger and 
        all-cargo aircraft.
    (c) Increased Cargo Inspections.--Within 1 year after the date of 
enactment of this Act, the Secretary of Homeland Security shall require 
that the volume of property screened or inspected is at least two-fold 
the volume that is screened or inspected on the date of enactment of 
this Act. For purposes of the preceding sentence, the term ``property'' 
means mail, cargo, and other articles carried aboard a passenger 
aircraft operated by an air carrier or foreign air carrier in air 
transportation.
    <DELETED>(c) </DELETED>(d) All-Cargo Aircraft Security.--Subchapter 
I of chapter 449, United States Code, is amended by adding at the end 
the following:
``Sec. 44925. All-cargo aircraft security
    ``(a) Access to Flight Deck.--Within 180 days after the date of 
enactment of this Act, the Administrator of the Transportation Security 
Administration, in coordination with the Federal Aviation 
Administrator, shall--
            ``(1) issue an order (without regard to the provisions of 
        chapter 5 of title 5)--
                    ``(A) requiring, to the extent consistent with 
                engineering and safety standards, that all-cargo 
                aircraft operators engaged in air transportation or 
                intrastate air transportation maintain a barrier, which 
                may include the use of a hardened cockpit door, between 
                the aircraft flight deck and the aircraft cargo 
                compartment sufficient to prevent unauthorized access 
                to the flight deck from the cargo compartment, in 
                accordance with the terms of a plan presented to and 
                accepted by the Administrator of the Transportation 
                Security Administration in consultation with the 
                Federal Aviation Administrator; and
                    ``(B) prohibiting the possession of a key to a 
                flight deck door by any member of the flight crew who 
                is not assigned to the flight deck; and
            ``(2) take such other action, including modification of 
        safety and security procedures and flight deck redesign, as may 
        be necessary to ensure the safety and security of the flight 
        deck.
    ``(b) Screening and Other Measures.--Within 1 year after the date 
of enactment of this Act, the Administrator of the Transportation 
Security Administration, in coordination with the Federal Aviation 
Administrator, shall issue an order (without regard to the provisions 
of chapter 5 of title 5) requiring--
            ``(1) all-cargo aircraft operators engaged in air 
        transportation or intrastate air transportation to physically 
        screen each person, and that person's baggage and personal 
        effects, to be transported on an all-cargo aircraft engaged in 
        air transportation or intrastate air transportation;
            ``(2) each such aircraft to be physically searched before 
        the first leg of the first flight of the aircraft each day, or, 
        for inbound international operations, at aircraft operator's 
        option prior to the departure of any such flight for a point in 
        the United States; and
            ``(3) each such aircraft that is unattended overnight to be 
        secured or sealed or to have access stairs, if any, removed 
        from the aircraft.
    ``(c) Alternative Measures.--The Administrator of the 
Transportation Security Administration, in coordination with the 
Federal Aviation Administrator, may authorize alternative means of 
compliance with any requirement imposed under this section.''.
    <DELETED>(d) </DELETED>(e) Conforming Amendment.--The subchapter 
analysis for subchapter I of chapter 449, United States Code, is 
amended by adding at the end the following:

``44925. All-cargo aircraft security.''.

<DELETED>SEC. 5. EXPLOSIVE DETECTION SYSTEMS.</DELETED>

SEC. 8. EXPLOSIVE DETECTION SYSTEMS.

    (a) In-Line Placement of Explosive-Detection Equipment.--Within 180 
days after the date of enactment of this Act, the Secretary of Homeland 
Security shall establish a schedule for replacing trace-detection 
equipment used for in-line baggage screening purposes as soon as 
practicable where appropriate with explosive detection system 
equipment. The Secretary shall notify the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure of the schedule and provide an 
estimate of the impact of replacing such equipment, facility 
modification and baggage conveyor placement, on aviation security-
related staffing needs and levels.
    (b) Next Generation EDS.--There are authorized to be appropriated 
to the Secretary of Homeland Security for the use of the Transportation 
Security Administration $100,000,000, in addition to any amounts 
otherwise authorized by law, for the purpose of research and 
development of next generation explosive detection systems for aviation 
security under section 44913 of title 49, United States Code. The 
Secretary shall develop a plan and guidelines for implementing improved 
explosive detection system equipment.
    (c) Portal Detection Systems.--There are authorized to be 
appropriated to the Secretary of Homeland Security for the use of the 
Transportation Security Administration $250,000,000, in addition to any 
amounts otherwise authorized by law, for research and development and 
installation of portal detection systems or similar devices for the 
detection of biological, radiological, and explosive materials. The 
Secretary of Homeland <DELETED>Security, in consultation with the 
Secretary of Transportation, </DELETED>Security shall establish a pilot 
program at not more than 10 commercial service airports to evaluate the 
use of such systems.
    (d) Reports.--The Secretary shall transmit <DELETED>periodic 
reports no less frequently than every 6 months </DELETED>an annual 
report to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure on research and development projects funded under 
subsection (b) or (c), and the pilot program established under 
subsection (c), including cost estimates for each phase of such 
projects and total project costs.

<DELETED>SEC. 6. AIR MARSHAL PROGRAM.</DELETED>

SEC. 9. AIR MARSHAL PROGRAM.

    (a) Cross-Training.--The Secretary of Homeland Security shall 
transmit to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure a report on the potential for cross-
training of individuals who serve as air marshals and on the need for 
providing contingency funding for air marshal operations.
    (b) Authorization of Additional Appropriations.--There are 
authorized to be appropriated to the Secretary of Homeland Security for 
the use of the Transportation Security Administration, in addition to 
any amounts otherwise authorized by law, for the deployment of Federal 
Air Marshals under section 44917 of title 49, United States Code, 
$83,000,000 for the 3 fiscal year period beginning with fiscal year 
2005, such sums to remain available until expended.

<DELETED>SEC. 7. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.</DELETED>

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

    Within 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the Secretary of 
Transportation, shall transmit to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure a report on the present system for 
addressing lost, stolen, damaged, or pilfered baggage claims relating 
to air transportation security screening procedures. The report shall 
include--
            (1) information concerning the time it takes to settle such 
        claims under the present system;
            (2) a comparison and analysis of the number, frequency, and 
        nature of such claims before and after enactment of the 
        Aviation and Transportation Security Act using data provided by 
        the major United States airlines; and
            (3) recommendations on how to improve the involvement and 
        participation of the airlines in the baggage screening and 
        handling processes and better coordinate the activities of 
        Federal baggage screeners with airline operations.

<DELETED>SEC. 8. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY 
              INFORMATION SHARING RECOMMENDATIONS.</DELETED>

SEC. 11. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY INFORMATION 
              SHARING RECOMMENDATIONS.

    Within 30 days after the date of enactment of this Act, the 
Secretary of Homeland Security, after consultation with the heads of 
Federal departments and agencies concerned, shall transmit to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infrastructure a 
report on implementation of recommendations contained in the General 
Accounting Office's report titled ``Homeland Security: Efforts To 
Improve Information Sharing Need To Be Strengthened'' (GAO-03-760), 
August, 2003.

<DELETED>SEC. 9. AVIATION SECURITY RESEARCH AND DEVELOPMENT.</DELETED>

SEC. 12. AVIATION SECURITY RESEARCH AND DEVELOPMENT.

    (a) Biometrics.--There are authorized to be appropriated to the 
Secretary of Homeland Security for the use of the Transportation 
Security Administration $20,000,000, in addition to any amounts 
otherwise authorized by law, for research and development of biometric 
technology applications to aviation security.
    (b) Biometrics Centers of Excellence.--There are authorized to be 
appropriated to the Secretary of Homeland Security for the use of the 
Transportation Security Administration $1,000,000, in addition to any 
amounts otherwise authorized by law, for the establishment of 
competitive centers of excellence at the national laboratories.

<DELETED>SEC. 10. PERIMETER ACCESS TECHNOLOGY.</DELETED>

SEC. 13. PERIMETER ACCESS TECHNOLOGY.

    There are authorized to be appropriated to the Secretary of 
Homeland Security $100,000,000 for airport perimeter security 
technology, fencing, security contracts, vehicle tagging, and other 
perimeter security related operations, facilities, and equipment, such 
sums to remain available until expended.

SEC. 14. BEREAVEMENT FARES.

    (a) In General.--Chapter 415 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 41512. Bereavement fares
    ``Air carriers shall offer, with appropriate documentation, 
bereavement fares to the public for air transportation in connection 
with the death of a relative or other relationship (as determined by 
the air carrier) and shall make such fares available, to the greatest 
extent practicable, at the lowest fare offered by the air carrier for 
the flight for which the bereavement fare is requested.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 415 is 
amended by inserting after the item relating to section 41511 the 
following:

        ``41512. Bereavement fares.''.

SEC. 15. REVIEW AND REVISION OF PROHIBITED ITEMS LIST.

    Not later than 60 days after the date of enactment of this Act, the 
Transportation Security Administration shall complete a review of its 
Prohibited Items List, set forth in 49 CFR 1540, and release a revised 
rule that--
            (1) prohibits passengers from carrying butane lighters 
        onboard passenger aircraft; and
            (2) modifies the Prohibited Items List in such other ways 
        as the agency may deem appropriate.

SEC. 16. REPORT ON PROTECTING COMMERCIAL AIRCRAFT FROM THE THREAT OF 
              MAN-PORTABLE AIR DEFENSE SYSTEMS.

    (a) Requirement.--The Secretary of Homeland Security, in 
coordination with the head of the Transportation Security 
Administration and the Under Secretary for Science and Technology, 
shall prepare a report on protecting commercial aircraft from the 
threat of man-portable air defense systems (referred to in this section 
as ``MANPADS'').
    (b) Content.--The report required by subsection (a) shall include 
the following:
            (1) An estimate of the number of organizations, including 
        terrorist organizations, that have access to MANPADS and a 
        description of the risk posed by each organization.
            (2) A description of the programs carried out by the 
        Secretary of Homeland Security to protect commercial aircraft 
        from the threat posed by MANPADS.
            (3) An assessment of the effectiveness and feasibility of 
        the systems to protect commercial aircraft under consideration 
        by the Under Secretary for Science and Technology for use in 
        phase II of the counter-MANPADS development and demonstration 
        program.
            (4) A justification for the schedule of the implementation 
        of phase II of the counter-MANPADS development and 
        demonstration program.
            (5) An assessment of the effectiveness of other technology 
        that could be employed on commercial aircraft to address the 
        threat posed by MANPADS, including such technology that is--
                    (A) either active or passive;
                    (B) employed by the Armed Forces; or
                    (C) being assessed or employed by other countries.
            (6) An assessment of alternate technological approaches to 
        address such threat, including ground-based systems.
            (7) A discussion of issues related to any contractor 
        liability associated with the installation or use of technology 
        or systems on commercial aircraft to address such threat.
            (8) A description of the strategies that the Secretary may 
        employ to acquire any technology or systems selected for use on 
        commercial aircraft at the conclusion of phase II of the 
        counter-MANPADS development and demonstration program, 
        including--
                    (A) a schedule for purchasing and installing such 
                technology or systems on commercial aircraft; and
                    (B) a description of--
                            (i) the priority in which commercial 
                        aircraft will be equipped with such technology 
                        or systems;
                            (ii) any efforts to coordinate the 
                        schedules for installing such technology or 
                        system with private airlines;
                            (iii) any efforts to ensure that aircraft 
                        manufacturers integrate such technology or 
                        systems into new aircraft; and
                            (iv) the cost to operate and support such 
                        technology or systems on a commercial aircraft.
            (9) A description of the plan to expedite the use of 
        technology or systems on commercial aircraft to address the 
        threat posed by MANPADS if intelligence or events indicate that 
        the schedule for the use of such technology or systems, 
        including the schedule for carrying out development and 
        demonstration programs by the Secretary, should be expedited.
            (10) A description of the efforts of the Secretary to 
        survey and identify the areas at domestic and foreign airports 
        where commercial aircraft are most vulnerable to attack by 
        MANPADS.
            (11) A description of the cooperation between the Secretary 
        and the Administrator of the Federal Aviation Administration to 
        certify the airworthiness and safety of technology and systems 
        to protect commercial aircraft from the risk posed by MANPADS 
        in an expeditious manner.
    (c) Transmission to Congress.--The report required by subsection 
(a) shall be transmitted to Congress along with the budget for fiscal 
year 2006 submitted by the President pursuant to section 1105(a) of 
title 31, United States Code.D23/

SEC. 17. SCREENING DEVICES TO DETECT CHEMICAL AND PLASTIC EXPLOSIVES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall provide to the Senate Committee on 
Commerce, Science, and Transportation a report on the current status of 
efforts, and the additional needs, regarding passenger and carry-on 
baggage screening equipment at United States airports to detect 
chemical and plastic explosives. The report shall include the cost of 
and timetable for installing such equipment and any recommended 
legislative actions.

SEC. 18. REPORTS ON THE FEDERAL AIR MARSHALS PROGRAM.

    Not later than 90 days after the date of enactment of this Act, and 
every 90 days thereafter, the Secretary of Homeland Security shall 
provide to the Senate Committee on Commerce, Science, and 
Transportation a classified report on the number of individuals serving 
as Federal air marshals. Such report shall include the number of 
Federal air marshals who are women, minorities, or employees of 
departments or agencies of the United States Government other than the 
Department of Homeland Security, the percentage of domestic and 
international flights that have a Federal air marshal aboard, and the 
rate at which individuals are leaving service as Federal air marshals.

SEC. 19. SECURITY OF AIR MARSHAL IDENTITY.

    (a) In General.--The Secretary of the Department of Homeland 
Security shall designate individuals and parties to whom Federal air 
marshals shall be required to identify themselves.
    (b) Prohibition.--Notwithstanding any other provision of law, no 
procedure, guideline, rule, regulation, or other policy shall expose 
the identity of an air marshal to anyone other than those designated by 
the Secretary under subsection (a).

SEC. 20. SECURITY MONITORING CAMERAS FOR AIRPORT BAGGAGE HANDLING 
              AREAS.

    (a) In General.--The Under Secretary of Homeland Security for 
Border Transportation and Security shall provide assistance to public 
airports that have baggage handling areas that are not open to public 
view in the acquisition and installation of security monitoring cameras 
for surveillance of such areas in order to deter theft from checked 
baggage and to aid in the speedy resolution of liability claims against 
the Transportation Security Administration.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for fiscal year 2005 
such sums as may be necessary to carry out this section, such sums to 
remain available 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
```