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108th Congress 
 2d Session                      SENATE                          Report
                                                                108-417
_______________________________________________________________________



                                                       Calendar No. 808


                   AVIATION SECURITY ADVANCEMENT ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2393



                                     

               November 19, 2004.--Ordered to be printed
?

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                      one hundred eighth congress

                             second session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas          Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey

           Jeanne Bumpus, Staff Director and General Counsel

                   Rob Freeman, Deputy Staff Director

      Kevin D. Kayes, Democratic Staff Director and Chief Counsel

                                  (ii)
                                                       Calendar No. 808
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-417

======================================================================




                   AVIATION SECURITY ADVANCEMENT ACT

                                _______
                                

               November 19, 2004.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2393]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2393) to improve aviation 
security, having considered the same, reports favorably thereon 
with an amendment (in the nature of a substitute) and 
recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The Aviation Security Advancement Act, S. 2393, as reported, 
seeks to improve the current system of aviation security. It 
increases the efficiency of the national air transportation 
system by addressing security screener workforce staffing, 
cargo and general aviation security, baggage screening, airport 
perimeter security, and other key matters.

                          Background and Needs

  After the terrorist attacks of September 11, 2001 (known as 
9/11), Congress acted quickly to pass the Aviation and 
Transportation Security Act (ATSA, P.L. 107-71). President Bush 
signed ATSA into law on November 19, 2001, and the 
Transportation Security Administration (TSA) was created as a 
result. TSA took control over all aspects of transportation 
security. The following year, on November 25, 2002, Congress 
passed the Homeland Security Act of 2002 (P.L. 107-296), that 
created the Department of Homeland Security (DHS) into which 
TSA was merged.
  During the 108th Congress, Congress focused on reauthorizing 
the programs of the Federal Aviation Administration (FAA) and 
enacted Vision 100--Century of Aviation Reauthorization Act 
(P.L. 108-176) which was signed into law by President Bush on 
December 12, 2003. Vision 100 adopted a number of additional 
civil aviation security requirements aimed at improving 
aviation security beyond the steps taken in ATSA. Included in 
the legislation were provisions to strengthen flight crew 
training, improve passenger prescreening programs, and provide 
increased funding for airport security improvement projects 
through the creation of an Aviation Security Capital Fund.
  Following passage of Vision 100, Senator Rockefeller 
developed S. 2393, the Aviation Security Advancement Act, in an 
effort to assess the progress made by TSA since 9/11. S. 2393 
was introduced by Senators Rockefeller, McCain and Hollings on 
May 6, 2004, and the Commerce Committee held a hearing on June 
22, 2004, to review efforts by TSA to strengthen aviation 
security and to consider additional measures to defend the 
nation's air transportation system. S. 2393 is designed to 
address potential loopholes that remained in the system 
regarding passenger screening, air cargo security, baggage 
screening, and other portions of the aviation security system 
that need improvement.
  While Congress examined ways to make additional improvements 
to the current aviation security regime, the independent, bi-
partisan National Commission on Terrorist Attacks Upon the 
United States (9/11 Commission) completed its work that 
provided the most complete account of the circumstances 
surrounding the 9/11 terrorist attacks. On July 22, 2004, the 
9/11 Commission released its final report which included 
general and specific recommendations designed to guard against 
future attacks, and generally notes a number of shortcomings in 
the current state of transportation security in the U.S. Chief 
among the Commission's concerns is that the TSA had not 
developed an integrated strategic plan for the aviation 
transportation sector nor specific plans for the various modes: 
air, sea, and land. The Commission identified this lack of 
preparedness as a major concern when faced with a U.S. 
transportation system of such size and magnitude that it is 
virtually impossible to completely secure from terrorist 
attack. The report also concluded that major vulnerabilities 
still exist in cargo and general aviation, and that while 
aviation still remains a possible target, terrorists could turn 
their attention to other modes of transportation where 
opportunities to do harm are as great if not greater.
  More specifically, the 9/11 Commission's final report focused 
on three major recommendations in developing a strategy for 
aviation and transportation security. The first recommendation 
details the inadequacy of the general system of planning for 
transportation security, and the latter two recommendations 
focus on the aviation security issues of passenger and baggage 
screening. Senator McCain worked with Senator Lieberman to 
develop legislation that incorporated the three main 
recommendations of the Commission and introduced S. 2774, the 
9/11 Commission Report Implementation Act of 2004, on September 
7, 2004. S. 2774 requires a national strategy for 
transportation security, improves procedures aimed at 
identifying terrorists and their associates by assigning 
responsibility of the ``no-fly list'' to TSA, and enhances 
passenger and cargo screening by promoting the use of advanced 
technology to improve such screening.
  S. 2393, as reported, takes further steps to strengthen both 
cargo and general aviation security which were identified by 
the 9/11 report as areas where ``major vulnerabilities still 
exist'' in the air transportation system. Regarding general 
aviation, the bill would require the development of uniform 
pilot licenses that are tamper resistant with photographic 
identification and the capability to accommodate biometric 
identifiers. It also provides aircraft charter and rental 
operators the ability to provide DHS the names of potential 
customers to cross-check suspect individuals against terrorist 
watchlists. On cargo matters, the bill increases funding for 
all-cargo aviation security and promotes the use of improved 
technology for cargo screening.
  In addition, most of the major deadlines and requirements of 
ATSA have now been met, and TSA and Congress have had an 
appropriate opportunity to assess the agency's capabilities and 
the areas where there are shortcomings. A consistent concern 
regarding the TSA's mission has been whether the agency has 
been properly funded at a level needed to provide the necessary 
amount of protection for the nation's aviation network. S. 2393 
takes steps to increase funding and undertake other actions to 
strengthen many existing programs that have been fundamental to 
TSA's efforts to develop the strongest aviation security regime 
possible. Screener staffing standards required by the bill 
would standardize and promote more effective screening at the 
nation's commercial airports. Letters of Intent (LOIs) to fund 
priority capital security projects at airports would be 
authorized at a higher level. A schedule for the placement of 
in-line Explosive Detection Systems (EDS) to increase the 
efficiency of baggage screening is likewise mandated by this 
legislation. The Committee, recognizing the benefits of more 
thorough screening of all airline passengers before boarding, 
supports the development of next generation Backscatter body 
imaging systems to provide comprehensive screening of airline 
passengers for both metal weapons and explosive devices. This 
bill provides funding to explore the benefits of such 
technology.
  S. 2393 also contains a number of provisions to bolster the 
existing aviation security system including: increased support 
for the Federal Air Marshal (FAM) program; encouragement to 
improve intelligence information sharing with State and local 
entities; advancement of biometric technology for precise 
identification of workers and travelers; increased funding to 
support improvement of airport perimeter security; revision of 
TSA's prohibited items list to include butane lighters; 
assistance to commercial airports in using security cameras to 
monitor baggage handling areas; and detailed reports on the 
threat to aviation security of man-portable air defense systems 
(MANPADS) and chemical and biological explosives.

                         Summary of Provisions

  S. 2393 requires the FAA to establish new, standardized 
pilots licenses that are tamper resistant, include a photograph 
of the individual, and are capable of accommodating a biometric 
identifier.
  The bill mandates that DHS develop procedures so aircraft 
charter and rental operations can provide TSA the names of 
potential customers to check against terrorist watchlists. 
Those identified as a flight security risk by TSA are 
prohibited from boarding aircraft, and privacy safeguards are 
required to protect the civil rights of all individuals being 
screened.
  S. 2393 directs DHS to develop standards for determining 
aviation security staffing levels necessary to provide 
appropriate aviation security for all U.S. commercial airports, 
and to ensure that the average aviation security-related delay 
experienced by airline passengers is minimized.
  S. 2393 authorizes appropriations for improving aviation 
security related to the transportation of cargo on both 
passenger aircraft and all-cargo aircraft. It establishes a 
grant program to develop, test, purchase, and deploy next-
generation air cargo security technology. Authorizes 
appropriations for: (1) research in, development, and 
deployment of such technology; and (2) projects and activities 
for which airport security improvement project letters of 
intent have been issued.
  The legislation requires DHS to develop a plan to enhance air 
cargo security at airports for commercial passenger and cargo 
aircraft (including supply chain security).
  S. 2393 directs TSA to issue an order: (1) requiring all-
cargo aircraft operators to maintain a barrier (including use 
of a hardened cockpit door) between the aircraft flight deck 
and the aircraft cargo compartment sufficient to prevent 
unauthorized access; and (2) prohibiting the possession of a 
flight deck door key to any flight crew member not assigned to 
the flight deck.
  In addition, S. 2393 mandates the physical screening of each 
air passenger and their baggage on all-cargo aircraft, as well 
as a physical search of the aircraft each day and securing, 
sealing, or removal of access to aircraft unattended overnight. 
It also requires a doubling of cargo inspections on passenger 
aircraft.
  S. 2393 directs DHS to establish a schedule for replacing 
trace-detection equipment used for in-line baggage screening 
with explosive detection system equipment at airports.
  The bill authorizes appropriations for: (1) next generation 
explosive detection systems; (2) installation of portal 
detection systems at airports to detect biological, 
radiological, and explosive materials; (3) the deployment of 
Federal Air Marshals; (4) research and development of biometric 
technology applications to aviation security; (5) establishment 
of competitive centers of excellence at the national 
laboratories; (6) airport perimeter security technology; (7) 
improved pilot licenses; (8) aircraft charter and rental 
screening; and (9) security monitoring cameras for airport 
baggage handling areas.
  S. 2393 requires that air carriers offer bereavement fares to 
the public to the greatest extent practicable, at the lowest 
fare offered by the carrier for the flight requested when 
flying in connection with the death of a relative or other 
relationships as determined by the air carrier.
  The legislation directs TSA to modify the prohibited items 
list to prohibit air carrier passengers from carrying butane 
lighters onboard any aircraft.
  In addition, S. 2393 requires the Secretary to report to 
specified congressional committees on: (1) the air marshal 
program; (2) certain TSA-related baggage claim issues; (3) 
implementation of Government Accounting Office (GAO) homeland 
security information sharing recommendations; (4) protecting 
commercial aircraft from the threat of man-portable air defense 
systems (MANPADS); (5) the status of efforts and needs 
regarding the use of passenger checkpoint screening equipment 
to detect chemical and plastic explosives; and (6) on the 
number of individuals serving as FAMs with background on hiring 
practices. The FAM report is to be submitted in classified form 
with a new submission required every 90 days.
  S. 2393 includes a provision under which no other law or 
policy shall expose the identity of a FAM to anyone other than 
those designated by DHS.
  S. 2393 also requires DHS to provide assistance to commercial 
airports for the acquisition and installation of security 
monitoring cameras for surveillance of baggage areas in order 
to deter theft and promote timely resolution of liability 
claims against TSA.

                          Legislative History

  S. 2393 was introduced by Senators Rockefeller, McCain and 
Hollings on May 6, 2004, and was referred to the Senate 
Committee on Commerce, Science, and Transportation. Cosponsors 
of the measure include Senators Snowe, Lautenberg and Bill 
Nelson. On June 22, 2004, the Senate Commerce Committee held a 
hearing on the issue of aviation security and examined the 
contents of the bill.
  On September 22, 2004, the Senate Committee on Commerce, 
Science, and Transportation met in Executive Session to 
consider S. 2393. At that time, Senator Rockefeller offered a 
manager's amendment that included general aviation security 
provisions in addition to addressing a number of other security 
issues. Provisions by Senator Boxer in the manager's amendment 
included: protecting the identity of air marshals; requiring 
quarterly reports on the make up of the air marshal workforce; 
requiring a report on chemical and biological explosive 
screening; and requiring a report on the threat of man-portable 
air defense systems. The amendment also had a provision from 
Senators Dorgan and Wyden to put butane lighters on the TSA's 
prohibited items list, a provision from Senator Snowe to 
increase cargo inspections on passenger aircraft by two-fold, a 
provision from Senator Breaux to require air carriers offer 
bereavement fares, and a provision from Senator Lautenberg to 
promote the use of security cameras in airport baggage handling 
areas. The manager's amendment was accepted by voice vote and 
S. 2393 was subsequently passed out of Committee unanimously.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2393--Aviation Security Advancement Act

    Summary: S. 2393 would authorize funding over the 2005-2009 
period for new and existing aviation security programs 
administered by the Transportation Security Administration 
(TSA) and the Federal Aviation Administration (FAA). CBO 
estimates that implementing S. 2393 would cost $2.3 billion 
over the next five years, assuming appropriation of the amounts 
specified and estimated to be necessary. Enacting the bill 
would not affect direct spending or revenues.
    S. 2393 would authorize the appropriation of more than $1.8 
billion for TSA to improve airport and cargo security through 
grants, demonstration projects, and research and development 
funding. In addition, the bill would direct TSA to screen 
passenger lists of charter and rental aircraft, increase 
inspections of air cargo, purchase and install security cameras 
in certain baggage handling areas of airports, and set 
standards for appropriate staffing levels for airport security. 
CBO estimates that those additional requirements would cost 
almost $350 million over the 2005-2009 period. Finally, the 
bill would authorize the appropriation of $50 million for the 
FAA to develop a system for issuing pilot's licenses that are 
tamper proof and secure and $83 million for the deployment of 
additional federal air marshals.
    S. 2393 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    S. 2393 would impose private-sector mandates as defined in 
UMRA on U.S. and foreign air carriers, all-cargo aircraft 
operators and their flight crews, and airline passengers. CBO 
expects that the aggregate direct costs to comply with those 
mandates would not exceed the annual threshold established by 
UMRA for private-sector mandates ($120 million in 2004, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2393 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2005      2006      2007      2008      2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Improvements to Airport and Cargo Security:
    Authorization Level.......................................       921       450       450         0         0
    Estimated Outlays.........................................       644       659       450        68         0
Passenger and Cargo Screening:
    Estimated Authorization Level.............................       215        33        34        35        36
    Estimated Outlays.........................................       150        93        34        35        36
Pilot License System:
    Authorization Level.......................................        50         0         0         0         0
    Estimated Outlays.........................................        40        10         0         0         0
Standards for Security Staffing Levels:
    Estimated Authorization Level.............................         4         0         0         0         0
    Estimated Outlays.........................................         2         2         0         0         0
Air Marshal Deployment:
    Authorization Level.......................................        20        31        32         0         0
    Estimated Outlays.........................................        15        28        31         6         3
Total Changes:
    Estimated Authorization Level.............................     1,210       514       516        35        36
    Estimated Outlays.........................................       851       792       515       109        39
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2393 will be enacted early in fiscal year 2005 and that 
necessary funds will be provided near the start of each fiscal 
year. Estimates of outlays are based on historical spending 
patterns for affected programs.

Improvements to Airport and Cargo Security

    S. 2393 would authorize the appropriation of $1.8 billion 
over the 2005-2007 period for TSA to make physical and 
technological improvements in airport and cargo security. Of 
that amount, section 6 would authorize the appropriations of 
over $1.3 billion for demonstration projects, grants to 
research and develop next-generation technology for screening 
and tracking passengers and baggage, and security improvement 
projects authorized by the Vision 100-Century of Aviation 
Reauthorization Act. The bill also would authorize the 
appropriation of $350 million to develop explosive, chemical, 
and radiological detection systems, $100 million to protect the 
perimeter of airports, and $21 million to research and develop 
biometric technology to verify the identity of airport and air 
carrier staff.

Passenger and Cargo Screening

    CBO estimates that implementing passenger and cargo 
screening provisions of S. 2393 would cost nearly $350 million 
over the next five years.
    Section 19 would authorize TSA to help airports to install 
security cameras in baggage handling areas that are not open to 
public view. Based on information from TSA, CBO estimates that 
installing the cameras in 450 airports would cost almost $180 
million.
    Sections 3 and 4 would require TSA to review the passenger 
lists of all charter and rental aircraft when requested by the 
aircraft owner or operator. The agency would compare 
information about the passengers and crew of specific flights 
with information from a database containing known or suspected 
terrorists and their associates. Under the bill, TSA could 
ground a flight if it is determined to be a security risk. The 
number of passengers on charter and rental aircraft is unknown. 
Further, CBO expects that many operators of charter or rental 
aircraft, particularly operators who do not require advance 
reservations (e.g., sightseeing tours) or operators who serve 
frequent customers (e.g., sports teams) would not request TSA 
screening because of potential delays. For this estimate, CBO 
assumes that TSA would screen around 10 million passenger 
records per year for operators of charter and rental aircraft. 
Based on information from TSA, we estimate that the additional 
passenger screening would cost about $12 million in 2005 and 
nearly $90 million over the 2005-2009 period.
    Within one year of the bill's enactment, section 7 would 
require TSA to at least double the volume of cargo that is 
currently screened or inspected for passenger aircraft. Air 
carrier operators screen cargo on passenger flights, subject to 
TSA requirements. The agency provides regulatory oversight of 
the air carriers' work through its dedicated cargo inspectors.
    In addition, the bill would instruct TSA to require 
evaluations and background checks of employees that ship, 
forward, and handle cargo. Based on information from TSA, CBO 
estimates that the agency would need 100 additional inspectors 
to monitor cargo screening at a cost of $14 million in 2005 and 
about $80 million over the next five years.

Other Provisions

    Several additional provisions of S. 2393 would add over 
$137 million to the bill's cost over the 2005-2009 period.
     Section 2 would authorize the appropriation of $50 
million for the FAA to create a system to issue pilot's 
licenses that are secure and include unique biometric or other 
information. The funds would likely be spent over the next two 
years.
     Section 5 would require TSA to set standards for 
determining the appropriate level of security staffing at 
commercial airports and to study the possibility of combining 
the screening and security-related functions of federal 
employees stationed at airports. Based on information from TSA, 
CBO estimates that this work would cost about $4 million over 
the next two years.
     Section 9 would authorize the appropriation of $83 
million for the deployment of additional federal air marshals 
over the next three years.
     S. 2393 would require the preparation of several 
studies and reports, including an analysis of TSA's standards 
for security staffing levels by the Government Accountability 
Office (GAO), a report by the Department of Homeland Security 
(DHS) on its implementation of GAO recommendations on 
information sharing, and a report on protecting commercial 
aircraft from the threat of Man-Portable Air Defense Systems 
(MANPADS). Investigation of those issues by TSA, GAO, and DHS 
is already under way, and CBO expects that the cost of the new 
reporting requirements under S. 2393 would be negligible.
    Estimate impact on state, local, and tribal governments: S. 
2393 contains no intergovernmental mandates as defined in the 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: S. 2293 would 
impose private-sector mandates as defined in UMRA on U.S. and 
foreign air carriers, all-cargo aircraft operators and their 
flight crews, and airline passengers. CBO expects that the 
aggregate direct costs to comply with those mandates would not 
exceed the annual threshold established by UMRA for private-
sector mandates ($120 million in 2004, adjusted annually for 
inflation).

Bereavement Fares

    All air carriers would be required to offer bereavement 
fares to the public for air transportation in connection with 
the death of a relative at the lowest fare offered by the air 
carrier for the flight for which the bereavement fare is 
requested. According to industry and government 
representatives, bereavement fares are currently offered 
voluntarily by many of the major air carriers at fares 
determined by the air carrier. Air carriers would manage the 
bereavement fare requirement in the most cost-effective way 
possible. The bill would allow air carriers some flexibility in 
determining who would qualify for the fare, the appropriate 
documentation, and the lowest feasible fare. The direct cost to 
comply with the mandate would vary depending on the rules and 
regulations to be developed after enactment.

Passenger Air Carrier Security

    The bill would require U.S. and foreign air carriers to at 
least double the volume of property that is screened or 
inspected within one year of enactment. The bill defines 
property as mail, cargo, and other articles carried aboard a 
passenger aircraft. Based on information from TSA and industry 
representatives, CBO expects the direct cost for air carriers 
to comply with the mandate could be substantial but not large 
enough to make the aggregate costs of the mandates in the bill 
exceed the annual threshold.
    The bill also would prohibit passengers from carrying 
butane lighters onboard passenger aircraft. CBO expects that 
the direct cost to comply with the mandate would be minimal, if 
any.

All-Cargo Aircraft Security

    All-cargo aircraft operators would be required to:
           Maintain a barrier between the aircraft 
        flight deck and the cargo compartment,
           Physically screen each person and their bags 
        to be transported on an all-cargo aircraft,
           Physically search each aircraft prior to the 
        first flight of the day for the aircraft, and
           Secure any aircraft that is unattended 
        overnight.
    In addition, the bill would prohibit the possession of a 
key to a flight deck door by any member of a flight crew who is 
not assigned to the flight deck. Based on information on 
current industry practices from TSA and industry 
representatives, CBO expects that the costs to comply with 
those mandates would be small.
    Estimate prepared by: Federal Costs; Megan Carroll and 
Gregory Waring, Impact on State, Local, and Tribal Governments: 
Gregory Waring, Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation as reported:

                       NUMBER OF PERSONS COVERED

  The reported bill would take steps to strengthen aviation 
security in the U.S. by addressing areas in the existing 
security regime determined by Congressional review as weak. The 
bill affects DHS, TSA and other entities already subject to DHS 
rules and regulations, thus the individuals covered should be 
consistent with the current numbers of persons impacted under 
existing aviation security laws.

                            ECONOMIC IMPACT

  S. 2393 is not expected to have a negative impact on the U.S. 
economy, and portions of the bill aimed at using improved 
technology to enhance current baggage and passenger screening 
practices may provide significant cost savings to the aviation 
industry.

                                PRIVACY

  The reported bill would have minimal impact on the privacy 
rights of individuals, and under provisions that allow for 
airplane lease and charter companies to receive background 
checks of potential customers against terrorist watch lists, 
privacy safeguards have been included.

                               PAPERWORK

  It is not anticipated that there will be a major increase in 
paperwork burdens resulting from the enactment of S. 2393. In 
areas where the bill requires additional paperwork, such as 
reporting requirements, it is aimed at improving the security 
of the national air transportation system.

                      Section-by-Section Analysis


Section 1. Short title

  Section 1 provides that the Act may be called the ``Aviation 
Security Advancement Act.''

Section 2. Improved pilot licenses

  Section 2 requires the FAA to establish a system to issue new 
pilot licenses within 180 days after enactment of the bill that 
are tamper resistant, have a photo of the pilot, and are 
capable of accommodating a biometric identifier.
  Section 2 allows the FAA to use designees to minimize the 
burden on individual pilots, and authorizes $50 million in 
fiscal year (FY) 2005 to establish this program.

Section 3. Aircraft charter customer screening

  Section 3 directs the DHS to develop a procedure, within 90 
days after enactment of the bill, by which aircraft charter 
operations may provide TSA the names of potential customers to 
be checked against the agency's terrorist watchlists. Any 
individual identified as a flight security risk will be 
prohibited from boarding such aircraft.
  Section 3 mandates that DHS incorporate privacy safeguards 
into the procedure that will prohibit sharing information about 
the individual being screened with the charter operation. Also, 
individuals identified as a security risk will have immediate 
access to TSA for the purpose of correcting any errors 
regarding the individuals identity.
  Section 3 authorizes DHS such sums as necessary to carry out 
this section.

Section 4. Aircraft rental customer screening

  Section 4 directs DHS to develop a procedure, within 90 days 
after enactment of the bill, by which aircraft rental 
operations may provide TSA the names of potential customers to 
have those individuals checked against the agency's terrorist 
watchlists. Any individual identified as a flight security risk 
will be prohibited from boarding such aircraft.
  Section 4 mandates that DHS incorporate privacy safeguards 
into the procedure that will prohibit sharing information about 
the individual being screened with the rental operation, and 
that such individuals identified as a security risk will have 
immediate access to TSA for the purpose of correcting any 
errors regarding the individual's identity.
  Section 4 requires DHS to test the system through a pilot 
program before fully implementing the programs, and authorizes 
DHS such sums as necessary to carry out this section.

Section 5. Aviation security staffing

  Section 5 requires DHS to work with the Department of 
Transportation (DOT) and individual Federal Security Directors 
(FSDs) to establish staffing standards for security screening 
checkpoints at every commercial airport in the U.S. within 90 
days of enactment. The standards must be based on providing 
appropriate security while minimizing passenger delays at each 
checkpoint. The Government Accountability Office (GAO) is 
directed to perform an analysis of this initiative, and DHS and 
GAO must report to Congress on the standards that are 
developed, including recommendations to further improve 
screening within 120 days. DHS must also study the feasibility 
of combining the operations of Federal airport workers with 
other government employees performing aviation security 
functions to determine the impact of this workforce integration 
on air transportation security.

Section 6. Improved air cargo and airport security

  Section 6 authorizes appropriations of $200 million for FYs 
2005 through 2007 to fund aviation cargo security.
  Section 6 requires DHS to establish a next-generation cargo 
security grant program to facilitate the creation and use of 
improved air cargo security technology. $100 million is 
authorized each year for FYs 2005 through 2007 to fund 
research, development and deployment of next-generation 
security technology. DHS is directed to provide an annual 
report to Congress on the status of this program.
  Section 6 also authorizes $150 million each year for FYs 2005 
through 2007 to fund expiring and new LOIs to pay for capital 
infrastructure security improvements at commercial airports.

Section 7. Air cargo security measures

  Section 7 requires DHS and DOT to implement an air cargo 
security plan based on recommendations of the Cargo Security 
Working Group of the Aviation Security Advisory Committee. In 
addition to planning, TSA must also establish regulations to 
strengthen the supply chain security of air cargo by evaluating 
indirect air carriers and ground handling agents, as well as, 
an evaluation of the use of canine detection teams.
  Section 7 directs TSA to develop, within 180 days of 
enactment, a requirement for all-cargo aircraft to keep a 
barrier between the flight deck and the cargo compartment and 
to take further action to secure all-cargo aircraft. In 
addition, TSA is required to develop standards for screening of 
any passengers or service personnel going on-board all-cargo 
aircraft, and for screening individual aircraft each day within 
1 year of enactment. TSA has the option of working with FAA to 
develop alternative means of compliance for any of the measures 
required by this section.
  Section 7 also requires DHS to double the volume of cargo 
screened on commercial passenger aircraft within one year of 
enactment.

Section 8. Explosive detection systems

  Section 8 mandates that DHS develop a schedule for replacing 
trace detection equipment (ETD) used for in-line baggage 
screening purposes with EDS within 180 days of enactment. This 
action must include a report to Congress on the schedule and 
estimated impact of this measure.
  Section 8 authorizes $100 million for next-generation EDS 
development with a mandate that DHS must develop planning 
guidelines to implement improved EDS equipment.
  Section 8 authorizes $250 million for portal detection system 
research and development for TSA to develop a pilot program at 
up to ten airports.
  Section 8 also requires DHS to provide Congress an annual 
report on the next-generation EDS and portal detection system 
initiatives.

Section 9. Air marshal program

  Section 9 requires DHS to report on the potential impact of 
cross-training the Federal Air Marshal (FAM) workforce for 
other Federal duties.
  Section 9 also authorizes $83 million in additional funding 
to increase FAM program support for FYs 2005 through 2007.

Section 10. TSA-related baggage claim issues study

  Section 10 requires DHS to report to Congress on the current 
system for addressing missing or damaged baggage related to 
airport screening within 90 days after enactment. The report 
must include information on the current time needed to settle 
claims, the effect of ATSA on the system, and recommendations 
to include airlines in efforts to improve the process.

Section 11. Report on implementation of GAO homeland security 
        information sharing recommendations

  Section 11 requires DHS to report to Congress within 30 days 
of enactment on the implementation of recommendations contained 
in the GAO Report on ``Homeland Security: Efforts To Improve 
Information Sharing Need To Be Strengthened.''

Section 12. Aviation security research and development

  Section 12 authorizes $20 million for TSA to conduct 
biometric research and development to determine the 
applicability of such technology to aviation security.
  Section 12 also authorizes $1 million for DHS/TSA to 
establish a Biometrics Center of Excellence.

Section 13. Perimeter access technology

  Section 13 authorizes $100 million for airport perimeter 
security technology, perimeter fencing, contracts, vehicle 
tagging and other related security operations.

Section 14. Bereavement fares

  Section 14 requires air carriers to offer bereavement fares 
to the public in connection with the death of a relative or 
other relationships as determined by the air carrier. The fares 
must be made available, to the greatest extent practicable, at 
the lowest fare offered by the carrier for the flight 
requested.

Section 15. Review and revision of prohibited items list

  Section 15 directs TSA to modify the prohibited items list, 
within 60 days of enactment, to prohibit air carrier passengers 
from carrying butane lighters onboard any aircraft.

Section 16. Report on protecting commercial aircraft from the threat of 
        man-portable air defense systems

  Section 16 requires DHS, in coordination with TSA, to prepare 
a report on protecting commercial aircraft from the threat of 
MANPADS. The report must include: an estimate of those 
organizations that have access to MANPADS and their potential 
risk; a description of the efforts of DHS to protect commercial 
aircraft from MANPADS; an assessment of the systems currently 
being considered by DHS to counter this threat; justification 
for the schedule DHS has developed to address the MANPADS 
threat; an assessment of other technology that could be 
employed on aircraft to address the threat; an assessment of 
alternate approaches to address the threat that are not 
aircraft-based; a review of contractor liability associated 
with the use of counter-MANPADS systems; a description of 
strategies that DHS may employ at the conclusion of the current 
demonstration project; consideration of a plan to expedite 
counter-MANPADS programs if the threat warrants it; information 
regarding DHS efforts to identify areas at domestic and foreign 
airports that are most vulnerable to MANPADS attack; and, a 
description of cooperation between DHS and FAA to certify the 
safety of counter-MANPADS systems and technology.
  Section 16 requires that the MANPADS report be submitted to 
Congress in coordination with the fiscal year 2006 budget.

Section 17. Screening devices to detect chemical and plastic explosives

  Section 17 directs DHS to provide Congress a report, within 
90 days after enactment, on the status of current efforts and 
additional needs regarding the use of passenger checkpoint 
screening equipment to detect chemical and plastic explosives 
with a timetable and cost estimate for the installation of 
recommended equipment.

Section 18. Reports on the federal air marshals program

  Section 18 directs DHS to provide Congress a classified 
report, within 90 days after enactment and every 90 days 
thereafter, on the number of individuals serving as FAMs. The 
report is required to include the number of FAMs who are women, 
minorities or non-DHS employees, the percentage of domestic and 
international flights they are stationed on, and the rate at 
which individuals are leaving the FAM program.

Section 19. Security of air marshal identity

  Section 19 requires DHS to designate individuals and parties 
to whom FAMs will be required to identify themselves with the 
direction that no other law or policy shall expose the identity 
of a FAM to anyone other than those designated by DHS.

Section 20. Security monitoring cameras for airport baggage handling 
        areas

  Section 20 mandates DHS provide assistance to commercial 
airports with baggage handling areas that are not open to 
public view in the acquisition and installation of security 
monitoring cameras for surveillance of the baggage area to 
deter theft and promote timely resolution of liability claims 
against TSA.
  Section 20 authorizes such sums as may be necessary in FY 
2005 to carry out this section.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                      TITLE 49, UNITED STATES CODE

                          CHAPTER 415. PRICING

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.

                             * * * * * * *

                         CHAPTER 449. SECURITY

                       SUBCHAPTER I. REQUIREMENTS

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.