S 1429 IS

107th CONGRESS

1st Session

S. 1429

To provide for the improvement of security at airports and seaports.

IN THE SENATE OF THE UNITED STATES

September 14, 2001

Mr. EDWARDS introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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A BILL

To provide for the improvement of security at airports and seaports.

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 `Airport and Seaport Terrorism Prevention Act'.

TITLE I--SEAPORT SECURITY IMPROVEMENT

SEC. 101. PORT SECURITY INFRASTRUCTURE IMPROVEMENT.

(a) IN GENERAL- Title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) is amended by adding at the end thereof the following:

`SEC. 1113. GRANTS FOR PORT SECURITY INFRASTRUCTURE IMPROVEMENTS.

`(a) IN GENERAL- The Secretary, under section 1103(a) and subject to the terms the Secretary shall prescribe, and after consultation with the United States Coast Guard and the United States Customs Service, shall provide grants for seaport security infrastructure improvements for an eligible project at any United States seaport involved in international trade.

`(b) ELIGIBLE PROJECTS- A project is eligible for a grant under subsection (a) if it is for the construction, acquisition, or deployment of surveillance equipment and technology, including--

`(1) surveillance cameras with video feed to regional and national offices of the United States Customs Service that provide real-time information, observation, and situation status;

`(2) a pilot program for iris recognition or similar biometric technology for port workers with access to secure areas;

`(3) x-ray, ultrasound, and laser scanners to scan cargo containers; and

`(4) radiation monitors and other devices capable of detecting weapons of mass destruction, including chemical, biological, or similar substances.

`(c) AMOUNT OF GRANTS- The Secretary shall determine the amount of each grant based on available funding, not to exceed $250,000 for any one grant.

`(d) PROJECT PROPOSALS- Each proposal for a grant under this section shall include the following:

`(1) The name of the individual or entity responsible for conducting the project.

`(2) A succinct statement of the purposes of the project.

`(3) A description of the qualifications of the individuals who will conduct the project.

`(4) An estimate of the funds and time required to complete the project.

`(5) Evidence of support of the project by appropriate representatives of States or territories of the United States or other government jurisdictions in which the project will be conducted.

`(6) Information regarding the source and amount of matching funding available to the applicant, as appropriate.

`(7) Any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this title.'.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Transportation for grants under section 1113 of the Merchant Marine Act, 1936, such funds as may be necessary for each of the fiscal years 2002, 2003, 2004, and 2005.

SEC. 102. PILOT PROGRAM FOR TRACKING AND ANTI-TAMPERING.

(a) IN GENERAL- The Secretary of Transportation shall, in cooperation with the United States Customs Service and private shippers, establish a pilot program to track cargo within the United States, so that cargo can be tracked from the time it arrives in the United States until it reaches its final destination.

(b) ANTI-TAMPERING PROGRAM- The Secretary shall, in cooperation with the United States Customs Service and the Maritime Administration, develop and implement anti-tampering standards to ensure that cargo containers cannot be opened or tampered with during shipment within the United States.

SEC. 103. EVALUATION OF TECHNOLOGY.

The Coast Guard and the Maritime Administration shall work with the National Academy of Sciences to establish a panel to evaluate and assess technologies deployed to improve port security and to facilitate development of public-private partnerships to assess and improve seaport security.

SEC. 104. COAST GUARD DOMESTIC PORT SECURITY UNITS.

(a) IN GENERAL- The Commandant of the Coast Guard and the Administrator of the Maritime Administration shall establish Domestic Port Security Units and shall develop port response plans. The Domestic Port Security Units shall consist of teams of personnel trained in anti-terrorism activities that can be rapidly deployed to any port area threatened with terrorist activity.

(b) AUTHORIZATION- There are authorized to be appropriated $8,000,000 each fiscal year for each Domestic Port Security Unit.

TITLE II--AIRPORT SECURITY IMPROVEMENT

SEC. 201. SCREENING PASSENGERS AND PROPERTY.

Section 44901 of title 49, United States Code, is amended by adding at the end the following new subsection:

`(d) ADDITIONAL ACTIONS- The Administrator shall immediately undertake a study of additional actions that can be taken by security personnel at airports and on air carriers to enhance security and make security more visible. Not later than 6 months after the date of enactment of the Airport and Seaport Terrorism Prevention Act, the Administrator shall report to Congress the results of the study.

SEC. 202. AIR TRANSPORTATION SECURITY.

Section 44903 of title 49, United States Code, is amended--

(1) in subsection (c)(2)(C), by adding at the end the following:

`(iv) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL WEAPON DETECTION EQUIPMENT- The Administrator shall require airports to maximize the use of technology and equipment that is designed to detect potential chemical or biological weapons.

`(v) MAXIMUM USE OF ADDITIONAL INSPECTION AND DETECTION TECHNOLOGY- The Administrator shall require airports to maximize the use of available nonintrusive and other inspection and detection technology that may be approved by the Administrator for the purpose of screening passengers, baggage, or cargo.';

(2) by adding at the end of subsection (d) the following flush sentence: `The Secretary of Transportation, with the approval of the Attorney General and the Secretary of State, shall prescribe regulations specifying the law enforcement officers, including United States Customs agents, Federal Bureau of Investigation agents, and State and local law enforcement officers that may make arrests on planes.';

(3) by adding at the end of subsection (g)(1) the following new subparagraph:

`(C) REPORT OF INFRACTIONS- The Administrator shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Commerce of the House of Representatives at least once a year the number of violations or infractions by employees, including information regarding the sanctions taken. The report shall be confidential to protect national security interests.';

(4) by amending subsection (g)(2)(A) to read as follows:

`(A) immediately work with airport operators, air carriers, and Federal law enforcement officers, as deemed appropriate by the airport security officer, to implement new and strengthen existing controls to eliminate airport access control weaknesses on an ongoing basis, including the use of inspection or detection technology capable of detecting chemical, biological, or other potentially hazardous substances;';

(5) by amending subsection (g)(2)(D) to read as follows:

`(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;'; and

(6) by amending subsection (g)(2)(G) to read as follows:

`(G) require airport operators and air carriers to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, and catering delivery areas) to ensure the security of passengers and aircraft by using biometric or similar technologies that identify individuals based on unique personal characteristics.'.

SEC. 203. DOMESTIC AIR TRANSPORTATION SYSTEM SECURITY.

(a) ASSESSING THREATS- The first sentence of section 44904(a) of title 49, United States Code, is amended to read as follows: `The Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation jointly, and in consultation with the United States Customs Service, the Immigration and Naturalization Service, and such other Federal agencies as the Administrator may deem appropriate or as recommended by the Airport Director of Intelligence and Security and, if appropriate, with the Center for Civil Force Protection, shall assess current and potential threats to the domestic air transportation system. Such assessments shall begin not later than 30 days after the date of enactment of the Airport and Seaport Terrorism Prevention Act.'.

(b) AIRPORT SECURITY COMMITTEES- Section 44904 is amended by adding at the end the following new subsection:

`(d) AIRPORT SECURITY-

`(1) ESTABLISHMENT OF COMMITTEES- The Administrator shall establish within each of the largest 100 airports an airport security committee. Each committee shall be responsible for--

`(A) defining the physical boundaries within which to conduct vulnerability assessments, taking into account the unique characteristics of each airport;

`(B) reviewing airport security vulnerability assessments;

`(C) helping to coordinate the planning and other necessary security activities by conducting meetings not less frequently than 4 times each year;

`(D) disseminating information that will facilitate law enforcement activities; and

`(E) conducting an exercise at least once every 3 years to verify the effectiveness of each airport security plan.

`(2) MEMBERSHIP- In establishing airport security committees, the Administrator shall require that each committee include representatives of--

`(A) Federal, State, and local government;

`(B) Federal, State, and local government law enforcement agencies;

`(C) labor organizations and transportation workers;

`(D) air carriers using the airport; and

`(E) other private sector representatives as deemed appropriate by the Federal Security Manager.

`(3) CHAIRPERSON- Each airport security committee shall be chaired by the Federal Security Manager.

`(4) EXEMPTION FROM FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to an airport security committee.

`(5) ACCEPTANCE OF CONTRIBUTIONS; JOINT VENTURE ARRANGEMENTS- In carrying out its responsibilities under this title, an airport security committee, or a member organization or representative acting with the committee's consent, may accept contributions of funds, material, services, and the use of personnel and facilities from public and private entities by contract or other arrangement if the confidentiality of security-sensitive information is maintained and access to such information is limited appropriately.'.

SEC. 204. TRAVEL ADVISORIES.

(a) IN GENERAL- Section 44908 of title 49, United States Code, is amended--

(1) by amending subsection (a)(2) to read as follows:

`(2) shall publicize the advisory widely, including both at domestic airports and on the Department of Transportation and Federal Aviation Administration websites.'; and

(2) by adding at the end the following new subsection:

`(d) STATE OF EMERGENCY- In the event the President declares a state of emergency, the Administrator of the Federal Aviation Administration shall have the authority to establish additional security protections and restrictions as deemed appropriate to ensure the safety of passengers and the national aviation system. The Administrator shall report to Congress and to the President any action the Administrator proposes to take before implementing such action.'.

SEC. 205. PASSENGER MANIFESTS.

Section 44909(a) of title 49, United States Code, is amended by adding at the end the following new paragraph:

`(4) In the case of flights originating outside the United States, passenger manifests, including passport numbers, shall be transmitted to the United States Customs Service before the plane lands in the United States. The Secretary of Transportation may impose a similar requirement on foreign air carriers.'.

SEC. 206. INTELLIGENCE.

(a) POLICIES AND PROCEDURES- Section 44911(b) of title 49, United States Code, is amended by striking `international terrorism' and inserting `international and domestic terrorism'.

(b) UNIT FOR STRATEGIC PLANNING ON TERRORISM- Section 44911(c) is amended--

(1) by striking `shall consider placing' and inserting `shall establish'; and

(2) by adding at the end the following: `The head of each unit shall work with Federal Security Managers at individual airports.'.

SEC. 207. RESEARCH AND DEVELOPMENT.

Section 44912(b) of title 49, United States Code, is amended--

(1) in paragraph (1)(B), by striking `November 16, 1990' and inserting `October 1, 2001';

(2) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and

(3) by inserting after subparagraph (C) the following new subparagraph:

`(D) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport;'.

SEC. 208. EXPLOSIVE DETECTION.

Section 44913(a)(3) of title 49, United States Code, is amended by adding at the end the following new sentence: `The Administrator of the Federal Aviation Administration shall deploy the most up-to-date technology that is available and certified for inspecting passengers, baggage, and cargo for chemical, biological, or similar substance.'.

SEC. 209. ASSESSMENTS AND EVALUATIONS.

(a) PERIODIC ASSESSMENTS- Section 44916(a) of title 49, United States Code, is amended by striking `periodic audits of such assessments' and inserting `audits of such assessments at least once a year'.

(b) INVESTIGATIONS- Section 44916(b) of title 49, United States Code, is amended by adding at the end the following new sentence: `The Administrator shall report to Congress on a confidential basis the results of the investigation.

SEC. 210. REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECURITY.

Section 44932(c) of title 49, United States Code, is amended--

(1) by striking `and' at the end of paragraph (4);

(2) by striking the period at the end of paragraph (5) and inserting `;'; and

(3) by adding at the end the following:

`(6) to strengthen and enhance the ability to detect nonexplosive weapons, such as biological, chemical, or similar substances;

`(7) to ensure the use of the best available x-ray and other equipment for air transportation inspection and security purposes;

`(8) to evaluate such additional measures as may be appropriate to enhance physical inspection of passengers, luggage, and cargo; and

`(9) to inspect aircraft cabins, holds, and other areas prior to boarding passengers to ensure safety of the aircraft and to ensure that no item that may be used as a weapon is on the plane.'.

SEC. 211. FEDERAL SECURITY MANAGERS.

(a) IN GENERAL- Section 44933(a) of title 49, United States Code, is amended by striking `at each airport' and inserting `at at least the 100 largest airports'.

(b) DUTIES- Section 44933(b) of title 49, United States Code, is amended--

(1) by striking `and' at the end of paragraph (6);

(2) by striking the period at the end of paragraph (7) and inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(8) shall serve as chairperson of the airport security committee established under section 44904.'.

SEC. 212. EMPLOYMENT STANDARDS AND TRAINING.

Section 44935 of title 49, United States Code, is amended by adding at the end the following new subsection:

`(g) ADDITIONAL REQUIREMENTS- The Administrator shall prescribe regulations requiring additional training for existing screeners to ensure that the screeners are proficient in using the most up-to-date new technology and to ensure their proficiency in recognizing new threats and weapons. The Administrator shall make periodic assessments to determine if there are `dual use' items and shall inform the Federal Security Managers, who will then inform security screening personnel, of the existence of such items. Current lists of dual use items shall be part of the ongoing training for screeners. For purposes of this subsection, the term `dual use item' means an item that may seem harmless but that may be used as a weapon if allowed in carry-on luggage.'.

SEC. 213. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

Section 44936(a) of title 49, United States Code, is amended by adding at the end the following new paragraphs:

`(4) The Administrator of the Federal Aviation Administration shall consider the feasibility of requiring background checks of personnel that may be performing contract services for airports or air carriers, including construction contractors, caterers, and other personnel who have access to airports or air carriers. The Administrator of the Federal Aviation Administration shall immediately strengthen existing and develop new security measures relating to contractors, caterers, and other personnel that are not currently subject to background checks.

`(5) The Administrator shall establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for providing access control and other security protections for closed or secure areas of the airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.'.

SEC. 214. ADDITIONAL ASSESSMENTS AND REPORTS.

(a) IN GENERAL- Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section:

`Sec. 44939. Additional assessments and reports

`(a) IN GENERAL- The Administrator of the Federal Aviation Administration shall study options for improving the physical security of airports and of airplanes (in conjunction with private industry as appropriate), with a view towards--

`(1) improving security of the cockpit and flight attendant areas;

`(2) establishing emergency communication devices in the cockpit and flight attendant areas that are linked to the Federal Aviation Administration; and

`(3) providing real-time audio feed in the event of an emergency.

`(b) ASSESSMENT- The Administrator shall conduct an assessment, in conjunction with such other Government agencies as may be appropriate, of the vulnerability of the air traffic control system and other computer-based systems in place at airports.

`(c) REPORT- The Administrator shall report to Congress, not later than 90 days after the date of enactment of the Airport and Seaport Terrorism Prevention Act, on the progress made by Federal Aviation Administration to comply with existing requirements and regulations governing air traffic control security, security checkpoint screener certification, background checks, and deployment of inspection and detection technology.

`(d) EXAMINATION OF SCREENING RESPONSIBILITIES- The Administrator shall examine the feasibility of moving screening responsibilities to the Federal government away from airports and air carriers. The examination shall include an evaluation by the Federal Aviation Administration of problems associated with high turnover of screeners, including low wages, minimal benefits, job stress, level training, and other factors as may be appropriate.'.

(b) CONFORMING AMENDMENT- The analysis for subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following:

`44939. Additional assessments and reports.'.

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