[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3798 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3798

    To amend the Homeland Security Act of 2002 to improve aviation 
                               security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2004

  Mr. Markey introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Homeland Security Act of 2002 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 ``Secure Existing Aviation Loopholes 
Act''.

SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Subtitle A of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is amended by adding at the end the following:

``SEC. 404. AIR CARGO ON PASSENGER AIRCRAFT.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a system to 
screen or inspect to ensure the security of all cargo that is to be 
transported in passenger aircraft operated by an air carrier or foreign 
air carrier in air transportation or intrastate air transportation (as 
defined in section 40102 of title 49, United States Code). The system 
shall use equipment, technology, and personnel to screen and inspect 
cargo that meet the same standards as those established to screen 
passenger baggage.
    ``(b) Implementation Plan.--The Secretary shall--
            ``(1) develop an implementation plan to carry out 
        subsection (a); and
            ``(2) establish and impose fees (to be known as `cargo 
        security fees') for shippers of cargo to pay costs associated 
        with carrying out subsection (a).
    ``(c) Research and Development of New Technologies.--The Secretary 
shall monitor and evaluate the research and development of effective 
cargo screening technologies.
    ``(d) Schedule of Fees.--In imposing fees under this section, the 
Secretary shall ensure that the fees are reasonably related to the 
Transportation Security Administration's costs of providing services 
rendered.
    ``(e) Imposition of Fee.--
            ``(1) In general.--Notwithstanding section 9701 of title 
        31, United States Code, and the procedural requirements of 
        section 553 of title 5, United States Code, the Secretary shall 
        impose the cargo security fee through the publication of notice 
        of the fee in the Federal Register and begin collection of the 
        fee within 60 days of the date of enactment of this section, or 
        as soon as possible thereafter.
            ``(2) Subsequent modification of fee.--After imposing a 
        cargo security fee in accordance with this section, the 
        Secretary may modify, from time to time through publication of 
        notice in the Federal Register, the imposition or collection of 
        such fee, or both.
            ``(3) Limitation on collection.--No cargo security fee may 
        be collected under this section except to the extent that the 
        expenditure of the fee to pay the costs of activities and 
        services for which the fee is imposed is provided for in 
        advance in an appropriations Act.
    ``(f) Administration of Fees.--
            ``(1) Fees payable to secretary.--All fees imposed and 
        amounts collected under this section are payable to the 
        Secretary.
            ``(2) Fees collected by air carrier.--A fee imposed under 
        this section shall be collected by the air carrier or foreign 
        air carrier that provides transportation described in 
        subsection (a).
            ``(3) Due date for remittance.--A fee collected under this 
        section shall be remitted on the last day of each calendar 
        month by the carrier collecting the fee. The amount to be 
        remitted shall be for the calendar month preceding the calendar 
        month in which the remittance is made.
            ``(4) Information.--The Secretary may require the provision 
        of such information as the Secretary decides is necessary to 
        verify that fees have been collected and remitted at the proper 
        times and in the proper amounts.
            ``(5) Fee not subject to tax.--For purposes of section 4261 
        of the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee 
        imposed under this section shall not be considered to be part 
        of the amount paid for taxable transportation.
            ``(6) Cost of collecting fee.--No portion of the fee 
        collected under this section may be retained by the air carrier 
        or foreign air carrier for the costs of collecting, handling, 
        or remitting the fee except for interest accruing to the 
        carrier after collection and before remittance.
    ``(g) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, any fee collected under 
this section--
            ``(1) shall be credited as offsetting collections to the 
        account that finances the activities and services for which the 
        fee is imposed;
            ``(2) shall be available for expenditure only to pay the 
        costs of activities and services for which the fee is imposed; 
        and
            ``(3) shall remain available until expended.
    ``(h) Refunds.--The Secretary may refund any fee paid by mistake or 
any amount paid in excess of that required.''.

SEC. 3. FEDERAL AIR MARSHALS.

    (a) Flights of Foreign Air Carriers and Charter and All-Cargo Air 
Transportation.--Section 44917(a)(1) of title 49, United States Code, 
is amended by inserting before the semicolon at the end the following: 
``, on any passenger flight of an air carrier in charter air 
transportation for which the Under Secretary determines that such 
deployment is in the interest of aviation security, on every passenger 
flight of foreign air carriers in air transportation, and on flights of 
all-cargo air transportation''.
    (b) Limitation on Landing and Takeoff Rights of Foreign Air 
Carriers.--
            (1) In general.--No flight of a foreign air carrier may 
        land in or take off from any airport in the United States 
        unless such flight has on board a Federal air marshal or an 
        equivalent officer of the government of the foreign country 
        under the laws of which the foreign air carrier is organized if 
        the Secretary of Homeland Security requests the presence of 
        such marshal or officer on such flight.
            (2) Enforcement.--The Secretary of Homeland Security shall 
        take such action as may be necessary to ensure compliance with 
        this section and actions taken under this section.
            (3) Definitions.--In this subsection, the terms ``foreign 
        air carrier'', ``airport'', and ``United States'' have the 
        meaning such terms have in section 40102 of title 49, United 
        States Code.

SEC. 4. IMPROVED AVIATION SECURITY.

    Subtitle A of title IV of the Homeland Security Act of 2002 (2 
U.S.C. 601 et seq.) is further amended by adding at the end the 
following:

``SEC. 405. IMPROVED AVIATION SECURITY.

    ``(a) Improved Communication Systems.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of this section, the Secretary shall require all 
        flight crews of air carriers (as such term is defined in 
        section 40102 of title 49, United States Code) to have improved 
        communication systems for providing flight attendants with a 
        discreet, secure, hands-free, wireless method of communicating 
        with pilots that meet such standards as the Secretary may 
        establish by regulation. The communication system for any 
        flight must be accessible by any Federal air marshal on the 
        flight and appropriate Government security officials and 
        airline personnel.
            ``(2) Regulations.--The Secretary shall issue regulations 
        to carry out this subsection not later than the 90th day 
        following the date of enactment of this section.
            ``(3) Revision.--The Secretary may revise the standards 
        established under this subsection, and the regulations issued 
        to carry out this subsection, to reflect improvements in 
        technology and changes in terrorist tactics.
    ``(b) Bilateral and Multilateral Agreements to Strengthen 
Security.--
            ``(1) In general.--The Secretary shall develop a plan to 
        improve coordination between the Department and agencies and 
        departments of foreign governments that are such governments' 
        counterparts to the Department in the area of aviation 
        security. The plan shall include, at a minimum, development of 
        air marshal programs for foreign governments and the provision 
        of and technical assistance in the formulation of strategies to 
        limit access to sensitive areas of airports to authorized 
        individuals.
            ``(2) Reports.--The Secretary shall transmit to Congress 
        annually for the first 5 years following the date of enactment 
        of this section a report on the implementation of the plan 
        developed pursuant to this subsection.
    ``(c) Comprehensive Preflight Screening.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall issue 
        regulations to improve preflight screening of passenger 
        aircraft for dangerous objects and training of screeners of 
        passenger aircraft and to reduce the time between preflight 
        screening and the departure time for a flight.
            ``(2) Specific requirements.--The regulations shall require 
        individuals who perform the preflight security sweeps through 
        the passenger cabin and lavatories of passenger aircraft and 
        who are not members of the flight or cabin crew to be 
        physically screened for metallic objects, have their personal 
        bags inspected for prohibited items such as chemical, 
        biological, radiological, or nuclear materials, be subject to 
        criminal history background checks, social security checks, and 
        checks against all terrorist watch lists maintained by the 
        Government.
            ``(3) Study.--
                    ``(A) In general.--The Secretary shall conduct a 
                study on the potential security vulnerabilities created 
                by the use of nonflight crew members to conduct 
                preflight inspections, to assess the current training 
                provided to individuals who perform these inspections, 
                and to identify areas for improvement in such 
                inspections and training and make recommendations 
                regarding improving such inspections and training.
                    ``(B) Report.--Not later than 180 days after the 
                date of enactment of this section, the Secretary shall 
                transmit to Congress a report on the results of the 
                study.
    ``(d) Flight Attendant Training.--
            ``(1) Training requirements.--The Secretary, in 
        consultation with the Administrator of the Federal Aviation 
        Administration, shall issue a rule to--
                    ``(A) require both classroom and effective hands-on 
                situational training for flight attendants of air 
                carriers in the following elements of self defense:
                            ``(i) recognizing suspicious activities and 
                        determining the seriousness of an occurrence;
                            ``(ii) deterring a passenger who might 
                        present a problem;
                            ``(iii) crew communication and 
                        coordination;
                            ``(iv) the proper commands to give to 
                        passengers and attackers;
                            ``(v) methods to subdue and restrain an 
                        attacker;
                            ``(vi) use of available items aboard the 
                        aircraft for self-defense;
                            ``(vii) appropriate and effective responses 
                        to defend oneself, including the use of force 
                        against an attacker;
                            ``(viii) use of protective devices assigned 
                        to crew members (to the extent such devices are 
                        approved by the Administrator or Secretary);
                            ``(ix) the psychology of terrorists to cope 
                        with their behavior and passenger responses to 
                        that behavior; and
                            ``(x) how to respond to aircraft maneuvers 
                        that may be authorized to defend against an act 
                        of criminal violence or air piracy;
                    ``(B) require training of such flight attendants in 
                the proper conduct of a cabin search, including the 
                duty time required to conduct the search;
                    ``(C) establish the required number of hours of 
                training of such flight attendants and the 
                qualifications for the training instructors;
                    ``(D) establish the intervals, number of hours, and 
                elements of recurrent training of such flight 
                attendants; and
                    ``(E) ensure that air carriers provide the initial 
                training required by this paragraph within 12 months of 
                the date of enactment of this section.
            ``(2) Responsibility of secretary.--
                    ``(A) Consultation.--In developing the rule under 
                paragraph (1), the Secretary shall consult with 
                appropriate personnel in the Emergency Preparedness and 
                Response Directorate of the Department of Homeland 
                Security and with law enforcement personnel and 
                security experts who have expertise in self-defense 
                training, terrorism experts, and representatives of air 
                carriers, the provider of self-defense training for 
                Federal air marshals, flight attendants, labor 
                organizations representing flight attendants, and 
                educational institutions offering law enforcement 
                training programs.
                    ``(B) Designation of official.--The Secretary shall 
                designate an official in the Department to be 
                responsible for overseeing the implementation of the 
                training program under this subsection.
                    ``(C) Necessary resources and knowledge.--The 
                Secretary shall ensure that employees of the Department 
                responsible for monitoring the training program under 
                this subsection have the necessary resources and 
                knowledge.
    ``(e) Social Security Check Defined.--In this section and section 
406, the term `social security check' means a check on the validity of 
the social security number of an individual and a verification that the 
number is assigned to the individual.''.

SEC. 5. CONTROL OVER ACCESS TO SECURED AREAS OF AIRPORTS.

    (a) Airport Perimeter Access Security.--Subtitle A of title IV of 
the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is further 
amended by adding at the end the following:

``SEC. 406. ACCESS SECURITY.

    ``(a) Airport Perimeter.--Not later than 180 days after the date of 
the enactment of this section, the Secretary shall issue regulations to 
improve control over access to the secured area of each airport in the 
United States described in section 44903(c) of title 49, United States 
Code.
    ``(b) Background Checks for All Airport Workers.--Individuals 
employed in, or applying for, positions described in section 44936 of 
title 49, United States Code, and positions as aircraft maintenance and 
catering personnel, aircraft cargo handlers, and aircraft support 
facilities personnel whether having escorted or unescorted access to 
aircraft or secured areas of airports, shall be subject to a social 
security check and a check against all terrorist watch lists maintained 
by the Government in addition to the background checks required under 
such section.''.
    (b) Screening of Airport Workers Using Metal Detectors.--Section 
44903(h)(4)(B) of title 49, United States Code, is amended by inserting 
before the semicolon at the end the following: ``, including, at a 
minimum requiring such individuals to be physically screened for 
metallic objects and to have their personal bags inspected for 
prohibited items such as chemical, biological, radiological or nuclear 
materials''.

SEC. 6. AIRCRAFT MANEUVERS.

    (a) Training.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall issue regulations 
to carry out section 44918 of title 49, United States Code, by 
requiring air carriers--
            (1) to provide pilots with training in flight deck 
        procedures, aircraft maneuvers, and best practice to defend 
        their aircraft;
            (2) to provide cabin crew members with training in flight 
        deck communication procedures and the appropriate responses to 
        such procedures and maneuvers;
            (3) to provide, in conjunction with and law enforcement 
        authorities as appropriate, crew members with training in 
        procedures for communicating and coordinating effectively with 
        Federal air marshals and law enforcement officers during 
        attempts to disrupt the normal operation of the aircraft; and
            (4) to provide pilots with training in flight deck 
        procedures, aircraft maneuvers and best practices that enable 
        pilots to respond if the aircraft is struck by a surface-to-air 
        missile in a manner that increases the likelihood that the 
        pilots will be capable of safely landing the aircraft.
    (b) Development and Components of Pilot Training.--The training 
under subsection (a)(4) shall be developed in consultation with 
organizations that have expertise in the area of pilot training and 
shall include components that simulate the complete failure of the 
aircraft's hydraulic system and loss of normal flight controls.
    (c) Matters to Consider in Providing Training.--Training under this 
section shall be provided taking into account both the benefit that 
such procedures and maneuvers can provide to thwart terrorists who are 
on board aircraft and the potential safety risks to passengers and 
crew, as well as structural damage to aircraft, that may be associated 
with such procedures and maneuvers.
    (d) Effective Date of Regulations.--The regulations under this 
section shall take effect not later than the 365th day following the 
date of enactment of this Act.

SEC. 7. SECURING COCKPIT DOORS.

    Subtitle A of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is further amended by adding at the end the 
following:

``SEC. 407. SECURING COCKPIT DOORS.

    ``(a) Cargo Aircraft.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall--
            ``(1) issue an order--
                    ``(A) requiring any aircraft engaged in cargo air 
                transportation or intrastate air transportation to 
                have, not later than one year after the date of 
                issuance of such order, a door (and surrounding 
                partition) between the cargo and pilot compartments 
                that can be locked and cannot be forced open from the 
                cargo compartment;
                    ``(B) prohibiting access to the flight deck of 
                aircraft engaged in cargo air transportation or 
                intrastate air transportation, except by authorized 
                persons; and
                    ``(C) requiring that such flight deck doors remain 
                locked while any such aircraft is in flight except when 
                necessary to permit access and egress by authorized 
                persons; 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 aircraft.
    ``(b) Passenger Aircraft.--The Secretary shall issue an order to 
modify requirements imposed pursuant to section 104 of the Aviation and 
Transportation Security Act (49 U.S.C. 44903 note; 115 Stat. 605) to 
ensure that the wall surrounding the flight deck door on any aircraft 
engaged in passenger air transportation or intrastate air 
transportation is sufficient to secure the cockpit.
    ``(c) Grants.--The Secretary may make grants or other agreements 
with air carriers (including intrastate air carriers) to assist such 
carriers in complying with the orders issued under this section.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 8. SECURITY REQUIREMENTS FOR GENERAL AVIATION.

    (a) No Fly Zones.--The Secretary of Homeland Security--
            (1) shall establish for the duration of any high threat 
        level announced by the Secretary (including announcements of 
        code orange or above), and
            (2) may establish for the duration of any other threat 
        level that is announced by the Secretary and that the Secretary 
        determines appropriate,
no fly zones around sensitive nuclear facilities, chemical facilities 
identified by the Administrator of the Environmental Protection Agency 
at which a release of the facility's hazardous materials could threaten 
the health of more than 1,000,000 people, and any other facilities the 
Secretary may designate.
    (b) Vulnerability Assessments.--The Secretary shall--
            (1) require the operators of airports that serve general 
        aviation aircraft and landing facilities for such aircraft to 
        complete vulnerability assessments developed by the Secretary 
        for evaluation of the physical security of such airports and 
        facilities and of procedures, infrastructure, and resources 
        used with respect to such airports and facilities; and
            (2) develop a plan for addressing vulnerabilities 
        identified by such assessments not later than the 365th day 
        following the date of enactment of this Act.
    (c) Sensitive Nuclear Facility.--In this section, the term 
``sensitive nuclear facility'' means--
            (1) a commercial nuclear power plant and associated spent 
        fuel storage facility;
            (2) a decommissioned nuclear power plant and associated 
        spent fuel storage facility;
            (3) a category I fuel cycle facility;
            (4) a gaseous diffusion plant; and
            (5) a Department of Energy nuclear weapons materials 
        production, processing, storage, or research facility.
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