[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4312 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4312

                     To enhance aviation security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2004

 Mr. Markey (for himself, Mr. Turner of Texas, Mr. Israel, Ms. Loretta 
     Sanchez of California, Mr. Dicks, Ms. Harman, Mr. Cardin, Ms. 
    Slaughter, Mrs. Lowey, Ms. Norton, Ms. Lofgren, Ms. McCarthy of 
  Missouri, Ms. Jackson-Lee of Texas, Mrs. Christensen, Mr. Lucas of 
  Kentucky, Mr. Langevin, Mr. Meek of Florida, Mr. Acevedo-Vila, Mr. 
Stark, and Mr. Green of Texas) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
                     To enhance 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 ``Safe Passengers and Lading in 
Aviation for the National Enhancement of Security Act''.

SEC. 2. PASSENGER AND BAGGAGE SCREENING OPERATIONS.

    (a) Study.--The Secretary of Homeland Security shall conduct a 
study on the workforce size needed to adequately conduct passenger and 
baggage screening operations. The study shall include an analysis of 
the optimal screener workforce for security purposes, taking into 
account the following: passenger demand for air travel, number of 
airports and screening checkpoints, number of screeners required to 
operate each checkpoint, use of technology (including in-line explosive 
detection systems for baggage screening), and any additional screening 
personnel and other resources that may be necessary to implement 
section 14 of this Act. The study shall cover all screeners, whether 
employed by the Transportation Security Administration or private 
companies.
    (b) Report.--Not later than December 31, 2004, the Secretary shall 
transmit to Congress a report on the results of the study, together 
with recommendations concerning the appropriate screener staffing 
level, including assessments of full time versus part time screeners, 
and appropriate ratio of supervisors, lead screeners, and screeners. 
The Secretary shall include in this report a description of the 
assumptions used for determining acceptable passenger wait times at 
screening checkpoints, and how different lengths of expected wait times 
would influence the analysis.

SEC. 3. PROCEDURES FOR OPTING OUT OF FEDERALIZED SCREENING.

    (a) Report.--If the Department of Homeland Security authorizes an 
airport to opt out of federalized screening under section 44919 of 
title 49, United States Code, the Secretary shall transmit to Congress 
on the date of such authorization a report certifying that security 
will be preserved at the airport.
    (b) Contents.--The report shall include, at a minimum, the 
following:
            (1) The security and nonsecurity factors that the 
        Transportation Security Administration used to evaluate the 
        application to opt out of federalized screening.
            (2) A description of how the Administration will ensure 
        compliance of security regulations and statutes at the airport 
        on a regular and continuing basis.
            (3) All security functions for which the Administration 
        will maintain direct responsibility at the airport.
            (4) The decisionmaking authority for screening operations 
        retained by the Administration, and those authorities 
        transferred to the airport or private screening entity.
            (5) The amount of Federal funds that will be provided to 
        the airport or private screening entity for screening 
        operations, for what purposes, and how such funds will be 
        provided.

SEC. 4. EXPLOSIVE DETECTION EQUIPMENT.

    In entering into agreements with airports to install electronic 
detection equipment or to alter airport structures to facilitate 
explosive detection equipment, the Secretary of Homeland Security shall 
give priority to those airports that have not met the requirement of 
section 44901(d) of title 49, United States Code, to screen all checked 
baggage with explosive detection systems.

SEC. 5. ELIMINATION OF BAG-MATCH PROGRAM AS ACCEPTABLE ALTERNATIVE FOR 
              CHECKED BAGGAGE.

    (a) In General.--Section 44901(e) of title 49, United States Code, 
is amended--
            (1) by striking paragraph (1); and
            (2 by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (1), (2), and (3), respectively.
    (b) Limitation on Statutory Construction.--Nothing in this section 
(including the amendments made by subsection (a)) shall be construed to 
prevent the Transportation Security Administration from using the bag-
match program as a supplemental means of securing checked baggage.

SEC. 6. AVIATION SECURITY TECHNOLOGIES.

    (a) Report.--As part of the Department of Homeland Security's 
budget request for fiscal year 2006, the Secretary of Homeland Security 
shall transmit to Congress a report on--
            (1) the status and technical maturity of aviation security 
        technologies (including technologies for detecting explosive, 
        chemical, biological, or radiological materials on or in 
        passengers, carry-on or checked baggage, or air cargo, 
        improving resolution and readability of x-ray-based baggage 
        screening systems, integrating the threat imaging projection 
        system into checked baggage detection systems, and site access 
        security for airport facilities);
            (2) the planned schedule for deployment of such 
        technologies;
            (3) the expected costs for development, testing, 
        evaluation, procurement, and installation, and projected annual 
        costs for operation and maintenance, of such technologies;
            (4) potential deployment problems in an airport setting; 
        and
            (5) the advisability of deploying security technologies to 
        airports in a manner that maximizes the number of technologies 
        that Federal and airport security personnel can effectively 
        operate.
    (b) Technology Specifications and Certification.--Not later than 6 
months after the date of enactment of this Act, the Secretary, acting 
through the head of the Transportation Security Administration, the 
Under Secretary for Science and Technology, and the Under Secretary for 
Information Analysis and Infrastructure Protection, shall--
            (1) issue updated technical specifications governing the 
        use of explosive detection systems for baggage screening based 
        on the most recent assessment of terrorist capabilities, 
        potential impacts upon aircraft and passengers of the use of 
        various weapons or dangerous materials, and the state of 
        explosive detection technology;
            (2) determine the compliance with such specifications of 
        currently deployed baggage screening equipment;
            (3) use such specifications for future certification of new 
        technologies for use in baggage screening; and
            (4) issue technical specifications governing the use of 
        technology for screening air cargo if the Secretary determines 
        that explosive detection technologies under paragraph (1) for 
        passenger and baggage screening do not meet the needs for 
        screening air cargo in accordance with the system established 
        under section 404 of the Homeland Security Act of 2002.

SEC. 7. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Subtitle A of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201-203) 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 and begin to 
implement a system to screen or inspect 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 
such terms are defined in section 40102 of title 49, United States 
Code). The system shall require the use of equipment, technology, and 
personnel to screen and inspect cargo that meet the same standards as 
those established by the Secretary for equipment, technology, and 
personnel used to screen passenger baggage.
    ``(b) Report.--Not later than 210 days after the date of enactment 
of this section, the Secretary shall transmit to Congress a report 
describing the system under subsection (a).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 8. DATABASE ON KNOWN SHIPPING COMPANIES.

    (a) In General.--Not later than April 1, 2005, the Secretary of 
Homeland Security shall complete, and make available as appropriate to 
personnel of the Transportation Security Administration, freight 
forwarders, airport authorities, air carriers, and other relevant 
entities a database containing the names and other relevant information 
of all known shipping companies. In making such database available to 
nongovernmental entities, the Secretary shall ensure that sensitive 
security information and company proprietary information is adequately 
protected.
    (b) Report.--Not later than the 30th day following the date of the 
completion of the database under subsection (a), the Secretary shall 
transmit to Congress a report on the number of known shipping companies 
in the database, the number of known shipping companies for whom the 
Administration has conducted physical inspections of facilities and 
paperwork of such companies to determine compliance with security 
regulations that apply to those companies, the number of companies that 
have applied to the Secretary for known shipping company status and 
been denied, and the number of known shipping companies that have been 
removed from the database as a result of findings by the Administration 
that such companies have failed to comply with appropriate security 
regulations

SEC. 9. TRAINING PROGRAMS.

    (a) In General.--For the purposes of deploying Federal law 
enforcement officers not part of the Federal Air Marshal Service as 
alternative security personnel on commercial aircraft--
            (1) the Secretary of Homeland Security, not later than the 
        90th day following the date of enactment of this Act, shall 
        establish training standards that all Federal law enforcement 
        officers must meet in order to serve as Federal air marshals; 
        and
            (2) the head of the Federal Air Marshal Service, in 
        determining on which flights to place one or more Federal air 
        marshals, shall--
                    (A) have access to information on whether Federal 
                law enforcement officials meeting the training 
                standards established under paragraph (1) are scheduled 
                to travel on commercial flights; and
                    (B) not substitute Federal law enforcement 
                officials that have not met such training standards for 
                Federal air marshal personnel.
    (b) Waiver.--The Secretary may waive the requirement of subsection 
(a)(2)(B) for not to exceed 6 months after the 90th day referred to in 
subsection (a) if necessary for security purposes.
    (c) Report.--The Secretary shall transmit to Congress a report on 
the timeline for providing training required to carry out subsection 
(a)(2) and any additional resources needed to implement this section.

SEC. 10. COORDINATION OF AIR MARSHAL ACTIVITIES.

    The Secretary of Homeland Security, in consultation with the 
Secretary of State, shall collaborate with foreign governments to 
coordinate air marshal activities, including air marshal scheduling on 
international flights, weapons training, use and protocols for 
nonlethal weapons, threat recognition, communications, and other issues 
as determined appropriate by the Secretary.

SEC. 11. FLIGHT DECK SECURITY FOR FOREIGN AIR CARRIER OVERFLIGHTS.

    (a) In General.--Not later than the 90th day following the date of 
enactment of this Act, the Secretary of Homeland Security shall issue 
regulations to require that overflying aircraft meet or exceed the 
level of flight deck security for passenger and cargo as required under 
part 129.28 of title 14, Code of Federal Regulations, as in effect on 
the date of enactment of this Act.
    (b) Definition.--In this section, the term ``overflying aircraft'' 
means a flight of a passenger or cargo aircraft by a foreign air 
carrier that departs from and arrives at an airport outside the United 
States and enters United States airspace during the flight.

SEC. 12. DAILY PREFLIGHT SEARCHES OF AIRCRAFT.

    (a) Regulations.--The Secretary of Homeland Security, in 
conjunction with the Administrator of the Federal Aviation 
Administration, shall issue, by October 1, 2004, regulations governing 
daily preflight searches of aircraft for foreign materials that might 
be used in a terrorist attack.
    (b) Reimbursement.--
            (1) In general.--The Secretary shall reimburse air carriers 
        for expenses incurred, during the 1-year period beginning on 
        the date of enactment of this Act, in training air carrier 
        personnel as necessary to implement the regulations issued 
        under this section.
            (2) Funding.--There are authorized to be appropriated such 
        sums as may be necessary to carry out this subsection for 
        fiscal years 2005 and 2006.
    (c) Guidance.--The Secretary shall provide guidance to air carriers 
on removing or otherwise securing items commonly found on board 
aircraft that might be used in an act of terrorism.

SEC. 13. FLIGHT CREW COMMUNICATION SYSTEMS.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
require, to the greatest extent technically feasible, air carriers (as 
defined in section 40102 of title 49, United States Code) to provide 
flight attendants with a discreet and wireless method of communicating 
with pilots that meet such standards as the Secretary may establish by 
regulation. Such a system must be accessible by any Federal air marshal 
on a flight of an air carrier and appropriate Government security 
officials and personnel of the air carrier.
    (b) Deadline for Regulations.--The Secretary shall issue 
regulations to carry out this section not later than the 90th day 
following the date of enactment of this Act.

SEC. 14. AIRPORT SITE ACCESS AND PERIMETER SECURITY.

    (a) Report.--Not later than the 90th day following the date of 
enactment of this Act, the head of the Transportation Security 
Administration shall transmit to Congress a report that addresses the 
Administration's implementation of sections 106, 136, and 138 of the 
Aviation and Transportation Security Act (Public Law 107-71). Such 
report shall include, at a minimum, the following:
            (1) How and on what date the Administration complied with 
        each provision of such sections.
            (2) For each provision of such sections that has not been 
        complied with, the actions the Administration has taken as of 
        the date the report is transmitted to Congress and the 
        estimated completion date and costs for actions that the 
        Administration must take in order to comply with that 
        provision.
    (b) Access to Sterile Areas.--All personnel accessing airport 
sterile areas from unrestricted areas shall undergo security screening 
in accordance with section 44901(a) of title 49, United States Code.
    (c) Access to Secure Areas.--The Transportation Security 
Administration shall ensure that all personnel accessing airport secure 
areas have successfully undergone a background check, conducted by the 
Transportation Security Administration, consisting of all measures 
required of passenger screener personnel of the Administration under 
section 44936 of title 49, United States Code.
    (d) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to provide passengers, airport workers, or other 
personnel not granted regular access to secure areas before the date of 
enactment of this Act authority to do so, regardless of whether such 
person has undergone security screening.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Sterile areas.--The term ``sterile areas'' means any 
        part of an airport that is regularly accessible to passengers 
        after having cleared a passenger security screening checkpoint.
            (2) Secure areas.--The term ``secure areas'' means parts of 
        an airport complex not typically accessible to passengers, 
        including areas outside of terminal buildings, baggage handling 
        and loading areas, parked aircraft, runways, air control 
        towers, and similar areas.
    (f) Effective Date.--Subsections (b) and (c) take effect on the 
120th day following the date of enactment of this Act.

SEC. 15. MANPADS.

    (a) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary of Homeland Security, acting through the head 
of the Transportation Security Administration and the Under Secretary 
for Science and Technology of the Department of Homeland Security, 
shall transmit to Congress a report on defending against the threat 
from MANPADS attacks on commercial aircraft.
    (b) Contents.--The report shall include, at a minimum, the 
following:
            (1) An evaluation of the current and projected future 
        threats to commercial aircraft from MANPADS, including an 
        assessment of the likelihood that terrorist groups will obtain 
        MANPADS of various levels of sophistication, the ability of 
        terrorist groups to use such systems, and the relative 
        effectiveness of such systems against commercial aviation.
            (2) A technical assessment of the adequacy and maturity of 
        current aircraft-based countermeasures to current and projected 
        threats from shoulder-launched missiles.
            (3) To the extent that any countermeasures under paragraph 
        (2) are assessed to be sufficiently technically mature for 
        deployment on commercial aircraft, a determination of--
                    (A) the technical ability of such countermeasures 
                to prevent MANPADS from impacting an aircraft;
                    (B) any operational difficulties with deploying, 
                maintaining, or using such countermeasures; and
                    (C) the cost of deploying and maintaining such 
                countermeasures on all or part of the commercial 
                aircraft fleet.
            (4) An assessment of alternate technological approaches for 
        MANPADS countermeasures, including estimates of timelines for 
        development, testing, and evaluation.
            (5) A description of the need for additional mid-term and 
        long-term research and development to advance technologies to 
        meet current and future threats, including a cost-benefit 
        analysis of alternative technologies.
            (6) The criteria and plans for selecting technologies for 
        additional research and development described in paragraph (5).
            (7) The status and plans for programs of the Department of 
        Homeland Security to decrease the risk of MANPADS attacks on 
        commercial aircraft through airport perimeter security, 
        improved identification of MANPADS by the Bureau of Customs and 
        Border Protection, and international efforts to counter 
        proliferation and otherwise reduce availability of MANPADS to 
        terrorist groups or individuals.
    (c) MANPADS Defined..--In this section, the term ``MANPADS'' means 
man-portable air defense systems, which are shoulder-fired, surface-to-
air missile systems that can be carried and transported by a person.
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