[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 311 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 311

    To direct the Secretary of Transportation to issue regulations 
requiring turbojet aircraft of air carriers to be equipped with missile 
                defense systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2003

Mrs. Boxer (for herself and Mr. Schumer) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To direct the Secretary of Transportation to issue regulations 
requiring turbojet aircraft of air carriers to be equipped with missile 
                defense systems, and for other purposes.

    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 ``Commercial Airline Missile Defense 
Act''.

SEC. 2. REGULATIONS REQUIRING MISSILE DEFENSE SYSTEMS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue regulations 
that require all turbojet aircraft used by an air carrier for scheduled 
air service to be equipped with a missile defense system.
    (b) Schedule for Installation.--The regulations shall establish a 
schedule for the purchase and installation of such systems on turbojet 
aircraft currently in service and turbojet aircraft contracted for 
before the date of issuance of the regulations.
    (c) New Aircraft.--The regulations shall also require that all 
turbojet aircraft contracted for on or after the date of issuance of 
the regulations by an air carrier for scheduled air service be equipped 
with a missile defense system.
    (d) Deadlines for Commencement of Installation.--The regulations 
shall require that installation and operation of missile defense 
systems under the regulations begin no later than December 31, 2003.

SEC. 3. PURCHASE OF MISSILE DEFENSE SYSTEMS BY THE SECRETARY.

    The Secretary of Transportation shall purchase and make available 
to an air carrier such missile defense systems as may be necessary for 
the air carrier to comply with the regulations issued under section 2 
(other than subsection (c)) with respect to turbojet aircraft used by 
the air carrier for scheduled air service.

SEC. 4. RESPONSIBILITY OF AIR CARRIER.

    Under the regulations issued under section 2, an air carrier shall 
be responsible for installing and operating a missile defense system 
purchased and made available by the Secretary of Transportation under 
section 3.

SEC. 5. PROGRESS REPORTS.

    Not later than January 1, 2004, and each July 1 and January 1 
thereafter, the Secretary of Transportation shall transmit to Congress 
a report on the progress being made in implementation of this Act, 
including the regulations issued to carry out this Act.

SEC. 6. INTERIM SECURITY MEASURES

    (a) In General.--In order to provide interim security before the 
deployment of missile defense systems for turbojet aircraft required 
under section 2, the President shall--
            (1) exercise the President's authority under title 32, 
        United States Code, to elevate National Guard units to Federal 
        status for the purpose of patrolling areas surrounding airports 
        to protect against the threat posed by missiles and other 
        ordnance to commercial aircraft; and
            (2) deploy units of the United States Coast Guard, in 
        coordination with the Secretary of Transportation and the 
        Secretary of Homeland Security, for the purpose of patrolling 
        areas surrounding airports to protect against the threat posed 
        by missiles and other ordnance to commercial aircraft.
    (b) Progress Report.--Not later than 90 days after the date of 
enactment of this Act, the President shall submit to Congress a report 
on the progress being made to implement this section.

SEC. 7. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Aircraft and air carrier.--The terms ``aircraft'' and 
        ``air carrier'' have the meaning such terms have under section 
        40102 of title 49, United States Code.
            (2) Missile defense system.--The term ``missile defense 
        system'' means an appropriate (as certified by the Secretary of 
        Transportation) electronic system that would automatically--
                    (A) identify when the aircraft is threatened by an 
                incoming missile or other ordnance;
                    (B) detect the source of the threat; and
                    (C) disrupt the guidance system of the incoming 
                missile or other ordnance, which is intended to result 
                in the incoming missile or other ordnance being 
                diverted off course and missing the aircraft.
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