[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2649 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2649
To strengthen aviation security.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2005
Mr. Markey introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committee on the
Judiciary, 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 strengthen 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 ``Strengthen Aviation Security Act''.
SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
Section 44901 of title 49, United States Code, is amended--
(1) by redesignating subsections ``(g)'' and ``(h)'' as
subsections ``(h)'' and ``(i)'', respectively; and
(2) by inserting after subsection (f) the following:
``(g) Air Cargo on passenger aircraft--
``(1) In general.--Not later than 3 years after the date of
enactment of the Strengthen Aviation Security Act, the
Secretary of Homeland Security shall establish a system to
inspect 100 percent of the cargo transported on passenger
aircraft to ensure the security of all passenger aircraft
carrying cargo operated by an air carrier or foreign air
carrier in air transportation or intrastate air transportation.
``(2) Minimum standards.--The system referred to in
paragraph (1) shall, at a minimum, require that--
``(A) equipment, technology, and personnel meets
the same standards established to inspect passenger
baggage;
``(B) 35 percent of cargo carried on passenger
aircraft is inspected by the end of fiscal year 2006;
``(C) 65 percent of cargo carried on passenger
aircraft is inspected by the end of fiscal year 2007;
and
``(D) 100 percent of cargo carried on passenger
aircraft is inspected by the end of fiscal year 2008.
``(3) Report.--Not later than 1 year after the date of
enactment of the Strengthen Aviation Security Act, the
Secretary shall transmit to Congress a report that describes
the system established pursuant to paragraph (1).''.
SEC. 3. REPORT ON KNOWN SHIPPING COMPANIES.
Not later than the 180th day following the date of establishment of
the database of known shipping companies being established by the
Department of Homeland Security, the Secretary of Homeland Security
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 Transportation Security 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. 4. 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--
(A) training standards that all Federal law
enforcement officers must meet in order to respond
appropriately as law enforcement professionals to
incidents aboard aircraft; and
(B) procedures by which law enforcement personnel,
authorized to carry a firearm or otherwise prohibited
items aboard a passenger commercial aircraft may do so
without indicating, to the greatest extent practicable,
either deliberately or accidentally such personnel's
status to other passengers; 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 officers meeting the training standards
established under paragraph (1) are scheduled to travel
on commercial flights; and
(B) not substitute Federal law enforcement officers
that have not met such training standards established
by the Federal Air Marshal Service.
(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. 5. FEDERAL AIR MARSHALS.
The Secretary of Homeland Security shall ensure the deployment of
Federal air marshal officers on flights of all-cargo air transportation
for which the Secretary of Homeland Security determines there to be
sufficient risk of terrorist activity.
SEC. 6. FLIGHT COMMUNICATIONS.
(a) In General.--Section 4021 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458) is amended by
adding at the end the following:
``(d) Flight Communication.--To expand the purposes of the study
under subsection (a), not later than 180 days after the date of
enactment of this subsection, the Assistant Secretary shall conduct a
study on the viability of devices to enable discreet, wireless
communications between flight attendants, pilots, Federal air marshals,
and ground-based personnel during a passenger commercial aircraft
flight to improve coordination of planning and activities in the event
of an act of terrorism and transmit to Congress a report on the results
of the study conducted under this subsection.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out section 4021(d)
of the Intelligence Reform and Terrorism Prevention Act of 2004.
SEC. 7. COMPREHENSIVE PREFLIGHT SCREENING.
(a) Study.--
(1) In general.--The Secretary shall conduct a study to
assess the current training provided to individuals who perform
preflight security inspections and to identify areas for
improvement in such inspections and training and make
recommendations regarding improving such inspections and
training.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
(b) Regulations.--
(1) Issuance.--Not later than 90 days after the date of
transmission of the reports under subsection (a), the Secretary
of Homeland Security 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--
(A) 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; and
(B) incorporate the recommendations contained in
the report transmitted under subsection (a).
SEC. 8. FLIGHT ATTENDANT TRAINING.
The Secretary of Homeland Security, in consultation with the
Administrator of the Federal Aviation Administration, shall finalize
the development of a mandatory basic security training program for
flight attendants and shall begin administration of the training
program not later than 30 days after the date of enactment of this Act.
SEC. 9. SECURING COCKPIT DOORS.
(a) Cargo Aircraft.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security 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. 10. 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; 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) Use of Immobilizing Devices; Records Checks.--The Secretary
shall require airports that serve operators of general aviation
aircraft--
(1) to require that all general aviation aircraft, while
parked at such airports, are secured by a visible immobilizing
device (such as a prop lock); and
(2) to ensure that any individual with access to a general
aviation aircraft at such airport is subject to a social
security check, a check of immigration status, a check against
all terrorist watch lists maintained by the Government, and a
background check comparable to a background check required
under section 44936 of title 49, United States Code.
(d) Definition.--In this section, the following definitions apply:
(1) High threat.--The term ``high threat'' means an
announcement by the Department of Homeland Security of a
terrorist threat level of code orange or above or an equivalent
designation of any successor threat advisory system of the
Department.
(2) Sensitive nuclear facility.--The term ``sensitive
nuclear facility'' means--
(A) a commercial nuclear power plant and associated
spent fuel storage facility;
(B) a decommissioned nuclear power plant and
associated spent fuel storage facility;
(C) a category I fuel cycle facility;
(D) a gaseous diffusion plant; and
(E) a Department of Energy nuclear weapons
materials production, processing, storage, or research
facility.
(3) Social security check.--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. 11. 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 amended by
adding at the end the following:
``SEC. 404. ACCESS SECURITY.
``(a) Airport Perimeter.--Not later than 180 days after the date of
the enactment of this section, the Secretary shall issue regulations--
``(1) to improve control over access to the secure area of
each airport in the United States described in section 44903(c)
of title 49, United States Code; and
``(2) to prohibit any entity (other than an operator of
such an airport) from issuing a security badge to provide
escorted or unescorted access to the secure area of such
airport, subject to such exceptions as the Secretary may
establish, by regulation, for Federal, State, and local
governments and for employees of air carriers.
``(b) Background Checks for Airport Workers.--An individual
employed in, or applying for, a position described in section 44936 of
title 49, United States Code, or a position as an aircraft maintenance
or catering worker, aircraft cargo handler, aircraft worker with access
to an aircraft ramp, aircraft support facilities worker, or employee of
an airport vendor whether having escorted or unescorted access to an
aircraft or a secure area of an airport, shall be subject to a social
security check, a check of immigration status, and a check against all
terrorist watch lists maintained by the Government in addition to a
background check required by such section.
``(c) Social Security Check Defined.--In this section, 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.''.
(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 each of such individuals to be physically screened
for metallic objects and to have their personal bags inspected for
prohibited items, such as chemical, biological, radiological, and
nuclear materials, each time that individual enters a secure area of
the airport''.
SEC. 12. WHISTLEBLOWER PROTECTION.
(a) In General.--No covered individual involved in aviation
security, including employees of the Transportation Security
Administration, may be discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against because of any
lawful act done by the person--
(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the person reasonably believes constitutes a
violation of any law, rule or regulation related to aviation
security or any other threat to aviation security when the
information or assistance is provided to or the investigation
is conducted by--
(A) a Federal regulatory or law enforcement agency;
(B) any Member of Congress or any committee of
Congress; or
(C) a person with supervisory authority over the
covered individual (or such other person who has the
authority to investigate, discover, or terminate
misconduct);
(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding or action filed or about to be
filed relating to a violation of any law, rule or regulation
related to the security of passenger airlines or any other
threat to the security of passenger airlines; or
(3) to refuse to violate or assist in the violation of any
law, rule, or regulation related to the security of passenger
airlines.
(b) Enforcement Action.--
(1) In general.--A covered individual who alleges discharge
or other discrimination by any person in violation of
subsection (a) may seek relief under subsection (c), by--
(A) filing a complaint with the Secretary of Labor;
or
(B) if the Secretary has not issued a final
decision within 180 days of the filing of the complaint
and there is no showing that such delay is due to the
bad faith of the claimant, bringing an action at law or
equity for de novo review in the appropriate district
court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy.
(2) Procedure.--
(A) In general.--An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49, United States
Code.
(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be
made to the person named in the complaint and to the
person's employer.
(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49,
United States Code.
(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 90 days
after the date on which the violation occurs.
(c) Remedies.--
(1) In general.--A covered individual prevailing in any
action under subsection (b)(1) shall be entitled to all relief
necessary to make the covered individual whole.
(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
(A) reinstatement with the same seniority status
that the covered individual would have had, but for the
discrimination;
(B) the amount of any back pay, with interest; and
(C) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs, expert witness fees, and reasonable attorney
fees.
(d) Rights Retained by Covered Individual.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies of any
covered individual under any Federal or State law, or under any
collective bargaining agreement.
(e) Definitions.--In this section, the following definitions apply:
(1) Covered individual.--The term ``covered individual''
means a Federal employee as defined in section 2105 of title 5,
United States Code, any employee of a Federal contractor or
subcontractor, or any employee of a business entity.
(2) Lawful.--The term ``lawful'' means not specifically
prohibited by law and if such information is not specifically
required by Executive order to be kept secret in the interest
of national defense or the conduct of foreign affairs. If
communication of otherwise covered information is specifically
prohibited by law and if such information is required by
Executive order to be kept secret in the interest of national
defense or the conduct of foreign affairs, it may be
communicated to any--
(A) Member of Congress or committee of Congress; or
(B) any other recipient who is authorized to
receive such information.
(3) Federal contractor.--The term ``Federal contractor''
means a person who has entered into a contract with the United
States.
(4) Employee.--The term ``employee'' means any officer,
partner, employee, or agent.
(5) Subcontractor.--The term ``subcontractor''--
(A) means any person, other than the Federal
contractor, who offers to furnish or furnishes any
supplies, materials, equipment, or services of any kind
under a Federal contract or a subcontract entered into
in connection with such Federal contract; and
(B) includes any person who offers to furnish or
furnishes general supplies to the Federal contractor or
a higher tier subcontractor.
(6) Person.--The term ``person'' means a corporation,
partnership, State entity, business association of any kind,
trust, joint-stock company, or individual.
SEC. 13. AIRPORT SCREENING.
(a) Findings.--Congress finds that--
(1) a Federal workforce of passenger and baggage screeners
is more responsive to the public than the private sector;
(2) a recent poll indicates that a majority of respondents
feel better protected by a Federal workforce of passenger and
baggage screeners than by a screener workforce employed by a
private company;
(3) section 44920 of title 49, United States Code,
explicitly permits the Transportation Security Administration
to accept applications from airport operators seeking to ``opt
out'' of a Federal screening workforce;
(4) the Transportation Security Administration has issued a
directive prohibiting the Federal airport security screener
workforce from the right to collectively bargain;
(5) the Transportation Security Administration has issued
guidance that would provide the privatized screener workforce
the right to join a union and collectively bargain with their
employer; and
(6) a reversion to private company performance of screener
functions could reduce safety and erode confidence in the
Federal Government's ability to protect citizens from acts of
terrorism, and, therefore, not be in the public interest.
(b) Sense of Congress.--It is the sense of Congress that--
(1) all airport screening functions should continue to be
performed by Federal employees; and
(2) all employees of the Transportation Security
Administration, including Federal airport screeners, should be
permitted to engage in collective bargaining and be represented
in collective bargaining by a representative or organization of
their choosing.
SEC. 14. NO-FLY LIST.
(a) Findings.--Congress finds that--
(1) aircraft passenger information currently is transmitted
from air carriers to the Department of Homeland Security for
comparison against a Government maintained watch list after
departure of international flights flying to or from the United
States;
(2) the diversion to Bangor, Maine, of an Air France flight
scheduled to travel from Paris, France, to Boston,
Massachusetts, on May 12, 2005, and the diversion to Bangor,
Maine of an Alitalia flight scheduled to travel from Milan,
Italy, to Boston, Massachusetts, on May 19, 2005, occurred
when, in the first instance, a passenger name was mistakenly
considered to match a name on the watchlist and, in the second
instance, a passenger name matched a name on the watchlist;
(3) in both cases, the flights already had departed the
airports when the comparison with the watchlist occurred;
(4) departure of international flights from airports before
passenger information has been compared against the watchlist
maintained by the Federal Government is a serious security
loophole that could enable a known terrorist to board, travel
on, and hijack an international flight en route to or departing
from the United States;
(5) the Intelligence Reform and Terrorism Prevention Act of
2004 (P.L. 108-458) mandated that the Secretary of Homeland
Security, not later than 60 days after the date of enactment of
that Act, issue a notice of proposed rulemaking that would
allow the Department to compare passenger information for any
international flight to or from the United States against the
consolidated and integrated terrorist watchlist maintained by
the Federal Government before departure of the flight; and
(6) the Department did not issue the notice of proposed
rulemaking by February 2005, the deadline specified in that
Act.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Homeland Security should actively
pursue the resolution of all issues that have delayed the
implementation of the mandate to check passenger information
against the Government maintained watchlist before departures
of international flights to or from the United States;
(2) the Secretary should promptly issue the required notice
of proposed rulemaking to enable the comparison of passenger
information against the Government maintained terrorist
watchlist prior to departure of international flights to or
from the United States; and
(3) until such time as the Secretary has issued the notice
of proposed rulemaking, the Secretary should provide Congress
with periodic reports that describe the progress of the
Department of Homeland Security in resolving issues that have
delayed implementation of this mandate and explain when the
Department expects to issue the notice.
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