[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.
                                 <all>