[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3397 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3397

 To amend title 49, United States Code, to enhance security at general 
                aviation airports in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2005

 Mr. Sweeney introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to enhance security at general 
                aviation airports in the United States.

    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 ``General Aviation Security Act of 
2005''.

SEC. 2. GENERAL AVIATION AIRPORT SECURITY.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 44926. General aviation airport security
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) General aviation airport.--The term `general aviation 
        airport' means an airport that serves the operation of civilian 
        aircraft for purposes other than commercial passenger 
        transport, including personal, business, and instructional 
        flying, and that the Secretary of Homeland Security determines, 
        by regulation, is subject to the requirements of this section.
            ``(2) Private-use airport.--The term `private-use airport' 
        means a general aviation airport used exclusively by the owner 
        of the airport and persons authorized by the owner.
            ``(3) Public-use airport.--The term `public-use airport' 
        means a general aviation airport available for use by the 
        general public without a requirement for the prior approval of 
        the owner or operator of the airport except as may be required 
        by Federal law or regulation.
    ``(b) Registration.--
            ``(1) In general.--In order to enhance the security at the 
        general aviation airports of the United States, the Secretary 
        of Homeland Security shall require a person desiring to operate 
        a private-use or public-use airport to register with the 
        Secretary within one year of the date of enactment of this 
        section.
            ``(2) Initial registration.--
                    ``(A) Period of effectiveness.--The registration of 
                a private-use or public-use airport under this 
                subsection shall be effective for a period of 3 years.
                    ``(B) Forms.--The registration shall be submitted 
                on forms provided by the Secretary. Such forms shall 
                contain the following information:
                            ``(i) The physical and mailing addresses of 
                        the airport.
                            ``(ii) The telephone number, facsimile 
                        number, and e-mail address of the airport.
                            ``(iii) The name or names and telephone 
                        number or numbers of one or more 24-hour 
                        security contact persons, as designated by the 
                        airport.
                            ``(iv) A map showing the location and 
                        general boundaries of the airport.
                            ``(v) Such other information as the 
                        Secretary may reasonably prescribe.
            ``(3) Security plan.--The registration also shall be 
        accompanied by the written security plan required under 
        subsection (c).
            ``(4) Renewal of registration.--
                    ``(A) Period for renewals.--A private-use or 
                public-use airport shall renew its registration with 
                the Secretary every 3 years.
                    ``(B) Forms.--Requests for renewal shall be made on 
                forms supplied by the Secretary and shall not be 
                accepted unless accompanied with an updated written 
                security plan as provided in subsection (c).
            ``(5) Fee.--The Secretary may impose fees to cover the 
        costs of incurred by the Secretary in carrying out 
        registrations and renewals under this subsection, and shall 
        ensure that any such fee is reasonably related, as determined 
        by the Secretary, to such costs.
    ``(c) Written Security Plan.--
            ``(1) Submission to secretary.--The Secretary shall require 
        each private-use and public-use airport to document its 
        security procedures in a written security plan that is 
        consistent with the most recent security guidelines for general 
        aviation airports published by the Transportation Security 
        Administration.
            ``(2) Updates.--The Secretary shall require an airport that 
        submits a plan under paragraph (1) to submit to the Secretary 
        an updated version of the plan every 3 years with the airport's 
        renewal application for registration under subsection (b).
            ``(3) Security enhancement recommendations.--
                    ``(A) Consideration in developing written plans.--
                In developing a written security plan, an airport shall 
                consider the applicable security enhancement 
                recommendations contained in the most recent security 
                guidelines for general aviation airports published by 
                the Transportation Security Administration.
                    ``(B) Descriptions and justifications.--A written 
                security plan shall include a description of how the 
                airport has addressed each applicable recommendation of 
                such guidelines and a justification for not adopting 
                any applicable recommendation suggested by such 
                guidelines for the airport's security characteristics.
            ``(4) Use of self-assessment measurement tools.--Applicable 
        recommendations from such guidelines shall be determined by an 
        airport by using the airport characteristics self-assessment 
        measurement tool available in such document and any other self-
        assessment tools subsequently issued by the Transportation 
        Security Administration.
            ``(5) Submission to local law enforcement agencies.--In 
        addition to submitting a written security plan to the Secretary 
        under subsection (b), a private-use and public-use airport 
        shall submit a copy of the plan and all updates of the plan to 
        local law enforcement agencies having jurisdiction over the 
        airport.
    ``(d) Additional Requirements.--
            ``(1) Private-use airports.--In addition to the other 
        provisions of this section, the Secretary shall ensure that 
        private-use airports meet the following requirements:
                    ``(A) Require all aircraft to be double-locked, 
                with one lock internal to the aircraft, and one lock 
                external to the aircraft, when such aircraft is not in 
                operation.
                    ``(B) Provide that all hangars be locked when not 
                in use.
                    ``(C) Provide adequate fencing for secure areas.
            ``(2) Public-use airports.--In addition to the other 
        provisions of this section, the Secretary shall ensure that 
        public-use airports meet the requirements of private-use 
        airports set forth in paragraph (1) and the following 
        additional requirements:
                    ``(A) Require verification of the identity of all 
                aircraft passengers by the aircraft crew.
                    ``(B) Maintain a log of all transient aircraft for 
                a minimum of 5 years.
                    ``(C) Develop a written list of emergency contacts 
                and telephone numbers, to be available to airport 
                personnel.
                    ``(D) Restrict the access of unlicensed persons and 
                student pilots to aircraft keys.
                    ``(E) Require persons renting aircraft to present 
                government-issued identification, which identification 
                shall be in addition to any pilot's license.
                    ``(F) Post airport security warning signs and 
                advisories where appropriate.
                    ``(G) Create an emergency locator map, which may be 
                hand-drawn generally to scale, identifying areas such 
                as runways, ramp areas, fence lines, gates, and sites 
                and provide copies of such map to emergency response 
                agencies serving such airport, to law enforcement 
                agencies having jurisdiction over such airport, and 
                appropriate airport personnel. Whenever there is a 
                physical change involving such areas, such map shall be 
                revised and resubmitted to the such emergency response 
                and law enforcement agencies and airport personnel 
                within 60 days of such change.
                    ``(H) Familiarize local law enforcement with the 
                airport and consult with them in the airport's 
                development of appropriate security procedures.
    ``(e) Statement on Confidentiality.--The map required under 
subsection (c)(2)(G) and the written security plan required under 
subsection (c) shall each prominently display the following statement: 
`This document may contain information that if disclosed could endanger 
the life or safety of the public, and therefore this document is to be 
maintained and used in a manner which preserves the confidentiality of 
the information contained herein in a manner consistent with law.'.
    ``(f) Limitation on Disclosure of Information.--Notwithstanding any 
other provision of law, neither the Secretary, nor any agency receiving 
information from the Secretary, shall disclose safety or security 
related information obtained from airports under this section if the 
Secretary finds that withholding such information from disclosure would 
be consistent with the Secretary's safety and security 
responsibilities.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
449 of title 49, United States Code, is amended by adding at the end 
the following:

``44926. General aviation airport security.''.
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