[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5321 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5321

    To prohibit certain individuals from possessing a firearm in an 
                    airport, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2010

  Mr. Johnson of Georgia (for himself, Mrs. McCarthy of New York, Mr. 
 Scott of Georgia, and Mr. Lewis of Georgia) 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 prohibit certain individuals from possessing a firearm in an 
                    airport, 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 ``Airport Security Act of 2010''.

SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS.

    (a) Program To Prohibit Possession.--Section 44903 of title 49, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(m) Program To Prohibit Possession of Firearms at Airports.--
            ``(1) Establishment.--The Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall 
        establish and carry out a program to prohibit, except as 
        provided in paragraph (3), any individual from possessing a 
        firearm at a covered airport, including any individual who 
        enters the airport, or who exits public transportation at the 
        airport, for the following purposes:
                    ``(A) Air travel.
                    ``(B) Meeting another individual.
                    ``(C) Picking up cargo.
                    ``(D) Employment at the airport.
            ``(2) Requirements for airport operators.--In carrying out 
        the program established under paragraph (1), the Assistant 
        Secretary shall require each airport operator to--
                    ``(A) conspicuously display notices summarizing the 
                program--
                            ``(i) at each entrance to the airport; and
                            ``(ii) in such form, and containing such 
                        information, as the Assistant Secretary shall 
                        by regulation prescribe; and
                    ``(B) require law enforcement personnel to--
                            ``(i) monitor the airport to prevent 
                        violations of paragraph (1); and
                            ``(ii) escort any individual described in 
                        paragraph (3)(B)(ii) who is discovered by such 
                        personnel to be in possession of a firearm 
                        referred to in paragraph (3)(B)(i), to ensure 
                        that such individual continues to be excepted 
                        from paragraph (1) by reason of paragraph 
                        (3)(B).
            ``(3) Exceptions.--The following individuals shall not be 
        prohibited by paragraph (1) from possessing a firearm under 
        such paragraph:
                    ``(A) Individuals authorized to carry a firearm.--
                An individual who, by regulation, is authorized by the 
                Administrator of the Federal Aviation Administration or 
                the Assistant Secretary to carry a firearm at the 
                covered airport.
                    ``(B) Travelers.--An individual who possesses a 
                firearm, if--
                            ``(i) the firearm is unloaded, carried in a 
                        hard-sided container that is locked, and the 
                        key or combination to the lock is in the 
                        exclusive possession of the individual; and
                            ``(ii) the individual--
                                    ``(I) is carrying a ticket in the 
                                name of the individual for a flight 
                                that is scheduled for departure from 
                                the covered airport within 24 hours or 
                                that has arrived at the airport within 
                                the preceding 24 hours; or
                                    ``(II) communicates the intention 
                                to obtain a ticket for departure 
                                referred to in subclause (I) at the 
                                covered airport and obtains and carries 
                                such ticket or does not obtain such 
                                ticket for a compelling reason.
                    ``(C) Individuals shipping firearms.--An individual 
                who possesses a firearm in a capacity relating to the 
                shipment of the firearm in air commerce and who, by 
                regulation, is authorized by the Administrator of the 
                Federal Aviation Administration or the Assistant 
                Secretary to possess the firearm at the covered airport 
                in such capacity.
                    ``(D) Law enforcement officers.--An on-duty law 
                enforcement officer of a State or political subdivision 
                of a State, or an officer or employee of the Federal 
                Government, who is authorized to carry a firearm.
                    ``(E) Certain individuals on public 
                transportation.--An individual passing through an 
                airport on public transportation.
                    ``(F) Additional authorized individuals.--An 
                individual who is otherwise authorized by the 
                Administrator of the Federal Aviation Administration or 
                the Assistant Secretary to possess a firearm at a 
                covered airport.
            ``(4) Issuance of regulations.--Not later than one year 
        after the date of enactment of this Act, the Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration) shall issue regulations to carry out this 
        subsection.
            ``(5) Definitions.--In this subsection:
                    ``(A) Airport.--The term `airport' means an airport 
                and any appurtenant building or area that is related to 
                the operation of the airport, including a building or 
                area on the site of the airport designed to--
                            ``(i) receive passengers or cargo before or 
                        after a flight; or
                            ``(ii) facilitate arrival at or departure 
                        from the airport, including--
                                    ``(I) a road or section of road 
                                used primarily for arrival at or 
                                departure from the airport;
                                    ``(II) an airport parking area; and
                                    ``(III) a public transportation 
                                stop.
                    ``(B) Airport operator.--The term `airport 
                operator' means the operator of a covered airport.
                    ``(C) Assistant secretary.--The term `Assistant 
                Secretary' means the Assistant Secretary of Homeland 
                Security (Transportation Security Administration).
                    ``(D) Covered airport.--The term `covered airport' 
                means an airport that in the preceding fiscal year 
                received an amount allocated or apportioned under 
                chapter 471.
                    ``(E) Firearm.--The term `firearm' has the meaning 
                given the term in section 921(a)(3) of title 18.
                    ``(F) Public transportation.--The term `public 
                transportation' means a conveyance that provides 
                regular and continuing general or special 
                transportation to the public.''.
    (b) Criminal Penalty for Possession.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 932. Possession of firearms at airports
    ``(a) In General.--Except as provided in subsection (b), an 
individual who knowingly possesses a firearm at a covered airport shall 
be fined under this title, imprisoned not more than 10 years, or both.
    ``(b) Exceptions.--Subsection (a) shall not apply to an individual 
described in section 44903(m)(3) of title 49.
    ``(c) Definition of Covered Airport.--In this section, the term 
`covered airport' has the meaning given the term in section 
44903(m)(5)(D) of title 49.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 30 days after the date on 
        which the Assistant Secretary of Homeland Security 
        (Transportation Security Administration) has issued regulations 
        pursuant to section 44903(m)(4) of title 49, United States Code 
        (as added by subsection (a)).
            (3) Conforming amendment.--The table of sections for 
        chapter 44 of title 18, United States Code, is amended by 
        adding at the end the following new item:

``932. Possession of firearms at airports.''.
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