[Congressional Record Volume 149, Number 21 (Wednesday, February 5, 2003)]
[Senate]
[Page S1989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mr. Schumer):
  S. 311. 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; to the Committee 
on Commerce, Science, and Transportation.
  Mrs. BOXER. Mr. President, today I am introducing a bill that could 
have a significant impact on reducing the threat of terrorism towards 
our commercial airlines.
  Last November, two shoulder-fired SA-7 missiles were launched at an 
Israeli airliner as it took off from a Kenyan airport. While these 
missiles missed their target, they are a clear example of an ever-
growing threat to all air travel. A similar incident occurred last May 
when a U.S. military aircraft in Saudi Arabia was believed to be fired 
upon, also with an SA-7 missile. Saudi authorities later found an empty 
launch tube near an airbase used by American aircraft. In both cases, 
al Qaeda remains the primary suspect.
  This is a very real and recognized threat. It is estimated that 
thousands of shoulder-fired missiles are in the hands of non-state 
actors, rebel groups, terrorists, and other armed non-military 
factions. Last May, the FBI warned that given al Qaeda's targeting of 
the U.S. airline industry and its access to these weapons, airlines and 
law enforcement agencies should remain alert to the potential use of 
shoulder-fired missiles against commercial aircraft in the United 
States.
  We all know that terrorists will continue to try to attack us at our 
weakest points. As we continue to increase the screening and security 
processes for those boarding our airplanes, it is becoming clear that 
terrorists will need to find another avenue to attack us. These 
shoulder-fired missiles may be that next avenue.
  The bill I am introducing today would equip all turbojet aircraft 
used by American aircarriers with missile defense systems. These 
devices involve a series of sensors that identify an incoming missile 
and a laser or lamp to fool the missile's guidance system. The work 
automatically without any action by the pilot.
  The U.S. government would pay for the devices for the current 
turbojet fleet, approximately 6,800 aircraft, at an estimated cost of 
$1 million per plane.
  In the meantime, the bill directs the President to use the National 
Guard and Coast Guard to patrol areas surrounding airports in order to 
prevent attacks by shoulder-fired missiles. Because these are heat-
seeking missiles, aircraft are most vulnerable at lower levels and when 
their engines are hottest.
  Aircraft missile defense systems work. Countermeasures are already in 
place on many U.S. military aircraft, where they have proven effective.
  Shoulder-fired missiles are a serious threat to our airlines, our 
economy, and the personal safety of every American airline passenger. 
With a relatively small investment in proven technology to counter that 
threat, we can provide further protection to air travellers.
  I urge my colleagues to support this bill. I ask unanimous consent 
that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 311

       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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