Safe Passengers and Lading in Aviation for the National Enhancement of Security Act - Directs the Secretary of Homeland Security to: (1) study and report to Congress on the workforce size needed to conduct adequate passenger and baggage screening operations at airports; and (2) certify to Congress that security will be preserved at an airport that has been authorized by the Department of Homeland Security (DHS) to opt out of federalized screening of passengers and property at the airport and contract with a qualified private screening company.
Directs the Secretary, in entering into agreements with airports to install electronic detection equipment or to alter airport structures to facilitate explosive detection equipment, to give priority to those airports that have not met specified Federal requirements to screen all checked baggage with explosive detection system (EDS).
Amends Federal transportation law to eliminate a bag-match program (ensuring that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft) as an acceptable alternative to screening of checked baggage by an EDS.
Directs the Secretary, as part of the DHS budget request for FY 2006, to report to Congress on: (1) the status and technical maturity of aviation security technologies; (2) the planned schedule for their deployment; (3) the expected costs for development, testing, evaluation, procurement, and installation, and projected annual costs for operation and maintenance; (4) potential deployment problems in an airport setting; and (5) the advisability of deploying such technologies to airports in a manner that maximizes the number of technologies that Federal and airport security personnel can effectively operate.
Requires the Secretary, acting through the head of the Transportation Security Administration (TSA), the Under Secretary for Science and Technology, and the Under Secretary for Information Analysis and Infrastructure Protection, to: (1) issue updated technical specifications governing the use of EDS for baggage screening; (2) determine compliance with such specifications of currently deployed baggage screening equipment; (3) use such specifications for future certification of new technologies for use in baggage screening; and (4) issue technical specifications governing the use of technology for screening air cargo if the Secretary determines that explosive detection technologies for passenger and baggage screening do not meet the needs for screening air cargo in accordance with the following system.
Amends the Homeland Security Act of 2002 to direct the Secretary to establish and begin to implement a system to screen or inspect all cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation.
Directs the Secretary to: (1) complete a database containing the names and other relevant information of all known shipping companies; and (2) make it available as appropriate to TSA personnel, freight forwarders, airport authorities, air carriers, and other relevant entities.
Directs the Secretary to establish training standards that all Federal law enforcement officers must meet in order to serve as Federal air marshals. Requires the head of the Federal Air Marshal Service, in determining on which flights to place one or more Federal air marshals, to: (1) have access to information on whether Federal law enforcement officials meeting such training standards are scheduled to travel on commercial flights; and (2) not substitute Federal law enforcement officials that have not met such training standards for Federal air marshal personnel.
Directs the Secretary to collaborate with foreign governments to coordinate air marshal activities, including air marshal scheduling on international flights, weapons training, use and protocols for nonlethal weapons, threat recognition, communications, and other appropriate issues.
Directs the Secretary to issue regulations to: (1) require that overflying aircraft meet or exceed the level of flight deck security for passenger and cargo as required in specified Federal regulations; and (2) govern daily preflight searches of aircraft for foreign materials that might be used in a terrorist attack.
Directs the Secretary to require, to the greatest extent technically feasible, air carriers to provide flight attendants with a discreet and wireless method of communicating with pilots that meets such standards as the Secretary may establish by regulation. Requires such a system to be accessible by any Federal air marshal on a flight of an air carrier, appropriate Government security officials, and air carrier personnel.
Requires the head of TSA to report to Congress on TSA implementation of specified requirements of the Aviation and Transportation Security Act regarding: (1) improved airport perimeter access security; (2) short-term assessment and deployment of emerging security technologies and procedures; and (3) employment investigations and restrictions.
Requires all personnel accessing airport sterile areas (any parts of an airport regularly accessible to passengers after having cleared a passenger security screening checkpoint) from unrestricted areas to undergo security screening. Requires TSA to ensure that all personnel accessing airport secure areas have successfully undergone a TSA-conducted background check consisting of all measures required of TSA passenger screener personnel.
Requires the Secretary, acting through the head of TSA and the Under Secretary for Science and Technology of the Department of Homeland Security, to report to Congress on defending against the threat of attacks on commercial aircraft from man-portable air defense systems (MANPADS) (shoulder-fired, surface-to-air missile systems that can be carried and transported by a person).
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4312 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4312
To enhance aviation security.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2004
Mr. Markey (for himself, Mr. Turner of Texas, Mr. Israel, Ms. Loretta
Sanchez of California, Mr. Dicks, Ms. Harman, Mr. Cardin, Ms.
Slaughter, Mrs. Lowey, Ms. Norton, Ms. Lofgren, Ms. McCarthy of
Missouri, Ms. Jackson-Lee of Texas, Mrs. Christensen, Mr. Lucas of
Kentucky, Mr. Langevin, Mr. Meek of Florida, Mr. Acevedo-Vila, Mr.
Stark, and Mr. Green of Texas) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To enhance 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 ``Safe Passengers and Lading in
Aviation for the National Enhancement of Security Act''.
SEC. 2. PASSENGER AND BAGGAGE SCREENING OPERATIONS.
(a) Study.--The Secretary of Homeland Security shall conduct a
study on the workforce size needed to adequately conduct passenger and
baggage screening operations. The study shall include an analysis of
the optimal screener workforce for security purposes, taking into
account the following: passenger demand for air travel, number of
airports and screening checkpoints, number of screeners required to
operate each checkpoint, use of technology (including in-line explosive
detection systems for baggage screening), and any additional screening
personnel and other resources that may be necessary to implement
section 14 of this Act. The study shall cover all screeners, whether
employed by the Transportation Security Administration or private
companies.
(b) Report.--Not later than December 31, 2004, the Secretary shall
transmit to Congress a report on the results of the study, together
with recommendations concerning the appropriate screener staffing
level, including assessments of full time versus part time screeners,
and appropriate ratio of supervisors, lead screeners, and screeners.
The Secretary shall include in this report a description of the
assumptions used for determining acceptable passenger wait times at
screening checkpoints, and how different lengths of expected wait times
would influence the analysis.
SEC. 3. PROCEDURES FOR OPTING OUT OF FEDERALIZED SCREENING.
(a) Report.--If the Department of Homeland Security authorizes an
airport to opt out of federalized screening under section 44919 of
title 49, United States Code, the Secretary shall transmit to Congress
on the date of such authorization a report certifying that security
will be preserved at the airport.
(b) Contents.--The report shall include, at a minimum, the
following:
(1) The security and nonsecurity factors that the
Transportation Security Administration used to evaluate the
application to opt out of federalized screening.
(2) A description of how the Administration will ensure
compliance of security regulations and statutes at the airport
on a regular and continuing basis.
(3) All security functions for which the Administration
will maintain direct responsibility at the airport.
(4) The decisionmaking authority for screening operations
retained by the Administration, and those authorities
transferred to the airport or private screening entity.
(5) The amount of Federal funds that will be provided to
the airport or private screening entity for screening
operations, for what purposes, and how such funds will be
provided.
SEC. 4. EXPLOSIVE DETECTION EQUIPMENT.
In entering into agreements with airports to install electronic
detection equipment or to alter airport structures to facilitate
explosive detection equipment, the Secretary of Homeland Security shall
give priority to those airports that have not met the requirement of
section 44901(d) of title 49, United States Code, to screen all checked
baggage with explosive detection systems.
SEC. 5. ELIMINATION OF BAG-MATCH PROGRAM AS ACCEPTABLE ALTERNATIVE FOR
CHECKED BAGGAGE.
(a) In General.--Section 44901(e) of title 49, United States Code,
is amended--
(1) by striking paragraph (1); and
(2 by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively.
(b) Limitation on Statutory Construction.--Nothing in this section
(including the amendments made by subsection (a)) shall be construed to
prevent the Transportation Security Administration from using the bag-
match program as a supplemental means of securing checked baggage.
SEC. 6. AVIATION SECURITY TECHNOLOGIES.
(a) Report.--As part of the Department of Homeland Security's
budget request for fiscal year 2006, the Secretary of Homeland Security
shall transmit to Congress a report on--
(1) the status and technical maturity of aviation security
technologies (including technologies for detecting explosive,
chemical, biological, or radiological materials on or in
passengers, carry-on or checked baggage, or air cargo,
improving resolution and readability of x-ray-based baggage
screening systems, integrating the threat imaging projection
system into checked baggage detection systems, and site access
security for airport facilities);
(2) the planned schedule for deployment of such
technologies;
(3) the expected costs for development, testing,
evaluation, procurement, and installation, and projected annual
costs for operation and maintenance, of such technologies;
(4) potential deployment problems in an airport setting;
and
(5) the advisability of deploying security technologies to
airports in a manner that maximizes the number of technologies
that Federal and airport security personnel can effectively
operate.
(b) Technology Specifications and Certification.--Not later than 6
months after the date of enactment of this Act, the Secretary, acting
through the head of the Transportation Security Administration, the
Under Secretary for Science and Technology, and the Under Secretary for
Information Analysis and Infrastructure Protection, shall--
(1) issue updated technical specifications governing the
use of explosive detection systems for baggage screening based
on the most recent assessment of terrorist capabilities,
potential impacts upon aircraft and passengers of the use of
various weapons or dangerous materials, and the state of
explosive detection technology;
(2) determine the compliance with such specifications of
currently deployed baggage screening equipment;
(3) use such specifications for future certification of new
technologies for use in baggage screening; and
(4) issue technical specifications governing the use of
technology for screening air cargo if the Secretary determines
that explosive detection technologies under paragraph (1) for
passenger and baggage screening do not meet the needs for
screening air cargo in accordance with the system established
under section 404 of the Homeland Security Act of 2002.
SEC. 7. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
Subtitle A of title IV of the Homeland Security Act of 2002 (6
U.S.C. 201-203) is amended by adding at the end the following:
``SEC. 404. AIR CARGO ON PASSENGER AIRCRAFT.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish and begin to
implement a system to screen or inspect all cargo that is to be
transported in passenger aircraft operated by an air carrier or foreign
air carrier in air transportation or intrastate air transportation (as
such terms are defined in section 40102 of title 49, United States
Code). The system shall require the use of equipment, technology, and
personnel to screen and inspect cargo that meet the same standards as
those established by the Secretary for equipment, technology, and
personnel used to screen passenger baggage.
``(b) Report.--Not later than 210 days after the date of enactment
of this section, the Secretary shall transmit to Congress a report
describing the system under subsection (a).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 8. DATABASE ON KNOWN SHIPPING COMPANIES.
(a) In General.--Not later than April 1, 2005, the Secretary of
Homeland Security shall complete, and make available as appropriate to
personnel of the Transportation Security Administration, freight
forwarders, airport authorities, air carriers, and other relevant
entities a database containing the names and other relevant information
of all known shipping companies. In making such database available to
nongovernmental entities, the Secretary shall ensure that sensitive
security information and company proprietary information is adequately
protected.
(b) Report.--Not later than the 30th day following the date of the
completion of the database under subsection (a), the Secretary 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
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. 9. 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 training standards that all Federal law enforcement
officers must meet in order to serve as Federal air marshals;
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 officials meeting the training
standards established under paragraph (1) are scheduled
to travel on commercial flights; and
(B) not substitute Federal law enforcement
officials that have not met such training standards for
Federal air marshal personnel.
(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. 10. COORDINATION OF AIR MARSHAL ACTIVITIES.
The Secretary of Homeland Security, in consultation with the
Secretary of State, shall collaborate with foreign governments to
coordinate air marshal activities, including air marshal scheduling on
international flights, weapons training, use and protocols for
nonlethal weapons, threat recognition, communications, and other issues
as determined appropriate by the Secretary.
SEC. 11. FLIGHT DECK SECURITY FOR FOREIGN AIR CARRIER OVERFLIGHTS.
(a) In General.--Not later than the 90th day following the date of
enactment of this Act, the Secretary of Homeland Security shall issue
regulations to require that overflying aircraft meet or exceed the
level of flight deck security for passenger and cargo as required under
part 129.28 of title 14, Code of Federal Regulations, as in effect on
the date of enactment of this Act.
(b) Definition.--In this section, the term ``overflying aircraft''
means a flight of a passenger or cargo aircraft by a foreign air
carrier that departs from and arrives at an airport outside the United
States and enters United States airspace during the flight.
SEC. 12. DAILY PREFLIGHT SEARCHES OF AIRCRAFT.
(a) Regulations.--The Secretary of Homeland Security, in
conjunction with the Administrator of the Federal Aviation
Administration, shall issue, by October 1, 2004, regulations governing
daily preflight searches of aircraft for foreign materials that might
be used in a terrorist attack.
(b) Reimbursement.--
(1) In general.--The Secretary shall reimburse air carriers
for expenses incurred, during the 1-year period beginning on
the date of enactment of this Act, in training air carrier
personnel as necessary to implement the regulations issued
under this section.
(2) Funding.--There are authorized to be appropriated such
sums as may be necessary to carry out this subsection for
fiscal years 2005 and 2006.
(c) Guidance.--The Secretary shall provide guidance to air carriers
on removing or otherwise securing items commonly found on board
aircraft that might be used in an act of terrorism.
SEC. 13. FLIGHT CREW COMMUNICATION SYSTEMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Homeland Security shall
require, to the greatest extent technically feasible, air carriers (as
defined in section 40102 of title 49, United States Code) to provide
flight attendants with a discreet and wireless method of communicating
with pilots that meet such standards as the Secretary may establish by
regulation. Such a system must be accessible by any Federal air marshal
on a flight of an air carrier and appropriate Government security
officials and personnel of the air carrier.
(b) Deadline for Regulations.--The Secretary shall issue
regulations to carry out this section not later than the 90th day
following the date of enactment of this Act.
SEC. 14. AIRPORT SITE ACCESS AND PERIMETER SECURITY.
(a) Report.--Not later than the 90th day following the date of
enactment of this Act, the head of the Transportation Security
Administration shall transmit to Congress a report that addresses the
Administration's implementation of sections 106, 136, and 138 of the
Aviation and Transportation Security Act (Public Law 107-71). Such
report shall include, at a minimum, the following:
(1) How and on what date the Administration complied with
each provision of such sections.
(2) For each provision of such sections that has not been
complied with, the actions the Administration has taken as of
the date the report is transmitted to Congress and the
estimated completion date and costs for actions that the
Administration must take in order to comply with that
provision.
(b) Access to Sterile Areas.--All personnel accessing airport
sterile areas from unrestricted areas shall undergo security screening
in accordance with section 44901(a) of title 49, United States Code.
(c) Access to Secure Areas.--The Transportation Security
Administration shall ensure that all personnel accessing airport secure
areas have successfully undergone a background check, conducted by the
Transportation Security Administration, consisting of all measures
required of passenger screener personnel of the Administration under
section 44936 of title 49, United States Code.
(d) Limitation on Statutory Construction.--Nothing in this section
shall be construed to provide passengers, airport workers, or other
personnel not granted regular access to secure areas before the date of
enactment of this Act authority to do so, regardless of whether such
person has undergone security screening.
(e) Definitions.--In this section, the following definitions apply:
(1) Sterile areas.--The term ``sterile areas'' means any
part of an airport that is regularly accessible to passengers
after having cleared a passenger security screening checkpoint.
(2) Secure areas.--The term ``secure areas'' means parts of
an airport complex not typically accessible to passengers,
including areas outside of terminal buildings, baggage handling
and loading areas, parked aircraft, runways, air control
towers, and similar areas.
(f) Effective Date.--Subsections (b) and (c) take effect on the
120th day following the date of enactment of this Act.
SEC. 15. MANPADS.
(a) Report.--Not later than one year after the date of enactment of
this Act, the Secretary of Homeland Security, acting through the head
of the Transportation Security Administration and the Under Secretary
for Science and Technology of the Department of Homeland Security,
shall transmit to Congress a report on defending against the threat
from MANPADS attacks on commercial aircraft.
(b) Contents.--The report shall include, at a minimum, the
following:
(1) An evaluation of the current and projected future
threats to commercial aircraft from MANPADS, including an
assessment of the likelihood that terrorist groups will obtain
MANPADS of various levels of sophistication, the ability of
terrorist groups to use such systems, and the relative
effectiveness of such systems against commercial aviation.
(2) A technical assessment of the adequacy and maturity of
current aircraft-based countermeasures to current and projected
threats from shoulder-launched missiles.
(3) To the extent that any countermeasures under paragraph
(2) are assessed to be sufficiently technically mature for
deployment on commercial aircraft, a determination of--
(A) the technical ability of such countermeasures
to prevent MANPADS from impacting an aircraft;
(B) any operational difficulties with deploying,
maintaining, or using such countermeasures; and
(C) the cost of deploying and maintaining such
countermeasures on all or part of the commercial
aircraft fleet.
(4) An assessment of alternate technological approaches for
MANPADS countermeasures, including estimates of timelines for
development, testing, and evaluation.
(5) A description of the need for additional mid-term and
long-term research and development to advance technologies to
meet current and future threats, including a cost-benefit
analysis of alternative technologies.
(6) The criteria and plans for selecting technologies for
additional research and development described in paragraph (5).
(7) The status and plans for programs of the Department of
Homeland Security to decrease the risk of MANPADS attacks on
commercial aircraft through airport perimeter security,
improved identification of MANPADS by the Bureau of Customs and
Border Protection, and international efforts to counter
proliferation and otherwise reduce availability of MANPADS to
terrorist groups or individuals.
(c) MANPADS Defined..--In this section, the term ``MANPADS'' means
man-portable air defense systems, which are shoulder-fired, surface-to-
air missile systems that can be carried and transported by a person.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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