Home > 106th Congressional Bills > H.R. 3799 (ih) To amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care. [Introduced in House] ...

H.R. 3799 (ih) To amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care. [Introduced in House] ...

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  2d Session
                                H. R. 3798

    To amend the Homeland Security Act of 2002 to improve aviation 



                           February 11, 2004

  Mr. Markey introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Ways and Means, 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 amend the Homeland Security Act of 2002 to improve aviation 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,


    This Act may be cited as the ``Secure Existing Aviation Loopholes 


    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:


    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a system to 
screen or inspect to ensure the security of 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 
defined in section 40102 of title 49, United States Code). The system 
shall use equipment, technology, and personnel to screen and inspect 
cargo that meet the same standards as those established to screen 
passenger baggage.
    ``(b) Implementation Plan.--The Secretary shall--
            ``(1) develop an implementation plan to carry out 
        subsection (a); and
            ``(2) establish and impose fees (to be known as `cargo 
        security fees') for shippers of cargo to pay costs associated 
        with carrying out subsection (a).
    ``(c) Research and Development of New Technologies.--The Secretary 
shall monitor and evaluate the research and development of effective 
cargo screening technologies.
    ``(d) Schedule of Fees.--In imposing fees under this section, the 
Secretary shall ensure that the fees are reasonably related to the 
Transportation Security Administration's costs of providing services 
    ``(e) Imposition of Fee.--
            ``(1) In general.--Notwithstanding section 9701 of title 
        31, United States Code, and the procedural requirements of 
        section 553 of title 5, United States Code, the Secretary shall 
        impose the cargo security fee through the publication of notice 
        of the fee in the Federal Register and begin collection of the 
        fee within 60 days of the date of enactment of this section, or 
        as soon as possible thereafter.
            ``(2) Subsequent modification of fee.--After imposing a 
        cargo security fee in accordance with this section, the 
        Secretary may modify, from time to time through publication of 
        notice in the Federal Register, the imposition or collection of 
        such fee, or both.
            ``(3) Limitation on collection.--No cargo security fee may 
        be collected under this section except to the extent that the 
        expenditure of the fee to pay the costs of activities and 
        services for which the fee is imposed is provided for in 
        advance in an appropriations Act.
    ``(f) Administration of Fees.--
            ``(1) Fees payable to secretary.--All fees imposed and 
        amounts collected under this section are payable to the 
            ``(2) Fees collected by air carrier.--A fee imposed under 
        this section shall be collected by the air carrier or foreign 
        air carrier that provides transportation described in 
        subsection (a).
            ``(3) Due date for remittance.--A fee collected under this 
        section shall be remitted on the last day of each calendar 
        month by the carrier collecting the fee. The amount to be 
        remitted shall be for the calendar month preceding the calendar 
        month in which the remittance is made.
            ``(4) Information.--The Secretary may require the provision 
        of such information as the Secretary decides is necessary to 
        verify that fees have been collected and remitted at the proper 
        times and in the proper amounts.
            ``(5) Fee not subject to tax.--For purposes of section 4261 
        of the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee 
        imposed under this section shall not be considered to be part 
        of the amount paid for taxable transportation.
            ``(6) Cost of collecting fee.--No portion of the fee 
        collected under this section may be retained by the air carrier 
        or foreign air carrier for the costs of collecting, handling, 
        or remitting the fee except for interest accruing to the 
        carrier after collection and before remittance.
    ``(g) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, any fee collected under 
this section--
            ``(1) shall be credited as offsetting collections to the 
        account that finances the activities and services for which the 
        fee is imposed;
            ``(2) shall be available for expenditure only to pay the 
        costs of activities and services for which the fee is imposed; 
            ``(3) shall remain available until expended.
    ``(h) Refunds.--The Secretary may refund any fee paid by mistake or 
any amount paid in excess of that required.''.


    (a) Flights of Foreign Air Carriers and Charter and All-Cargo Air 
Transportation.--Section 44917(a)(1) of title 49, United States Code, 
is amended by inserting before the semicolon at the end the following: 
``, on any passenger flight of an air carrier in charter air 
transportation for which the Under Secretary determines that such 
deployment is in the interest of aviation security, on every passenger 
flight of foreign air carriers in air transportation, and on flights of 
all-cargo air transportation''.
    (b) Limitation on Landing and Takeoff Rights of Foreign Air 
            (1) In general.--No flight of a foreign air carrier may 
        land in or take off from any airport in the United States 
        unless such flight has on board a Federal air marshal or an 
        equivalent officer of the government of the foreign country 
        under the laws of which the foreign air carrier is organized if 
        the Secretary of Homeland Security requests the presence of 
        such marshal or officer on such flight.
            (2) Enforcement.--The Secretary of Homeland Security shall 
        take such action as may be necessary to ensure compliance with 
        this section and actions taken under this section.
            (3) Definitions.--In this subsection, the terms ``foreign 
        air carrier'', ``airport'', and ``United States'' have the 
        meaning such terms have in section 40102 of title 49, United 
        States Code.


    Subtitle A of title IV of the Homeland Security Act of 2002 (2 
U.S.C. 601 et seq.) is further amended by adding at the end the 


    ``(a) Improved Communication Systems.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of this section, the Secretary shall require all 
        flight crews of air carriers (as such term is defined in 
        section 40102 of title 49, United States Code) to have improved 
        communication systems for providing flight attendants with a 
        discreet, secure, hands-free, wireless method of communicating 
        with pilots that meet such standards as the Secretary may 
        establish by regulation. The communication system for any 
        flight must be accessible by any Federal air marshal on the 
        flight and appropriate Government security officials and 
        airline personnel.
            ``(2) Regulations.--The Secretary shall issue regulations 
        to carry out this subsection not later than the 90th day 
        following the date of enactment of this section.
            ``(3) Revision.--The Secretary may revise the standards 
        established under this subsection, and the regulations issued 
        to carry out this subsection, to reflect improvements in 
        technology and changes in terrorist tactics.
    ``(b) Bilateral and Multilateral Agreements to Strengthen 
            ``(1) In general.--The Secretary shall develop a plan to 
        improve coordination between the Department and agencies and 
        departments of foreign governments that are such governments' 
        counterparts to the Department in the area of aviation 
        security. The plan shall include, at a minimum, development of 
        air marshal programs for foreign governments and the provision 
        of and technical assistance in the formulation of strategies to 
        limit access to sensitive areas of airports to authorized 
            ``(2) Reports.--The Secretary shall transmit to Congress 
        annually for the first 5 years following the date of enactment 
        of this section a report on the implementation of the plan 
        developed pursuant to this subsection.
    ``(c) Comprehensive Preflight Screening.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary 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 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 
            ``(3) Study.--
                    ``(A) In general.--The Secretary shall conduct a 
                study on the potential security vulnerabilities created 
                by the use of nonflight crew members to conduct 
                preflight inspections, to assess the current training 
                provided to individuals who perform these inspections, 
                and to identify areas for improvement in such 
                inspections and training and make recommendations 
                regarding improving such inspections and training.
                    ``(B) Report.--Not later than 180 days after the 
                date of enactment of this section, the Secretary shall 
                transmit to Congress a report on the results of the 
    ``(d) Flight Attendant Training.--
            ``(1) Training requirements.--The Secretary, in 
        consultation with the Administrator of the Federal Aviation 
        Administration, shall issue a rule to--
                    ``(A) require both classroom and effective hands-on 
                situational training for flight attendants of air 
                carriers in the following elements of self defense:
                            ``(i) recognizing suspicious activities and 
                        determining the seriousness of an occurrence;
                            ``(ii) deterring a passenger who might 
                        present a problem;
                            ``(iii) crew communication and 
                            ``(iv) the proper commands to give to 
                        passengers and attackers;
                            ``(v) methods to subdue and restrain an 
                            ``(vi) use of available items aboard the 
                        aircraft for self-defense;
                            ``(vii) appropriate and effective responses 
                        to defend oneself, including the use of force 
                        against an attacker;
                            ``(viii) use of protective devices assigned 
                        to crew members (to the extent such devices are 
                        approved by the Administrator or Secretary);
                            ``(ix) the psychology of terrorists to cope 
                        with their behavior and passenger responses to 
                        that behavior; and
                            ``(x) how to respond to aircraft maneuvers 
                        that may be authorized to defend against an act 
                        of criminal violence or air piracy;
                    ``(B) require training of such flight attendants in 
                the proper conduct of a cabin search, including the 
                duty time required to conduct the search;
                    ``(C) establish the required number of hours of 
                training of such flight attendants and the 
                qualifications for the training instructors;
                    ``(D) establish the intervals, number of hours, and 
                elements of recurrent training of such flight 
                attendants; and
                    ``(E) ensure that air carriers provide the initial 
                training required by this paragraph within 12 months of 
                the date of enactment of this section.
            ``(2) Responsibility of secretary.--
                    ``(A) Consultation.--In developing the rule under 
                paragraph (1), the Secretary shall consult with 
                appropriate personnel in the Emergency Preparedness and 
                Response Directorate of the Department of Homeland 
                Security and with law enforcement personnel and 
                security experts who have expertise in self-defense 
                training, terrorism experts, and representatives of air 
                carriers, the provider of self-defense training for 
                Federal air marshals, flight attendants, labor 
                organizations representing flight attendants, and 
                educational institutions offering law enforcement 
                training programs.
                    ``(B) Designation of official.--The Secretary shall 
                designate an official in the Department to be 
                responsible for overseeing the implementation of the 
                training program under this subsection.
                    ``(C) Necessary resources and knowledge.--The 
                Secretary shall ensure that employees of the Department 
                responsible for monitoring the training program under 
                this subsection have the necessary resources and 
    ``(e) Social Security Check Defined.--In this section and section 
406, 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.''.


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