| 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] ...
108th CONGRESS 2d Session H. R. 3798 To amend the Homeland Security Act of 2002 to improve aviation security. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES 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 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 ``Secure Existing Aviation Loopholes Act''. SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT. 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: ``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 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 rendered. ``(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 Secretary. ``(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; and ``(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.''. SEC. 3. FEDERAL AIR MARSHALS. (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 Carriers.-- (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. SEC. 4. IMPROVED AVIATION SECURITY. 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 following: ``SEC. 405. IMPROVED AVIATION SECURITY. ``(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 Security.-- ``(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 individuals. ``(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 Government. ``(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 study. ``(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 coordination; ``(iv) the proper commands to give to passengers and attackers; ``(v) methods to subdue and restrain an attacker; ``(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 knowledge. ``(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.''. SEC. 5. CONTROL OVER ACCESS TO SECURED AREAS OF AIRPORTS.
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