I 

108TH CONGRESS 

2D SESSION H. R. 5035

To require the Secretary of Homeland Security to provide the same screening 

of all passengers and property that will be carried aboard a passenger 

aircraft operated in the United States by a person other than an air 

carrier as is provided for all passengers and property that are carried 

aboard a passenger aircraft operated by an air carrier, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2004

Mr. WEINER introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL

To require the Secretary of Homeland Security to provide 

the same screening of all passengers and property that 

will be carried aboard a passenger aircraft operated in 

the United States by a person other than an air carrier 

as is provided for all passengers and property that are 

carried aboard a passenger aircraft operated by an air 

carrier, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 5035 IH 

1 SECTION 1. SCREENING FOR NONAIR-CARRIER AIRCRAFT. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall provide the same screening of all passengers and 

4 property that will be carried aboard a passenger aircraft 

5 operated in the United States by a person other than an 

6 air carrier (as defined in section 40102 of title 49, United 

7 States Code) as the screening that is provided for all pas8 sengers and property that are carried aboard a passenger 

9 aircraft operated by an air carrier under section 44901 

10 of such title. 

11 (b) DEADLINE FOR BEGINNING.—On the date of en12 actment of this Act, the Secretary shall begin development 

13 of a plan, acquiring and training personnel, and acquiring 

14 equipment for providing the screening required by sub15 section (a). 

16 SEC. 2. SPECIAL RULES REGARDING FLIGHTS OF NONAIR17 CARRIER AIRCRAFT. 

18 (a) IN GENERAL.—The Secretary of Transportation 

19 shall take such action as may be necessary to ensure 

20 that—

21 (1) no aircraft described in section 1 flies—

22 (A) within 1,500 feet of any structure or 

23 building; or 

24 (B) over a city with a population of 

25 1,000,000 or more or any other location the 

26 Secretary of Homeland Security determines ap-
3

•HR 5035 IH 

1 propriate, except on approach or departure to 

2 an airport; and 

3 (2) the pilot of a flight of any aircraft described 

4 in section 1 remains in contact with the Federal 

5 Aviation Administration regardless of the altitude of 

6 such aircraft. 

7 (b) EXCEPTIONS.—The Secretary shall except from 

8 any requirement of subsection (a) an aircraft carrying out 

9 such police, medical, or other operations as the Secretary 

10 determines appropriate.

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2 

•HR 5035 IH 

1 SECTION 1. SCREENING FOR NONAIR-CARRIER AIRCRAFT. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall provide the same screening of all passengers and 

4 property that will be carried aboard a passenger aircraft 

5 operated in the United States by a person other than an 

6 air carrier (as defined in section 40102 of title 49, United 

7 States Code) as the screening that is provided for all pas8 sengers and property that are carried aboard a passenger 

9 aircraft operated by an air carrier under section 44901 

10 of such title. 

11 (b) DEADLINE FOR BEGINNING.—On the date of en12 actment of this Act, the Secretary shall begin development 

13 of a plan, acquiring and training personnel, and acquiring 

14 equipment for providing the screening required by sub15 section (a). 

16 SEC. 2. SPECIAL RULES REGARDING FLIGHTS OF NONAIR17 CARRIER AIRCRAFT. 

18 (a) IN GENERAL.—The Secretary of Transportation 

19 shall take such action as may be necessary to ensure 

20 that— 

21 (1) no aircraft described in section 1 flies— 

22 (A) within 1,500 feet of any structure or 

23 building; or 

24 (B) over a city with a population of 

25 1,000,000 or more or any other location the 

26 Secretary of Homeland Security determines ap-
3 

•HR 5035 IH 

1 propriate, except on approach or departure to 

2 an airport; and 

3 (2) the pilot of a flight of any aircraft described 

4 in section 1 remains in contact with the Federal 

5 Aviation Administration regardless of the altitude of 

6 such aircraft. 

7 (b) EXCEPTIONS.—The Secretary shall except from 

8 any requirement of subsection (a) an aircraft carrying out 

9 such police, medical, or other operations as the Secretary 

10 determines appropriate. 

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