I 
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 Infrastruc-
ture 
A BILL 
To enhance aviation security.
Be it enacted by the Senate and House of Representa-
tives 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 Secu-
rity Act’’.
SEC. 2. PASSENGER AND BAGGAGE SCREENING OPER-
ATIONS. 
(a) STUDY.—The Secretary of Homeland Security 
shall conduct a study on the workforce size needed to ade-
quately conduct passenger and baggage screening oper-
ations. The study shall include an analysis of the optimal 
screener workforce for security purposes, taking into ac-
count the following: passenger demand for air travel, num-
ber of airports and screening checkpoints, number of 
screeners required to operate each checkpoint, use of tech-
nology (including in-line explosive detection systems for 
baggage screening), and any additional screening per-
sonnel and other resources that may be necessary to im-
plement section 14 of this Act. The study shall cover all 
screeners, whether employed by the Transportation Secu-
rity 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 con-
cerning 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 de-
scription of the assumptions used for determining accept-
able passenger wait times at screening checkpoints, and
how different lengths of expected wait times would influ-
ence the analysis. 
SEC. 3. PROCEDURES FOR OPTING OUT OF FEDERALIZED 
SCREENING. 
(a) REPORT.—If the Department of Homeland Secu-
rity authorizes an airport to opt out of federalized screen-
ing 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 min-
imum, 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 stat-
utes at the airport on a regular and continuing 
basis. 
(3) All security functions for which the Admin-
istration 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 struc-
tures to facilitate explosive detection equipment, the Sec-
retary 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 AC-
CEPTABLE 
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 Trans-