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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SCREENING FOR NONAIR-CARRIER AIRCRAFT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall 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 defined in section 40102 of title 49, United 
States Code) as the screening that is provided for all pas-
sengers and property that are carried aboard a passenger 
aircraft operated by an air carrier under section 44901 
of such title. 
(b) DEADLINE FOR BEGINNING.—On the date of en-
actment of this Act, the Secretary shall begin development 
of a plan, acquiring and training personnel, and acquiring 
equipment for providing the screening required by sub-
section (a). 
SEC. 2. SPECIAL RULES REGARDING FLIGHTS OF NONAIR-
CARRIER AIRCRAFT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall take such action as may be necessary to ensure 
that—
(1) no aircraft described in section 1 flies—
(A) within 1,500 feet of any structure or 
building; or 
(B) over a city with a population of 
1,000,000 or more or any other location the 
Secretary of Homeland Security determines ap-
propriate, except on approach or departure to 
an airport; and 
(2) the pilot of a flight of any aircraft described 
in section 1 remains in contact with the Federal 
Aviation Administration regardless of the altitude of 
such aircraft. 
(b) EXCEPTIONS.—The Secretary shall except from 
any requirement of subsection (a) an aircraft carrying out 
such police, medical, or other operations as the Secretary 
determines appropriate.
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SECTION 1. SCREENING FOR NONAIR-CARRIER AIRCRAFT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall 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 defined in section 40102 of title 49, United 
States Code) as the screening that is provided for all pas-
sengers and property that are carried aboard a passenger 
aircraft operated by an air carrier under section 44901 
of such title. 
(b) DEADLINE FOR BEGINNING.—On the date of en-
actment of this Act, the Secretary shall begin development 
of a plan, acquiring and training personnel, and acquiring 
equipment for providing the screening required by sub-
section (a). 
SEC. 2. SPECIAL RULES REGARDING FLIGHTS OF NONAIR- 
CARRIER AIRCRAFT. 
(a) IN GENERAL.—The Secretary of Transportation 
shall take such action as may be necessary to ensure 
that— 
(1) no aircraft described in section 1 flies— 
(A) within 1,500 feet of any structure or 
building; or 
(B) over a city with a population of 
1,000,000 or more or any other location the 
Secretary of Homeland Security determines ap-
propriate, except on approach or departure to 
an airport; and 
(2) the pilot of a flight of any aircraft described 
in section 1 remains in contact with the Federal 
Aviation Administration regardless of the altitude of 
such aircraft. 
(b) EXCEPTIONS.—The Secretary shall except from 
any requirement of subsection (a) an aircraft carrying out 
such police, medical, or other operations as the Secretary 
determines appropriate. 
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