I 
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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Existing Avia-
tion Loopholes Act’’.
SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PAS-
SENGER 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 secu-
rity 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 per-
sonnel to screen and inspect cargo that meet the same 
standards as those established to screen passenger bag-
gage. 
‘‘(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 TECH-
NOLOGIES.—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 Admin-
istration’s costs of providing services rendered. 
‘‘(e) IMPOSITION OF FEE.—
‘‘(1) IN
GENERAL.—Notwithstanding section 
9701 of title 31, United States Code, and the proce-
dural 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 ex-
cept 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 ap-
propriations 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 trans-
portation described in subsection (a). 
‘‘(3) DUE DATE FOR REMITTANCE.—A fee col-
lected under this section shall be remitted on the 
last day of each calendar month by the carrier col-
lecting 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 re-
quire the provision of such information as the Sec-
retary 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 re-
tained by the air carrier or foreign air carrier for the 
costs of collecting, handling, or remitting the fee ex-
cept for interest accruing to the carrier after collec-
tion and before remittance. 
‘‘(g) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—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 re-
quired.’’. 
SEC. 3. FEDERAL AIR MARSHALS. 
(a) FLIGHTS OF FOREIGN AIR CARRIERS AND CHAR-
TER
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 transpor-
tation’’. 
(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 Sec-
retary of Homeland Security requests the presence 
of such marshal or officer on such flight. 
(2) ENFORCEMENT.—The Secretary of Home-
land Security shall take such action as may be nec-
essary to ensure compliance with this section and ac-
tions 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 add-
ing 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 Sec-
retary 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 communica-
tion systems for providing flight attendants with a 
discreet, secure, hands-free, wireless method of com-
municating with pilots that meet such standards as 
the Secretary may establish by regulation. The com-
munication system for any flight must be accessible 
by any Federal air marshal on the flight and appro-
priate Government security officials and airline per-
sonnel. 
‘‘(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 re-
flect improvements in technology and changes in ter-
rorist tactics. 
‘‘(b) BILATERAL AND MULTILATERAL AGREEMENTS 
TO STRENGTHEN SECURITY.—
‘‘(1) IN GENERAL.—The Secretary shall develop 
a plan to improve coordination between the Depart-
ment and agencies and departments of foreign gov-
ernments 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 Sec-
retary 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 regula-
tions shall require individuals who perform the pre-
flight 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 sub-
ject to criminal history background checks, social se-
curity 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 indi-
viduals who perform these inspections, and to 
identify areas for improvement in such inspec-
tions and training and make recommendations 
regarding improving such inspections and train-
ing.
‘‘(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 Sec-
retary, 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 attend-
ants of air carriers in the following elements of 
self defense: 
‘‘(i) recognizing suspicious activities 
and determining the seriousness of an oc-
currence; 
‘‘(ii) deterring a passenger who might 
present a problem; 
‘‘(iii) crew communication and coordi-
nation; 
‘‘(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 re-
sponses to defend oneself, including the 
use of force against an attacker; 
‘‘(viii) use of protective devices as-
signed to crew members (to the extent 
such devices are approved by the Adminis-
trator or Secretary); 
‘‘(ix) the psychology of terrorists to 
cope with their behavior and passenger re-
sponses to that behavior; and 
‘‘(x) how to respond to aircraft ma-
neuvers that may be authorized to defend 
against an act of criminal violence or air 
piracy; 
‘‘(B) require training of such flight attend-
ants 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 with-
in 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 Emer-
gency Preparedness and Response Directorate 
of the Department of Homeland Security and 
with law enforcement personnel and security ex-
perts who have expertise in self-defense train-
ing, terrorism experts, and representatives of 
air carriers, the provider of self-defense training 
for Federal air marshals, flight attendants, 
labor organizations representing flight attend-
ants, and educational institutions offering law 
enforcement training programs. 
‘‘(B) DESIGNATION
OF
OFFICIAL.—The 
Secretary shall designate an official in the De-
partment to be responsible for overseeing the
States described in section 44903(c) of title 49, United 
States Code. 
‘‘(b) BACKGROUND
CHECKS
FOR
ALL
AIRPORT 
WORKERS.—Individuals employed in, or applying for, po-
sitions described in section 44936 of title 49, United 
States Code, and positions as aircraft maintenance and 
catering personnel, aircraft cargo handlers, and aircraft 
support facilities personnel whether having escorted or 
unescorted access to aircraft or secured areas of airports, 
shall be subject to a social security check and a check 
against all terrorist watch lists maintained by the Govern-
ment in addition to the background checks required under 
such section.’’. 
(b) SCREENING
OF
AIRPORT
WORKERS
USING 
METAL DETECTORS.—Section 44903(h)(4)(B) of title 49, 
United States Code, is amended by inserting before the 
semicolon at the end the following: ‘‘, including, at a min-
imum requiring such individuals to be physically screened 
for metallic objects and to have their personal bags in-
spected for prohibited items such as chemical, biological, 
radiological or nuclear materials’’. 
SEC. 6. AIRCRAFT MANEUVERS. 
(a) TRAINING.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Homeland
Security shall issue regulations to carry out section 44918 
of title 49, United States Code, by requiring air carriers—
(1) to provide pilots with training in flight deck 
procedures, aircraft maneuvers, and best practice to 
defend their aircraft; 
(2) to provide cabin crew members with train-
ing in flight deck communication procedures and the 
appropriate responses to such procedures and ma-
neuvers; 
(3) to provide, in conjunction with and law en-
forcement authorities as appropriate, crew members 
with training in procedures for communicating and 
coordinating effectively with Federal air marshals 
and law enforcement officers during attempts to dis-
rupt the normal operation of the aircraft; and 
(4) to provide pilots with training in flight deck 
procedures, aircraft maneuvers and best practices 
that enable pilots to respond if the aircraft is struck 
by a surface-to-air missile in a manner that in-
creases the likelihood that the pilots will be capable 
of safely landing the aircraft. 
(b) DEVELOPMENT
AND COMPONENTS
OF PILOT 
TRAINING.—The training under subsection (a)(4) shall be 
developed in consultation with organizations that have ex-
pertise in the area of pilot training and shall include com-
ponents that simulate the complete failure of the aircraft’s 
hydraulic system and loss of normal flight controls. 
(c) MATTERS TO CONSIDER IN PROVIDING TRAIN-
ING.—Training under this section shall be provided taking 
into account both the benefit that such procedures and 
maneuvers can provide to thwart terrorists who are on 
board aircraft and the potential safety risks to passengers 
and crew, as well as structural damage to aircraft, that 
may be associated with such procedures and maneuvers. 
(d) EFFECTIVE DATE OF REGULATIONS.—The regu-
lations under this section shall take effect not later than 
the 365th day following the date of enactment of this Act. 
SEC. 7. SECURING COCKPIT DOORS. 
Subtitle A of title IV of the Homeland Security Act 
of 2002 (6 U.S.C. 201 et seq.) is further amended by add-
ing at the end the following: 
‘‘SEC. 407. SECURING COCKPIT DOORS. 
‘‘(a) CARGO AIRCRAFT.—Not later than 180 days 
after the date of enactment of this section, the Secretary 
shall—
‘‘(1) issue an order—
‘‘(A) requiring any aircraft engaged in 
cargo air transportation or intrastate air trans-
portation to have, not later than one year after 
the date of issuance of such order, a door (and
surrounding partition) between the cargo and 
pilot compartments that can be locked and can-
not be forced open from the cargo compart-
ment; 
‘‘(B) prohibiting access to the flight deck 
of aircraft engaged in cargo air transportation 
or intrastate air transportation, except by au-
thorized persons; and 
‘‘(C) requiring that such flight deck doors 
remain locked while any such aircraft is in 
flight except when necessary to permit access 
and egress by authorized persons; and 
‘‘(2) take such other action, including modifica-
tion of safety and security procedures and flight 
deck redesign, as may be necessary to ensure the 
safety and security of the aircraft. 
‘‘(b) PASSENGER AIRCRAFT.—The Secretary shall 
issue an order to modify requirements imposed pursuant 
to section 104 of the Aviation and Transportation Security 
Act (49 U.S.C. 44903 note; 115 Stat. 605) to ensure that 
the wall surrounding the flight deck door on any aircraft 
engaged in passenger air transportation or intrastate air 
transportation is sufficient to secure the cockpit. 
‘‘(c) GRANTS.—The Secretary may make grants or 
other agreements with air carriers (including intrastate air
carriers) to assist such carriers in complying with the or-
ders issued under this section. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.’’. 
SEC. 8. SECURITY REQUIREMENTS FOR GENERAL AVIA-
TION. 
(a) NO FLY ZONES.—The Secretary of Homeland Se-
curity—
(1) shall establish for the duration of any high 
threat level announced by the Secretary (including 
announcements of code orange or above), and 
(2) may establish for the duration of any other 
threat level that is announced by the Secretary and 
that the Secretary determines appropriate, 
no fly zones around sensitive nuclear facilities, chemical 
facilities identified by the Administrator of the Environ-
mental Protection Agency at which a release of the facili-
ty’s hazardous materials could threaten the health of more 
than 1,000,000 people, and any other facilities the Sec-
retary may designate. 
(b) VULNERABILITY ASSESSMENTS.—The Secretary 
shall—
(1) require the operators of airports that serve 
general aviation aircraft and landing facilities for
such aircraft to complete vulnerability assessments 
developed by the Secretary for evaluation of the 
physical security of such airports and facilities and 
of procedures, infrastructure, and resources used 
with respect to such airports and facilities; and 
(2) develop a plan for addressing vulnerabilities 
identified by such assessments not later than the 
365th day following the date of enactment of this 
Act. 
(c) SENSITIVE NUCLEAR FACILITY.—In this section, 
the term ‘‘sensitive nuclear facility’’ means—
(1) a commercial nuclear power plant and asso-
ciated spent fuel storage facility; 
(2) a decommissioned nuclear power plant and 
associated spent fuel storage facility; 
(3) a category I fuel cycle facility; 
(4) a gaseous diffusion plant; and 
(5) a Department of Energy nuclear weapons 
materials production, processing, storage, or re-
search facility.
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