Secure Existing Aviation Loopholes Act
United States · United States Congress · 11 February 2004
Secure Existing Aviation Loopholes Act - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a system and plan to screen or inspect all cargo to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation; (2) monitor and evaluate research and development (R&D) of effective cargo screening; and (3) impose a cargo security fee to be collected by the air carrier or foreign air carrier that provides the air transportation. Amends Federal transportation law to authorize the Under Secretary of Transportation for Security to provide for the deployment of Federal air marshals on: (1) any passenger flight of an air carrier in charter air transportation for which the Under Secretary determines such deployment is in the interest of aviation security; (2) every passenger flight of foreign air carriers in air transportation; and (3) flights of all-cargo air transportation. (Currently, the deployment of Federal air marshals may be provided on every passenger flight of air carriers in air transportation or intrastate air transportation). Prohibits the flight of a foreign air carrier from landing in or taking off from a U.S. airport unless it has on board a Federal marshal or an equivalent officer of the government of the foreign country if the Secretary of Homeland Security requests the presence of a Federal marshal or officer on such flight. Directs the Secretary of Homeland Security to: (1) require all flight crews of air carriers to have improved communication systems for providing flight attendants with a wireless method of communicating with pilots that meet certain standards; (2) develop a plan to improve coordination between the Department of Homeland Security and counterpart agencies and departments of foreign governments in the area of aviation security; (3) 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; (4) issue a rule setting forth certain training requirements for flight attendants; (5) issue regulations to improve control over access to the secured area of U.S. airports; (6) issue regulations requiring air carriers to provide pilots with certain training, including aircraft maneuvers to respond to attacks on the aircraft; (7) issue an order requiring cargo aircraft engaged in cargo transportation or intrastate air transportation to have a door between the cargo and pilot compartments that can be locked and cannot be forced open from the cargo compartment, prohibiting access to the flight deck of the cargo aircraft, except by authorized persons, and requiring flight deck doors to remain locked while in flight, except to permit access by authorized persons; (8) issue an order to modify certain aviation security requirements to ensure that the wall surrounding the flight deck door on any passenger aircraft engaged in air transportation or intrastate air transportation is sufficient to secure the cockpit; (9) establish during a high threat level no fly zones around sensitive nuclear facilities, certain chemical facilities, and any other facilities designated by the Secretary of Homeland Security; and (10) require airport operators that serve general aviation aircraft and landing facilities for such aircraft to complete vulnerability assessments for evaluation of the security at such airports and facilities, including a plan for addressing any vulnerabilities. Subjects airport workers: (1) employed in, or applying for, 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 to a social security check and a check against all terrorist watch lists in addition to other required background checks; and (2) to physical screening for metallic objects and having their personal bags inspected for prohibited items such as chemical, biological, radiological, or nuclear materials.