[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 311 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 311
To direct the Secretary of Transportation to issue regulations
requiring turbojet aircraft of air carriers to be equipped with missile
defense systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2003
Mrs. Boxer (for herself and Mr. Schumer) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to issue regulations
requiring turbojet aircraft of air carriers to be equipped with missile
defense systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Airline Missile Defense
Act''.
SEC. 2. REGULATIONS REQUIRING MISSILE DEFENSE SYSTEMS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall issue regulations
that require all turbojet aircraft used by an air carrier for scheduled
air service to be equipped with a missile defense system.
(b) Schedule for Installation.--The regulations shall establish a
schedule for the purchase and installation of such systems on turbojet
aircraft currently in service and turbojet aircraft contracted for
before the date of issuance of the regulations.
(c) New Aircraft.--The regulations shall also require that all
turbojet aircraft contracted for on or after the date of issuance of
the regulations by an air carrier for scheduled air service be equipped
with a missile defense system.
(d) Deadlines for Commencement of Installation.--The regulations
shall require that installation and operation of missile defense
systems under the regulations begin no later than December 31, 2003.
SEC. 3. PURCHASE OF MISSILE DEFENSE SYSTEMS BY THE SECRETARY.
The Secretary of Transportation shall purchase and make available
to an air carrier such missile defense systems as may be necessary for
the air carrier to comply with the regulations issued under section 2
(other than subsection (c)) with respect to turbojet aircraft used by
the air carrier for scheduled air service.
SEC. 4. RESPONSIBILITY OF AIR CARRIER.
Under the regulations issued under section 2, an air carrier shall
be responsible for installing and operating a missile defense system
purchased and made available by the Secretary of Transportation under
section 3.
SEC. 5. PROGRESS REPORTS.
Not later than January 1, 2004, and each July 1 and January 1
thereafter, the Secretary of Transportation shall transmit to Congress
a report on the progress being made in implementation of this Act,
including the regulations issued to carry out this Act.
SEC. 6. INTERIM SECURITY MEASURES
(a) In General.--In order to provide interim security before the
deployment of missile defense systems for turbojet aircraft required
under section 2, the President shall--
(1) exercise the President's authority under title 32,
United States Code, to elevate National Guard units to Federal
status for the purpose of patrolling areas surrounding airports
to protect against the threat posed by missiles and other
ordnance to commercial aircraft; and
(2) deploy units of the United States Coast Guard, in
coordination with the Secretary of Transportation and the
Secretary of Homeland Security, for the purpose of patrolling
areas surrounding airports to protect against the threat posed
by missiles and other ordnance to commercial aircraft.
(b) Progress Report.--Not later than 90 days after the date of
enactment of this Act, the President shall submit to Congress a report
on the progress being made to implement this section.
SEC. 7. DEFINITIONS.
In this Act, the following definitions apply:
(1) Aircraft and air carrier.--The terms ``aircraft'' and
``air carrier'' have the meaning such terms have under section
40102 of title 49, United States Code.
(2) Missile defense system.--The term ``missile defense
system'' means an appropriate (as certified by the Secretary of
Transportation) electronic system that would automatically--
(A) identify when the aircraft is threatened by an
incoming missile or other ordnance;
(B) detect the source of the threat; and
(C) disrupt the guidance system of the incoming
missile or other ordnance, which is intended to result
in the incoming missile or other ordnance being
diverted off course and missing the aircraft.
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