| Commercial Airline Missile Defense Act | |
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
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.
