I 

108TH CONGRESS 

1ST SESSION H. R. 2144

To amend title 49, United States Code, to make technical corrections and 

improvements relating to aviation security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2003

Mr. YOUNG of Alaska (for himself, Mr. MICA, Mr. OBERSTAR, and Mr. 

DEFAZIO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL

To amend title 49, United States Code, to make technical 

corrections and improvements relating to aviation security, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Aviation Security Technical Corrections and Improve6 ments Act of 2003’’. 

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of title 49, United States Code. 
2

•HR 2144 IH 

TITLE I—AVIATION SECURITY TECHNICAL CORRECTIONS AND 

IMPROVEMENTS 

Sec. 101. Transportation security functions of Department of Homeland Security. 

Sec. 102. Amendments to chapter 1. 

Sec. 103. Amendment to chapter 3. 

Sec. 104. Amendment to chapter 337. 

Sec. 105. Amendments to chapter 401. 

Sec. 106. Amendments to chapter 411. 

Sec. 107. Amendment to chapter 443. 

Sec. 108. Amendments to chapter 445. 

Sec. 109. Amendments to chapter 461. 

Sec. 110. Amendments to chapter 463. 

Sec. 111. Amendments to chapter 465. 

Sec. 112. Amendments to chapter 471. 

Sec. 113. Amendment to chapter 481. 

Sec. 114. Amendments to Aviation and Transportation Security Act. 

Sec. 115. Amendment to title 5, United States Code. 

TITLE II—MISCELLANEOUS PROVISIONS 

Sec. 201. Exemption for charter operations to provide transportation for the 

Armed Forces. 

Sec. 202. Charter flights at Ronald Reagan Washington National Airport. 

Sec. 203. Pilot program for cargo security. 

Sec. 204. Trusted traveler program. 

Sec. 205. Threats to United States airports. 

Sec. 206. Blast-resistant cargo container technology. 

Sec. 207. Allocations of passenger and baggage screening personnel and equipment. 

Sec. 208. Reimbursement of air carriers for certain screening and related activities.

1 SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or a repeal of, a section or other 

5 provision, the reference shall be considered to be made to 

6 a section or other provision of title 49, United States 

7 Code. 
3

•HR 2144 IH 

1 TITLE I—AVIATION SECURITY 

2 TECHNICAL CORRECTIONS 

3 AND IMPROVEMENTS 

4 SEC. 101. TRANSPORTATION SECURITY FUNCTIONS OF DE5 PARTMENT OF HOMELAND SECURITY. 

6 (a) IN GENERAL.—Subtitle II is amended—

7 (1) by striking the table of chapters and insert8 ing the following:

‘‘PART A—NATIONAL TRANSPORTATION SAFETY BOARD 

‘‘CHAPTER Sec. 

‘‘11. NATIONAL TRANSPORTATION SAFETY BOARD .................. 1101

‘‘PART B—DEPARTMENT OF HOMELAND SECURITY 

‘‘12. GENERAL PROVISIONS .............................................................. 1201

‘‘13. TRANSPORTATION SECURITY ADMINISTRATION .............. 1301

‘‘15. AVIATION SECURITY .................................................................. 1501

‘‘17. INVESTIGATIONS AND PROCEEDINGS .................................. 1701

‘‘19. PENALTIES .................................................................................... 1901’’;

9 (2) by inserting before the chapter heading for 

10 chapter 11 the following: 

11 ‘‘PART A—NATIONAL TRANSPORTATION 

12 SAFETY BOARD’’; 

13 and 

14 (3) by adding at the end the following: 

15 ‘‘PART B—DEPARTMENT OF HOMELAND 

16 SECURITY 

17 ‘‘CHAPTER 12—GENERAL PROVISIONS

‘‘Sec. 

‘‘1201. Definitions.
4

•HR 2144 IH 

1 ‘‘§ 1201. Definitions 

2 ‘‘(a) IN GENERAL.—In this part, the following defini3 tions apply: 

4 ‘‘(1) UNDER SECRETARY FOR BORDER AND

5 TRANSPORTATION SECURITY.—The term ‘Under 

6 Secretary for Border and Transportation Security’ 

7 means the Under Secretary for Border and Trans8 portation Security of the Department of Homeland 

9 Security. 

10 ‘‘(b) APPLICABILITY OF DEFINITIONS IN SUBTITLE

11 VII.—Except as otherwise specifically provided, the defini12 tions contained in section 40102 shall apply to this part. 

13 ‘‘CHAPTER 13—TRANSPORTATION 

14 SECURITY ADMINISTRATION

‘‘SUBCHAPTER I—ORGANIZATION AND ADMINISTRATIVE 

‘‘Sec. 

‘‘1301. Transportation Security Administration. 

‘‘1302. Transportation Security Oversight Board. 

‘‘1303. Small business ombudsman. 

‘‘SUBCHAPTER II—AUTHORITY 

‘‘1321. Authority of Under Secretary for Border and Transportation Security. 

‘‘1322. National emergency responsibilities. 

‘‘1323. Management of security information. 

‘‘1324. Views of National Transportation Safety Board, 

‘‘1325. Acquisitions. 

‘‘1326. Reserved. 

‘‘1327. Regulations. 

‘‘1328. Personnel and services; cooperation by Under Secretary. 

‘‘1329. Personnel management system. 

‘‘1330. Acquisition management system. 

‘‘1331. Authority of Inspector General. 

‘‘1332. Law enforcement powers. 

‘‘1333. Authority to exempt. 

‘‘1334. Nondisclosure of security activities. 

‘‘1335. Administrative.
5

•HR 2144 IH 

1 ‘‘SUBCHAPTER I—ORGANIZATION AND 

2 ADMINISTRATIVE 

3 ‘‘§ 1301. Transportation Security Administration 

4 ‘‘(a) IN GENERAL.—The Transportation Security 

5 Administration shall be an administration within the Di6 rectorate of Border and Transportation Security in the 

7 Department of Homeland Security. 

8 ‘‘(b) ADMINISTRATOR.—

9 ‘‘(1) APPOINTMENT.—The head of the Adminis10 tration shall be the Administrator of the Transpor11 tation Security Administration. The Administrator 

12 shall be appointed by the President, by and with the 

13 advice and consent of the Senate. 

14 ‘‘(2) QUALIFICATIONS.—The Administrator 

15 must—

16 ‘‘(A) be a citizen of the United States; and 

17 ‘‘(B) have experience in a field directly re18 lated to transportation or security. 

19 ‘‘(3) TERM.—The term of office of an indi20 vidual appointed as the Administrator shall be 5 

21 years.

22 ‘‘(4) BONUS ELIGIBILITY.—In addition to the 

23 annual rate of pay authorized by section 5313 of 

24 title 5, the Administrator may receive a bonus for 

25 any calendar year not to exceed 30 percent of the 
6

•HR 2144 IH 

1 annual rate of pay, based on the evaluation of the 

2 Under Secretary for Border and Transportation Se3 curity of the performance of the Administrator. 

4 ‘‘(c) LIMITATION ON OWNERSHIP OF STOCKS AND

5 BONDS.—The Administrator may not own stock in or 

6 bonds of a transportation or security enterprise or an en7 terprise that makes equipment that could be used for secu8 rity purposes. 

9 ‘‘§ 1302. Transportation Security Oversight Board 

10 ‘‘(a) IN GENERAL.—There is established in the De11 partment of Homeland Security a board to be known as 

12 the ‘Transportation Security Oversight Board’. 

13 ‘‘(b) MEMBERSHIP.—

14 ‘‘(1) NUMBER AND APPOINTMENT.—The Board 

15 shall be composed of 7 members as follows: 

16 ‘‘(A) The Secretary of Homeland Security, 

17 or the Secretary’s designee. 

18 ‘‘(B) The Secretary of Transportation, or 

19 the Secretary’s designee. 

20 ‘‘(C) The Attorney General, or the Attor21 ney General’s designee. 

22 ‘‘(D) The Secretary of Defense, or the Sec23 retary’s designee. 

24 ‘‘(E) The Secretary of the Treasury, or the 

25 Secretary’s designee. 
7

•HR 2144 IH 

1 ‘‘(F) The Director of the Central Intel2 ligence Agency, or the Director’s designee. 

3 ‘‘(G) One member appointed by the Presi4 dent to represent the National Security Council. 

5 ‘‘(2) CHAIRPERSON.—The Chairperson of the 

6 Board shall be the Secretary of Homeland Security. 

7 ‘‘(c) DUTIES.—The Board shall—

8 ‘‘(1) review and ratify or disapprove any regula9 tion or security directive issued by the Under Sec10 retary for Border and Transportation Security under 

11 section 1337(b) within 30 days after the date of 

12 issuance of such regulation or directive; 

13 ‘‘(2) facilitate the coordination of intelligence, 

14 security, and law enforcement activities affecting 

15 transportation; 

16 ‘‘(3) facilitate the sharing of intelligence, secu17 rity, and law enforcement information affecting 

18 transportation among Federal agencies and with 

19 carriers and other transportation providers as appro20 priate; 

21 ‘‘(4) explore the technical feasibility of devel22 oping a common database of individuals who may 

23 pose a threat to transportation or national security; 

24 ‘‘(5) review plans for transportation security; 

25 and 
8

•HR 2144 IH 

1 ‘‘(6) make recommendations to the Under Sec2 retary regarding matters reviewed under paragraph 

3 (5). 

4 ‘‘(d) QUARTERLY MEETINGS.—The Board shall meet 

5 at least quarterly. 

6 ‘‘(e) CONSIDERATION OF SECURITY INFORMATION.—

7 A majority of the Board may vote to close a meeting of 

8 the Board to the public, except that meetings shall be 

9 closed to the public whenever classified, sensitive security 

10 information, or information protected in accordance with 

11 section 40119(b), will be discussed. 

12 ‘‘§ 1303. Small business ombudsman 

13 ‘‘(a) ESTABLISHMENT.—There shall be in the Trans14 portation Security Administration a Small Business Om15 budsman. 

16 ‘‘(b) GENERAL DUTIES AND RESPONSIBILITIES.—

17 The Ombudsman shall—

18 ‘‘(1) be appointed by the Administrator of the 

19 Transportation Security Administration; 

20 ‘‘(2) serve as a liaison with small businesses in 

21 the aviation and security industries; 

22 ‘‘(3) be consulted when the Under Secretary for 

23 Border and Transportation Security proposes regu24 lations that may affect small businesses in the avia-
9

•HR 2144 IH 

1 tion or security industry so as to minimize any ad2 verse affect on those businesses; 

3 ‘‘(4) provide assistance to small businesses in 

4 resolving disputes with the Under Secretary or Ad5 ministrator; and 

6 ‘‘(5) report directly to the Administrator. 

7 ‘‘SUBCHAPTER II—AUTHORITY 

8 ‘‘§ 1321. Authority of Under Secretary for Border and 

9 Transportation Security 

10 ‘‘(a) FUNCTIONS, DUTIES, AND POWERS.—In addi11 tion to other functions, duties, and powers authorized by 

12 law, and except as otherwise specifically provided, the 

13 Under Secretary for Border and Transportation Security 

14 shall exercise the functions, duties, and powers set forth 

15 in this part. 

16 ‘‘(b) DELEGATION OF AUTHORITIES TO TSA ADMIN17 ISTRATOR.—The Under Secretary may delegate such func18 tions, duties, and powers to the Administrator of the 

19 Transportation Security Administration as the Under Sec20 retary considers appropriate. 

21 ‘‘(c) FUNCTIONS.—The Under Secretary shall be re22 sponsible for security in all modes of transportation, in23 cluding—
10

•HR 2144 IH 

1 ‘‘(1) carrying out chapter 15, relating to civil 

2 aviation security and related research and develop3 ment activities; and 

4 ‘‘(2) security responsibilities over other modes 

5 of transportation that are exercised by the Depart6 ment of Homeland Security. 

7 ‘‘(d) SCREENING OPERATIONS.—The Under Sec8 retary shall—

9 ‘‘(1) be responsible for day-to-day Federal secu10 rity screening operations for passenger air transpor11 tation and intrastate air transportation under sec12 tions 1501 and 1535; 

13 ‘‘(2) develop standards for the hiring and reten14 tion of security screening personnel; 

15 ‘‘(3) train and test security screening personnel; 

16 and 

17 ‘‘(4) be responsible for hiring and training per18 sonnel to provide security screening at all airports in 

19 the United States where screening is required under 

20 section 1501, in consultation with the Secretary of 

21 Transportation and the heads of other appropriate 

22 Federal agencies and departments. 

23 ‘‘(e) ADDITIONAL DUTIES AND POWERS.—In addi24 tion to carrying out the functions specified in this section, 

25 the Under Secretary shall—
11

•HR 2144 IH 

1 ‘‘(1) receive, assess, and distribute intelligence 

2 information related to transportation security; 

3 ‘‘(2) assess threats to transportation; 

4 ‘‘(3) develop policies, strategies, and plans for 

5 dealing with threats to transportation security; 

6 ‘‘(4) make other plans related to transportation 

7 security, including coordinating countermeasures 

8 with appropriate departments, agencies, and instru9 mentalities of the United States Government; 

10 ‘‘(5) serve as the primary liaison for transpor11 tation security to the intelligence and law enforce12 ment communities; 

13 ‘‘(6) on a day-to-day basis, manage and provide 

14 operational guidance to the field security resources 

15 of the Administration, including Federal Security 

16 Directors as provided by section 1533; 

17 ‘‘(7) enforce security-related regulations and re18 quirements; 

19 ‘‘(8) identify and undertake research and devel20 opment activities necessary to enhance transpor21 tation security; 

22 ‘‘(9) inspect, maintain, and test security facili23 ties, equipment, and systems; 

24 ‘‘(10) ensure the adequacy of security measures 

25 for the transportation of cargo; 
12

•HR 2144 IH 

1 ‘‘(11) oversee the implementation, and ensure 

2 the adequacy, of security measures at airports and 

3 other transportation facilities; 

4 ‘‘(12) require background checks for airport se5 curity screening personnel, individuals with access to 

6 secure areas of airports, and other transportation se7 curity personnel; 

8 ‘‘(13) work in conjunction with the Adminis9 trator of the Federal Aviation Administration with 

10 respect to any actions or activities that may affect 

11 aviation safety or air carrier operations; 

12 ‘‘(14) work with the International Civil Aviation 

13 Organization and appropriate aeronautic authorities 

14 of foreign governments under section 1507 to ad15 dress security concerns on passenger flights by for16 eign air carriers in foreign air transportation; 

17 ‘‘(15) carry out such other duties, and exercise 

18 such other powers, relating to transportation secu19 rity as the Under Secretary considers appropriate, to 

20 the extent authorized by law; and 

21 ‘‘(16) review and, as necessary, develop ways to 

22 strengthen air transportation security, including 

23 ways—

24 ‘‘(A) to strengthen controls over checked 

25 baggage in air transportation, including ways to 
13

•HR 2144 IH 

1 ensure baggage reconciliation and inspection of 

2 items in passenger baggage that could poten3 tially contain explosive devices; 

4 ‘‘(B) to strengthen controls over individ5 uals having access to aircraft; 

6 ‘‘(C) to improve testing of security sys7 tems; 

8 ‘‘(D) to ensure the use of best available 

9 equipment for air transportation security pur10 poses; 

11 ‘‘(E) to strengthen preflight screening of 

12 passengers; 

13 ‘‘(F) to strengthen and enhance the ability 

14 to detect or neutralize nonexplosive weapons, 

15 such as biological, chemical, or similar sub16 stances; and 

17 ‘‘(G) to evaluate such additional measures 

18 as may be appropriate to enhance inspection of 

19 passengers, baggage, and cargo. 

20 ‘‘§ 1322. National emergency responsibilities 

21 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se22 curity, in consultation with the Secretary of Transpor23 tation, shall prescribe the circumstances constituting a na24 tional emergency for purposes of this section and address 
14

•HR 2144 IH 

1 the coordination of transportation security responsibilities 

2 in the case of a national emergency. 

3 ‘‘(b) RESPONSIBILITIES OF UNDER SECRETARY.—

4 Subject to the direction and control of the Secretary of 

5 Homeland Security, the Under Secretary for Border and 

6 Transportation Security, during a national emergency, 

7 shall have the following responsibilities: 

8 ‘‘(1) To coordinate domestic transportation, in9 cluding aviation, rail, and other surface transpor10 tation, and maritime transportation (including port 

11 security). 

12 ‘‘(2) To coordinate and oversee the transpor13 tation-related responsibilities of other departments 

14 and agencies of the Federal Government other than 

15 the Department of Defense and the military depart16 ments. 

17 ‘‘(3) To coordinate and provide notice to other 

18 departments and agencies of the Federal Govern19 ment, and appropriate agencies of State and local 

20 governments, including departments and agencies 

21 for transportation, law enforcement, and border con22 trol, about threats to transportation. 

23 ‘‘(4) To carry out such other duties, and exer24 cise such other powers, relating to transportation 
15

•HR 2144 IH 

1 during a national emergency as the Secretary shall 

2 prescribe. 

3 ‘‘(c) AUTHORITY OF OTHER DEPARTMENTS AND

4 AGENCIES.—The authority of the Under Secretary under 

5 this section shall not supersede the authority of any other 

6 department or agency of the Federal Government under 

7 law with respect to transportation or transportation-re8 lated matters, whether or not during a national emer9 gency. 

10 ‘‘§ 1323. Management of security information 

11 ‘‘In consultation with the Transportation Security 

12 Oversight Board, the Under Secretary for Border and 

13 Transportation Security shall—

14 ‘‘(1) enter into memoranda of understanding 

15 with Federal agencies or other entities to share or 

16 otherwise cross-check as necessary data on individ17 uals identified on Federal agency databases who 

18 may pose a risk to transportation or national secu19 rity; 

20 ‘‘(2) establish procedures for notifying the Ad21 ministrator of the Federal Aviation Administration, 

22 appropriate State and local law enforcement offi23 cials, and airport or airline security officers of the 

24 identity of individuals known to pose, or suspected 
16

•HR 2144 IH 

1 of posing, a risk of air piracy or terrorism or a 

2 threat to airline or passenger safety; 

3 ‘‘(3) in consultation with other appropriate 

4 Federal agencies and air carriers, establish policies 

5 and procedures requiring air carriers—

6 ‘‘(A) to use information from government 

7 agencies to identify individuals on passenger 

8 lists who may be a threat to civil aviation or na9 tional security; and 

10 ‘‘(B) if such an individual is identified, no11 tify appropriate law enforcement agencies, pre12 vent the individual from boarding an aircraft, 

13 or take other appropriate action with respect to 

14 that individual; and 

15 ‘‘(4) consider requiring passenger air carriers to 

16 share passenger lists with appropriate Federal agen17 cies for the purpose of identifying individuals who 

18 may pose a threat to aviation safety or national se19 curity. 

20 ‘‘§ 1324. Views of National Transportation Safety 

21 Board 

22 In taking any action under this subchapter that could 

23 affect safety, the Under Secretary for Border and Trans24 portation Security shall give great weight to the timely 

25 views of the National Transportation Safety Board. 
17

•HR 2144 IH 

1 ‘‘§ 1325. Acquisitions 

2 ‘‘(a) IN GENERAL.—The Under Secretary for Border 

3 and Transportation Security is authorized—

4 ‘‘(1) to acquire (by purchase, lease, condemna5 tion, or otherwise) such real property, or any inter6 est therein, within and outside the continental 

7 United States, as the Under Secretary considers 

8 necessary; 

9 ‘‘(2) to acquire (by purchase, lease, condemna10 tion, or otherwise) and to construct, repair, operate, 

11 and maintain such personal property (including of12 fice space and patents), or any interest therein, 

13 within and outside the continental United States, as 

14 the Under Secretary considers necessary; 

15 ‘‘(3) to lease to others such real and personal 

16 property and to provide by contract or otherwise for 

17 necessary facilities for the welfare of its employees 

18 and to acquire, maintain, and operate equipment for 

19 these facilities; 

20 ‘‘(4) to acquire services, including such personal 

21 services as the Under Secretary determines nec22 essary, and to acquire (by purchase, lease, con23 demnation, or otherwise) and to construct, repair, 

24 operate, and maintain research and testing sites and 

25 facilities; and 
18

•HR 2144 IH 

1 ‘‘(5) in cooperation with the Administrator of 

2 the Federal Aviation Administration, to utilize the 

3 research and development facilities of the Federal 

4 Aviation Administration. 

5 ‘‘(b) TITLE.—Title to any property or interest therein 

6 acquired pursuant to this subsection shall be held by the 

7 Government of the United States. 

8 ‘‘(c) AUTHORITY OF GSA.—Notwithstanding sub9 section (a), the Under Secretary may not undertake any 

10 project for which congressional approval is required under 

11 section 3307 of title 40. 

12 ‘‘§ 1326. Reserved 

13 ‘‘§ 1327. Regulations 

14 ‘‘(a) IN GENERAL.—The Under Secretary for Border 

15 and Transportation Security is authorized to issue, re16 scind, and revise such regulations as are necessary to 

17 carry out the functions of the Transportation Security Ad18 ministration. 

19 ‘‘(b) EMERGENCY PROCEDURES.—

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of law or executive order (including an ex22 ecutive order requiring a cost-benefit analysis), if the 

23 Under Secretary determines that a regulation or se24 curity directive must be issued immediately in order 

25 to protect transportation security, the Under Sec-
19

•HR 2144 IH 

1 retary shall issue the regulation or security directive 

2 without providing notice or an opportunity for com3 ment and without prior approval of the Secretary of 

4 Homeland Security. 

5 ‘‘(2) REVIEW BY TRANSPORTATION SECURITY

6 OVERSIGHT BOARD.—Any regulation or security di7 rective issued under this subsection shall be subject 

8 to review by the Transportation Security Oversight 

9 Board established under section 1312. Any regula10 tion or security directive issued under this sub11 section shall remain effective for a period not to ex12 ceed 90 days unless ratified or disapproved by the 

13 Board or rescinded by the Under Secretary. 

14 ‘‘(c) FACTORS TO CONSIDER.—In determining 

15 whether to issue, rescind, or revise a regulation under this 

16 subchapter, the Under Secretary shall consider, as a factor 

17 in the final determination, whether the costs of the regula18 tion are excessive in relation to the enhancement of secu19 rity the regulation will provide. The Under Secretary may 

20 waive requirements for an analysis that estimates the 

21 number of lives that will be saved by the regulation and 

22 the monetary value of such lives if the Under Secretary 

23 determines that it is not feasible to make such an esti24 mate. 

25 ‘‘(d) AIRWORTHINESS OBJECTIONS BY FAA.—
20

•HR 2144 IH 

1 ‘‘(1) IN GENERAL.—The Under Secretary shall 

2 not take an aviation security action under this title 

3 if the Administrator of the Federal Aviation Admin4 istration notifies the Under Secretary that the action 

5 could adversely affect the airworthiness of an air6 craft. 

7 ‘‘(2) REVIEW BY SECRETARY.—Notwith8 standing paragraph (1), the Under Secretary may 

9 take such an action, after receiving a notification 

10 concerning the action from the Administrator of the 

11 Federal Aviation Administration under paragraph 

12 (1), if the Secretary of Homeland Security, after 

13 consultation with the Secretary of Transportation, 

14 subsequently approves the action. 

15 ‘‘§ 1328. Personnel and services; cooperation by 

16 Under Secretary 

17 ‘‘(a) AUTHORITY OF UNDER SECRETARY.—In car18 rying out the functions of the Transportation Security Ad19 ministration, the Under Secretary for Border and Trans20 portation Security shall have the same authority as is pro21 vided to the Administrator of the Federal Aviation Admin22 istration under subsections (l) and (m) of section 106. 

23 ‘‘(b) AUTHORITY OF AGENCY HEADS.—The head of 

24 a Federal agency shall have the same authority to provide 

25 services, supplies, equipment, personnel, and facilities to 
21

•HR 2144 IH 

1 the Under Secretary as the head has to provide services, 

2 supplies, equipment, personnel, and facilities to the Ad3 ministrator of the Federal Aviation Administration under 

4 section 106(m). 

5 ‘‘§ 1329. Personnel management system 

6 ‘‘The personnel management system established by 

7 the Administrator of the Federal Aviation Administration 

8 under section 40122 shall apply to employees of the 

9 Transportation Security Administration, or, subject to the 

10 requirements of such section, the Under Secretary for 

11 Border and Transportation Security may make such modi12 fications to the personnel management system with re13 spect to such employees as the Under Secretary considers 

14 appropriate, such as adopting aspects of other personnel 

15 systems of the Department of Transportation or the De16 partment of Homeland Security. 

17 ‘‘§ 1330. Acquisition management system 

18 ‘‘The acquisition management system established by 

19 the Administrator of the Federal Aviation Administration 

20 under section 40110 shall apply to acquisitions of supplies, 

21 services, and property by the Transportation Security Ad22 ministration, or, subject to the requirements of such sec23 tion, the Under Secretary for Border and Transportation 

24 Security may make such modifications to the acquisition 

25 management system with respect to such acquisitions of 
22

•HR 2144 IH 

1 supplies, services, and property as the Under Secretary 

2 considers appropriate, such as adopting aspects of other 

3 acquisition management systems of the Department of 

4 Transportation or the Department of Homeland Security. 

5 Any appeal of a decision made under the acquisition sys6 tem developed under this subsection shall be conducted in 

7 accordance with section 1710. 

8 ‘‘§ 1331. Authority of Inspector General 

9 ‘‘The Transportation Security Administration shall 

10 be subject to the Inspector General Act of 1978 (5 U.S.C. 

11 App.) and other laws relating to the authority of the In12 spector General of the Department of Homeland Security. 

13 ‘‘§ 1332. Law enforcement powers 

14 ‘‘(a) IN GENERAL.—The Under Secretary for Border 

15 and Transportation Security may designate an employee 

16 of the Transportation Security Administration to serve as 

17 a law enforcement officer. 

18 ‘‘(b) POWERS.—While engaged in official duties of 

19 the Administration as required to fulfill the responsibilities 

20 under this section, a law enforcement officer designated 

21 under subsection (a) may—

22 ‘‘(1) carry a firearm; 

23 ‘‘(2) make an arrest without a warrant for any 

24 offense against the United States committed in the 

25 presence of the officer, or for any felony cognizable 
23

•HR 2144 IH 

1 under the laws of the United States if the officer has 

2 probable cause to believe that the person to be ar3 rested has committed or is committing the felony; 

4 and 

5 ‘‘(3) seek and execute warrants for arrest or 

6 seizure of evidence issued under the authority of the 

7 United States upon probable cause that a violation 

8 has been committed. 

9 ‘‘(c) GUIDELINES ON EXERCISE OF AUTHORITY.—

10 The authority provided by this section shall be exercised 

11 in accordance with guidelines prescribed by the Under 

12 Secretary, in consultation with the Attorney General of the 

13 United States, and shall include adherence to the Attorney 

14 General’s policy on use of deadly force. 

15 ‘‘(d) REVOCATION OR SUSPENSION OF AUTHOR16 ITY.—The powers authorized by this section may be re17 scinded or suspended should the Attorney General deter18 mine that the Under Secretary has not complied with the 

19 guidelines prescribed in subsection (c) and conveys the de20 termination in writing to the Secretary of Homeland Secu21 rity and the Under Secretary. 

22 ‘‘§ 1333. Authority to exempt 

23 ‘‘The Under Secretary for Border and Transpor24 tation Security may grant an exemption from a regulation 
24

•HR 2144 IH 

1 prescribed in carrying out this part if the Under Secretary 

2 determines that the exemption is in the public interest. 

3 ‘‘§ 1334. Nondisclosure of security activities 

4 ‘‘(a) IN GENERAL.—Notwithstanding section 552 of 

5 title 5, the Under Secretary for Border and Transpor6 tation Security shall prescribe regulations prohibiting the 

7 disclosure of information obtained or developed in carrying 

8 out security under this part if the Under Secretary decides 

9 that disclosing the information would—

10 ‘‘(1) be an unwarranted invasion of personal 

11 privacy; 

12 ‘‘(2) reveal a trade secret or privileged or con13 fidential commercial or financial information; or 

14 ‘‘(3) reveal a United States Government pro15 gram or activity for safeguarding the security of 

16 transportation. 

17 ‘‘(b) AVAILABILITY OF INFORMATION TO CON18 GRESS.—Subsection (a) does not authorize information to 

19 be withheld from a committee of Congress authorized to 

20 have the information. 

21 ‘‘(c) LIMITATION ON TRANSFERABILITY OF DU22 TIES.—Except as otherwise provided by law, the Under 

23 Secretary may not transfer a duty or power under this 

24 section to another department, agency, or instrumentality 

25 of the United States. 
25

•HR 2144 IH 

1 ‘‘§ 1335. Administrative 

2 ‘‘(a) GENERAL AUTHORITY.—The Under Secretary 

3 for Border and Transportation Security may take action 

4 the Under Secretary considers necessary to carry out this 

5 part, including conducting investigations, prescribing reg6 ulations, standards, and procedures, and issuing orders. 

7 ‘‘(b) INDEMNIFICATION.—The Under Secretary for 

8 Border and Transportation Security may indemnify an of9 ficer or employee of the Transportation Security Adminis10 tration against a claim or judgment arising out of an act 

11 that the Under Secretary decides was committed within 

12 the scope of the official duties of the officer or employee. 

13 ‘‘CHAPTER 15—AVIATION SECURITY

‘‘SUBCHAPTER I—REQUIREMENTS 

‘‘Sec. 

‘‘1501. Screening passengers and property. 

‘‘1502. Refusal to transport passengers and property. 

‘‘1503. Air transportation security. 

‘‘1504. Domestic air transportation system security. 

‘‘1505. Information about threats to civil aviation. 

‘‘1506. Foreign air carrier security programs. 

‘‘1507. Security standards at foreign airports. 

‘‘1508. Travel advisory and suspension of foreign assistance. 

‘‘1509. Passenger manifests. 

‘‘1510. Agreements on aircraft sabotage, aircraft hijacking, and airport security. 

‘‘1511. Intelligence. 

‘‘1512. Research and development. 

‘‘1513. Explosive detection. 

‘‘1514. Airport construction guidelines. 

‘‘1515. Exemptions. 

‘‘1516. Assessments and evaluations. 

‘‘1517. Deployment of Federal air marshals. 

‘‘1518. Crew training. 

‘‘1519. Security screening pilot program. 

‘‘1520. Security screening opt-out program. 

‘‘1521. Federal flight deck officer program. 

‘‘1522. Deputation of State and local law enforcement officers. 

‘‘1523. Limitation of flights over certain stadiums. 

‘‘1524. Certification of explosives detection canine and handler teams. 
26

•HR 2144 IH 

‘‘1525. Airport security improvement projects. 

‘‘1526. Repair station security. 

‘‘SUBCHAPTER II—ADMINISTRATION AND PERSONNEL 

‘‘1531. Reserved. 

‘‘1532. Reserved. 

‘‘1533. Federal Security Directors. 

‘‘1534. Foreign Security Liaison Officers. 

‘‘1535. Employment standards and training. 

‘‘1536. Employment investigations and restrictions. 

‘‘1537. Prohibition on transferring duties and powers. 

‘‘1538. Reports. 

‘‘1539. Training to operate certain aircraft. 

‘‘1540. Security service fee. 

‘‘1541. Immunity for reporting suspicious activities. 

‘‘1542. Performance goals and objectives. 

‘‘1543. Performance management system. 

‘‘1544. Voluntary provision of emergency services.

1 ‘‘SUBCHAPTER I—REQUIREMENTS 

2 ‘‘§ 1501. Screening passengers and property 

3 ‘‘(a) IN GENERAL.—The Under Secretary for Border 

4 and Transportation Security shall provide for the screen5 ing of all passengers and property, including United 

6 States mail, cargo, carry-on and checked baggage, and 

7 other articles, that will be carried aboard a passenger air8 craft operated by an air carrier or foreign air carrier in 

9 air transportation or intrastate air transportation. In the 

10 case of flights and flight segments originating in the 

11 United States, the screening shall take place before board12 ing and shall be carried out by a Federal Government em13 ployee (as defined in section 2105 of title 5 or, in the case 

14 of United States mail, by an employee or officer of the 

15 United States Postal Service under standards and proce16 dures established pursuant to a Memorandum of Under17 standing between the Under Secretary and the United 
27

•HR 2144 IH 

1 States Postal Service) except as otherwise provided in sec2 tion 1519 or 1520 and except for identifying passengers 

3 and baggage for screening under the CAPPS and known 

4 shipper programs and conducting positive bag-match pro5 grams. 

6 ‘‘(b) SUPERVISION OF SCREENING.—All screening of 

7 passengers and property at airports in the United States 

8 where screening is required under this section shall be su9 pervised by uniformed Federal personnel of the Transpor10 tation Security Administration who shall have the power 

11 to order the dismissal of any individual performing such 

12 screening. 

13 ‘‘(c) CHECKED BAGGAGE.—A system must be in op14 eration to screen all checked baggage at all airports in 

15 the United States as soon as practicable but not later than 

16 January 19, 2002. 

17 ‘‘(d) EXPLOSIVE DETECTION SYSTEMS.—

18 ‘‘(1) IN GENERAL.—The Under Secretary for 

19 Border and Transportation Security shall take all 

20 necessary action to ensure that—

21 ‘‘(A) explosive detection systems are de22 ployed as soon as possible to ensure that all 

23 United States airports described in section 

24 1503(c) have sufficient explosive detection sys25 tems to screen all checked baggage no later 
28

•HR 2144 IH 

1 than December 31, 2002, and that as soon as 

2 such systems are in place at an airport, all 

3 checked baggage at the airport is screened by 

4 those systems; and 

5 ‘‘(B) all systems deployed under subpara6 graph (A) are fully utilized; and 

7 ‘‘(C) if explosive detection equipment at an 

8 airport is unavailable, all checked baggage is 

9 screened by an alternative means. 

10 ‘‘(2) DEADLINE.—

11 ‘‘(A) IN GENERAL.—If, in his discretion or 

12 at the request of an airport, the Under Sec13 retary determines that the Transportation Se14 curity Administration is not able to deploy ex15 plosive detection systems required to be de16 ployed under paragraph (1) at all airports 

17 where explosive detection systems are required 

18 by December 31, 2002, then with respect to 

19 each airport for which the Under Secretary 

20 makes that determination—

21 ‘‘(i) the Under Secretary shall submit 

22 to the Senate Committee on Commerce, 

23 Science, and Transportation and the 

24 House of Representatives Committee on 

25 Transportation and Infrastructure a de-
29

•HR 2144 IH 

1 tailed plan (which may be submitted in 

2 classified form) for the deployment of the 

3 number of explosive detection systems at 

4 that airport necessary to meet the require5 ments of paragraph (1) as soon as prac6 ticable at that airport but in no event later 

7 than December 31, 2003; and 

8 ‘‘(ii) the Under Secretary shall take 

9 all necessary action to ensure that alter10 native means of screening all checked bag11 gage is implemented until the requirements 

12 of paragraph (1) have been met. 

13 ‘‘(B) CRITERIA FOR DETERMINATION.—In 

14 making a determination under subparagraph 

15 (A), the Under Secretary shall take into ac16 count—

17 ‘‘(i) the nature and extent of the re18 quired modifications to the airport’s ter19 minal buildings, and the technical, engi20 neering, design, and construction issues; 

21 ‘‘(ii) the need to ensure that such in22 stallations and modifications are effective; 

23 and 

24 ‘‘(iii) the feasibility and cost-effective25 ness of deploying explosive detection sys-
30

•HR 2144 IH 

1 tems in the baggage sorting area or other 

2 non-public area rather than the lobby of an 

3 airport terminal building. 

4 ‘‘(C) RESPONSE.—The Under Secretary 

5 shall respond to the request of an airport under 

6 subparagraph (A) within 14 days of receiving 

7 the request. A denial of a request shall create 

8 no right of appeal or judicial review. 

9 ‘‘(D) AIRPORT EFFORT REQUIRED.—Each 

10 airport with respect to which the Under Sec11 retary makes a determination under subpara12 graph (A) shall cooperate fully with the Under 

13 Secretary with respect to screening checked 

14 baggage and changes to accommodate explosive 

15 detection systems. 

16 ‘‘(3) REPORTS.—Until the Under Secretary has 

17 met the requirements of paragraph (1), the Under 

18 Secretary shall submit a classified report every 30 

19 days after December 31, 2002, to the Senate Com20 mittee on Commerce, Science, and Transportation 

21 and the House of Representatives Committee on 

22 Transportation and Infrastructure describing the 

23 progress made toward meeting such requirements at 

24 each airport. 
31

•HR 2144 IH 

1 ‘‘(e) MANDATORY SCREENING WHERE EDS NOT

2 YET AVAILABLE.—As soon as practicable but not later 

3 than January 19, 2002, and until the requirements of sub4 section (d)(1) are met, the Under Secretary shall require 

5 alternative means for screening any piece of checked bag6 gage that is not screened by an explosive detection system. 

7 Such alternative means may include 1 or more of the fol8 lowing: 

9 ‘‘(1) A bag-match program that ensures that no 

10 checked baggage is placed aboard an aircraft unless 

11 the passenger who checked the baggage is aboard 

12 the aircraft. 

13 ‘‘(2) Manual search. 

14 ‘‘(3) Search by canine explosive detection units 

15 in combination with other means. 

16 ‘‘(4) Other means or technology approved by 

17 the Under Secretary. 

18 ‘‘(f) CARGO DEADLINE.—A system must be in oper19 ation to screen, inspect, or otherwise ensure the security 

20 of all cargo that is to be transported in all-cargo aircraft 

21 in air transportation and intrastate air transportation as 

22 soon as practicable after November 19, 2001. 

23 ‘‘(g) DEPLOYMENT OF ARMED PERSONNEL.—

24 ‘‘(1) IN GENERAL.—The Under Secretary shall 

25 order the deployment of law enforcement personnel 
32

•HR 2144 IH 

1 authorized to carry firearms at each airport security 

2 screening location to ensure passenger safety and 

3 national security. The Under Secretary may allow 

4 law enforcement personnel to be stationed other 

5 than at the airport security screening location if that 

6 would be preferable for law enforcement purposes 

7 and if such personnel would still be able to provide 

8 prompt responsiveness to problems occurring at the 

9 screening location. 

10 ‘‘(2) MINIMUM REQUIREMENTS.—The Under 

11 Secretary shall order the deployment of at least 1 

12 law enforcement officer at each airport security 

13 screening location. At the 100 largest airports in the 

14 United States, in terms of annual passenger 

15 enplanements for the most recent calendar year for 

16 which data are available, the Under Secretary shall 

17 order the deployment of additional law enforcement 

18 personnel at airport security screening locations if 

19 the Under Secretary determines that the additional 

20 deployment is necessary to ensure passenger safety 

21 and national security. 

22 ‘‘(h) EXEMPTIONS AND ADVISING CONGRESS ON

23 REGULATIONS.—The Under Secretary—

24 ‘‘(1) may exempt from this section air transpor25 tation operations, except scheduled passenger oper-
33

•HR 2144 IH 

1 ations of an air carrier providing air transportation 

2 under a certificate issued under section 41102 or a 

3 permit issued under section 41302; and 

4 ‘‘(2) shall advise Congress of a regulation to be 

5 prescribed under this section at least 30 days before 

6 the effective date of the regulation, unless the Under 

7 Secretary decides an emergency exists requiring the 

8 regulation to become effective in fewer than 30 days 

9 and notifies Congress of that decision. 

10 ‘‘(i) SPECIAL RULES.—

11 ‘‘(1) LIMITATION ON LIABILITY.—An officer or 

12 employee of the United States, acting in good faith 

13 and within the scope of employment, shall not be lia14 ble for any claim arising from the inspection of per15 sons or property performed under the authority of 

16 this section or section 1503. 

17 ‘‘(2) NONAPPLICABILITY OF FEDERAL TORT

18 CLAIMS ACT TO CERTAIN CLAIMS.—The provisions of 

19 chapter 171 and section 1346(b) of title 28, United 

20 States Code, shall not apply to any claim arising 

21 from the loss, detention, or negligent handling of 

22 property subject to inspection or security screening 

23 operations under this section or section 1503. 

24 ‘‘(3) SETTLEMENT OF SMALL CLAIMS.—The 

25 provisions of section 3723 of title 31 shall apply to 
34

•HR 2144 IH 

1 any claim arising from the loss, detention, or neg2 ligent handling of property subject to inspection or 

3 security screening operations under this section or 

4 section 1503; except that the maximum amount for 

5 which such a claim may be settled under section 

6 3723(a) shall be $2,500. 

7 ‘‘§ 1502. Refusal to transport passengers and prop8 erty 

9 ‘‘(a) MANDATORY REFUSAL.—The Under Secretary 

10 for Border and Transportation Security shall prescribe 

11 regulations requiring an air carrier, intrastate air carrier, 

12 or foreign air carrier to refuse to transport—

13 ‘‘(1) a passenger who does not consent to a 

14 search under section 1501(a) establishing whether 

15 the passenger is carrying unlawfully a dangerous 

16 weapon, explosive, or other destructive substance; or 

17 ‘‘(2) property of a passenger who does not con18 sent to a search of the property establishing whether 

19 the property unlawfully contains a dangerous weap20 on, explosive, or other destructive substance. 

21 ‘‘(b) PERMISSIVE REFUSAL.—Subject to regulations 

22 of the Under Secretary, an air carrier, intrastate air car23 rier, or foreign air carrier may refuse to transport a pas24 senger or property the carrier decides is, or might be, in25 imical to safety. 
35

•HR 2144 IH 

1 ‘‘(c) AGREEING TO CONSENT TO SEARCH.—An 

2 agreement to carry passengers or property in air transpor3 tation or intrastate air transportation by an air carrier, 

4 intrastate air carrier, or foreign air carrier is deemed to 

5 include an agreement that the passenger or property will 

6 not be carried if consent to search the passenger or prop7 erty for a purpose referred to in this section is not given. 

8 ‘‘§ 1503. Air transportation security 

9 ‘‘(a) DEFINITION.—In this section, the term ‘law en10 forcement personnel’ means individuals—

11 ‘‘(1) authorized to carry and use firearms; 

12 ‘‘(2) vested with the degree of the police power 

13 of arrest the Under Secretary for Border and Trans14 portation Security considers necessary to carry out 

15 this section; and 

16 ‘‘(3) identifiable by appropriate indicia of au17 thority. 

18 ‘‘(b) PROTECTION AGAINST VIOLENCE AND PI19 RACY.—The Under Secretary shall prescribe regulations 

20 to protect passengers and property on an aircraft oper21 ating in air transportation or intrastate air transportation 

22 against an act of criminal violence or aircraft piracy. 

23 When prescribing a regulation under this subsection, the 

24 Under Secretary shall—
36

•HR 2144 IH 

1 ‘‘(1) consult with the Secretary of Transpor2 tation, the Attorney General, the heads of other de3 partments, agencies, and instrumentalities of the 

4 United States Government, and State and local au5 thorities; 

6 ‘‘(2) consider whether a proposed regulation is 

7 consistent with—

8 ‘‘(A) protecting passengers; and 

9 ‘‘(B) the public interest in promoting air 

10 transportation and intrastate air transpor11 tation; 

12 ‘‘(3) to the maximum extent practicable, require 

13 a uniform procedure for searching and detaining 

14 passengers and property to ensure—

15 ‘‘(A) their safety; and 

16 ‘‘(B) courteous and efficient treatment by 

17 an air carrier, an agent or employee of an air 

18 carrier, and Government, State, and local law 

19 enforcement personnel carrying out this section; 

20 and 

21 ‘‘(4) consider the extent to which a proposed 

22 regulation will carry out this section. 

23 ‘‘(c) SECURITY PROGRAMS.—

24 ‘‘(1) IN GENERAL.—
37

•HR 2144 IH 

1 ‘‘(A) ESTABLISHMENT.—The Under Sec2 retary shall prescribe regulations under sub3 section (b) that require each operator of an air4 port regularly serving an air carrier holding a 

5 certificate issued by the Secretary of Transpor6 tation to establish an air transportation security 

7 program that provides a law enforcement pres8 ence and capability at each of those airports 

9 that is adequate to ensure the safety of pas10 sengers. 

11 ‘‘(B) USE OF LAW ENFORCEMENT PER12 SONNEL.—

13 ‘‘(i) STATE, LOCAL, AND PRIVATE.—

14 The regulations shall authorize an operator 

15 of an airport to use the services of quali16 fied State, local, and private law enforce17 ment personnel. 

18 ‘‘(ii) FEDERAL GOVERNMENT.—When 

19 the Under Secretary decides, after being 

20 notified by an operator of an airport in the 

21 form the Under Secretary prescribes, that 

22 not enough qualified State, local, and pri23 vate law enforcement personnel are avail24 able to carry out subsection (b), the Under 

25 Secretary may authorize the operator to 
38

•HR 2144 IH 

1 use, on a reimbursable basis, personnel 

2 employed by the Under Secretary, or by 

3 another department, agency, or instrumen4 tality of the Government with the consent 

5 of the head of the department, agency, or 

6 instrumentality, to supplement State, local, 

7 and private law enforcement personnel. 

8 When deciding whether additional per9 sonnel are needed, the Under Secretary 

10 shall consider the number of passengers 

11 boarded at the airport, the extent of antici12 pated risk of criminal violence or aircraft 

13 piracy at the airport or to the air carrier 

14 aircraft operations at the airport, and the 

15 availability of qualified State or local law 

16 enforcement personnel at the airport. 

17 ‘‘(2) APPROVAL.—

18 ‘‘(A) IN GENERAL.—The Under Secretary 

19 may approve a security program of an airport 

20 operator, or an amendment in an existing pro21 gram, that incorporates a security program of 

22 an airport tenant (except an air carrier sepa23 rately complying with part 108 or 129 of title 

24 14, Code of Federal Regulations, or any suc25 cessor regulation) having access to a secured 
39

•HR 2144 IH 

1 area of the airport if the program or amend2 ment incorporates—

3 ‘‘(i) the measures the tenant will use, 

4 within the tenant’s leased areas or areas 

5 designated for the tenant’s exclusive use 

6 under an agreement with the airport oper7 ator, to carry out the security require8 ments imposed by the Under Secretary on 

9 the airport operator under the access con10 trol system requirements of section 107.14 

11 of title 14, Code of Federal Regulations (or 

12 any successor regulation), or under other 

13 requirements of part 107 of title 14 (or 

14 any successor regulation); and 

15 ‘‘(ii) the methods the airport operator 

16 will use to monitor and audit the tenant’s 

17 compliance with the security requirements 

18 and provides that the tenant will be re19 quired to pay monetary penalties to the 

20 airport operator if the tenant fails to carry 

21 out a security requirement under a con22 tractual provision or requirement imposed 

23 by the airport operator. 

24 ‘‘(B) EFFECT OF APPROVAL.—If the 

25 Under Secretary approves a program or amend-
40

•HR 2144 IH 

1 ment described in subparagraph (A), the air2 port operator may not be found to be in viola3 tion of a requirement of this subsection or sub4 section (b) when the airport operator dem5 onstrates that the tenant or an employee, per6 mittee, or invitee of the tenant is responsible 

7 for the violation and that the airport operator 

8 has complied with all measures in its security 

9 program for securing compliance with its secu10 rity program by the tenant. 

11 ‘‘(C) USE OF CHEMICAL AND BIOLOGICAL

12 WEAPON DETECTION EQUIPMENT.—The Under 

13 Secretary may require airports to maximize the 

14 use of technology and equipment that is de15 signed to detect or neutralize potential chemical 

16 or biological weapons. 

17 ‘‘(3) PILOT PROGRAMS.—The Under Secretary 

18 shall establish pilot programs in no fewer than 20 

19 airports to test and evaluate new and emerging tech20 nology for providing access control and other secu21 rity protections for closed or secure areas of the air22 ports. Such technology may include biometric or 

23 other technology that ensures only authorized access 

24 to secure areas. 
41

•HR 2144 IH 

1 ‘‘(d) AUTHORIZING INDIVIDUALS TO CARRY FIRE2 ARMS AND MAKE ARRESTS.—With the approval of the At3 torney General and the Secretary of State, the Secretary 

4 of Homeland Security may authorize an individual who 

5 carries out air transportation security duties—

6 ‘‘(1) to carry firearms; and 

7 ‘‘(2) to make arrests without warrant for an of8 fense against the United States committed in the 

9 presence of the individual or for a felony under the 

10 laws of the United States, if the individual reason11 ably believes the individual to be arrested has com12 mitted or is committing a felony. 

13 ‘‘(e) EXCLUSIVE RESPONSIBILITY OVER PASSENGER

14 SAFETY.—The Under Secretary has the exclusive respon15 sibility to direct law enforcement activity related to the 

16 safety of passengers on an aircraft involved in an offense 

17 under section 46502 from the moment all external doors 

18 of the aircraft are closed following boarding until those 

19 doors are opened to allow passengers to leave the aircraft. 

20 When requested by the Under Secretary, other depart21 ments, agencies, and instrumentalities of the Government 

22 shall provide assistance necessary to carry out this sub23 section. 

24 ‘‘(f) GOVERNMENT AND INDUSTRY CONSORTIA.—

25 The Under Secretary may establish at airports such con-
42

•HR 2144 IH 

1 sortia of government and aviation industry representatives 

2 as the Under Secretary may designate to provide advice 

3 on matters related to aviation security. Such consortia 

4 shall not be considered Federal advisory committees for 

5 purposes of the Federal Advisory Committee Act (5 

6 U.S.C. App.). 

7 ‘‘(g) IMPROVEMENT OF SECURED-AREA ACCESS

8 CONTROL.—

9 ‘‘(1) ENFORCEMENT.—

10 ‘‘(A) UNDER SECRETARY TO PUBLISH

11 SANCTIONS.—The Under Secretary shall pub12 lish in the Federal Register a list of sanctions 

13 for use as guidelines in the discipline of employ14 ees for infractions of airport access control re15 quirements. The guidelines shall incorporate a 

16 progressive disciplinary approach that relates 

17 proposed sanctions to the severity or recurring 

18 nature of the infraction and shall include meas19 ures such as remedial training, suspension from 

20 security-related duties, suspension from all du21 ties without pay, and termination of employ22 ment. 

23 ‘‘(B) USE OF SANCTIONS.—Each airport 

24 operator, air carrier, and security screening 

25 company shall include the list of sanctions pub-
43

•HR 2144 IH 

1 lished by the Under Secretary in its security 

2 program. The security program shall include a 

3 process for taking prompt disciplinary action 

4 against an employee who commits an infraction 

5 of airport access control requirements. 

6 ‘‘(2) IMPROVEMENTS.—The Under Secretary 

7 shall—

8 ‘‘(A) work with airport operators and air 

9 carriers to implement and strengthen existing 

10 controls to eliminate airport access control 

11 weaknesses; 

12 ‘‘(B) require airport operators and air car13 riers to develop and implement comprehensive 

14 and recurring training programs that teach em15 ployees their roles in airport security, the im16 portance of their participation, how their per17 formance will be evaluated, and what action will 

18 be taken if they fail to perform; 

19 ‘‘(C) require airport operators and air car20 riers to develop and implement programs that 

21 foster and reward compliance with airport ac22 cess control requirements and discourage and 

23 penalize noncompliance in accordance with 

24 guidelines issued by the Under Secretary to 

25 measure employee compliance; 
44

•HR 2144 IH 

1 ‘‘(D) on an ongoing basis, assess and test 

2 for compliance with access control require3 ments, report annually findings of the assess4 ments, and assess the effectiveness of penalties 

5 in ensuring compliance with security procedures 

6 and take any other appropriate enforcement ac7 tions when noncompliance is found; 

8 ‘‘(E) improve and better administer the 

9 Under Secretary’s security database to ensure 

10 its efficiency, reliability, and usefulness for 

11 identification of systemic problems and alloca12 tion of resources; 

13 ‘‘(F) improve the execution of the Under 

14 Secretary’s quality control program; and 

15 ‘‘(G) work with airport operators to 

16 strengthen access control points in secured 

17 areas (including air traffic control operations 

18 areas, maintenance areas, crew lounges, bag19 gage handling areas, concessions, and catering 

20 delivery areas) to ensure the security of pas21 sengers and aircraft and consider the deploy22 ment of biometric or similar technologies that 

23 identify individuals based on unique personal 

24 characteristics. 
45

•HR 2144 IH 

1 ‘‘(h) IMPROVED AIRPORT PERIMETER ACCESS SECU2 RITY.—

3 ‘‘(1) IN GENERAL.—The Under Secretary, in 

4 consultation with the airport operator and law en5 forcement authorities, may order the deployment of 

6 such personnel at any secure area of the airport as 

7 necessary to counter the risk of criminal violence, 

8 the risk of aircraft piracy at the airport, the risk to 

9 air carrier aircraft operations at the airport, or to 

10 meet national security concerns. 

11 ‘‘(2) SECURITY OF AIRCRAFT AND GROUND AC12 CESS TO SECURE AREAS.—In determining where to 

13 deploy such personnel, the Under Secretary shall 

14 consider the physical security needs of air traffic 

15 control facilities, parked aircraft, aircraft servicing 

16 equipment, aircraft supplies (including fuel), auto17 mobile parking facilities within airport perimeters or 

18 adjacent to secured facilities, and access and transi19 tion areas at airports served by other means of 

20 ground or water transportation. 

21 ‘‘(3) DEPLOYMENT OF FEDERAL LAW EN22 FORCEMENT PERSONNEL.—The Under Secretary 

23 may enter into a memorandum of understanding or 

24 other agreement with the Attorney General or the 

25 head of any other appropriate Federal law enforce-
46

•HR 2144 IH 

1 ment agency to deploy Federal law enforcement per2 sonnel at an airport in order to meet aviation safety 

3 and security concerns. 

4 ‘‘(4) AIRPORT PERIMETER SCREENING.—The 

5 Under Secretary—

6 ‘‘(A) shall require screening or inspection 

7 of all individuals, including employees of airport 

8 operators, employees of air carriers or foreign 

9 air carriers, and employees of concessionaires, 

10 before entry into a sterile area of an airport in 

11 the United States described in subsection (c); 

12 ‘‘(B) shall require, as soon as practicable 

13 after November 19, 2001, screening or inspec14 tion of all individuals, goods, property, vehicles, 

15 and other equipment before entry into a secured 

16 area of an airport in the United States de17 scribed in section 1503(c); 

18 ‘‘(C) shall prescribe specific requirements 

19 for such screening and inspection that will as20 sure at least the same level of protection as will 

21 result from screening of passengers and their 

22 baggage; 

23 ‘‘(D) shall establish procedures to ensure 

24 the safety and integrity of—
47

•HR 2144 IH 

1 ‘‘(i) all persons providing services with 

2 respect to aircraft providing passenger air 

3 transportation or intrastate air transpor4 tation and facilities of such persons at an 

5 airport in the United States described in 

6 section 1503(c); 

7 ‘‘(ii) all supplies, including catering 

8 and passenger amenities, placed aboard 

9 such aircraft, including the sealing of sup10 plies to ensure easy visual detection of 

11 tampering; and 

12 ‘‘(iii) all persons providing such sup13 plies and facilities of such persons; 

14 ‘‘(E) shall require vendors having direct 

15 access to the airfield and aircraft to develop se16 curity programs; and 

17 ‘‘(F) may provide for the use of biometric 

18 or other technology that positively verifies the 

19 identity of each employee and law enforcement 

20 officer who enters a secure area of an airport. 

21 ‘‘(i) AUTHORITY TO ARM FLIGHT DECK CREW WITH

22 LESS-THAN-LETHAL WEAPONS.—

23 ‘‘(1) IN GENERAL.—If the Under Secretary, 

24 after receiving the recommendations of the National 

25 Institute of Justice, determines, with the approval of 
48

•HR 2144 IH 

1 the Attorney General and the Secretary of State, 

2 that it is appropriate and necessary and would effec3 tively serve the public interest in avoiding air piracy, 

4 the Under Secretary may authorize members of the 

5 flight deck crew on any aircraft providing air trans6 portation or intrastate air transportation to carry a 

7 less-than-lethal weapon while the aircraft is engaged 

8 in providing such transportation. 

9 ‘‘(2) USAGE.—If the Under Secretary grants 

10 authority under paragraph (1) for flight deck crew 

11 members to carry a less-than-lethal weapon while en12 gaged in providing air transportation or intrastate 

13 air transportation, the Under Secretary shall—

14 ‘‘(A) prescribe rules requiring that any 

15 such crew member be trained in the proper use 

16 of the weapon; and 

17 ‘‘(B) prescribe guidelines setting forth the 

18 circumstances under which such weapons may 

19 be used. 

20 ‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS21 THAN-LETHAL WEAPONS.—If, after November 25, 

22 2002, the Under Secretary receives a request from 

23 an air carrier for authorization to allow pilots of the 

24 air carrier to carry less-than-lethal weapons, the 
49

•HR 2144 IH 

1 Under Secretary shall respond to that request within 

2 90 days. 

3 ‘‘(j) SHORT-TERM ASSESSMENT AND DEPLOYMENT

4 OF EMERGING SECURITY TECHNOLOGIES AND PROCE5 DURES.—

6 ‘‘(1) IN GENERAL.—The Under Secretary shall 

7 recommend to airport operators commercially avail8 able measures or procedures to prevent access to se9 cure airport areas by unauthorized persons. As part 

10 of the assessment, the Under Secretary shall—

11 ‘‘(A) review the effectiveness of biometrics 

12 systems currently in use at several United 

13 States airports, including San Francisco Inter14 national; 

15 ‘‘(B) review the effectiveness of increased 

16 surveillance at access points; 

17 ‘‘(C) review the effectiveness of card- or 

18 keypad-based access systems; 

19 ‘‘(D) review the effectiveness of airport 

20 emergency exit systems and determine whether 

21 those that lead to secure areas of the airport 

22 should be monitored or how breaches can be 

23 swiftly responded to; and 

24 ‘‘(E) specifically target the elimination of 

25 the ‘piggy-backing’ phenomenon, where another 
50

•HR 2144 IH 

1 person follows an authorized person through the 

2 access point. 

3 The assessment shall include a deployment strategy 

4 for currently available technology at all category X 

5 airports, as defined in the Federal Aviation Adminis6 tration approved air carrier security programs re7 quired under part 108 of title 14, Code of Federal 

8 Regulations (or any successor regulation). The 

9 Under Secretary shall conduct a review of reductions 

10 in unauthorized access at these airports. 

11 ‘‘(2) COMPUTER-ASSISTED PASSENGER

12 PRESCREENING SYSTEM.—

13 ‘‘(A) IN GENERAL.—The Under Secretary 

14 shall ensure that the Computer-Assisted Pas15 senger Prescreening System, or any successor 

16 system—

17 ‘‘(i) is used to evaluate all passengers 

18 before they board an aircraft; and 

19 ‘‘(ii) includes procedures to ensure 

20 that individuals selected by the system and 

21 their carry-on and checked baggage are 

22 adequately screened. 

23 ‘‘(B) MODIFICATIONS.—The Under Sec24 retary may modify any requirement under the 

25 Computer-Assisted Passenger Prescreening Sys-
51

•HR 2144 IH 

1 tem for flights that originate and terminate 

2 within the same State if the Under Secretary 

3 determines that—

4 ‘‘(i) the State has extraordinary air 

5 transportation needs or concerns due to its 

6 isolation and dependence on air transpor7 tation; and 

8 ‘‘(ii) the routine characteristics of 

9 passengers, given the nature of the market, 

10 regularly triggers primary selectee status. 

11 ‘‘(k) LIMITATION ON LIABILITY FOR ACTS TO

12 THWART CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.—

13 An individual shall not be liable for damages in any action 

14 brought in a Federal or State court arising out of the acts 

15 of the individual in attempting to thwart an act of criminal 

16 violence or piracy on an aircraft if that individual reason17 ably believed that such an act of criminal violence or pi18 racy was occurring or was about to occur. 

19 ‘‘§ 1504. Domestic air transportation system security 

20 ‘‘(a) ASSESSING THREATS.—The Under Secretary 

21 for Border and Transportation Security and the Director 

22 of the Federal Bureau of Investigation jointly shall assess 

23 current and potential threats to the domestic air transpor24 tation system. The assessment shall include consideration 

25 of the extent to which there are individuals with the capa-
52

•HR 2144 IH 

1 bility and intent to carry out terrorist or related unlawful 

2 acts against that system and the ways in which those indi3 viduals might carry out those acts. The Under Secretary 

4 and the Director jointly shall decide on and carry out the 

5 most effective method for continuous analysis and moni6 toring of security threats to that system. 

7 ‘‘(b) ASSESSING SECURITY.—In coordination with 

8 the Director, the Under Secretary shall carry out periodic 

9 threat and vulnerability assessments on security at each 

10 airport that is part of the domestic air transportation sys11 tem. Each assessment shall include consideration of—

12 ‘‘(1) the adequacy of security procedures re13 lated to the handling and transportation of checked 

14 baggage and cargo; 

15 ‘‘(2) space requirements for security personnel 

16 and equipment; 

17 ‘‘(3) separation of screened and unscreened 

18 passengers, baggage, and cargo; 

19 ‘‘(4) separation of the controlled and uncon20 trolled areas of airport facilities; and 

21 ‘‘(5) coordination of the activities of security 

22 personnel of the Transportation Security Adminis23 tration, the United States Customs Service, the Im24 migration and Naturalization Service, and air car25 riers, and of other law enforcement personnel. 
53

•HR 2144 IH 

1 ‘‘(c) IMPROVING SECURITY.—The Under Secretary 

2 shall take necessary actions to improve domestic air trans3 portation security by correcting any deficiencies in that 

4 security discovered in the assessments, analyses, and mon5 itoring carried out under this section. 

6 ‘‘§ 1505. Information about threats to civil aviation 

7 ‘‘(a) PROVIDING INFORMATION.—Under guidelines 

8 the Under Secretary for Border and Transportation Secu9 rity prescribes, an air carrier, airport operator, ticket 

10 agent, or individual employed by an air carrier, airport 

11 operator, or ticket agent, receiving information (except a 

12 communication directed by the United States Govern13 ment) about a threat to civil aviation shall provide the in14 formation promptly to the Under Secretary. 

15 ‘‘(b) FLIGHT CANCELLATION.—If a decision is made 

16 that a particular threat cannot be addressed in a way ade17 quate to ensure, to the extent feasible, the safety of pas18 sengers and crew of a particular flight or series of flights, 

19 the Under Secretary shall cancel the flight or series of 

20 flights. 

21 ‘‘(c) GUIDELINES ON PUBLIC NOTICE.—

22 ‘‘(1) DEVELOPMENT.—The President shall de23 velop guidelines for ensuring that public notice is 

24 provided in appropriate cases about threats to civil 

25 aviation. 
54

•HR 2144 IH 

1 ‘‘(2) IDENTIFICATION OF RESPONSIBLE OFFI2 CIALS.— The guidelines shall identify officials re3 sponsible for—

4 ‘‘(A) deciding, on a case-by-case basis, if 

5 public notice of a threat is in the best interest 

6 of the United States and the traveling public; 

7 ‘‘(B) ensuring that public notice is pro8 vided in a timely and effective way, including 

9 the use of a toll-free telephone number; and 

10 ‘‘(C) canceling the departure of a flight or 

11 series of flights under subsection (b). 

12 ‘‘(3) FACTORS TO CONSIDER.—The guidelines 

13 shall provide for consideration of—

14 ‘‘(A) the specificity of the threat; 

15 ‘‘(B) the credibility of intelligence informa16 tion related to the threat; 

17 ‘‘(C) the ability to counter the threat effec18 tively; 

19 ‘‘(D) the protection of intelligence informa20 tion sources and methods; 

21 ‘‘(E) cancellation, by an air carrier or the 

22 Under Secretary, of a flight or series of flights 

23 instead of public notice; 
55

•HR 2144 IH 

1 ‘‘(F) the ability of passengers and crew to 

2 take steps to reduce the risk to their safety 

3 after receiving public notice of a threat; and 

4 ‘‘(G) other factors the Under Secretary 

5 considers appropriate. 

6 ‘‘(d) GUIDELINES ON NOTICE TO CREWS.—The 

7 Under Secretary shall develop guidelines for ensuring that 

8 notice in appropriate cases of threats to the security of 

9 an air carrier flight is provided to the flight crew and 

10 cabin crew of that flight. 

11 ‘‘(e) LIMITATION ON NOTICE TO SELECTIVE TRAV12 ELERS.—Notice of a threat to civil aviation may be pro13 vided to selective potential travelers only if the threat ap14 plies only to those travelers. 

15 ‘‘(f) RESTRICTING ACCESS TO INFORMATION.—In co16 operation with the departments, agencies, and instrumen17 talities of the Government that collect, receive, and ana18 lyze intelligence information related to aviation security, 

19 the Under Secretary shall develop procedures to minimize 

20 the number of individuals who have access to information 

21 about threats. However, a restriction on access to that in22 formation may be imposed only if the restriction does not 

23 diminish the ability of the Government to carry out its 

24 duties and powers related to aviation security effectively, 
56

•HR 2144 IH 

1 including providing notice to the public and flight and 

2 cabin crews under this section. 

3 ‘‘(g) DISTRIBUTION OF GUIDELINES.—The guide4 lines developed under this section shall be distributed for 

5 use by appropriate officials of the Department of Home6 land Security, the Department of Transportation, the De7 partment of State, the Department of Justice, and air car8 riers. 

9 ‘‘§ 1506. Foreign air carrier security programs 

10 ‘‘(a) ADOPTION AND USE.—The Under Secretary for 

11 Border and Transportation Security shall continue in ef12 fect the requirement of section 129.25 of title 14, Code 

13 of Federal Regulations (or any successor regulation), that 

14 a foreign air carrier must adopt and use a security pro15 gram approved by the Under Secretary. 

16 ‘‘(b) APPROVAL.—The Under Secretary shall not ap17 prove a security program of a foreign air carrier under 

18 section 129.25 of title 14, Code of Federal Regulations, 

19 or any successor regulation, unless the security program 

20 requires the foreign air carrier in its operations to and 

21 from airports in the United States to adhere to the iden22 tical security measures that the Under Secretary requires 

23 air carriers serving the same airports to adhere to. 

24 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.—

25 Subsection (b) shall not be interpreted to limit the ability 
57

•HR 2144 IH 

1 of the Under Secretary to impose additional security 

2 measures on a foreign air carrier or an air carrier when 

3 the Under Secretary determines that a specific threat war4 rants such additional measures. 

5 ‘‘(d) REGULATIONS.—The Under Secretary shall pre6 scribe regulations to carry out this section. 

7 ‘‘§ 1507. Security standards at foreign airports 

8 ‘‘(a) ASSESSMENT.—

9 ‘‘(1) IN GENERAL.—At intervals the Secretary 

10 of Homeland Security considers necessary, the Sec11 retary shall assess the effectiveness of the security 

12 measures maintained at—

13 ‘‘(A) a foreign airport—

14 ‘‘(i) served by an air carrier; 

15 ‘‘(ii) from which a foreign air carrier 

16 serves the United States; or 

17 ‘‘(iii) that poses a high risk of intro18 ducing danger to international air travel; 

19 and 

20 ‘‘(B) other foreign airports the Secretary 

21 considers appropriate. 

22 ‘‘(2) SPECIAL RULES.—The Secretary shall con23 duct an assessment under paragraph (1)—

24 ‘‘(A) in consultation with appropriate aero25 nautic authorities of the government of a for-
58

•HR 2144 IH 

1 eign country concerned and each air carrier 

2 serving the foreign airport for which the Sec3 retary is conducting the assessment; 

4 ‘‘(B) to establish the extent to which a for5 eign airport effectively maintains and carries 

6 out security measures; and 

7 ‘‘(C) by using a standard that will result 

8 in an analysis of the security measures at the 

9 airport based at least on the standards and ap10 propriate recommended practices contained in 

11 Annex 17 to the Convention on International 

12 Civil Aviation in effect on the date of the as13 sessment. 

14 ‘‘(3) INCLUSION IN BIENNIAL SECURITY RE15 PORTS.—Each report to Congress required under 

16 section 1538(b) shall contain a summary of the as17 sessments conducted under this subsection. 

18 ‘‘(b) CONSULTATION.—In carrying out subsection 

19 (a), the Secretary of Homeland Security shall consult with 

20 the Secretary of State—

21 ‘‘(1) on the terrorist threat that exists in each 

22 country; and 

23 ‘‘(2) to establish which foreign airports are not 

24 under the de facto control of the government of the 

25 foreign country in which they are located and pose 
59

•HR 2144 IH 

1 a high risk of introducing danger to international air 

2 travel. 

3 ‘‘(c) NOTIFYING FOREIGN AUTHORITIES.—When the 

4 Secretary of Homeland Security, after conducting an as5 sessment under subsection (a), decides that an airport 

6 does not maintain and carry out effective security meas7 ures, the Secretary, after advising the Secretary of State 

8 and the Secretary of Transportation, shall notify the ap9 propriate authorities of the government of the foreign 

10 country of the decision and recommend the steps nec11 essary to bring the security measures in use at the airport 

12 up to the standard used by the Secretary of Homeland 

13 Security in making the assessment. 

14 ‘‘(d) ACTIONS WHEN AIRPORTS NOT MAINTAINING

15 AND CARRYING OUT EFFECTIVE SECURITY MEASURES.—

16 ‘‘(1) IN GENERAL.—When the Secretary of 

17 Homeland Security decides under this section that 

18 an airport does not maintain and carry out effective 

19 security measures—

20 ‘‘(A) the Secretary shall—

21 ‘‘(i) publish the identity of the airport 

22 in the Federal Register; 

23 ‘‘(ii) have the identity of the airport 

24 posted and displayed prominently at all 

25 United States airports at which scheduled 
60

•HR 2144 IH 

1 air carrier operations are provided regu2 larly; and 

3 ‘‘(iii) notify the news media of the 

4 identity of the airport; 

5 ‘‘(B) each air carrier and foreign air car6 rier providing transportation between the 

7 United States and the airport shall provide 

8 written notice of the decision, on or with the 

9 ticket, to each passenger buying a ticket for 

10 transportation between the United States and 

11 the airport; 

12 ‘‘(C) the Secretary shall notify the Sec13 retary of Transportation and, notwithstanding 

14 section 40105(b), the Secretary of Transpor15 tation, after consulting with the appropriate 

16 aeronautic authorities of the foreign country 

17 concerned and each air carrier serving the air18 port and with the approval of the Secretary of 

19 State, may withhold, revoke, or prescribe condi20 tions on the operating authority of an air car21 rier or foreign air carrier that uses that airport 

22 to provide foreign air transportation; and 

23 ‘‘(D) the President may prohibit an air 

24 carrier or foreign air carrier from providing 

25 transportation between the United States and 
61

•HR 2144 IH 

1 any other foreign airport that is served by air2 craft flying to or from the airport with respect 

3 to which a decision is made under this section. 

4 ‘‘(2) SPECIAL RULES.—

5 ‘‘(A) EFFECTIVE DATE.—Paragraph (1) 

6 becomes effective—

7 ‘‘(i) 90 days after the government of 

8 a foreign country is notified under sub9 section (c) if the Secretary of Homeland 

10 Security finds that the government has not 

11 brought the security measures at the air12 port up to the standard the Secretary used 

13 in making an assessment under subsection 

14 (a); or 

15 ‘‘(ii) immediately on the decision of 

16 the Secretary under subsection (c) if the 

17 Secretary decides, after consulting with the 

18 Secretary of State and the Secretary of 

19 Transportation, that a condition exists 

20 that threatens the security of passengers, 

21 aircraft, or crew traveling to or from the 

22 airport. 

23 ‘‘(B) TRAVEL ADVISORY.—The Secretary 

24 of Homeland Security immediately shall notify 

25 the Secretary of State of a decision referred to 
62

•HR 2144 IH 

1 in subparagraph (A)(ii) so that the Secretary of 

2 State may issue a travel advisory required 

3 under section 1508(a). 

4 ‘‘(3) REPORT TO CONGRESS ON ACTION

5 TAKEN.—The Secretary of Homeland Security 

6 promptly shall submit to Congress a report (and 

7 classified annex if necessary) on action taken under 

8 paragraph (1) or (2), including information on at9 tempts made to obtain the cooperation of the gov10 ernment of a foreign country in meeting the stand11 ard the Secretary used in assessing the airport 

12 under subsection (a). 

13 ‘‘(4) ACTION NO LONGER REQUIRED.—An ac14 tion required under paragraph (1)(A) and (B) is no 

15 longer required only if the Secretary of Homeland 

16 Security, in consultation with the Secretary of State 

17 and the Secretary of Transportation, decides that ef18 fective security measures are maintained and carried 

19 out at the airport. The Secretary of Homeland Secu20 rity shall notify Congress when the action is no 

21 longer required to be taken. 

22 ‘‘(e) SUSPENSIONS.—Notwithstanding sections 

23 40105(b) and 40106(b), the Secretary of Transportation, 

24 with the approval of the Secretary of State and without 

25 notice or a hearing, shall suspend the right of an air car-
63

•HR 2144 IH 

1 rier or foreign air carrier to provide foreign air transpor2 tation, and the right of a person to operate aircraft in 

3 foreign air commerce, to or from a foreign airport when—

4 ‘‘(1) the Secretary of Homeland Security noti5 fies the Secretary of Transportation that a condition 

6 exists that threatens the security of passengers, air7 craft, or crew traveling to or from that airport; and 

8 ‘‘(2) the Secretary of Transportation deter9 mines that the public interest requires an immediate 

10 suspension of transportation between the United 

11 States and that airport. 

12 ‘‘(f) CONDITION OF CARRIER AUTHORITY.—This sec13 tion is a condition to authority the Secretary of Transpor14 tation grants under part A of subtitle VII to an air carrier 

15 or foreign air carrier. 

16 ‘‘§ 1508. Travel advisory and suspension of foreign 

17 assistance 

18 ‘‘(a) TRAVEL ADVISORIES.—On being notified by the 

19 Secretary of Homeland Security that the Secretary has de20 cided under section 1507 that a foreign airport does not 

21 maintain and carry out effective security measures, the 

22 Secretary of State—

23 ‘‘(1) immediately shall issue a travel advisory 

24 for that airport; and 

25 ‘‘(2) shall publicize the advisory widely. 
64

•HR 2144 IH 

1 ‘‘(b) SUSPENDING ASSISTANCE.—

2 ‘‘(1) IN GENERAL.—The President shall sus3 pend assistance provided under the Foreign Assist4 ance Act of 1961 (22 U.S.C. 2151 et seq.) or the 

5 Arms Export Control Act (22 U.S.C. 2751 et seq.) 

6 to a country in which is located an airport with re7 spect to which section 1507(d)(1) becomes effective 

8 if the Secretary of State decides the country is a 

9 high terrorist threat country. 

10 ‘‘(2) WAIVER.—The President may waive this 

11 subsection if the President decides, and reports to 

12 Congress, that the waiver is required because of na13 tional security interests or a humanitarian emer14 gency. 

15 ‘‘(c) ACTIONS NO LONGER REQUIRED.—An action 

16 required under this section is no longer required only if 

17 the Secretary of Homeland Security has made a decision 

18 as provided under section 1507(d)(4). The Secretary shall 

19 notify Congress when the action is no longer required to 

20 be taken. 

21 ‘‘§ 1509. Passenger manifests 

22 ‘‘(a) IN GENERAL.—Each air carrier and foreign air 

23 carrier operating a passenger flight in foreign air trans24 portation to the United States shall provide to the Com25 missioner of Customs by electronic transmission a pas-
65

•HR 2144 IH 

1 senger and crew manifest containing the information spec2 ified in subsection (b). Carriers may use the advanced pas3 senger information system established under section 431 

4 of the Tariff Act of 1930 (19 U.S.C. 1431) to provide 

5 the information required by the preceding sentence. 

6 ‘‘(b) INFORMATION.—A passenger and crew manifest 

7 for a flight required under subsection (a) shall contain the 

8 following information: 

9 ‘‘(1) The full name of each passenger and crew 

10 member. 

11 ‘‘(2) The date of birth and citizenship of each 

12 passenger and crew member. 

13 ‘‘(3) The sex of each passenger and crew mem14 ber. 

15 ‘‘(4) The passport number and country of 

16 issuance of each passenger and crew member if re17 quired for travel. 

18 ‘‘(5) The United States visa number or resident 

19 alien card number of each passenger and crew mem20 ber, as applicable. 

21 ‘‘(6) Such other information as the Under Sec22 retary for Border and Transportation Security, in 

23 consultation with the Commissioner of Customs, de24 termines is reasonably necessary to ensure aviation 

25 security. 
66

•HR 2144 IH 

1 ‘‘(c) PASSENGER NAME RECORDS.—The carriers 

2 shall make passenger name record information available 

3 to the Customs Service upon request. 

4 ‘‘(d) TRANSMISSION OF MANIFEST.—Subject to sub5 section (e), a passenger and crew manifest required for 

6 a flight under subsection (a) shall be transmitted to the 

7 Customs Service in advance of the aircraft landing in the 

8 United States in such manner, time, and form as the Cus9 toms Service prescribes. 

10 ‘‘(e) TRANSMISSION OF MANIFESTS TO OTHER FED11 ERAL AGENCIES.—Upon request, information provided to 

12 the Under Secretary or the Customs Service under this 

13 section may be shared with other Federal agencies for the 

14 purpose of protecting national security. 

15 ‘‘§ 1510. Agreements on aircraft sabotage, aircraft hi16 jacking, and airport security 

17 ‘‘The Secretary of State shall seek multilateral and 

18 bilateral agreement on strengthening enforcement meas19 ures and standards for compliance related to aircraft sabo20 tage, aircraft hijacking, and airport security. 

21 ‘‘§ 1511. Intelligence 

22 ‘‘(a) DEFINITION.—In this section, the term ‘intel23 ligence community’ means the intelligence and intel24 ligence-related activities of the following units of the 

25 United States Government: 
67

•HR 2144 IH 

1 ‘‘(1) The Department of Homeland Security. 

2 ‘‘(2) The Department of State. 

3 ‘‘(3) The Department of Defense. 

4 ‘‘(4) The Department of the Treasury. 

5 ‘‘(5) The Department of Energy. 

6 ‘‘(6) The Departments of the Army, Navy, and 

7 Air Force. 

8 ‘‘(7) The Central Intelligence Agency. 

9 ‘‘(8) The National Security Agency. 

10 ‘‘(9) The Defense Intelligence Agency. 

11 ‘‘(10) The Federal Bureau of Investigation. 

12 ‘‘(11) The Drug Enforcement Administration. 

13 ‘‘(b) POLICIES AND PROCEDURES ON REPORT AVAIL14 ABILITY.—The head of each unit in the intelligence com15 munity shall prescribe policies and procedures to ensure 

16 that intelligence reports about terrorism are made avail17 able, as appropriate, to the heads of other units in the 

18 intelligence community, the Secretary of Transportation, 

19 and the Under Secretary for Border and Transportation 

20 Security. 

21 ‘‘(c) UNIT FOR STRATEGIC PLANNING ON TER22 RORISM.—The heads of the units in the intelligence com23 munity shall place greater emphasis on strategic intel24 ligence efforts by establishing a unit for strategic planning 

25 on terrorism. 
68

•HR 2144 IH 

1 ‘‘(d) DESIGNATION OF INTELLIGENCE OFFICER.—At 

2 the request of the Under Secretary, the Director of Cen3 tral Intelligence shall designate at least one intelligence 

4 officer of the Central Intelligence Agency to serve in a sen5 ior position in the Office of the Under Secretary. 

6 ‘‘(e) WRITTEN WORKING AGREEMENTS.—The heads 

7 of units in the intelligence community and the Under Sec8 retary shall review and, as appropriate, revise written 

9 working agreements between the intelligence community 

10 and the Under Secretary. 

11 ‘‘§ 1512. Research and development 

12 ‘‘(a) PROGRAM REQUIREMENT.—

13 ‘‘(1) IN GENERAL.—The Under Secretary for 

14 Border and Transportation Security shall establish 

15 and carry out a program to accelerate and expand 

16 the research, development, and implementation of 

17 technologies and procedures to counteract terrorist 

18 acts against civil aviation. The program shall provide 

19 for developing and having in place new equipment 

20 and procedures necessary to meet the technological 

21 challenges presented by terrorism. The program 

22 shall include research on, and development of, tech23 nological improvements and ways to enhance human 

24 performance. 
69

•HR 2144 IH 

1 ‘‘(2) SPECIAL RULES.—In designing and car2 rying out the program established under this sub3 section, the Under Secretary shall—

4 ‘‘(A) consult and coordinate activities with 

5 other departments, agencies, and instrumental6 ities of the United States Government doing 

7 similar research; 

8 ‘‘(B) identify departments, agencies, and 

9 instrumentalities that would benefit from that 

10 research; and 

11 ‘‘(C) seek cost-sharing agreements with 

12 those departments, agencies, and instrumental13 ities. 

14 ‘‘(3) CONSIDERATION OF CERTAIN ANNUAL RE15 PORTS.—In carrying out the program established 

16 under this subsection, the Under Secretary shall re17 view and consider the annual reports submitted to 

18 Congress on transportation security and intelligence. 

19 ‘‘(4) RESPONSIBLE INDIVIDUAL.—

20 ‘‘(A) DESIGNATION.—In carrying out the 

21 program established under this subsection, the 

22 Under Secretary shall designate an individual 

23 to be responsible for engineering, research, and 

24 development with respect to security technology 

25 under the program. 
70

•HR 2144 IH 

1 ‘‘(B) USE OF MODELS.—The individual 

2 designated under subparagraph (A) shall use 

3 appropriate systems engineering and risk man4 agement models in making decisions regarding 

5 the allocation of funds for engineering, re6 search, and development with respect to secu7 rity technology under the program. 

8 ‘‘(C) ANNUAL REPORT.—The individual 

9 designated under subparagraph (A) shall sub10 mit, on an annual basis, to the Under Secretary 

11 a report on activities under this paragraph dur12 ing the preceding year. Each report shall in13 clude, for the year covered by such report, in14 formation on—

15 ‘‘(i) progress made in engineering, re16 search, and development with respect to 

17 security technology; 

18 ‘‘(ii) the allocation of funds for engi19 neering, research, and development with 

20 respect to security technology; and 

21 ‘‘(iii) engineering, research, and devel22 opment with respect to any technologies 

23 drawn from other agencies, including the 

24 rationale for engineering, research, and de-
71

•HR 2144 IH 

1 velopment with respect to such tech2 nologies. 

3 ‘‘(5) AUTHORITY FOR GRANTS AND COOPERA4 TION AGREEMENTS.—The Under Secretary may—

5 ‘‘(A) make grants to institutions of higher 

6 learning and other appropriate research facili7 ties with demonstrated ability to carry out re8 search described in paragraph (1) and fix the 

9 amounts and terms of the grants; and 

10 ‘‘(B) make cooperative agreements with 

11 governmental authorities the Under Secretary 

12 decides are appropriate. 

13 ‘‘(b) REVIEW OF THREATS.—

14 ‘‘(1) IN GENERAL.—The Under Secretary shall 

15 periodically review threats to civil aviation, with par16 ticular focus on—

17 ‘‘(A) a comprehensive systems analysis 

18 (employing vulnerability analysis, threat at19 tribute definition, and technology roadmaps) of 

20 the civil aviation system, including—

21 ‘‘(i) the destruction, commandeering, 

22 or diversion of civil aircraft or the use of 

23 civil aircraft as a weapon; and 

24 ‘‘(ii) the disruption of civil aviation 

25 service, including by cyber attack; 
72

•HR 2144 IH 

1 ‘‘(B) explosive material that presents the 

2 most significant threat to civil aircraft; 

3 ‘‘(C) the minimum amounts, configura4 tions, and types of explosive material that can 

5 cause, or would reasonably be expected to 

6 cause, catastrophic damage to aircraft in air 

7 transportation; 

8 ‘‘(D) the amounts, configurations, and 

9 types of explosive material that can be detected 

10 reliably by existing, or reasonably anticipated, 

11 near-term explosive detection technologies; 

12 ‘‘(E) the potential release of chemical, bio13 logical, or similar weapons or devices either 

14 within an aircraft or within an airport; 

15 ‘‘(F) the feasibility of using various ways 

16 to minimize damage caused by explosive mate17 rial that cannot be detected reliably by existing, 

18 or reasonably anticipated, near-term explosive 

19 detection technologies; 

20 ‘‘(G) the ability to screen passengers, 

21 carry-on baggage, checked baggage, and cargo; 

22 and 

23 ‘‘(H) the technologies that might be used 

24 in the future to attempt to destroy or otherwise 

25 threaten commercial aircraft and the way in 
73

•HR 2144 IH 

1 which those technologies can be countered effec2 tively. 

3 ‘‘(2) USE OF RESULTS.—The Under Secretary 

4 shall use the results of the review under this sub5 section to develop the focus and priorities of the pro6 gram established under subsection (a). 

7 ‘‘(c) SCIENTIFIC ADVISORY PANEL.—

8 ‘‘(1) ESTABLISHMENT.—The Under Secretary 

9 shall establish a scientific advisory panel to review, 

10 comment on, advise the progress of, and recommend 

11 modifications in, the program established under sub12 section (a), including the need for long-range re13 search programs to detect and prevent catastrophic 

14 damage to commercial aircraft, commercial aviation 

15 facilities, commercial aviation personnel and pas16 sengers, and other components of the commercial 

17 aviation system by the next generation of terrorist 

18 weapons. 

19 ‘‘(2) MEMBERS.—

20 ‘‘(A) SCIENTIFIC AND TECHNICAL EXPER21 TISE.—The advisory panel shall consist of indi22 viduals who have scientific and technical exper23 tise in—

24 ‘‘(i) the development and testing of ef25 fective explosive detection systems; 
74

•HR 2144 IH 

1 ‘‘(ii) aircraft structure and experimen2 tation to decide on the type and minimum 

3 weights of explosives that an effective ex4 plosive detection technology must be capa5 ble of detecting; 

6 ‘‘(iii) technologies involved in mini7 mizing airframe damage to aircraft from 

8 explosives; and 

9 ‘‘(iv) other scientific and technical 

10 areas the Under Secretary considers appro11 priate. 

12 ‘‘(B) CONSIDERATION OF CERTAIN INDI13 VIDUALS.—In appointing individuals to the ad14 visory panel, the Under Secretary should con15 sider individuals from academia and the na16 tional laboratories, as appropriate. 

17 ‘‘(3) ORGANIZATION INTO TEAMS.—The Under 

18 Secretary shall organize the advisory panel into 

19 teams capable of undertaking the review of policies 

20 and technologies upon request. 

21 ‘‘(4) REVIEW OF MEMBERS.—Every two years, 

22 the Under Secretary shall review the composition of 

23 the advisory panel in order to ensure that the exper24 tise of the individuals on the panel is suited to the 

25 current and anticipated duties of the panel. 
75

•HR 2144 IH 

1 ‘‘(d) MAN-PORTABLE AIR DEFENSE SYSTEMS.—The 

2 Under Secretary shall establish and carry out a program 

3 to protect commercial aircraft from the threat posed by 

4 man-portable air defense systems in order to reduce the 

5 cost of technology to provide such protection and adapt 

6 military countermeasure systems to commercial aircraft. 

7 ‘‘§ 1513. Explosive detection 

8 ‘‘(a) DEPLOYMENT AND PURCHASE OF EQUIP9 MENT.—

10 ‘‘(1) CERTIFICATION.—A deployment or pur11 chase of explosive detection equipment under section 

12 108.7(b)(8) or 108.20 of title 14, Code of Federal 

13 Regulations, or similar regulation is required only if 

14 the Under Secretary for Border and Transportation 

15 Security certifies that the equipment alone, or as 

16 part of an integrated system, can detect under real17 istic air carrier operating conditions the amounts, 

18 configurations, and types of explosive material that 

19 would likely be used to cause catastrophic damage to 

20 commercial aircraft. 

21 ‘‘(2) TESTS.—The Under Secretary shall base 

22 the certification under this subsection on the results 

23 of tests conducted under protocols developed in con24 sultation with expert scientists outside of the Trans25 portation Security Administration. 
76

•HR 2144 IH 

1 ‘‘(3) FACILITATION OF DEPLOYMENT OF COM2 MERCIALLY AVAILABLE EQUIPMENT.—The Under 

3 Secretary shall facilitate the deployment of such ap4 proved commercially available explosive detection de5 vices as the Under Secretary determines will en6 hance aviation security significantly. The Under Sec7 retary shall require that equipment deployed under 

8 this paragraph be replaced by equipment certified 

9 under paragraph (1) when equipment certified under 

10 paragraph (1) becomes commercially available. The 

11 Under Secretary is authorized, based on operational 

12 considerations at individual airports, to waive the re13 quired installation of commercially available equip14 ment under paragraph (1) in the interests of avia15 tion security. The Under Secretary may permit the 

16 requirements of this paragraph to be met at airports 

17 by the deployment of dogs or other appropriate ani18 mals to supplement equipment for screening pas19 sengers, baggage, mail, or cargo for explosives or 

20 weapons. 

21 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC22 TION.—This subsection does not prohibit the Under 

23 Secretary from purchasing or deploying explosive de24 tection equipment described in paragraph (1). 
77

•HR 2144 IH 

1 ‘‘(b) GRANTS.—The Secretary of Homeland Security 

2 or the Secretary of Transportation may provide grants to 

3 continue the Explosive Detection K–9 Team Training Pro4 gram to detect explosives at airports and on aircraft. 

5 ‘‘(c) PLASTIC WEAPONS AND EXPLOSIVES.—

6 ‘‘(1) PRIORITY.—In order to improve security, 

7 the Under Secretary shall give priority to developing, 

8 testing, improving, and deploying technology at pas9 senger screening checkpoints that will detect non10 metallic weapons and explosives on the body or in 

11 the clothing of passengers or in their carry-on lug12 gage. 

13 ‘‘(2) STANDARDS.—The Under Secretary shall 

14 develop standards for the certification of equipment 

15 employing technology described in paragraph (1) at 

16 passenger screening checkpoints. The standards 

17 shall ensure that the equipment alone, or as part of 

18 an integrated system, can detect under realistic op19 erating conditions the types of nonmetallic weapons 

20 and explosives that terrorists would likely try to 

21 smuggle aboard a commercial aircraft. 

22 ‘‘§ 1514. Airport construction guidelines 

23 ‘‘In consultation with the Administrator of the Fed24 eral Aviation Administration, air carriers, airport authori25 ties, and others the Under Secretary for Border and 
78

•HR 2144 IH 

1 Transportation Security considers appropriate, the Under 

2 Secretary shall develop guidelines for airport design and 

3 construction to allow for maximum security enhancement. 

4 In developing the guidelines, the Under Secretary shall 

5 consider the results of the assessment carried out under 

6 section 1504(a). 

7 ‘‘§ 1515. Exemptions 

8 ‘‘The Under Secretary for Border and Transpor9 tation Security may exempt from sections 1501, 1503(a)–

10 (c) and (e), 1506, 1535, and 1536 airports in Alaska 

11 served only by air carriers that—

12 ‘‘(1) hold certificates issued under section 

13 41102; 

14 ‘‘(2) operate aircraft with certificates for a 

15 maximum gross takeoff weight of less than 12,500 

16 pounds; and 

17 ‘‘(3) board passengers, or load property in18 tended to be carried in an aircraft cabin, that will 

19 be screened under section 1501 at another airport in 

20 Alaska before the passengers board, or the property 

21 is loaded on, an aircraft for a place outside Alaska. 

22 ‘‘§ 1516. Assessments and evaluations 

23 ‘‘(a) PERIODIC ASSESSMENTS.—The Under Sec24 retary for Border and Transportation Security shall re25 quire each air carrier and airport (including the airport 
79

•HR 2144 IH 

1 owner or operator in cooperation with the air carriers and 

2 vendors serving each airport) that provides for intrastate, 

3 interstate, or foreign air transportation to conduct peri4 odic vulnerability assessments of the security systems of 

5 that air carrier or airport, respectively. The Under Sec6 retary shall perform periodic audits of such assessments. 

7 ‘‘(b) INVESTIGATIONS.—The Under Secretary shall 

8 conduct periodic and unannounced inspections of security 

9 systems of airports and air carriers to determine the effec10 tiveness and vulnerabilities of such systems. To the extent 

11 allowable by law, the Under Secretary may provide for 

12 anonymous tests of those security systems. 

13 ‘‘§ 1517. Deployment of Federal air marshals 

14 ‘‘(a) IN GENERAL.—The Under Secretary for Border 

15 and Transportation Security under the authority provided 

16 by section 1503(d)—

17 ‘‘(1) may provide for deployment of Federal air 

18 marshals on every passenger flight of air carriers in 

19 air transportation or intrastate air transportation; 

20 ‘‘(2) shall provide for deployment of Federal air 

21 marshals on every such flight determined by the 

22 Under Secretary to present high security risks; 

23 ‘‘(3) shall provide for appropriate training, su24 pervision, and equipment of Federal air marshals; 
80

•HR 2144 IH 

1 ‘‘(4) shall require air carriers providing flights 

2 described in paragraph (1) to provide seating for a 

3 Federal air marshal on any such flight without re4 gard to the availability of seats on the flight and at 

5 no cost to the United States Government or the 

6 marshal; 

7 ‘‘(5) may require air carriers to provide, on a 

8 space-available basis, to an off-duty Federal air mar9 shal a seat on a flight to the airport nearest the 

10 marshal’s home at no cost to the marshal or the 

11 United States Government if the marshal is trav12 eling to that airport after completing his or her se13 curity duties; 

14 ‘‘(6) may enter into agreements with Federal, 

15 State, and local agencies under which appropriately16 trained law enforcement personnel from such agen17 cies, when traveling on a flight of an air carrier, will 

18 carry a firearm and be prepared to assist Federal 

19 air marshals; 

20 ‘‘(7) shall establish procedures to ensure that 

21 Federal air marshals are made aware of any armed 

22 or unarmed law enforcement personnel on board an 

23 aircraft; and 

24 ‘‘(8) may appoint—
81

•HR 2144 IH 

1 ‘‘(A) an individual who is a retired law en2 forcement officer; 

3 ‘‘(B) an individual who is a retired mem4 ber of the Armed Forces; and 

5 ‘‘(C) an individual who has been fur6 loughed from an air carrier crew position in the 

7 1-year period beginning on September 11, 

8 2001, 

9 as a Federal air marshal, regardless of age, if the 

10 individual otherwise meets the background and fit11 ness qualifications required for Federal air marshals. 

12 ‘‘(b) LONG DISTANCE FLIGHTS.—In making the de13 termination under subsection (a)(2), nonstop, long dis14 tance flights, such as those targeted on September 11, 

15 2001, should be a priority. 

16 ‘‘(c) INTERIM MEASURES.—Until the Under Sec17 retary completes implementation of subsection (a), the 

18 Under Secretary may use, after consultation with and con19 currence of the heads of other Federal agencies and de20 partments, personnel from those agencies and depart21 ments, on a nonreimbursable basis, to provide air marshal 

22 service. 

23 ‘‘§ 1518. Crew training 

24 ‘‘(a) IN GENERAL.—The Under Secretary for Border 

25 and Transportation Security, in consultation with the Ad-
82

•HR 2144 IH 

1 ministrator of the Federal Aviation Administration, appro2 priate law enforcement, security, and terrorism experts, 

3 representatives of air carriers and labor organizations rep4 resenting individuals employed in commercial aviation, 

5 shall develop detailed guidance for a scheduled passenger 

6 air carrier flight and cabin crew training program to pre7 pare crew members for potential threat conditions. 

8 ‘‘(b) PROGRAM ELEMENTS.—The guidance shall re9 quire such a program to include, at a minimum, elements 

10 that address the following: 

11 ‘‘(1) Determination of the seriousness of any 

12 occurrence. 

13 ‘‘(2) Crew communication and coordination. 

14 ‘‘(3) Appropriate responses to defend oneself. 

15 ‘‘(4) Use of protective devices assigned to crew 

16 members (to the extent such devices are required by 

17 the Administrator or Under Secretary). 

18 ‘‘(5) Psychology of terrorists to cope with hi19 jacker behavior and passenger responses. 

20 ‘‘(6) Live situational training exercises regard21 ing various threat conditions. 

22 ‘‘(7) Flight deck procedures or aircraft maneu23 vers to defend the aircraft. 

24 ‘‘(8) Any other subject matter deemed appro25 priate by the Administrator or the Under Secretary. 
83

•HR 2144 IH 

1 ‘‘(c) AIR CARRIER PROGRAMS.—

2 ‘‘(1) DEVELOPMENT AND SUBMISSION.—Each 

3 air carrier shall develop a flight and cabin crew 

4 training program in accordance with that guidance 

5 and submit it to the Under Secretary for approval. 

6 ‘‘(2) REVIEW AND APPROVAL BY UNDER SEC7 RETARY.—Within 30 days after receiving an air car8 rier’s program under this subsection, the Under Sec9 retary shall review the program and approve it or re10 quire the air carrier to make any revisions deemed 

11 necessary by the Under Secretary for the program 

12 to meet the guidance requirements. 

13 ‘‘(d) TRAINING.—Within 180 days after the Under 

14 Secretary approves the training program developed by an 

15 air carrier under this section, the air carrier shall complete 

16 the training of all flight and cabin crews in accordance 

17 with that program. 

18 ‘‘(e) UPDATES.—

19 ‘‘(1) IN GENERAL.—The Under Secretary shall 

20 update the training guidance issued under sub21 section (a) from time to time to reflect new or dif22 ferent security threats and require air carriers to re23 vise their programs accordingly and provide addi24 tional training to their flight and cabin crews. 
84

•HR 2144 IH 

1 ‘‘(2) ADDITIONAL REQUIREMENTS.—In updat2 ing the training guidance, the Under Secretary, in 

3 consultation with the Administrator of the Federal 

4 Aviation Administration, shall issue a rule for the 

5 following purposes: 

6 ‘‘(A) To require both classroom and effec7 tive hands-on situational training in the fol8 lowing elements of self defense: 

9 ‘‘(i) Recognizing suspicious activities 

10 and determining the seriousness of an oc11 currence. 

12 ‘‘(ii) Deterring a passenger who might 

13 present a problem. 

14 ‘‘(iii) Crew communication and coordi15 nation. 

16 ‘‘(iv) The proper commands to give to 

17 passengers and attackers. 

18 ‘‘(v) Methods to subdue and restrain 

19 an attacker. 

20 ‘‘(vi) Use of available items aboard 

21 the aircraft for self-defense. 

22 ‘‘(vii) Appropriate and effective re23 sponses to defend oneself, including the 

24 use of force against an attacker. 
85

•HR 2144 IH 

1 ‘‘(viii) Use of protective devices as2 signed to crew members (to the extent 

3 such devices are approved by the Adminis4 trator or Under Secretary). 

5 ‘‘(ix) The psychology of terrorists to 

6 cope with their behavior and passenger re7 sponses to that behavior. 

8 ‘‘(x) How to respond to aircraft ma9 neuvers that may be authorized to defend 

10 against an act of criminal violence or air 

11 piracy. 

12 ‘‘(B) To require training in the proper con13 duct of a cabin search, including the duty time 

14 required to conduct the search. 

15 ‘‘(C) To establish the required number of 

16 hours of training and the qualifications for the 

17 training instructors. 

18 ‘‘(D) To establish the intervals, number of 

19 hours, and elements of recurrent training. 

20 ‘‘(E) To ensure that air carriers provide 

21 the initial training required by this paragraph 

22 before November 25, 2004. 

23 ‘‘(F) To ensure that no person participates 

24 in any hands-on training activity that the per-
86

•HR 2144 IH 

1 son believes will have an adverse impact on his 

2 or her health or safety. 

3 ‘‘(3) RESPONSIBILITY OF UNDER SEC4 RETARY.—

5 ‘‘(A) CONSULTATION.—In developing the 

6 rule under paragraph (2), the Under Secretary 

7 shall consult with law enforcement personnel 

8 and security experts who have expertise in self9 defense training, terrorism experts, and rep10 resentatives of air carriers, the provider of self11 defense training for Federal air marshals, flight 

12 attendants, labor organizations representing 

13 flight attendants, and educational institutions 

14 offering law enforcement training programs. 

15 ‘‘(B) DESIGNATION OF OFFICIAL.—The 

16 Under Secretary shall designate an official in 

17 the Transportation Security Administration to 

18 be responsible for overseeing the implementa19 tion of the training program under this sub20 section. 

21 ‘‘(C) NECESSARY RESOURCES AND KNOWL22 EDGE.—The Under Secretary shall ensure that 

23 employees of the Transportation Security Ad24 ministration responsible for monitoring the 
87

•HR 2144 IH 

1 training program have the necessary resources 

2 and knowledge. 

3 ‘‘§ 1519. Security screening pilot program 

4 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Under 

5 Secretary for Border and Transportation Security shall 

6 establish a pilot program under which, upon approval of 

7 an application submitted by an operator of an airport, the 

8 screening of passengers and property at the airport under 

9 section 1501 will be carried out by the screening personnel 

10 of a qualified private screening company under a contract 

11 entered into with the Under Secretary. 

12 ‘‘(b) PERIOD OF PILOT PROGRAM.—The pilot pro13 gram under this section shall begin on November 19, 

14 2002, and end on November 19, 2004. 

15 ‘‘(c) APPLICATIONS.—An operator of an airport may 

16 submit to the Under Secretary an application to partici17 pate in the pilot program under this section. 

18 ‘‘(d) SELECTION OF AIRPORTS.—From among appli19 cations submitted under subsection (c), the Under Sec20 retary may select for participation in the pilot program 

21 not more than 1 airport from each of the 5 airport security 

22 risk categories, as defined by the Under Secretary. 

23 ‘‘(e) SUPERVISION OF SCREENED PERSONNEL.—The 

24 Under Secretary shall provide Federal Government super25 visors to oversee all screening at each airport participating 
88

•HR 2144 IH 

1 in the pilot program under this section and provide Fed2 eral Government law enforcement officers at the airport 

3 pursuant to this chapter. 

4 ‘‘(f) QUALIFIED PRIVATE SCREENING COMPANY.—A 

5 private screening company is qualified to provide screening 

6 services at an airport participating in the pilot program 

7 under this section if the company will only employ individ8 uals to provide such services who meet all the require9 ments of this chapter applicable to Federal Government 

10 personnel who perform screening services at airports 

11 under this chapter and will provide compensation and 

12 other benefits to such individuals that are not less than 

13 the level of compensation and other benefits provided to 

14 such Federal Government personnel in accordance with 

15 this chapter. 

16 ‘‘(g) STANDARDS FOR PRIVATE SCREENING COMPA17 NIES.—The Under Secretary may enter into a contract 

18 with a private screening company to provide screening at 

19 an airport participating in the pilot program under this 

20 section only if the Under Secretary determines and cer21 tifies to Congress that the private screening company is 

22 owned and controlled by a citizen of the United States, 

23 to the extent that the Under Secretary determines that 

24 there are private screening companies owned and con25 trolled by such citizens. 
89

•HR 2144 IH 

1 ‘‘(h) TERMINATION OF CONTRACTS.—The Under 

2 Secretary may terminate any contract entered into with 

3 a private screening company to provide screening services 

4 at an airport under the pilot program if the Under Sec5 retary finds that the company has failed repeatedly to 

6 comply with any standard, regulation, directive, order, 

7 law, or contract applicable to the hiring or training of per8 sonnel to provide such services or to the provision of 

9 screening at the airport. 

10 ‘‘(i) ELECTION.—If a contract is in effect with re11 spect to screening at an airport under the pilot program 

12 on November 19, 2004, the operator of the airport may 

13 elect to continue to have such screening carried out by 

14 the screening personnel of a qualified private screening 

15 company under a contract entered into with the Under 

16 Secretary under section 1520 or by Federal Government 

17 personnel in accordance with this chapter. 

18 ‘‘§ 1520. Security screening opt-out program 

19 ‘‘(a) IN GENERAL.—On or after the last day of the 

20 2-year period beginning on the date on which the Under 

21 Secretary for Border and Transportation Security trans22 mits to Congress the certification required by section 

23 110(c) of the Aviation and Transportation Security Act, 

24 an operator of an airport may submit to the Under Sec25 retary an application to have the screening of passengers 
90

•HR 2144 IH 

1 and property at the airport under section 1501 carried out 

2 by the screening personnel of a qualified private screening 

3 company under a contract entered into with the Under 

4 Secretary. 

5 ‘‘(b) APPROVAL OF APPLICATIONS.—The Under Sec6 retary may approve any application submitted under sub7 section (a). 

8 ‘‘(c) QUALIFIED PRIVATE SCREENING COMPANY.—

9 A private screening company is qualified to provide screen10 ing services at an airport under this section if the company 

11 will only employ individuals to provide such services who 

12 meet all the requirements of this chapter applicable to 

13 Federal Government personnel who perform screening 

14 services at airports under this chapter and will provide 

15 compensation and other benefits to such individuals that 

16 are not less than the level of compensation and other bene17 fits provided to such Federal Government personnel in ac18 cordance with this chapter. 

19 ‘‘(d) STANDARDS FOR PRIVATE SCREENING COMPA20 NIES.—The Under Secretary may enter into a contract 

21 with a private screening company to provide screening at 

22 an airport under this section only if the Under Secretary 

23 determines and certifies to Congress that—

24 ‘‘(1) the level of screening services and protec25 tion provided at the airport under the contract will 
91

•HR 2144 IH 

1 be equal to or greater than the level that would be 

2 provided at the airport by Federal Government per3 sonnel under this chapter; and 

4 ‘‘(2) the private screening company is owned 

5 and controlled by a citizen of the United States, to 

6 the extent that the Under Secretary determines that 

7 there are private screening companies owned and 

8 controlled by such citizens. 

9 ‘‘(e) SUPERVISION OF SCREENED PERSONNEL.—The 

10 Under Secretary shall provide Federal Government super11 visors to oversee all screening at each airport at which 

12 screening services are provided under this section and pro13 vide Federal law enforcement officers at the airport pursu14 ant to this chapter. 

15 ‘‘(f) TERMINATION OF CONTRACTS.—The Under Sec16 retary may terminate any contract entered into with a pri17 vate screening company to provide screening services at 

18 an airport under this section if the Under Secretary finds 

19 that the company has failed repeatedly to comply with any 

20 standard, regulation, directive, order, law, or contract ap21 plicable to the hiring or training of personnel to provide 

22 such services or to the provision of screening at the air23 port. 
92

•HR 2144 IH 

1 ‘‘§ 1521. Federal flight deck officer program 

2 ‘‘(a) ESTABLISHMENT.—The Under Secretary for 

3 Border and Transportation Security shall establish a pro4 gram to deputize volunteer pilots of air carriers providing 

5 air transportation or intrastate air transportation as Fed6 eral law enforcement officers to defend the flight decks 

7 of aircraft of such air carriers against acts of criminal vio8 lence or air piracy. Such officers shall be known as ‘Fed9 eral flight deck officers’. 

10 ‘‘(b) PROCEDURAL REQUIREMENTS.—

11 ‘‘(1) IN GENERAL.—Not later than February 

12 25, 2003, the Under Secretary shall establish proce13 dural requirements to carry out the program under 

14 this section. 

15 ‘‘(2) COMMENCEMENT OF PROGRAM.—Begin16 ning February 25, 2003, the Under Secretary shall 

17 begin the process of training and deputizing pilots 

18 who are qualified to be Federal flight deck officers 

19 as Federal flight deck officers under the program. 

20 ‘‘(3) ISSUES TO BE ADDRESSED.—The proce21 dural requirements established under paragraph (1) 

22 shall address the following issues: 

23 ‘‘(A) The type of firearm to be used by a 

24 Federal flight deck officer. 

25 ‘‘(B) The type of ammunition to be used 

26 by a Federal flight deck officer. 
93

•HR 2144 IH 

1 ‘‘(C) The standards and training needed to 

2 qualify and requalify as a Federal flight deck 

3 officer. 

4 ‘‘(D) The placement of the firearm of a 

5 Federal flight deck officer on board the aircraft 

6 to ensure both its security and its ease of re7 trieval in an emergency. 

8 ‘‘(E) An analysis of the risk of cata9 strophic failure of an aircraft as a result of the 

10 discharge (including an accidental discharge) of 

11 a firearm to be used in the program into the 

12 avionics, electrical systems, or other sensitive 

13 areas of the aircraft. 

14 ‘‘(F) The division of responsibility between 

15 pilots in the event of an act of criminal violence 

16 or air piracy if only 1 pilot is a Federal flight 

17 deck officer and if both pilots are Federal flight 

18 deck officers. 

19 ‘‘(G) Procedures for ensuring that the fire20 arm of a Federal flight deck officer does not 

21 leave the cockpit if there is a disturbance in the 

22 passenger cabin of the aircraft or if the pilot 

23 leaves the cockpit for personal reasons. 
94

•HR 2144 IH 

1 ‘‘(H) Interaction between a Federal flight 

2 deck officer and a Federal air marshal on board 

3 the aircraft. 

4 ‘‘(I) The process for selection of pilots to 

5 participate in the program based on their fit6 ness to participate in the program, including 

7 whether an additional background check should 

8 be required beyond that required by section 

9 1536(a)(1). 

10 ‘‘(J) Storage and transportation of fire11 arms between flights, including international 

12 flights, to ensure the security of the firearms, 

13 focusing particularly on whether such security 

14 would be enhanced by requiring storage of the 

15 firearm at the airport when the pilot leaves the 

16 airport to remain overnight away from the pi17 lot’s base airport. 

18 ‘‘(K) Methods for ensuring that security 

19 personnel will be able to identify whether a pilot 

20 is authorized to carry a firearm under the pro21 gram. 

22 ‘‘(L) Methods for ensuring that pilots (in23 cluding Federal flight deck officers) will be able 

24 to identify whether a passenger is a law en-
95

•HR 2144 IH 

1 forcement officer who is authorized to carry a 

2 firearm aboard the aircraft. 

3 ‘‘(M) Any other issues that the Under Sec4 retary considers necessary. 

5 ‘‘(4) PREFERENCE.—In selecting pilots to par6 ticipate in the program, the Under Secretary shall 

7 give preference to pilots who are former military or 

8 law enforcement personnel. 

9 ‘‘(5) CLASSIFIED INFORMATION.—Notwith10 standing section 552 of title 5 but subject to section 

11 40119, information developed under paragraph 

12 (3)(E) shall not be disclosed. 

13 ‘‘(6) NOTICE TO CONGRESS.—The Under Sec14 retary shall provide notice to the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives and the Committee on Commerce, 

17 Science, and Transportation of the Senate after 

18 completing the analysis required by paragraph 

19 (3)(E). 

20 ‘‘(7) MINIMIZATION OF RISK.—If the Under 

21 Secretary determines as a result of the analysis 

22 under paragraph (3)(E) that there is a significant 

23 risk of the catastrophic failure of an aircraft as a re24 sult of the discharge of a firearm, the Under Sec-
96

•HR 2144 IH 

1 retary shall take such actions as may be necessary 

2 to minimize that risk. 

3 ‘‘(8) LIMITATION ON REVIEW OF DECISIONS.—

4 The Under Secretary’s decisions regarding the meth5 ods for implementing each of the procedural require6 ments set forth in paragraph (3) shall be subject to 

7 review only for abuse of discretion. 

8 ‘‘(c) TRAINING, SUPERVISION, AND EQUIPMENT.—

9 ‘‘(1) IN GENERAL.—The Under Secretary shall 

10 provide the training, supervision, and equipment 

11 necessary for a pilot to be a Federal flight deck offi12 cer under this section at no expense to the pilot or 

13 the air carrier employing the pilot; except that if the 

14 pilot receives training at a non-Federal facility ap15 proved by the Under Secretary under paragraph 

16 (2)(C)(ii), the pilot may be charged a fee by that fa17 cility. 

18 ‘‘(2) TRAINING.—

19 ‘‘(A) IN GENERAL.—The Under Secretary 

20 shall base the requirements for the training of 

21 Federal flight deck officers under subsection (b) 

22 on the training standards applicable to Federal 

23 air marshals; except that the Under Secretary 

24 shall take into account the differing roles and 
97

•HR 2144 IH 

1 responsibilities of Federal flight deck officers 

2 and Federal air marshals. 

3 ‘‘(B) ELEMENTS.—The training of a Fed4 eral flight deck officer shall include, at a min5 imum, the following elements: 

6 ‘‘(i) Training to ensure that the offi7 cer achieves the level of proficiency with a 

8 firearm required under subparagraph 

9 (C)(i). 

10 ‘‘(ii) Training to ensure that the offi11 cer maintains exclusive control over the of12 ficer’s firearm at all times, including train13 ing in defensive maneuvers. 

14 ‘‘(iii) Training to assist the officer in 

15 determining when it is appropriate to use 

16 the officer’s firearm and when it is appro17 priate to use less than lethal force. 

18 ‘‘(C) TRAINING IN USE OF FIREARMS.—

19 ‘‘(i) STANDARD.—In order to be depu20 tized as a Federal flight deck officer, a 

21 pilot must achieve a level of proficiency 

22 with a firearm that is required by the 

23 Under Secretary. Such level shall be com24 parable to the level of proficiency required 

25 of Federal air marshals. 
98

•HR 2144 IH 

1 ‘‘(ii) CONDUCT OF TRAINING.—The 

2 training of a Federal flight deck officer in 

3 the use of a firearm may be conducted by 

4 the Under Secretary or by a firearms 

5 training facility approved by the Under 

6 Secretary. 

7 ‘‘(iii) REQUALIFICATION.—The Under 

8 Secretary shall require a Federal flight 

9 deck officer to requalify to carry a firearm 

10 under the program. Such requalification 

11 shall occur at an interval required by the 

12 Under Secretary and may take place at ei13 ther a Federal or non-Federal facility. 

14 ‘‘(d) DEPUTATION.—

15 ‘‘(1) IN GENERAL.—The Under Secretary may 

16 deputize, as a Federal flight deck officer under this 

17 section, a pilot who submits to the Under Secretary 

18 a request to be such an officer and whom the Under 

19 Secretary determines is qualified to be such an offi20 cer. 

21 ‘‘(2) QUALIFICATION.—A pilot is qualified to be 

22 a Federal flight deck officer under this section if—

23 ‘‘(A) the pilot is employed by an air car24 rier; 
99

•HR 2144 IH 

1 ‘‘(B) the Under Secretary determines (in 

2 the Under Secretary’s discretion) that the pilot 

3 meets the standards established by the Under 

4 Secretary for being such an officer; and 

5 ‘‘(C) the Under Secretary determines that 

6 the pilot has completed the training required by 

7 the Under Secretary. 

8 ‘‘(3) DEPUTATION BY OTHER FEDERAL AGEN9 CIES.—The Under Secretary may request another 

10 Federal agency to deputize, as Federal flight deck 

11 officers under this section, those pilots that the 

12 Under Secretary determines are qualified to be such 

13 officers. 

14 ‘‘(4) REVOCATION.—The Under Secretary may 

15 revoke (in the Under Secretary’s discretion) the 

16 deputation of a pilot as a Federal flight deck officer 

17 if the Under Secretary finds that the pilot is no 

18 longer qualified to be such an officer. 

19 ‘‘(e) COMPENSATION.—Pilots participating in the 

20 program under this section shall not be eligible for com21 pensation from the Federal Government for services pro22 vided as a Federal flight deck officer. The Federal Govern23 ment and air carriers shall not be obligated to compensate 

24 a pilot for participating in the program or for the pilot’s 
100

•HR 2144 IH 

1 training or qualification and requalification to carry fire2 arms under the program. 

3 ‘‘(f) AUTHORITY TO CARRY FIREARMS.—

4 ‘‘(1) IN GENERAL.—The Under Secretary shall 

5 authorize a Federal flight deck officer to carry a 

6 firearm while engaged in providing air transpor7 tation or intrastate air transportation. Notwith8 standing subsection (c)(1), the officer may purchase 

9 a firearm and carry that firearm aboard an aircraft 

10 of which the officer is the pilot in accordance with 

11 this section if the firearm is of a type that may be 

12 used under the program. 

13 ‘‘(2) PREEMPTION.—Notwithstanding any other 

14 provision of Federal or State law, a Federal flight 

15 deck officer, whenever necessary to participate in the 

16 program, may carry a firearm in any State and from 

17 1 State to another State. 

18 ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED

19 STATES.—In consultation with the Secretary of 

20 State, the Under Secretary may take such action as 

21 may be necessary to ensure that a Federal flight 

22 deck officer may carry a firearm in a foreign country 

23 whenever necessary to participate in the program. 

24 ‘‘(4) TRANSPORTATION OF FIREARMS IN LOCK

25 BOXES.—Notwithstanding any other provision of 
101

•HR 2144 IH 

1 this section, the Under Secretary may allow a Fed2 eral flight deck officer to carry a firearm that is se3 cured in a lockbox into the cabin of an aircraft for 

4 the purpose of transporting the firearm. 

5 ‘‘(g) AUTHORITY TO USE FORCE.—Notwithstanding 

6 section 1503(d), the Under Secretary shall prescribe the 

7 standards and circumstances under which a Federal flight 

8 deck officer may use, while the program under this section 

9 is in effect, force (including lethal force) against an indi10 vidual in the defense of the flight deck of an aircraft in 

11 air transportation or intrastate air transportation. 

12 ‘‘(h) LIMITATION ON LIABILITY.—

13 ‘‘(1) LIABILITY OF AIR CARRIERS.—An air car14 rier shall not be liable for damages in any action 

15 brought in a Federal or State court arising out of 

16 a Federal flight deck officer’s use of or failure to use 

17 a firearm. 

18 ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF19 FICERS.—A Federal flight deck officer shall not be 

20 liable for damages in any action brought in a Fed21 eral or State court arising out of the acts or omis22 sions of the officer in defending the flight deck of an 

23 aircraft against acts of criminal violence or air pi24 racy unless the officer is guilty of gross negligence 

25 or willful misconduct. 
102

•HR 2144 IH 

1 ‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.—

2 For purposes of an action against the United States 

3 with respect to an act or omission of a Federal flight 

4 deck officer in defending the flight deck of an air5 craft, the officer shall be treated as an employee of 

6 the Federal Government under chapter 171 of title 

7 28, relating to tort claims procedure. 

8 ‘‘(i) PROCEDURES FOLLOWING ACCIDENTAL DIS9 CHARGES.—If an accidental discharge of a firearm under 

10 the pilot program results in the injury or death of a pas11 senger or crew member on an aircraft, the Under Sec12 retary—

13 ‘‘(1) shall revoke the deputation of the Federal 

14 flight deck officer responsible for that firearm if the 

15 Under Secretary determines that the discharge was 

16 attributable to the negligence of the officer; and 

17 ‘‘(2) in any case in which the Under Secretary 

18 determines that a shortcoming in standards, train19 ing, or procedures was responsible for the accidental 

20 discharge, may temporarily suspend the program 

21 until the shortcoming is corrected. 

22 ‘‘(j) LIMITATION ON AUTHORITY OF AIR CAR23 RIERS.—No air carrier shall prohibit or threaten any re24 taliatory action against a pilot employed by the air carrier 
103

•HR 2144 IH 

1 from becoming a Federal flight deck officer under this sec2 tion. No air carrier shall—

3 ‘‘(1) prohibit a Federal flight deck officer from 

4 piloting an aircraft operated by the air carrier; or 

5 ‘‘(2) terminate the employment of a Federal 

6 flight deck officer, solely on the basis of his or her 

7 volunteering for or participating in the program 

8 under this section. 

9 ‘‘(k) APPLICABILITY.—

10 ‘‘(1) EXEMPTION.—This section shall not apply 

11 to air carriers operating under part 135 of title 14, 

12 Code of Federal Regulations, and to pilots employed 

13 by such carriers to the extent that such carriers and 

14 pilots are covered by section 135.119 of such title or 

15 any successor to such section. 

16 ‘‘(2) PILOT DEFINED.—The term ‘pilot’ means 

17 an individual who has final authority and responsi18 bility for the operation and safety of the flight or, 

19 if more than 1 pilot is required for the operation of 

20 the aircraft or by the regulations under which the 

21 flight is being conducted, the individual designated 

22 as second in command. The term also includes a 

23 flight engineer. 
104

•HR 2144 IH 

1 ‘‘§ 1522. Deputation of State and local law enforce2 ment officers 

3 ‘‘(a) DEPUTATION AUTHORITY.—The Under Sec4 retary for Border and Transportation Security may depu5 tize a State or local law enforcement officer to carry out 

6 Federal airport security duties under this chapter. 

7 ‘‘(b) FULFILLMENT OF REQUIREMENTS.—A State or 

8 local law enforcement officer who is deputized under this 

9 section shall be treated as a Federal law enforcement offi10 cer for purposes of meeting the requirements of this chap11 ter and other provisions of law to provide Federal law en12 forcement officers to carry out Federal airport security 

13 duties. 

14 ‘‘(c) AGREEMENTS.—To deputize a State or local law 

15 enforcement officer under this section, the Under Sec16 retary shall enter into a voluntary agreement with the ap17 propriate State or local law enforcement agency that em18 ploys the State or local law enforcement officer. 

19 ‘‘(d) REIMBURSEMENT.—

20 ‘‘(1) IN GENERAL.—The Under Secretary shall 

21 reimburse a State or local law enforcement agency 

22 for all reasonable, allowable, and allocable costs in23 curred by the State or local law enforcement agency 

24 with respect to a law enforcement officer deputized 

25 under this section. 
105

•HR 2144 IH 

1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this subsection. 

4 ‘‘(e) FEDERAL TORT CLAIMS ACT.—A State or local 

5 law enforcement officer who is deputized under this sec6 tion shall be treated as an ‘employee of the Government’ 

7 for purposes of sections 1346(b), 2401(b), and chapter 

8 171 of title 28 while carrying out Federal airport security 

9 duties within the course and scope of the officer’s employ10 ment, subject to Federal supervision and control, and in 

11 accordance with the terms of such deputation. 

12 ‘‘(f) STATIONING OF OFFICERS.—The Under Sec13 retary may allow law enforcement personnel to be sta14 tioned other than at the airport security screening location 

15 if that would be preferable for law enforcement purposes 

16 and if such personnel would still be able to provide prompt 

17 responsiveness to problems occurring at the screening lo18 cation. 

19 ‘‘§ 1523. Limitation of flights over certain stadiums 

20 ‘‘No aircraft may fly within a 3 nautical mile radius 

21 at a height of less than 3,000 feet of a stadium having 

22 a seating capacity of 30,000 within 1 hour before or 1 

23 hour after a Major League Baseball, National Football 

24 League, National Collegiate Athletic Association Division 

25 One football, or major motor speedway event unless—
106

•HR 2144 IH 

1 ‘‘(1) the aircraft is under the control of air traf2 fic control for the purpose of arriving or departing 

3 an airport adjacent to the stadium; 

4 ‘‘(2) the aircraft is an aircraft operated by or 

5 on behalf of the Department of Defense or law en6 forcement and the pilot is in contact with air traffic 

7 control; 

8 ‘‘(3) the aircraft is being used for an 

9 aeromedical flight operation and the pilot is in con10 tact with air traffic control; 

11 ‘‘(4) the aircraft is authorized to enter the area 

12 by air traffic control for operational, security, or 

13 safety purposes of the event; 

14 ‘‘(5) the aircraft is authorized to enter the area 

15 by air traffic control in order to transport equip16 ment, parts, team members, officials of the gov17 erning body, and family members and guests of such 

18 teams or officials connected with the event or sta19 dium; 

20 ‘‘(6) the aircraft is operated for the purpose of 

21 providing broadcast coverage of the event by any 

22 broadcast rights holder; 

23 ‘‘(7) the aircraft is operated by a pilot who—

24 ‘‘(A) has undergone an employment inves25 tigation under section 1536 (including a crimi-
107

•HR 2144 IH 

1 nal history record check and a review of avail2 able law enforcement data bases and records of 

3 other governmental and international agencies 

4 to the extent determined practicable by the 

5 Under Secretary); 

6 ‘‘(B) has notified the Under Secretary for 

7 Border and Transportation Security at least 48 

8 hours before the event of the intent to operate 

9 an aircraft in the area; and 

10 ‘‘(C) is in contact with air traffic control; 

11 or 

12 ‘‘(8) the pilot of the aircraft receives a waiver 

13 from the Under Secretary. 

14 ‘‘§ 1524. Certification of explosives detection canine 

15 and handler teams 

16 ‘‘(a) IN GENERAL.—The Under Secretary for Border 

17 and Transportation Security may establish a program to 

18 certify explosives detection canine and handler teams, in19 cluding teams employed by private sector companies. 

20 ‘‘(b) STANDARDS.—The Under Secretary may certify 

21 a team under subsection (a) only if the team meets such 

22 standards as the Under Secretary may prescribe. The 

23 standards shall be based on the standards that apply to 

24 teams participating in the National Explosives Detection 
108

•HR 2144 IH 

1 Canine Team program of the Transportation Security Ad2 ministration. 

3 ‘‘(c) USE OF CERTIFIED TEAMS.—Teams certified 

4 under subsection (a) may be used to perform security 

5 functions mandated by the Under Secretary and other ac6 tivities to enhance security. 

7 ‘‘(d) ALTERNATIVE TO CERTIFICATION OF INDI8 VIDUAL TEAMS.—

9 ‘‘(1) CERTIFICATION OF TRAINING PRO10 GRAMS.—As an alternative to certifying individual 

11 teams under subsection (a), the Under Secretary 

12 may certify the training program of a law enforce13 ment agency or a private sector company that offers 

14 explosives detection canine services for hire. 

15 ‘‘(2) APPLICABILITY OF STANDARDS.—Teams 

16 trained under a program certified under paragraph 

17 (1) shall be required to meet the standards pre18 scribed by the Under Secretary under subsection (b). 

19 ‘‘(3) INSPECTIONS.—The Under Secretary may 

20 perform random inspections or testing to verify that 

21 certification standards for training programs are 

22 met. 

23 ‘‘(4) PRETESTING STANDARDS.—The Under 

24 Secretary may require that certain requirements be 

25 met before considering whether to certify a training 
109

•HR 2144 IH 

1 program. The requirements may include the fol2 lowing: 

3 ‘‘(A) Adequate storage facilities for canine 

4 explosives training aids. 

5 ‘‘(B) An established process for conducting 

6 security background checks on employees or po7 tential employees. 

8 ‘‘(C) A minimum number, not to exceed 8, 

9 of canine and handler teams present to test. 

10 ‘‘(D) A request for testing from a spon11 soring transportation provider, airport owner or 

12 operator, or shipper. 

13 ‘‘(E) A requirement that a company hold 

14 a permit issued by the Bureau of Alcohol, To15 bacco and Firearms under section 843 of title 

16 18. 

17 ‘‘(e) RECERTIFICATION.—The Under Secretary shall 

18 require periodic recertification of individual canine teams 

19 or company training programs, as appropriate. 

20 ‘‘(f) ACCESS TO STANDARDS.—The Under Secretary 

21 shall ensure that the standards established pursuant to 

22 subsection (b) are made known to explosives detection ca23 nine and handler teams seeking certification under this 

24 section, and to private sector companies and law enforce25 ment agencies seeking certification of training programs 
110

•HR 2144 IH 

1 under subsection (d), as appropriate. The Under Secretary 

2 may establish procedures to ensure that the standards are 

3 disclosed only to individuals who have completed a security 

4 background check to the satisfaction of the Under Sec5 retary. 

6 ‘‘§ 1525. Airport security improvement projects 

7 ‘‘(a) GRANT AUTHORITY.—Subject to the require8 ments of this section, the Under Secretary for Border and 

9 Transportation Security shall make grants to airport 

10 sponsors—

11 ‘‘(1) for projects to replace baggage conveyer 

12 systems related to aviation security; 

13 ‘‘(2) for projects to reconfigure terminal bag14 gage areas as needed to install explosive detection 

15 systems; and 

16 ‘‘(3) for such other airport security improve17 ment projects as the Under Secretary determines ap18 propriate. 

19 ‘‘(b) APPLICATIONS.—A sponsor seeking a grant 

20 under this section shall submit to the Under Secretary an 

21 application in such form and containing such information 

22 as the Under Secretary prescribes. 

23 ‘‘(c) APPROVAL.—The Under Secretary may approve 

24 an application of a sponsor for a grant under this section 

25 only if the Under Secretary determines that the project 
111

•HR 2144 IH 

1 will improve security at an airport or improve the effi2 ciency of the airport without lessening security. 

3 ‘‘(d) LETTERS OF INTENT.—

4 ‘‘(1) ISSUANCE.—The Under Secretary may 

5 issue a letter of intent to a sponsor committing to 

6 obligate from future budget authority an amount, 

7 not more than the Federal Government’s share of 

8 the project’s cost, for an airport security improve9 ment project (including interest costs and costs of 

10 formulating the project). 

11 ‘‘(2) SCHEDULE.—A letter of intent under this 

12 subsection shall establish a schedule under which the 

13 Under Secretary will reimburse the sponsor for the 

14 Government’s share of the project’s costs, as 

15 amounts become available, if the sponsor, after the 

16 Under Secretary issues the letter, carries out the 

17 project without receiving amounts under this section. 

18 ‘‘(3) PRIORITY.—In making grants under this 

19 section in a fiscal year, the Under Secretary shall 

20 fulfill intentions to obligate under this subsection. 

21 ‘‘(4) NOTICE TO UNDER SECRETARY.—A spon22 sor that has been issued a letter of intent under this 

23 subsection shall notify the Under Secretary of the 

24 sponsors’s intent to carry out an airport security im25 provement project before the project begins. 
112

•HR 2144 IH 

1 ‘‘(5) NOTICE TO CONGRESS.—The Under Sec2 retary shall transmit to the Committees on Appro3 priations and Transportation and Infrastructure of 

4 the House of Representatives and the Committees 

5 on Appropriations and Commerce, Science and 

6 Transportation of the Senate a written notification 

7 at least 3 days before the issuance of a letter of in8 tent under this section. 

9 ‘‘(6) LIMITATIONS.—A letter of intent issued 

10 under this subsection is not an obligation of the 

11 Government under section 1501 of title 31, and the 

12 letter is not deemed to be an administrative commit13 ment for financing. An obligation or administrative 

14 commitment may be made only as amounts are pro15 vided in authorization and appropriations laws. 

16 ‘‘(7) APPLICABILITY OF CERTAIN REQUIRE17 MENTS.—The requirements that apply to grants and 

18 letters of intent issued under chapter 471 shall 

19 apply to grants and letters of intent issued under 

20 this section. 

21 ‘‘(8) STATUTORY CONSTRUCTION.—Nothing in 

22 this subsection shall be construed to prohibit the ob23 ligation of amounts pursuant to a letter of intent 

24 under this subsection in the same fiscal year as the 

25 letter of intent is issued. 
113

•HR 2144 IH 

1 ‘‘(e) FEDERAL SHARE.—The Government’s share of 

2 the cost of a project under this section shall be 90 percent 

3 for a project at an airport having at least 0.25 percent 

4 of the total number of passenger boardings each year at 

5 all airports and 95 percent for a project at any other air6 port. 

7 ‘‘(f) SPONSOR DEFINED.—In this section, the term 

8 ‘sponsor’ has the meaning given that term in section 

9 47102. 

10 ‘‘(g) FUNDING.—

11 ‘‘(1) IN GENERAL.—Out of amounts collected in 

12 fees under section 1540, $500,000,000 shall be 

13 available to carry out this section in each of fiscal 

14 years 2004 through 2007. Such sums shall remain 

15 available until expended. 

16 ‘‘(2) INCURRING OBLIGATIONS.—The Under 

17 Secretary may incur obligations to make grants from 

18 amounts made available for a fiscal year to carry out 

19 this section beginning on the first day of the fiscal 

20 year. 

21 ‘‘(3) CONTRACT AUTHORITY.—A project grant 

22 obligation of the Under Secretary under this section 

23 is a contractual obligation of the Government for the 

24 payment of the Government’s share of the project’s 

25 cost. 
114

•HR 2144 IH 

1 ‘‘(4) OBLIGATION LIMITATIONS.—Project grant 

2 obligations of the Under Secretary under this section 

3 shall not exceed $500,000,000 for each of fiscal 

4 years 2004 through 2007.

5 ‘‘§ 1526. Repair station security 

6 ‘‘(a) SECURITY REVIEW AND AUDIT.—To ensure the 

7 security of maintenance and repair work conducted on 

8 United States aircraft and components at foreign aircraft 

9 repair stations, the Under Secretary for Border and 

10 Transportation Security, in consultation with the Admin11 istrator of the Federal Aviation Administration, shall com12 plete a security review and audit of foreign aircraft repair 

13 stations certified by the Administrator under part 145 of 

14 title 14, Code of Federal Regulations. The review shall be 

15 completed not later than 1 year after the date on which 

16 the Under Secretary issues regulations under subsection 

17 (f). 

18 ‘‘(b) ADDRESSING SECURITY CONCERNS.—The 

19 Under Secretary shall require a foreign aircraft repair sta20 tion to address the security issues and vulnerabilities iden21 tified in a security audit conducted under subsection (a) 

22 within 90 days of providing notice to the repair station 

23 of the security issues and vulnerabilities so identified. 

24 ‘‘(c) SUSPENSIONS AND REVOCATIONS OF CERTIFI25 CATES.—
115

•HR 2144 IH 

1 ‘‘(1) FAILURE TO CARRY OUT EFFECTIVE SECU2 RITY MEASURES.—If the Under Secretary deter3 mines as a result of a security audit that a foreign 

4 aircraft repair station does not maintain and carry 

5 out effective security measures, the Under Secretary 

6 shall notify the Administrator of the determination. 

7 Upon receipt of the determination, the Adminis8 trator shall suspend the certification of the repair 

9 station until such time as the Under Secretary de10 termines that the repair station maintains and car11 ries out effective security measures and transmits 

12 the determination to the Administrator. 

13 ‘‘(2) IMMEDIATE SECURITY RISK.—If the Under 

14 Secretary determines that a foreign aircraft repair 

15 station poses an immediate security risk, the Under 

16 Secretary shall notify the Administrator of the deter17 mination. Upon receipt of the determination, the Ad18 ministrator shall revoke the certification of the re19 pair station. 

20 ‘‘(d) FAILURE TO MEET AUDIT DEADLINE.—If the 

21 security audits required by subsection (a) are not com22 pleted on or before the date that is 1 year after the date 

23 on which the Under Secretary issues regulations under 

24 subsection (f), the Administrator shall be barred from cer25 tifying, or renewing the certification of, any foreign air-
116

•HR 2144 IH 

1 craft repair station until such audits are completed for ex2 isting stations. 

3 ‘‘(e) PRIORITY FOR AUDITS.—In conducting the au4 dits described in subsection (a), the Under Secretary and 

5 the Administrator shall give priority to foreign aircraft re6 pair stations located in countries identified by the United 

7 States Government as posing the most significant security 

8 risks. 

9 ‘‘(f) REGULATIONS.—Not later than 180 days after 

10 the date of enactment of this section, the Under Secretary, 

11 in consultation with the Administrator, shall issue final 

12 regulations to ensure the security of foreign and domestic 

13 aircraft repair stations. 

14 ‘‘SUBCHAPTER II—ADMINISTRATION AND 

15 PERSONNEL 

16 ‘‘§ 1531. Reserved 

17 ‘‘§ 1532. Reserved 

18 ‘‘§ 1533. Federal Security Directors 

19 ‘‘(a) ESTABLISHMENT, DESIGNATION, AND STA20 TIONING.—The Under Secretary for Border and Trans21 portation Security shall establish the position of Federal 

22 Security Director for each airport in the United States 

23 described in section 1503(c). The Under Secretary shall 

24 designate individuals as Directors for, and station those 

25 Directors in the vicinity of, those airports. 
117

•HR 2144 IH 

1 ‘‘(b) DUTIES AND POWERS.—The Director at each 

2 airport shall—

3 ‘‘(1) oversee the screening of passengers and 

4 property at the airport; and 

5 ‘‘(2) carry out other duties prescribed by the 

6 Under Secretary. 

7 ‘‘§ 1534. Foreign Security Liaison Officers 

8 ‘‘(a) ESTABLISHMENT, DESIGNATION, AND STA9 TIONING.—The Under Secretary for Border and Trans10 portation Security shall establish the position of Foreign 

11 Security Liaison Officer for each airport outside the 

12 United States at which the Under Secretary decides an 

13 Officer is necessary for air transportation security. In co14 ordination with the Secretary of State, the Under Sec15 retary shall designate an Officer for each of those airports. 

16 The Secretary shall give high priority to stationing those 

17 Officers. 

18 ‘‘(b) DUTIES AND POWERS.—An Officer reports di19 rectly to the Under Secretary. The Officer at each airport 

20 shall—

21 ‘‘(1) serve as the liaison of the Under Secretary 

22 to foreign security authorities (including govern23 ments of foreign countries and foreign airport au24 thorities) in carrying out United States Government 

25 security requirements at that airport; and 
118

•HR 2144 IH 

1 ‘‘(2) to the extent practicable, carry out duties 

2 and powers referred to in section 1533(b). 

3 ‘‘(c) COORDINATION OF ACTIVITIES.—The activities 

4 of each Officer shall be coordinated with the chief of the 

5 diplomatic mission of the United States to which the Offi6 cer is assigned. Activities of an Officer under this section 

7 shall be consistent with the duties and powers of the Sec8 retary and the chief of mission to a foreign country under 

9 section 103 of the Omnibus Diplomatic Security and 

10 Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 

11 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927). 

12 ‘‘§ 1535. Employment standards and training 

13 ‘‘(a) EMPLOYMENT STANDARDS.—The Under Sec14 retary for Border and Transportation Security shall pre15 scribe standards for the employment and continued em16 ployment of, and contracting for, air carrier personnel 

17 and, as appropriate, airport security personnel. The stand18 ards shall include—

19 ‘‘(1) minimum training requirements for new 

20 employees; 

21 ‘‘(2) retraining requirements; 

22 ‘‘(3) minimum staffing levels; 

23 ‘‘(4) minimum language skills; and 

24 ‘‘(5) minimum education levels for employees, 

25 when appropriate. 
119

•HR 2144 IH 

1 ‘‘(b) REVIEW AND RECOMMENDATIONS.—In coordi2 nation with air carriers, airport operators, and other inter3 ested persons, the Under Secretary shall review issues re4 lated to human performance in the aviation security sys5 tem to maximize that performance. When the review is 

6 completed, the Under Secretary shall recommend guide7 lines and prescribe appropriate changes in existing proce8 dures to improve that performance. 

9 ‘‘(c) SECURITY PROGRAM TRAINING, STANDARDS, 

10 AND QUALIFICATIONS.—

11 ‘‘(1) IN GENERAL.—The Under Secretary—

12 ‘‘(A) may train individuals employed to 

13 carry out a security program under section 

14 1503(c); and 

15 ‘‘(B) shall prescribe uniform training 

16 standards and uniform minimum qualifications 

17 for individuals eligible for that training. 

18 ‘‘(2) REIMBURSEMENT OF CERTAIN EX19 PENSES.—The Under Secretary may authorize reim20 bursement for travel, transportation, and subsistence 

21 expenses for security training of non-United States 

22 Government domestic and foreign individuals whose 

23 services will contribute significantly to carrying out 

24 civil aviation security programs. To the extent prac-
120

•HR 2144 IH 

1 ticable, air travel reimbursed under this paragraph 

2 shall be on air carriers. 

3 ‘‘(d) EDUCATION AND TRAINING STANDARDS FOR

4 SECURITY COORDINATORS, SUPERVISORY PERSONNEL, 

5 AND PILOTS.—

6 ‘‘(1) IN GENERAL.—The Under Secretary shall 

7 prescribe standards for educating and training—

8 ‘‘(A) ground security coordinators; 

9 ‘‘(B) security supervisory personnel; and 

10 ‘‘(C) airline pilots as in-flight security co11 ordinators. 

12 ‘‘(2) MINIMUM STANDARDS.—The standards 

13 shall include initial training, retraining, and con14 tinuing education requirements and methods. Those 

15 requirements and methods shall be used annually to 

16 measure the performance of ground security coordi17 nators and security supervisory personnel. 

18 ‘‘(e) SECURITY SCREENERS.—

19 ‘‘(1) TRAINING PROGRAM.—The Under Sec20 retary shall establish a program for the hiring and 

21 training of security screening personnel. 

22 ‘‘(2) HIRING.—

23 ‘‘(A) QUALIFICATIONS.—The Under Sec24 retary shall establish qualification standards for 

25 individuals to be hired by the United States as 
121

•HR 2144 IH 

1 security screening personnel. Notwithstanding 

2 any provision of law, those standards shall re3 quire, at a minimum, an individual—

4 ‘‘(i) to have a satisfactory or better 

5 score on a Federal security screening per6 sonnel selection examination; 

7 ‘‘(ii) to be a citizen of the United 

8 States or a national of the United States, 

9 as defined in section 1101(a)(22) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(22)); 

12 ‘‘(iii) to meet, at a minimum, the re13 quirements set forth in subsection (f); and 

14 ‘‘(iv) to meet such other qualifications 

15 as the Under Secretary may establish. 

16 ‘‘(B) BACKGROUND CHECKS.—The Under 

17 Secretary shall require that an individual to be 

18 hired as a security screener undergo an employ19 ment investigation (including a criminal history 

20 record check) under section 1536(a)(1). 

21 ‘‘(C) DISQUALIFICATION OF INDIVIDUALS

22 WHO PRESENT NATIONAL SECURITY RISKS.—

23 The Under Secretary, in consultation with the 

24 heads of other appropriate Federal agencies, 

25 shall establish procedures, in addition to any 
122

•HR 2144 IH 

1 background check conducted under section 

2 1536, to ensure that no individual who presents 

3 a threat to national security is employed as a 

4 security screener. 

5 ‘‘(3) EXAMINATION; REVIEW OF EXISTING

6 RULES.—The Under Secretary shall develop a secu7 rity screening personnel examination for use in de8 termining the qualification of individuals seeking 

9 employment as security screening personnel. The 

10 Under Secretary shall also review, and revise as nec11 essary, any standard, rule, or regulation governing 

12 the employment of individuals as security screening 

13 personnel. 

14 ‘‘(f) EMPLOYMENT STANDARDS FOR SCREENING

15 PERSONNEL.—

16 ‘‘(1) SCREENER REQUIREMENTS.—Notwith17 standing any provision of law, an individual may not 

18 be deployed as a security screener unless that indi19 vidual meets the following requirements: 

20 ‘‘(A) The individual shall possess a high 

21 school diploma, a general equivalency diploma, 

22 or experience that the Under Secretary has de23 termined to be sufficient for the individual to 

24 perform the duties of the position. 
123

•HR 2144 IH 

1 ‘‘(B) The individual shall possess basic ap2 titudes and physical abilities, including color 

3 perception, visual and aural acuity, physical co4 ordination, and motor skills, to the following 

5 standards: 

6 ‘‘(i) Screeners operating screening 

7 equipment shall be able to distinguish on 

8 the screening equipment monitor the ap9 propriate imaging standard specified by 

10 the Under Secretary. 

11 ‘‘(ii) Screeners operating any screen12 ing equipment shall be able to distinguish 

13 each color displayed on every type of 

14 screening equipment and explain what each 

15 color signifies. 

16 ‘‘(iii) Screeners shall be able to hear 

17 and respond to the spoken voice and to au18 dible alarms generated by screening equip19 ment in an active checkpoint environment. 

20 ‘‘(iv) Screeners performing physical 

21 searches or other related operations shall 

22 be able to efficiently and thoroughly ma23 nipulate and handle such baggage, con24 tainers, and other objects subject to secu25 rity processing. 
124

•HR 2144 IH 

1 ‘‘(v) Screeners who perform pat-downs 

2 or hand-held metal detector searches of in3 dividuals shall have sufficient dexterity and 

4 capability to thoroughly conduct those pro5 cedures over an individual’s entire body. 

6 ‘‘(C) The individual shall be able to read, 

7 speak, and write English well enough to—

8 ‘‘(i) carry out written and oral in9 structions regarding the proper perform10 ance of screening duties; 

11 ‘‘(ii) read English language identifica12 tion media, credentials, airline tickets, and 

13 labels on items normally encountered in 

14 the screening process; 

15 ‘‘(iii) provide direction to and under16 stand and answer questions from English17 speaking individuals undergoing screening; 

18 and 

19 ‘‘(iv) write incident reports and state20 ments and log entries into security records 

21 in the English language. 

22 ‘‘(D) The individual shall have satisfac23 torily completed all initial, recurrent, and ap24 propriate specialized training required by the 
125

•HR 2144 IH 

1 security program, except as provided in para2 graph (3). 

3 ‘‘(2) VETERANS PREFERENCE.—The Under 

4 Secretary shall provide a preference for the hiring of 

5 an individual as a security screener if the individual 

6 is a member or former member of the armed forces 

7 and if the individual is entitled, under statute, to re8 tired, retirement, or retainer pay on account of serv9 ice as a member of the armed forces. 

10 ‘‘(3) EXCEPTIONS.—An individual who has not 

11 completed the training required by this section may 

12 be deployed during the on-the-job portion of training 

13 to perform functions if that individual—

14 ‘‘(A) is closely supervised; and 

15 ‘‘(B) does not make independent judg16 ments as to whether individuals or property 

17 may enter a sterile area or aircraft without fur18 ther inspection. 

19 ‘‘(4) REMEDIAL TRAINING.—No individual em20 ployed as a security screener may perform a screen21 ing function after that individual has failed an oper22 ational test related to that function until that indi23 vidual has successfully completed the remedial train24 ing specified in the security program. 
126

•HR 2144 IH 

1 ‘‘(5) ANNUAL PROFICIENCY REVIEW.—The 

2 Under Secretary shall provide that an annual eval3 uation of each individual assigned screening duties is 

4 conducted and documented. An individual employed 

5 as a security screener may not continue to be em6 ployed in that capacity unless the evaluation dem7 onstrates that the individual—

8 ‘‘(A) continues to meet all qualifications 

9 and standards required to perform a screening 

10 function; 

11 ‘‘(B) has a satisfactory record of perform12 ance and attention to duty based on the stand13 ards and requirements in the security program; 

14 and 

15 ‘‘(C) demonstrates the current knowledge 

16 and skills necessary to courteously, vigilantly, 

17 and effectively perform screening functions. 

18 ‘‘(6) OPERATIONAL TESTING.—In addition to 

19 the annual proficiency review conducted under para20 graph (5), the Under Secretary shall provide for the 

21 operational testing of such personnel. 

22 ‘‘(7) FITNESS FOR DUTY.—An individual em23 ployed as a security screener shall demonstrate a fit24 ness for duty on a daily basis without any impair-
127

•HR 2144 IH 

1 ment due to illegal drugs, sleep deprivation, medica2 tion, or alcohol. 

3 ‘‘(g) TRAINING.—

4 ‘‘(1) USE OF OTHER AGENCIES.—The Under 

5 Secretary may enter into a memorandum of under6 standing or other arrangement with any other Fed7 eral agency or department with appropriate law en8 forcement responsibilities, to provide personnel, re9 sources, or other forms of assistance in the training 

10 of security screening personnel. 

11 ‘‘(2) TRAINING PLAN.—The Under Secretary 

12 shall develop a plan for the training of security 

13 screening personnel. The plan shall require, at a 

14 minimum, that a security screener—

15 ‘‘(A) has completed 40 hours of classroom 

16 instruction or successfully completed a program 

17 that the Under Secretary determines will train 

18 individuals to a level of proficiency equivalent to 

19 the level that would be achieved by such class20 room instruction; 

21 ‘‘(B) has completed 60 hours of on-the-job 

22 instructions; and 

23 ‘‘(C) has successfully completed an on-the24 job training examination prescribed by the 

25 Under Secretary. 
128

•HR 2144 IH 

1 ‘‘(3) EQUIPMENT-SPECIFIC TRAINING.—An in2 dividual employed as a security screener may not use 

3 any security screening device or equipment in the 

4 scope of that individual’s employment unless the in5 dividual has been trained on that device or equip6 ment and has successfully completed a test on the 

7 use of the device or equipment. 

8 ‘‘(h) TECHNOLOGICAL TRAINING.—

9 ‘‘(1) IN GENERAL.—The Under Secretary shall 

10 require training to ensure that screeners are pro11 ficient in using the most up-to-date new technology 

12 and to ensure their proficiency in recognizing new 

13 threats and weapons. 

14 ‘‘(2) PERIODIC ASSESSMENTS.—The Under 

15 Secretary shall make periodic assessments to deter16 mine if there are dual use items and inform security 

17 screening personnel of the existence of such items. 

18 ‘‘(3) CURRENT LISTS OF DUAL USE ITEMS.—

19 Current lists of dual use items shall be part of the 

20 ongoing training for screeners. 

21 ‘‘(4) DUAL USE DEFINED.—For purposes of 

22 this subsection, the term ‘dual use’ item means an 

23 item that may seem harmless but that may be used 

24 as a weapon. 
129

•HR 2144 IH 

1 ‘‘(i) LIMITATION ON RIGHT TO STRIKE.—An indi2 vidual that screens passengers or property, or both, at an 

3 airport under this section may not participate in a strike, 

4 or assert the right to strike, against the person (including 

5 a governmental entity) employing such individual to per6 form such screening. 

7 ‘‘(j) UNIFORMS.—The Under Secretary shall require 

8 any individual who screens passengers and property pur9 suant to section 1501 to be attired while on duty in a 

10 uniform approved by the Under Secretary. 

11 ‘‘(k) ACCESSIBILITY OF COMPUTER-BASED TRAIN12 ING FACILITIES.—The Under Secretary shall work with 

13 air carriers and airports to ensure that computer-based 

14 training facilities intended for use by security screeners 

15 at an airport regularly serving an air carrier holding a 

16 certificate issued by the Secretary of Transportation are 

17 conveniently located for that airport and easily accessible. 

18 ‘‘(l) SCREENER PERSONNEL.—Notwithstanding any 

19 other provision of law, the Under Secretary may employ, 

20 appoint, discipline, terminate, and fix the compensation, 

21 terms, and conditions of employment of Federal service 

22 for such a number of individuals as the Under Secretary 

23 determines to be necessary to carry out the screening 

24 functions of the Under Secretary under section 1501. The 
130

•HR 2144 IH 

1 Under Secretary shall establish levels of compensation and 

2 other benefits for individuals so employed. 

3 ‘‘§ 1536. Employment investigations and restrictions 

4 ‘‘(a) EMPLOYMENT INVESTIGATION REQUIRE5 MENT.—

6 ‘‘(1) TYPES OF EMPLOYEES.—

7 ‘‘(A) SECURITY SCREENERS AND POSI8 TIONS WITH UNESCORTED ACCESS.—The Under 

9 Secretary for Border and Transportation Secu10 rity shall require by regulation that an employ11 ment investigation (including a criminal history 

12 record check and a review of available law en13 forcement data bases and records of other gov14 ernmental and international agencies to the ex15 tent determined practicable by the Under Sec16 retary) shall be conducted of each individual 

17 employed in, or applying for, a position as a se18 curity screener under section 1535(e) or a posi19 tion in which the individual has unescorted ac20 cess, or may permit other individuals to have 

21 unescorted access, to—

22 ‘‘(i) aircraft of an air carrier or for23 eign air carrier; or 

24 ‘‘(ii) a secured area of an airport in 

25 the United States the Under Secretary 
131

•HR 2144 IH 

1 designates that serves an air carrier or for2 eign air carrier. 

3 ‘‘(B) SUPERVISORS, POSITIONS WITH ES4 CORTED ACCESS, AND SECURITY PERSONNEL.—

5 The Under Secretary shall require by regulation 

6 that an employment investigation (including a 

7 criminal history record check and a review of 

8 available law enforcement data bases and 

9 records of other governmental and international 

10 agencies to the extent determined practicable by 

11 the Under Secretary) be conducted for—

12 ‘‘(i) individuals who are responsible 

13 for screening passengers or property under 

14 section 1501; 

15 ‘‘(ii) supervisors of the individuals de16 scribed in clause (i); 

17 ‘‘(iii) individuals who regularly have 

18 escorted access to aircraft of an air carrier 

19 or foreign air carrier or a secured area of 

20 an airport in the United States the Under 

21 Secretary designates that serves an air car22 rier or foreign air carrier; and 

23 ‘‘(iv) such other individuals who exer24 cise security functions associated with bag25 gage or cargo, as the Under Secretary de-
132

•HR 2144 IH 

1 termines is necessary to ensure air trans2 portation security. 

3 ‘‘(C) BACKGROUND CHECKS OF CURRENT

4 EMPLOYEES.—

5 ‘‘(i) IN GENERAL.—A new background 

6 check (including a criminal history record 

7 check and a review of available law en8 forcement data bases and records of other 

9 governmental and international agencies to 

10 the extent determined practicable by the 

11 Under Secretary) shall be required for any 

12 individual who is employed in a position 

13 described in subparagraphs (A) and (B) on 

14 November 19, 2001. 

15 ‘‘(ii) PHASED IN IMPLEMENTATION.—

16 The Under Secretary may provide by order 

17 (without regard to the provisions of chap18 ter 5 of title 5, United States Code) for a 

19 phased-in implementation of the require20 ments of this subparagraph. 

21 ‘‘(D) EXEMPTION.—An employment inves22 tigation, including a criminal history record 

23 check, shall not be required under this sub24 section for an individual who is exempted under 

25 section 107.31(m)(1) or (2) of title 14, Code of 
133

•HR 2144 IH 

1 Federal Regulations, as in effect on November 

2 22, 2000. The Under Secretary shall work with 

3 the International Civil Aviation Organization 

4 and with appropriate authorities of foreign 

5 countries to ensure that individuals exempted 

6 under this subparagraph do not pose a threat 

7 to aviation or national security. 

8 ‘‘(2) CONTRACT SERVICES.—An air carrier, for9 eign air carrier, airport operator, or government that 

10 employs, or authorizes or makes a contract for the 

11 services of, an individual in a position described in 

12 paragraph (1) shall ensure that the investigation the 

13 Under Secretary requires is conducted. 

14 ‘‘(3) AUDIT.—The Under Secretary shall pro15 vide for the periodic audit of the effectiveness of 

16 criminal history record checks conducted under 

17 paragraph (1). 

18 ‘‘(b) PROHIBITED EMPLOYMENT.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (3), an air carrier, foreign air carrier, airport 

21 operator, or government may not employ, or author22 ize or make a contract for the services of, an indi23 vidual in a position described in subsection (a)(1) 

24 if—
134

•HR 2144 IH 

1 ‘‘(A) the investigation of the individual re2 quired under this section has not been con3 ducted; or 

4 ‘‘(B) the results of that investigation es5 tablish that, in the 10-year period ending on 

6 the date of the investigation, the individual was 

7 convicted (or found not guilty by reason of in8 sanity) of—

9 ‘‘(i) a crime referred to in section 

10 46306, 46308, 46312, 46314, or 46315 or 

11 chapter 465 of this title or section 32 of 

12 title 18; 

13 ‘‘(ii) murder; 

14 ‘‘(iii) assault with intent to murder; 

15 ‘‘(iv) espionage; 

16 ‘‘(v) sedition; 

17 ‘‘(vi) treason; 

18 ‘‘(vii) rape; 

19 ‘‘(viii) kidnapping; 

20 ‘‘(ix) unlawful possession, sale, dis21 tribution, or manufacture of an explosive 

22 or weapon; 

23 ‘‘(x) extortion; 

24 ‘‘(xi) armed or felony unarmed rob25 bery; 
135

•HR 2144 IH 

1 ‘‘(xii) distribution of, or intent to dis2 tribute, a controlled substance; 

3 ‘‘(xiii) a felony involving a threat; 

4 ‘‘(xiv) a felony involving—

5 ‘‘(I) willful destruction of prop6 erty; 

7 ‘‘(II) importation or manufacture 

8 of a controlled substance; 

9 ‘‘(III) burglary; 

10 ‘‘(IV) theft; 

11 ‘‘(V) dishonesty, fraud, or mis12 representation; 

13 ‘‘(VI) possession or distribution 

14 of stolen property; 

15 ‘‘(VII) aggravated assault; 

16 ‘‘(VIII) bribery; and 

17 ‘‘(IX) illegal possession of a con18 trolled substance punishable by a 

19 maximum term of imprisonment of 

20 more than 1 year, or any other crime 

21 classified as a felony that the Under 

22 Secretary determines indicates a pro23 pensity for placing contraband aboard 

24 an aircraft in return for money; or 
136

•HR 2144 IH 

1 ‘‘(xv) conspiracy to commit any of the 

2 acts referred to in clauses (i) through 

3 (xiv). 

4 ‘‘(2) OTHER FACTORS.—The Under Secretary 

5 may specify other factors that are sufficient to pro6 hibit the employment of an individual in a position 

7 described in subsection (a)(1). 

8 ‘‘(3) PLAN FOR ALTERNATE SECURITY AR9 RANGEMENTS.—An air carrier, foreign air carrier, 

10 airport operator, or government may employ, or au11 thorize or contract for the services of, an individual 

12 in a position described in subsection (a)(1) without 

13 carrying out the investigation required under this 

14 section, if the Under Secretary approves a plan to 

15 employ the individual that provides alternate secu16 rity arrangements. 

17 ‘‘(c) FINGERPRINTING AND RECORD CHECK INFOR18 MATION.—

19 ‘‘(1) DESIGNATED INDIVIDUAL.—If the Under 

20 Secretary requires an identification and criminal his21 tory record check, to be conducted by the Attorney 

22 General, as part of an investigation under this sec23 tion, the Under Secretary shall designate an indi24 vidual to obtain fingerprints and submit those fin25 gerprints to the Attorney General. The Attorney 
137

•HR 2144 IH 

1 General may make the results of a check available 

2 to an individual the Under Secretary designates. Be3 fore designating an individual to obtain and submit 

4 fingerprints or receive results of a check, the Under 

5 Secretary shall consult with the Attorney General. 

6 All Federal agencies shall cooperate with the Under 

7 Secretary and the Under Secretary’s designee in the 

8 process of collecting and submitting fingerprints. 

9 ‘‘(2) FINGERPRINTING PROCEDURES AND USE

10 OF INFORMATION.—The Under Secretary shall pre11 scribe regulations on—

12 ‘‘(A) procedures for taking fingerprints; 

13 and 

14 ‘‘(B) requirements for using information 

15 received from the Attorney General under para16 graph (1)—

17 ‘‘(i) to limit the dissemination of the 

18 information; and 

19 ‘‘(ii) to ensure that the information is 

20 used only to carry out this section. 

21 ‘‘(3) REVIEW OF INFORMATION BY INDI22 VIDUAL.—If an identification and criminal history 

23 record check is conducted as part of an investigation 

24 of an individual under this section, the individual—
138

•HR 2144 IH 

1 ‘‘(A) shall receive a copy of any record re2 ceived from the Attorney General; and 

3 ‘‘(B) may complete and correct the infor4 mation contained in the check before a final 

5 employment decision is made based on the 

6 check. 

7 ‘‘(d) FEES AND CHARGES.—The Under Secretary 

8 and the Attorney General shall establish reasonable fees 

9 and charges to pay expenses incurred in carrying out this 

10 section. The employer of the individual being investigated 

11 shall pay the costs of a record check of the individual. 

12 Money collected under this section shall be credited to the 

13 account in the Treasury from which the expenses were in14 curred and are available to the Under Secretary and the 

15 Attorney General for those expenses. 

16 ‘‘(e) WHEN INVESTIGATION OR RECORD CHECK NOT

17 REQUIRED.—This section does not require an investiga18 tion or record check when the investigation or record check 

19 is prohibited by a law of a foreign country. 

20 ‘‘(f) REVISED PROCEDURES.—The Under Secretary 

21 shall revise the procedures established under subsection 

22 (c) to ensure that—

23 ‘‘(1) information received from the Attorney 

24 General under subsection (c) is released only to the 
139

•HR 2144 IH 

1 Under Secretary or the designee of the Under Sec2 retary; and 

3 ‘‘(2) the Under Secretary or designee informs 

4 the employer or prospective employer of an indi5 vidual, within 3 days (excluding weekends and holi6 days) of receiving information from the Attorney 

7 General concerning the individual, whether the in8 vestigation of the individual under subsection (c) es9 tablishes that, in the 10-year period ending on the 

10 date of the investigation, the individual was con11 victed (or found not guilty by reason of insanity) of 

12 any of the crimes listed in subsection (b). 

13 ‘‘(g) LIMITATION ON DESIGNEE.—A designee of the 

14 Under Secretary under subsection (c)(1) or under sub15 section (f) may not be—

16 ‘‘(1) an employer or prospective employer of the 

17 individual who is subject to fingerprinting, a record 

18 check, or an investigation; or 

19 ‘‘(2) an entity that represents or is otherwise 

20 associated with the employer or prospective em21 ployer. 

22 ‘‘(h) WAIVER PROCESS.—

23 ‘‘(1) IN GENERAL.—The Under Secretary shall 

24 establish a process to permit an individual who was 

25 convicted of a crime listed in subsection (b) to ob-
140

•HR 2144 IH 

1 tain a waiver from the Under Secretary to permit 

2 that individual’s employment. 

3 ‘‘(2) FACTORS.—In deciding whether to grant a 

4 waiver under this subsection, the Under Secretary 

5 shall give consideration to the circumstances of the 

6 disqualifying crime, restitution made by the indi7 vidual, Federal and State mitigation remedies, and 

8 other factors that would tend to indicate that the in9 dividual does not pose a security or terrorism risk. 

10 ‘‘(3) APPEALS PROCESS.—The Under Secretary 

11 shall establish an appeals process, including a hear12 ing on the record, for individuals who are denied 

13 waivers under this subsection. 

14 ‘‘(h) MINIMIZATION OF DUPLICATIVE BACKGROUND

15 CHECKS.—The Under Secretary shall take such action as 

16 may be necessary to ensure that a person who works at 

17 an airport is not subject to separate background checks 

18 by each Federal agency that operates at that airport. 

19 ‘‘§ 1537. Prohibition on transferring duties and

20 powers 

21 ‘‘Except as specifically provided by law, the Under 

22 Secretary for Border and Transportation Security may 

23 not transfer a duty or power under section 1503(a), (b), 

24 (c), or (e), 1506, 1512, 1535, 1536, or 1538(b)(3) to an-
141

•HR 2144 IH 

1 other department, agency, or instrumentality of the 

2 United States Government. 

3 ‘‘§ 1538. Reports 

4 ‘‘(a) TRANSPORTATION SECURITY.—Not later than 

5 March 31 of each year, the Secretary of Homeland Secu6 rity shall submit to Congress a report on transportation 

7 security with recommendations the Secretary considers ap8 propriate. The report shall be prepared in conjunction 

9 with the biennial report the Under Secretary for Border 

10 and Transportation Security submits under subsection (b) 

11 in each year the Under Secretary submits the biennial re12 port, but may not duplicate the information submitted 

13 under subsection (b) or section 1507(a)(3). The Secretary 

14 may submit the report in classified and unclassified parts. 

15 The report shall include—

16 ‘‘(1) an assessment of trends and developments 

17 in terrorist activities, methods, and other threats to 

18 transportation; 

19 ‘‘(2) an evaluation of deployment of explosive 

20 detection devices; 

21 ‘‘(3) recommendations for research, engineer22 ing, and development activities related to transpor23 tation security, except research engineering and de24 velopment activities related to aviation security to 

25 the extent those activities are covered by the na-
142

•HR 2144 IH 

1 tional aviation research plan required under section 

2 44501(c); 

3 ‘‘(4) identification and evaluation of cooperative 

4 efforts with other departments, agencies, and instru5 mentalities of the United States Government; 

6 ‘‘(5) an evaluation of cooperation with foreign 

7 transportation and security authorities; 

8 ‘‘(6) the status of the extent to which the rec9 ommendations of the President’s Commission on 

10 Aviation Security and Terrorism have been carried 

11 out and the reasons for any delay in carrying out 

12 those recommendations; 

13 ‘‘(7) an assessment of financial and staffing re14 quirements, and attainment of existing staffing 

15 goals, for carrying out duties and powers of the 

16 Under Secretary related to security; and 

17 ‘‘(8) appropriate legislative and regulatory rec18 ommendations. 

19 ‘‘(b) SCREENING AND FOREIGN AIR CARRIER AND

20 AIRPORT SECURITY.—The Under Secretary shall submit 

21 biennially to Congress a report—

22 ‘‘(1) on the effectiveness of procedures under 

23 section 1501; 
143

•HR 2144 IH 

1 ‘‘(2) that includes a summary of the assess2 ments conducted under section 1507(a)(1) and (2); 

3 and 

4 ‘‘(3) that includes an assessment of the steps 

5 being taken, and the progress being made, in ensur6 ing compliance with section 1506 for each foreign 

7 air carrier security program at airports outside the 

8 United States—

9 ‘‘(A) at which the Under Secretary decides 

10 that Foreign Security Liaison Officers are nec11 essary for air transportation security; and 

12 ‘‘(B) for which extraordinary security 

13 measures are in place. 

14 ‘‘§ 1539. Training to operate certain aircraft 

15 ‘‘(a) WAITING PERIOD.—A person operating as a 

16 flight instructor, pilot school, or aviation training center 

17 or subject to regulation under this part may provide train18 ing in the operation of any aircraft having a maximum 

19 certificated takeoff weight of more than 12,500 pounds 

20 to an alien (as defined in section 101(a)(3) of the Immi21 gration and Nationality Act (8 U.S.C. 1101(a)(3))) or to 

22 any other individual specified by the Under Secretary for 

23 Border and Transportation Security only if—

24 ‘‘(1) that person has first notified the Under 

25 Secretary that the alien or individual has requested 
144

•HR 2144 IH 

1 such training and submitted to the Under Secretary, 

2 in such form as the Under Secretary may prescribe, 

3 the following information about the alien or indi4 vidual: 

5 ‘‘(A) full name; 

6 ‘‘(B) passport and visa information; 

7 ‘‘(C) country of citizenship; 

8 ‘‘(D) date of birth; 

9 ‘‘(E) dates of training; and 

10 ‘‘(F) verification that fingerprints have 

11 been taken by, or under the supervision of, a 

12 Federal, State, or local law enforcement agency 

13 or by another entity approved by the Federal 

14 Bureau of Investigation, including finger prints 

15 taken by United States Government personnel 

16 at a United States embassy or consulate; and 

17 ‘‘(2) the Under Secretary has not directed, 

18 within 45 days after being notified under paragraph 

19 (1), that person not to provide the requested train20 ing because the Under Secretary has determined 

21 that the individual presents a risk to aviation or na22 tional security. 

23 ‘‘(b) INTERRUPTION OF TRAINING.—If the Under 

24 Secretary, more than 45 days after receiving notification 

25 under subsection (a) from a person providing training de-
145

•HR 2144 IH 

1 scribed in subsection (a), determines that the individual 

2 presents a risk to aviation or national security, the Under 

3 Secretary shall immediately notify the person providing 

4 the training of the determination and that person shall 

5 immediately terminate the training. 

6 ‘‘(c) SECURITY AWARENESS TRAINING FOR EMPLOY7 EES.—The Under Secretary shall require flight schools to 

8 conduct a security awareness program for flight school 

9 employees to increase their awareness of suspicious cir10 cumstances and activities of individuals enrolling in or at11 tending flight school. 

12 ‘‘(d) TRAINING.—In subsection (a), the term ‘train13 ing’ means training received from an instructor in an air14 craft or aircraft simulator and does not include recurrent 

15 training, ground training, or demonstration flights for 

16 marketing purposes. 

17 ‘‘§ 1541. Immunity for reporting suspicious activities 

18 ‘‘(a) IN GENERAL.—Any air carrier or foreign air 

19 carrier or any employee of an air carrier or foreign air 

20 carrier who makes a voluntary disclosure of any suspicious 

21 transaction relevant to a possible violation of law or regu22 lation, relating to air piracy, a threat to aircraft or pas23 senger safety, or terrorism, as defined by section 3077 of 

24 title 18, to any employee or agent of the Department of 

25 Homeland Security, the Department of Transportation, 
146

•HR 2144 IH 

1 the Department of Justice, any Federal, State, or local 

2 law enforcement officer, or any airport or airline security 

3 officer shall not be civilly liable to any person under any 

4 law or regulation of the United States, any constitution, 

5 law, or regulation of any State or political subdivision of 

6 any State, for such disclosure. 

7 ‘‘(b) APPLICATION.—Subsection (a) shall not apply 

8 to—

9 ‘‘(1) any disclosure made with actual knowledge 

10 that the disclosure was false, inaccurate, or mis11 leading; or 

12 ‘‘(2) any disclosure made with reckless dis13 regard as to the truth or falsity of that disclosure. 

14 ‘‘§ 1542. Performance goals and objectives 

15 ‘‘(a) SHORT-TERM TRANSITION.—

16 ‘‘(1) IN GENERAL.—The Under Secretary for 

17 Border and Transportation Security, in consultation 

18 with Congress, may—

19 ‘‘(A) establish acceptable levels of perform20 ance for aviation security, including screening 

21 operations and access control; and 

22 ‘‘(B) provide Congress with an action plan, 

23 containing measurable goals and milestones, 

24 that outlines how those levels of performance 

25 will be achieved. 
147

•HR 2144 IH 

1 ‘‘(2) BASICS OF ACTION PLAN.—The action 

2 plan shall clarify the responsibilities of the Trans3 portation Security Administration, the Federal Avia4 tion Administration, and any other agency or organi5 zation that may have a role in ensuring the safety 

6 and security of the civil air transportation system. 

7 ‘‘(b) LONG-TERM RESULTS-BASED MANAGEMENT.—

8 ‘‘(1) PERFORMANCE PLAN.—

9 ‘‘(A) MEASURABLE GOALS AND OBJEC10 TIVES.—Each year, consistent with the require11 ments of the Government Performance and Re12 sults Act of 1993 (in this subsection referred to 

13 as the ‘GPRA’), the Secretary of Homeland Se14 curity, the Under Secretary, and the Adminis15 trator of the Transportation Security Adminis16 tration shall agree on a performance plan for 

17 the succeeding 5 years that establishes measur18 able goals and objectives for aviation security. 

19 The plan shall identify action steps necessary to 

20 achieve such goals. 

21 ‘‘(B) CLARIFICATION OF RESPONSIBIL22 ITIES.—In addition to meeting the require23 ments of GPRA, the performance plan should 

24 clarify the responsibilities of the Secretary, the 

25 Under Secretary, the Administrator, and the 
148

•HR 2144 IH 

1 head of any other agency or organization that 

2 may have a role in ensuring the security of the 

3 civil air transportation system. 

4 ‘‘(2) PERFORMANCE REPORT.—Each year, con5 sistent with the requirements of GPRA, the Under 

6 Secretary shall prepare and submit to Congress an 

7 annual report including an evaluation of the extent 

8 goals and objectives were met. The report shall in9 clude the results achieved during the year relative to 

10 the goals established in the performance plan. 

11 ‘‘§ 1543. Performance management system 

12 ‘‘(a) ESTABLISHING A FAIR AND EQUITABLE SYS13 TEM FOR MEASURING STAFF PERFORMANCE.—The 

14 Under Secretary for Border and Transportation Security 

15 shall establish a performance management system which 

16 strengthens the organization’s effectiveness by providing 

17 for the establishment of goals and objectives for managers, 

18 employees, and organizational performance consistent 

19 with the performance plan. 

20 ‘‘(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY

21 FOR MEETING PERFORMANCE GOALS.—

22 ‘‘(1) IN GENERAL.—Each year, the Secretary of 

23 Homeland Security, the Under Secretary, and the 

24 Administrator of the Transportation Security Ad25 ministration shall enter into an annual performance 
149

•HR 2144 IH 

1 agreement that shall set forth organizational and in2 dividual performance goals for the Under Secretary 

3 and the Administrator. 

4 ‘‘(2) GOALS.—Each year, the Under Secretary, 

5 the Administrator, and each senior manager who re6 ports to the Under Secretary or the Administrator 

7 shall enter into an annual performance agreement 

8 that sets forth organization and individual goals for 

9 those managers. All other employees hired under the 

10 authority of the Under Secretary or the Adminis11 trator shall enter into an annual performance agree12 ment that sets forth organization and individual 

13 goals for those employees. 

14 ‘‘(c) PERFORMANCE-BASED SERVICE CON15 TRACTING.—To the extent contracts, if any, are used to 

16 implement this part, the Under Secretary shall, to the ex17 tent practical, maximize the use of performance-based 

18 service contracts. These contracts should be consistent 

19 with guidelines published by the Office of Federal Pro20 curement Policy. 

21 ‘‘§ 1544. Voluntary provision of emergency services 

22 ‘‘(a) PROGRAM FOR PROVISION OF VOLUNTARY

23 SERVICES.—

24 ‘‘(1) PROGRAM.—The Under Secretary for Bor25 der and Transportation Security shall carry out a 
150

•HR 2144 IH 

1 program to permit qualified law enforcement offi2 cers, firefighters, and emergency medical technicians 

3 to provide emergency services on commercial air 

4 flights during emergencies. 

5 ‘‘(2) REQUIREMENTS.—The Under Secretary 

6 shall establish such requirements for qualifications 

7 of providers of voluntary services under the program 

8 under paragraph (1), including training require9 ments, as the Under Secretary considers appro10 priate. 

11 ‘‘(3) CONFIDENTIALITY OF REGISTRY.—If as 

12 part of the program under paragraph (1) the Under 

13 Secretary requires or permits registration of law en14 forcement officers, firefighters, or emergency med15 ical technicians who are willing to provide emergency 

16 services on commercial flights during emergencies, 

17 the Under Secretary shall take appropriate actions 

18 to ensure that the registry is available only to appro19 priate airline personnel and otherwise remains con20 fidential. 

21 ‘‘(4) CONSULTATION.—The Under Secretary 

22 shall consult with appropriate representatives of the 

23 commercial airline industry, and organizations rep24 resenting community-based law enforcement, fire25 fighters, and emergency medical technicians, in car-
151

•HR 2144 IH 

1 rying out the program under paragraph (1), includ2 ing the actions taken under paragraph (3). 

3 ‘‘(b) EXEMPTION FROM LIABILITY.—An individual 

4 shall not be liable for damages in any action brought in 

5 a Federal or State court arising out of the acts or omis6 sions of the individual in providing or attempting to pro7 vide assistance in the case of an in-flight emergency unless 

8 the individual, while rendering such assistance, is guilty 

9 of gross negligence or willful misconduct. 

10 ‘‘CHAPTER 17—INVESTIGATIONS AND 

11 PROCEEDINGS

‘‘Sec. 

‘‘1701. Complaints and investigations. 

‘‘1702. Proceedings. 

‘‘1703. Service of notice, process, and actions. 

‘‘1704. Evidence. 

‘‘1705. Regulations and orders. 

‘‘1706. Certificate actions in response to a security threat. 

‘‘1707. Enforcement by Transportation Security Administration. 

‘‘1708. Enforcement by Attorney General. 

‘‘1709. Joinder and intervention. 

‘‘1710. Judicial review.

12 ‘‘§ 1701. Complaints and investigations 

13 ‘‘(a) GENERAL.—

14 ‘‘(1) FILING OF COMPLAINT AND INVESTIGA15 TION.—A person may file a complaint in writing 

16 with the Under Secretary for Border and Transpor17 tation Security about a person violating this part or 

18 a requirement prescribed under this part. Except as 

19 provided in subsection (b), the Under Secretary shall 
152

•HR 2144 IH 

1 investigate the complaint if a reasonable ground ap2 pears to the Under Secretary for the investigation. 

3 ‘‘(2) INVESTIGATION ON INITIATIVE OF UNDER

4 SECRETARY.—On the initiative of the Under Sec5 retary, the Under Secretary may conduct an inves6 tigation, if a reasonable ground appears to the 

7 Under Secretary for the investigation, about—

8 ‘‘(A) a person violating this part or a re9 quirement prescribed under this part; or 

10 ‘‘(B) any question that may arise under 

11 this part. 

12 ‘‘(3) DISMISSAL OF COMPLAINT.—The Under 

13 Secretary may dismiss a complaint without a hear14 ing when the Under Secretary is of the opinion that 

15 the complaint does not state facts that warrant an 

16 investigation or action. 

17 ‘‘(4) ORDER.—After notice and an opportunity 

18 for a hearing, the Under Secretary shall issue an 

19 order to compel compliance with this part if the 

20 Under Secretary finds in an investigation under this 

21 subsection that a person is violating this part. 

22 ‘‘(5) INTERNATIONAL OBLIGATIONS.—In 

23 issuing orders under paragraph (4), the Under Sec24 retary—
153

•HR 2144 IH 

1 ‘‘(A) shall act consistently with obligations 

2 of the United States Government; and 

3 ‘‘(B) shall consider applicable laws and re4 quirements of a foreign country. 

5 ‘‘(b) COMPLAINTS AGAINST MEMBERS OF ARMED

6 FORCES.—The Under Secretary shall refer a complaint 

7 against a member of the armed forces of the United States 

8 performing official duties to the Secretary of the depart9 ment concerned for action. Not later than 90 days after 

10 receiving the complaint, the Secretary of that department 

11 shall inform the Under Secretary of the action taken on 

12 the complaint, including any corrective or disciplinary ac13 tion taken. 

14 ‘‘§ 1702. Proceedings 

15 ‘‘(a) CONDUCTING PROCEEDINGS.—Subject to sub16 chapter II of chapter 5 of title 5, the Under Secretary 

17 for Border and Transportation Security may conduct pro18 ceedings in a way conducive to justice and the proper dis19 patch of business. 

20 ‘‘(b) APPEARANCE.—A person may appear and be 

21 heard before the Under Secretary in person or by an attor22 ney. 

23 ‘‘(c) RECORDING AND PUBLIC ACCESS.—Official ac24 tion taken by the Under Secretary under this part shall 

25 be recorded. Proceedings before the Under Secretary shall 
154

•HR 2144 IH 

1 be open to the public on the request of an interested party 

2 unless the Under Secretary decides that secrecy is re3 quired because of national defense. 

4 ‘‘(d) CONFLICTS OF INTEREST.—The Under Sec5 retary may not participate in a proceeding referred to in 

6 subsection (a) in which the Under Secretary has a pecu7 niary interest. 

8 ‘‘§ 1703. Service of notice, process, and actions 

9 ‘‘(a) DESIGNATING AGENTS.—

10 ‘‘(1) IN GENERAL.—Each air carrier and for11 eign air carrier shall designate an agent on whom 

12 service of notice and process in a proceeding before, 

13 and an action of, the Under Secretary for Border 

14 and Transportation Security may be made. 

15 ‘‘(2) PROCEDURAL REQUIREMENTS.—The des16 ignation—

17 ‘‘(A) shall be in writing and filed with the 

18 Under Secretary; and 

19 ‘‘(B) may be changed in the same way as 

20 originally made. 

21 ‘‘(b) SERVICE.—

22 ‘‘(1) IN GENERAL.—Service may be made—

23 ‘‘(A) by personal service; 

24 ‘‘(B) on a designated agent; or 
155

•HR 2144 IH 

1 ‘‘(C) by certified or registered mail to the 

2 person to be served or the designated agent of 

3 the person. 

4 ‘‘(2) DATE OF SERVICE.—The date of service 

5 made by certified or registered mail is the date of 

6 mailing. 

7 ‘‘(c) SERVING AGENTS.—Service on an agent des8 ignated under this section shall be made at the office or 

9 usual place of residence of the agent. If an air carrier or 

10 foreign air carrier does not have a designated agent, serv11 ice may be made by posting the notice, process, or action 

12 in the office of the Under Secretary. 

13 ‘‘§ 1704. Evidence 

14 ‘‘(a) GENERAL.—In conducting a hearing or inves15 tigation under this chapter, the Under Secretary for Bor16 der and Transportation Security may—

17 ‘‘(1) subpoena witnesses and records related to 

18 a matter involved in the hearing or investigation 

19 from any place in the United States to the des20 ignated place of the hearing or investigation; 

21 ‘‘(2) administer oaths; 

22 ‘‘(3) examine witnesses; and 

23 ‘‘(4) receive evidence at a place in the United 

24 States the Under Secretary designates. 
156

•HR 2144 IH 

1 ‘‘(b) COMPLIANCE WITH SUBPOENAS.—If a person 

2 disobeys a subpoena, the Under Secretary, or a party to 

3 a proceeding before the Under Secretary may petition a 

4 court of the United States to enforce the subpoena. A judi5 cial proceeding to enforce a subpoena under this section 

6 may be brought in the jurisdiction in which the proceeding 

7 or investigation is conducted. The court may punish a fail8 ure to obey an order of the court to comply with the sub9 poena as a contempt of court. 

10 ‘‘(c) DEPOSITIONS.—

11 ‘‘(1) ORDER.—In a proceeding or investigation, 

12 the Under Secretary may order a person to give tes13 timony by deposition and to produce records. If a 

14 person fails to be deposed or to produce records, the 

15 order may be enforced in the same way a subpoena 

16 may be enforced under subsection (b). 

17 ‘‘(2) PERSON TAKING.—A deposition may be 

18 taken before an individual designated by the Under 

19 Secretary and having the power to administer oaths. 

20 ‘‘(3) NOTICE.—Before taking a deposition, the 

21 party or the attorney of the party proposing to take 

22 the deposition must give reasonable notice in writing 

23 to the opposing party or the attorney of record of 

24 that party. The notice shall state the name of the 
157

•HR 2144 IH 

1 witness and the time and place of taking the deposi2 tion. 

3 ‘‘(4) UNDER OATH; TRANSCRIPT.—The testi4 mony of a person deposed under this subsection 

5 shall be under oath. The person taking the deposi6 tion shall prepare, or cause to be prepared, a tran7 script of the testimony taken. The transcript shall be 

8 subscribed by the deponent. Each deposition shall be 

9 filed promptly with the Under Secretary. 

10 ‘‘(5) SPECIAL RULES FOR FOREIGN COUN11 TRIES.—If the laws of a foreign country allow, the 

12 testimony of a witness in that country may be taken 

13 by deposition—

14 ‘‘(A) by a consular officer or an individual 

15 commissioned by the Under Secretary or agreed 

16 on by the parties by written stipulation filed 

17 with the Under Secretary; or 

18 ‘‘(B) under letters rogatory issued by a 

19 court of competent jurisdiction at the request of 

20 the Under Secretary. 

21 ‘‘(d) WITNESS FEES AND MILEAGE AND CERTAIN

22 FOREIGN COUNTRY EXPENSES.—A witness summoned 

23 before the Under Secretary or whose deposition is taken 

24 under this section and the individual taking the deposition 

25 are each entitled to the same fee and mileage that the 
158

•HR 2144 IH 

1 witness and individual would have been paid for those 

2 services in a court of the United States. Under regulations 

3 of the Under Secretary, the Under Secretary shall pay the 

4 necessary expenses incident to executing, in another coun5 try, a commission or letter rogatory issued at the initiative 

6 of the Under Secretary. 

7 ‘‘(e) DESIGNATING EMPLOYEES TO CONDUCT HEAR8 INGS.—When designated by the Under Secretary, an em9 ployee appointed under section 3105 of title 5 may con10 duct a hearing, subpoena witnesses, administer oaths, ex11 amine witnesses, and receive evidence at a place in the 

12 United States the Under Secretary designates. On request 

13 of a party, the Under Secretary shall hear or receive argu14 ment. 

15 ‘‘§ 1705. Regulations and orders 

16 ‘‘(a) EFFECTIVENESS OF ORDERS.—Except as pro17 vided in this part, a regulation prescribed or order issued 

18 by the Under Secretary for Border and Transportation Se19 curity with respect to security duties and powers des20 ignated to be carried out by the Under Secretary takes 

21 effect within a reasonable time prescribed by the Under 

22 Secretary. The regulation or order remains in effect under 

23 its own terms or until superseded. Except as provided in 

24 this part, the Under Secretary may amend, modify, or sus-
159

•HR 2144 IH 

1 pend an order in the way, and by giving the notice, the 

2 Under Secretary decides. 

3 ‘‘(b) CONTENTS AND SERVICE OF ORDERS.—An 

4 order of the Under Secretary shall include the findings 

5 of fact on which the order is based and shall be served 

6 on the parties to the proceeding and the persons affected 

7 by the order. 

8 ‘‘§ 1706. Certificate actions in response to a security 

9 threat 

10 ‘‘(a) ORDERS.—The Administrator of Federal Avia11 tion Administration shall issue an order amending, modi12 fying, suspending, or revoking any part of a certificate 

13 issued under this title if the Administrator is notified by 

14 the Under Secretary for Border and Transportation Secu15 rity that the holder of the certificate poses, or is suspected 

16 of posing, a risk of air piracy or terrorism or a threat 

17 to airline or passenger safety. If requested by the Under 

18 Secretary, the order shall be effective immediately. 

19 ‘‘(b) HEARINGS FOR CITIZENS.—An individual who 

20 is a citizen of the United States who is adversely affected 

21 by an order of the Administrator under subsection (a) is 

22 entitled to a hearing on the record. 

23 ‘‘(c) HEARINGS.—When conducting a hearing under 

24 this section, the administrative law judge shall not be 
160

•HR 2144 IH 

1 bound by findings of fact or interpretations of laws and 

2 regulations of the Administrator or the Under Secretary. 

3 ‘‘(d) APPEALS.—An appeal from a decision of an ad4 ministrative law judge as the result of a hearing under 

5 subsection (b) shall be made to the Transportation Secu6 rity Oversight Board established by section 1312. The 

7 Board shall establish a panel to review the decision. The 

8 members of this panel (1) shall not be employees of the 

9 Transportation Security Administration, (2) shall have the 

10 level of security clearance needed to review the determina11 tion made under this section, and (3) shall be given access 

12 to all relevant documents that support that determination. 

13 The panel may affirm, modify, or reverse the decision. 

14 ‘‘(e) JUDICIAL REVIEW.—A person substantially af15 fected by an action of a panel under subsection (d), or 

16 the Under Secretary when the Under Secretary decides 

17 that the action of the panel under this section will have 

18 a significant adverse impact on carrying out this part, may 

19 obtain judicial review of the order under section 1710. The 

20 Under Secretary and the Administrator shall be made a 

21 party to the judicial review proceedings. Findings of fact 

22 of the panel are conclusive if supported by substantial evi23 dence. 

24 ‘‘(f) EXPLANATION OF DECISIONS.—An individual 

25 who commences an appeal under this section shall receive 
161

•HR 2144 IH 

1 a written explanation of the basis for the determination 

2 or decision and all relevant documents that support that 

3 determination to the maximum extent that the national 

4 security interests of the United States and other applica5 ble laws permit.

6 ‘‘(g) CLASSIFIED EVIDENCE.—

7 ‘‘(1) IN GENERAL.—The Under Secretary, in 

8 consultation with the Administrator, shall issue reg9 ulations to establish procedures by which the Under 

10 Secretary, as part of a hearing conducting under 

11 this section, may substitute an unclassified summary 

12 of classified evidence upon the approval of the ad13 ministrative law judge. 

14 ‘‘(2) APPROVAL AND DISAPPROVAL OF SUM15 MARIES.—Under the procedures, an administrative 

16 law judge shall—

17 ‘‘(A) approve a summary if the judge finds 

18 that it is sufficient to enable the certificate 

19 holder to appeal an order issued under sub20 section (a); or 

21 ‘‘(B) disapprove a summary if the judge 

22 finds that it is not sufficient to enable the cer23 tificate holder to appeal such an order. 

24 ‘‘(3) MODIFICATIONS.—If an administrative law 

25 judge disapproves a summary under paragraph 
162

•HR 2144 IH 

1 (2)(B), the judge shall direct the Under Secretary to 

2 modify the summary and resubmit the summary for 

3 approval. 

4 ‘‘(4) INSUFFICIENT MODIFICATIONS.—If an ad5 ministrative law judge is unable to approve a modi6 fied summary, the order issued under subsection (a) 

7 that is the subject of the hearing shall be set aside 

8 unless the judge finds that such a result—

9 ‘‘(A) would likely cause serious and irrep10 arable harm to the national security; or 

11 ‘‘(B) would likely cause death or serious 

12 bodily injury to any person. 

13 ‘‘(5) SPECIAL PROCEDURES.—If an administra14 tive law judge makes a finding under subparagraph 

15 (A) or (B) of paragraph (4), the hearing shall pro16 ceed without an unclassified summary provided to 

17 the certificate holder. In such a case, subject to pro18 cedures established by regulation by the Under Sec19 retary in consultation with the Administrator, the 

20 administrative law judge shall appoint a special at21 torney to assist the accused by—

22 ‘‘(A) reviewing in camera the classified evi23 dence; and 
163

•HR 2144 IH 

1 ‘‘(B) challenging, through an in camera 

2 proceeding, the veracity of the evidence con3 tained in the classified information.’’. 

4 ‘‘§ 1707. Enforcement by Transportation Security Ad5 ministration 

6 ‘‘The Under Secretary for Border and Transpor7 tation Security may bring a civil action against a person 

8 in a district court of the United States to enforce this part 

9 or a requirement or regulation prescribed, or an order or 

10 any term of a certificate or permit issued, under this part. 

11 The action may be brought in the judicial district in which 

12 the person does business or the violation occurred. 

13 ‘‘§ 1708. Enforcement by Attorney General 

14 ‘‘(a) CIVIL ACTIONS TO ENFORCE THIS PART.—

15 ‘‘(1) IN GENERAL.—On request of the Under 

16 Secretary for Border and Transportation Security, 

17 the Attorney General may bring a civil action in an 

18 appropriate court—

19 ‘‘(A) to enforce this part or a requirement 

20 or regulation prescribed, or an order or any 

21 term of a certificate or permit issued, under 

22 this part; and 

23 ‘‘(B) to prosecute a person violating this 

24 part or a requirement or regulation prescribed, 
164

•HR 2144 IH 

1 or an order or any term of a certificate or per2 mit issued, under this part. 

3 ‘‘(2) PAYMENT OF COSTS AND EXPENSES.—The 

4 costs and expenses of a civil action shall be paid out 

5 of the appropriations for the expenses of the courts 

6 of the United States. 

7 ‘‘(c) PARTICIPATION OF SECRETARY, UNDER SEC8 RETARY, OR ADMINISTRATOR.—On request of the Attor9 ney General, the Secretary of Homeland Security, the 

10 Under Secretary, the Administrator of the Transportation 

11 Security Administration, or the Administrator of the Fed12 eral Aviation Administration may participate in a civil ac13 tion under this part. 

14 ‘‘§ 1709. Joinder and intervention 

15 ‘‘A person interested in or affected by a matter under 

16 consideration in a proceeding before the Under Secretary 

17 for Border and Transportation Security or civil action to 

18 enforce this part or a requirement or regulation pre19 scribed, or an order or any term of a certificate or permit 

20 issued, under this part may be joined as a party or per21 mitted to intervene in the proceeding or civil action. 

22 ‘‘§ 1710. Judicial review 

23 ‘‘(a) FILING AND VENUE.—A person disclosing a 

24 substantial interest in an order issued by the Under Sec25 retary for Border and Transportation Security with re-
165

•HR 2144 IH 

1 spect to security duties and powers designated to be car2 ried out by the Under Secretary under this part may apply 

3 for review of the order by filing a petition for review in 

4 the United States Court of Appeals for the District of Co5 lumbia Circuit or in the court of appeals of the United 

6 States for the circuit in which the person resides or has 

7 its principal place of business. The petition must be filed 

8 not later than 60 days after the order is issued. The court 

9 may allow the petition to be filed after the 60th day only 

10 if there are reasonable grounds for not filing by the 60th 

11 day. 

12 ‘‘(b) JUDICIAL PROCEDURES.—When a petition is 

13 filed under subsection (a), the clerk of the court imme14 diately shall send a copy of the petition to the Under Sec15 retary. The Under Secretary shall file with the court a 

16 record of any proceeding in which the order was issued, 

17 as provided in section 2112 of title 28. 

18 ‘‘(c) AUTHORITY OF COURT.—When the petition is 

19 sent to the Under Secretary, the court has exclusive juris20 diction to affirm, amend, modify, or set aside any part 

21 of the order and may order the Under Secretary to con22 duct further proceedings. After reasonable notice to the 

23 Under Secretary, the court may grant interim relief by 

24 staying the order or taking other appropriate action when 

25 good cause for its action exists. Findings of fact by the 
166

•HR 2144 IH 

1 Under Secretary, if supported by substantial evidence, are 

2 conclusive. 

3 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re4 viewing an order under this section, the court may con5 sider an objection to an order of the Secretary of Home6 land Security, the Under Secretary, or the Administrator 

7 of the Transportation Security Administration only if the 

8 objection was made in the proceeding conducted by the 

9 Secretary, the Under Secretary, or the Administrator or 

10 if there was a reasonable ground for not making the objec11 tion in the proceeding. 

12 ‘‘(e) SUPREME COURT REVIEW.—A decision by a 

13 court under this section may be reviewed only by the Su14 preme Court under section 1254 of title 28. 

15 ‘‘CHAPTER 19—PENALTIES

‘‘Sec. 

‘‘1901. Civil penalties. 

‘‘1902. Carrying a weapon. 

‘‘1903. Liens on aircraft. 

‘‘1904. Actions to recover civil penalties. 

‘‘1905. Unlawful disclosure of information. 

‘‘1906. Refusing to appear or produce records. 

‘‘1907. Entering aircraft or airport area in violation of security requirements. 

‘‘1908. General criminal penalty when specific penalty not provided.

16 ‘‘§ 1901. Civil penalties 

17 ‘‘(a) GENERAL PENALTY.—

18 ‘‘(1) VIOLATIONS OF CHAPTER 15.—A person is 

19 liable to the United States Government for a civil 

20 penalty of not more than $10,000 for violating—
167

•HR 2144 IH 

1 ‘‘(A) chapter 15 (except sections 1502, 

2 1503(d), 1504, 1507(a)–(d)(1)(A) and 

3 (d)(1)(C)–(f), and 1508) or another require4 ment under this part administered by the 

5 Under Secretary for Border and Transportation 

6 Security; 

7 ‘‘(B) a regulation prescribed or order 

8 issued under any provision to which subpara9 graph (A) applies. 

10 ‘‘(2) VIOLATIONS BY PILOTS.—A person oper11 ating an aircraft for the transportation of pas12 sengers or property for compensation (except an air13 man serving as an airman) is liable to the Govern14 ment for a civil penalty of not more than $25,000 

15 for violating—

16 ‘‘(A) chapter 15 (except sections 1502, 

17 1503(d), 1504, and 1507–1509) or another re18 quirement under this title administered by the 

19 Under Secretary; or 

20 ‘‘(B) a regulation prescribed or order 

21 issued under any provision to which subpara22 graph (A) applies. 

23 ‘‘(3) OCCURRENCE OF SEPARATE VIOLATION.—

24 A separate violation occurs under this subsection for 
168

•HR 2144 IH 

1 each day the violation continues or, if applicable, for 

2 each flight involving the violation. 

3 ‘‘(b) ADMINISTRATIVE IMPOSITION OF PENALTIES.—

4 ‘‘(1) IN GENERAL.—The Under Secretary for 

5 Border and Transportation Security may impose a 

6 civil penalty for a violation of chapter 15 (except 

7 sections 1502, 1503(d), 1507(a)–(d)(1)(A), 

8 1507(d)(1)(C)–(f), 1508, and 1509) or a regulation 

9 prescribed or order issued under this part. The 

10 Under Secretary shall give written notice of the find11 ing of a violation and the penalty. 

12 ‘‘(2) LIMITATION ON REVIEW.—In a civil action 

13 to collect a civil penalty imposed by the Under Sec14 retary under this subsection, the issues of liability 

15 and the amount of the penalty may not be reexam16 ined. 

17 ‘‘(3) EXCLUSION JURISDICTION OF DISTRICT

18 COURT.—Notwithstanding paragraph (1), the dis19 trict courts of the United States have exclusive juris20 diction of a civil action involving a penalty the 

21 Under Secretary initiates if—

22 ‘‘(A) the amount in controversy is more 

23 than $50,000; 
169

•HR 2144 IH 

1 ‘‘(B) the action is in rem or another action 

2 in rem based on the same violation has been 

3 brought; 

4 ‘‘(C) the action involves an aircraft subject 

5 to a lien that has been seized by the Govern6 ment; or 

7 ‘‘(D) another action has been brought for 

8 an injunction based on the same violation. 

9 ‘‘(4) MAXIMUM AMOUNT.—The maximum civil 

10 penalty the Under Secretary may impose under this 

11 subsection is $50,000. 

12 ‘‘(5) PROCEDURAL RULES FOR PILOTS, FLIGHT

13 ENGINEERS, MECHANICS, AND REPAIRMEN.—

14 ‘‘(A) NOTICE OF CHANGES AND REA15 SONS.—The Under Secretary may issue an 

16 order imposing a penalty under this subsection 

17 against an individual acting as a pilot, flight 

18 engineer, mechanic, or repairman only after ad19 vising the individual of the charges or any rea20 son the Under Secretary relied on for the pro21 posed penalty and providing the individual an 

22 opportunity to answer the charges and be heard 

23 about why the order shall not be issued. 

24 ‘‘(B) APPEAL TO NTSB.—An individual 

25 acting as a pilot, flight engineer, mechanic, or 
170

•HR 2144 IH 

1 repairman may appeal an order imposing a pen2 alty under this subsection to the National 

3 Transportation Safety Board. After notice and 

4 an opportunity for a hearing on the record, the 

5 Board shall affirm, modify, or reverse the 

6 order. The Board may modify a civil penalty 

7 imposed to a suspension or revocation of a cer8 tificate. 

9 ‘‘(C) HEARINGS OF NTSB.—When con10 ducting a hearing under this paragraph, the 

11 Board is not bound by findings of fact of the 

12 Under Secretary but is bound by all validly 

13 adopted interpretations of laws and regulations 

14 the Under Secretary carries out and of written 

15 agency policy guidance available to the public 

16 related to sanctions to be imposed under this 

17 section unless the Board finds an interpretation 

18 is arbitrary, capricious, or otherwise not accord19 ing to law. 

20 ‘‘(D) STAY OF ORDER PENDING APPEAL.—

21 When an individual files an appeal with the 

22 Board under this paragraph, the order of the 

23 Under Secretary is stayed. 

24 ‘‘(6) JUDICIAL REVIEW.—An individual sub25 stantially affected by an order of the Board under 
171

•HR 2144 IH 

1 paragraph (5), or the Under Secretary when the 

2 Under Secretary decides that an order of the Board 

3 under paragraph (5) will have a significant adverse 

4 impact on carrying out this part, may obtain judicial 

5 review of the order under section. The Under Sec6 retary shall be made a party to the judicial review 

7 proceedings. Findings of fact of the Board are con8 clusive if supported by substantial evidence. 

9 ‘‘(7) PROCEDURAL RULES FOR OTHERS.—

10 ‘‘(A) NOTICE OF OPPORTUNITY FOR HEAR11 ING.—The Under Secretary may impose a pen12 alty on a person (except an individual acting as 

13 a pilot, flight engineer, mechanic, or repairman) 

14 only after notice and an opportunity for a hear15 ing on the record. 

16 ‘‘(B) STANDARDS OF REVIEW.—In an ap17 peal from a decision of an administrative law 

18 judge as the result of a hearing under subpara19 graph (A), the Under Secretary shall consider 

20 only whether—

21 ‘‘(i) each finding of fact is supported 

22 by a preponderance of reliable, probative, 

23 and substantial evidence; 
172

•HR 2144 IH 

1 ‘‘(ii) each conclusion of law is made 

2 according to applicable law, precedent, and 

3 public policy; and 

4 ‘‘(iii) the judge committed a preju5 dicial error that supports the appeal. 

6 ‘‘(C) DEADLINE FOR INITIATION OF CIVIL

7 ACTION.—Except for good cause, a civil action 

8 involving a penalty under this paragraph may 

9 not be initiated later than 2 years after the vio10 lation occurs. 

11 ‘‘(c) COMPROMISE AND SETOFF.—

12 ‘‘(1) COMPROMISE.—The Under Secretary may 

13 compromise the amount of a civil penalty imposed 

14 for violating—

15 ‘‘(A) chapter 15 (except sections 1502, 

16 1503(d), 1504, and 1507–1509) or another re17 quirement under this title administered by the 

18 Under Secretary; or 

19 ‘‘(B) a regulation prescribed or order 

20 issued under any provision to which subpara21 graph (A) applies. 

22 ‘‘(2) SETOFF.—The Government may deduct 

23 the amount of a civil penalty imposed or com24 promised under this subsection from amounts it 

25 owes the person liable for the penalty. 
173

•HR 2144 IH 

1 ‘‘(d) JUDICIAL REVIEW.—An order of the Under Sec2 retary imposing a civil penalty may be reviewed judicially 

3 only under section 1710. 

4 ‘‘(e) NONAPPLICATION TO MILITARY PERSONNEL.—

5 ‘‘(1) IN GENERAL.—This section does not apply 

6 to the following when performing official duties: 

7 ‘‘(A) A member of the armed forces of the 

8 United States. 

9 ‘‘(B) A civilian employee of the Depart10 ment of Defense subject to the Uniform Code 

11 of Military Justice. 

12 ‘‘(2) RESPONSIBILITY OF MILITARY AUTHOR13 ITY.—The appropriate military authority is respon14 sible for taking necessary disciplinary action and 

15 submitting to the Under Secretary. 

16 ‘‘§ 1902. Carrying a weapon 

17 ‘‘(a) CIVIL PENALTY.—An individual who, when on, 

18 or attempting to board, an aircraft in, or intended for op19 eration in, air transportation or intrastate air transpor20 tation, has on or about the individual or the property of 

21 the individual a concealed dangerous weapon that is or 

22 would be accessible to the individual in flight is liable to 

23 the United States Government for a civil penalty of not 

24 more than $10,000 for each violation. 

25 ‘‘(b) COMPROMISE AND SETOFF.—
174

•HR 2144 IH 

1 ‘‘(1) COMPROMISE.—The Under Secretary may 

2 compromise the amount of a civil penalty imposed 

3 under subsection (a). 

4 ‘‘(2) SETOFF.—The Government may deduct 

5 the amount of a civil penalty imposed or com6 promised under this section from amounts it owes 

7 the individual liable for the penalty. 

8 ‘‘(c) NONAPPLICATION.—This section does not apply 

9 to—

10 ‘‘(1) a law enforcement officer of a State or po11 litical subdivision of a State, or an officer or em12 ployee of the Government, authorized to carry arms 

13 in an official capacity; or 

14 ‘‘(2) another individual the Secretary of Home15 land Security, the Under Secretary, or the Adminis16 trator of the Federal Aviation Administration by 

17 regulation authorizes to carry arms in an official ca18 pacity. 

19 ‘‘§ 1903. Liens on aircraft 

20 ‘‘(a) AIRCRAFT SUBJECT TO LIENS.—When an air21 craft is involved in a violation referred to in section 

22 1901(a)(1) or (2) and the violation is by the owner of, 

23 or individual commanding, the aircraft, the aircraft is sub24 ject to a lien for the civil penalty. 
175

•HR 2144 IH 

1 ‘‘(b) SEIZURE.—An aircraft subject to a lien under 

2 this section may be seized summarily and placed in the 

3 custody of a person authorized to take custody of it under 

4 regulations of the Under Secretary for Border and Trans5 portation Security. A report on the seizure shall be sub6 mitted to the Attorney General. The Attorney General 

7 promptly shall bring a civil action in rem to enforce the 

8 lien or notify the Under Secretary that the action will not 

9 be brought. 

10 ‘‘(c) RELEASE.—An aircraft seized under subsection 

11 (b) shall be released from custody when—

12 ‘‘(1) the civil penalty is paid; 

13 ‘‘(2) a compromise amount agreed on is paid; 

14 ‘‘(3) the aircraft is seized under a civil action 

15 in rem to enforce the lien; 

16 ‘‘(4) the Attorney General gives notice that a 

17 civil action will not be brought under subsection (b); 

18 or 

19 ‘‘(5) a bond (in an amount and with a surety 

20 the Under Secretary prescribes), conditioned on pay21 ment of the penalty or compromise, is deposited with 

22 the Under Secretary. 

23 ‘‘§ 1904. Actions to recover civil penalties 

24 ‘‘A civil penalty under this chapter may be collected 

25 by bringing a civil action against the person subject to 
176

•HR 2144 IH 

1 the penalty, a civil action in rem against an aircraft sub2 ject to a lien for a penalty, or both. The action shall con3 form as nearly as practicable to a civil action in admiralty, 

4 regardless of the place an aircraft in a civil action in rem 

5 is seized. However, a party may demand a jury trial of 

6 an issue of fact in an action involving a civil penalty under 

7 this chapter if the value of the matter in controversy is 

8 more than $20. Issues of fact tried by a jury may be reex9 amined only under common law rules. 

10 ‘‘§ 1905. Unlawful disclosure of information 

11 ‘‘(a) CRIMINAL PENALTY.—The Under Secretary for 

12 Border and Transportation Security or an officer or em13 ployee of the Under Secretary shall be fined under title 

14 18, imprisoned for not more than 2 years, or both, if the 

15 Under Secretary, officer, or employee knowingly and will16 fully discloses information that—

17 ‘‘(1) the Under Secretary, officer, or employee 

18 acquires when inspecting the records of an air car19 rier; or 

20 ‘‘(2) is withheld from public disclosure under 

21 section 40115. 

22 ‘‘(b) NONAPPLICATION.—Subsection (a) does not 

23 apply if—
177

•HR 2144 IH 

1 ‘‘(1) the officer or employee is directed by the 

2 Under Secretary to disclose information that the 

3 Under Secretary had ordered withheld; or 

4 ‘‘(2) the Under Secretary, officer, or employee 

5 is directed by a court of competent jurisdiction to 

6 disclose the information. 

7 ‘‘(c) WITHHOLDING INFORMATION FROM CON8 GRESS.—This section does not authorize the Under Sec9 retary to withhold information from a committee of Con10 gress authorized to have the information. 

11 ‘‘§ 1906. Refusing to appear or produce records 

12 ‘‘A person not obeying a subpoena or requirement of 

13 the Under Secretary for Border and Transportation Secu14 rity to appear and testify or produce records shall be fined 

15 under title 18, imprisoned for not more than one year, 

16 or both. 

17 ‘‘§ 1907. Entering aircraft or airport area in violation 

18 of security requirements 

19 ‘‘(a) PROHIBITION.—A person may not knowingly 

20 and willfully enter, in violation of security requirements 

21 prescribed under section 1501, 1503(b) or (c), or 1506, 

22 an aircraft or an airport area that serves an air carrier 

23 or foreign air carrier. 

24 ‘‘(b) CRIMINAL PENALTY.—
178

•HR 2144 IH 

1 ‘‘(1) IN GENERAL.—A person violating sub2 section (a) shall be fined under title 18, imprisoned 

3 for not more than one year, or both. 

4 ‘‘(2) SPECIAL RULE FOR INTENT TO COMMIT

5 FELONY.—A person violating subsection (a) with in6 tent to commit, in the aircraft or airport area, a fel7 ony under a law of the United States or a State 

8 shall be fined under title 18, imprisoned for not 

9 more than 10 years, or both. 

10 ‘‘§ 1908. General criminal penalty when specific pen11 alty not provided 

12 ‘‘(a) CRIMINAL PENALTY.—Except as provided by 

13 subsection (b), when another criminal penalty is not pro14 vided under this chapter, a person that knowingly and 

15 willfully violates this part, a regulation prescribed or order 

16 issued by the Under Secretary for Border and Transpor17 tation Security under this part, or any term of a certificate 

18 or permit issued under this part, shall be fined under title 

19 18. A separate violation occurs for each day the violation 

20 continues. 

21 ‘‘(b) NONAPPLICATION.—Subsection (a) does not 

22 apply to chapter 15 (except sections 1502, 1503(d), 1504, 

23 and 1507–1509).
179

•HR 2144 IH 

1 ‘‘CHAPTER 21—AVIATION SECURITY 

2 FUNDING

‘‘Sec. 

‘‘2101. Aviation security funding.

3 ‘‘§ 2101. Aviation security funding 

4 ‘‘(a) IN GENERAL.—There are authorized to be ap5 propriated for fiscal years 2002, 2003, 2004, and 2005 

6 such sums as may be necessary to carry out this part and 

7 related aviation security activities under this title. Any 

8 amounts appropriated pursuant to this section for fiscal 

9 year 2002 shall remain available until expended. 

10 ‘‘(b) GRANTS FOR AIRCRAFT SECURITY.—There is 

11 authorized to be appropriated $500,000,000 to make 

12 grants to or other agreements with air carriers (including 

13 intrastate air carriers) to—

14 ‘‘(1) fortify cockpit doors to deny access from 

15 the cabin to the pilots in the cockpit; 

16 ‘‘(2) provide for the use of video monitors or 

17 other devices to alert the cockpit crew to activity in 

18 the passenger cabin; 

19 ‘‘(3) ensure continuous operation of the aircraft 

20 transponder in the event the crew faces an emer21 gency; and 

22 ‘‘(4) provide for the use of other innovative 

23 technologies to enhance aircraft security.’’. 
180

•HR 2144 IH 

1 (b) TRAINING TO OPERATE CERTAIN AIRCRAFT.—

2 Notwithstanding subsection (f), section 44939 of title 49, 

3 United States Code, shall remain in effect through the 

4 60th day following the date of enactment of this Act. Sec5 tion 1539, as added by section 3 of this Act, shall not 

6 take effect until the day following such 60 day. 

7 (c) POSITION OF ADMINISTRATOR IN EXECUTIVE

8 SCHEDULE.—

9 (1) IN GENERAL.—Section 5313 of title 5, 

10 United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘Administrator of the Transportation Security 

13 Administration of the Department of Homeland Se14 curity.’’. 

15 (2) CONFORMING AMENDMENT TO TITLE 5.—

16 Section 5313 of title 5, United States Code, is 

17 amended by striking ‘‘The Under Secretary of 

18 Transportation for Security’’. 

19 (d) CHANGE OF CERTAIN NOTICE TO AIRMEN.—The 

20 Federal Aviation Administration’s Flight Data Center No21 tice to Airmen 3/1862 shall have no effect, and the Admin22 istrator of the Federal Aviation Administration shall re23 place such notice with a new notice to airmen to reflect 

24 section 1524 of title 49, United States Code. 

25 (e) SECURITY SERVICE FEE.—Title 49 is amended—
181

•HR 2144 IH 

1 (1) in section 44940(a)(1)—

2 (A) by striking ‘‘of Transportation for Se3 curity’’ and inserting ‘‘for Border and Trans4 portation Security of the Department of Home5 land Security’’; 

6 (B) in subparagraph (A) by striking 

7 ‘‘44901’’ and inserting ‘‘1501’’; 

8 (C) in subparagraph (F) by striking 

9 ‘‘44903’’ and inserting ‘‘1503’’; 

10 (D) in subparagraph (G) by striking 

11 ‘‘44903(h)’’ and inserting ‘‘1503(h)’’; 

12 (E) by inserting after subparagraph (G) 

13 the following: 

14 ‘‘(H) The costs of training pilots and flight 

15 attendants under sections 1518 and 1521. 

16 ‘‘(I) The costs of airport security improve17 ment projects under section 1525.’’; and 

18 (F) by striking ‘‘44922’’ and inserting 

19 ‘‘1522’’; 

20 (2) in section 44940(d)(4) by inserting after 

21 ‘‘imposed’’ the following: ‘‘, including the cost of ful22 filling letters of intent issued under section 1525,’’; 

23 (3) in section 44940(h) by striking ‘‘44901’’ 

24 and inserting ‘‘1501’’; 
182

•HR 2144 IH 

1 (4) by redesignating section 44940 (as so 

2 amended) as section 1540; 

3 (5) by moving such redesignated section from 

4 subtitle VII to subtitle II; and 

5 (6) by inserting such redesignated section after 

6 section 1539 (as inserted by subsection (a) of this 

7 section). 

8 (f) REPEAL OF RESTATED PROVISIONS.—The fol9 lowing provisions are repealed: 

10 (1) Section 114 and the item relating to such 

11 section in the analysis for chapter 1. 

12 (2) Section 115 and the item relating to such 

13 section in the analysis for chapter 1. 

14 (3) Chapter 449. 

15 (4) Chapter 483 and the item relating to such 

16 chapter in the analysis for subtitle VII. 

17 (5) Sections 101(c)(2) and 111(d) of the Avia18 tion and Transportation Security Act (5 U.S.C. 

19 5313 note, 49 U.S.C. 44935 note). 

20 (6) Sections 352 and 367 of the Transportation 

21 and Related Agencies Appropriations Act, 2003 

22 (Public Law 108–7, div. I; 117 Stat. 410, 423). 

23 (7) Sections 302 and 310 of the Federal Avia24 tion Reauthorization Act of 1996 (49 U.S.C. 44935 

25 note and 44904 note; 110 Stat. 3250, 3253). 
183

•HR 2144 IH 

1 (g) TECHNICAL AMENDMENT.—Section 132(a) of the 

2 Aviation and Transportation Security Act (49 U.S.C. 

3 44903; 115 Stat. 635–636) is amended by striking 

4 ‘‘12,500 pounds or more’’ and inserting ‘‘more than 

5 12,500 pounds’’. 

6 SEC. 102. AMENDMENTS TO CHAPTER 1. 

7 Section 106(g) is amended—

8 (1) by striking ‘‘(1) Except as provided in para9 graph (2) of this subsection, the Administrator’’ and 

10 inserting ‘‘The Administrator’’; 

11 (2) by striking paragraph (2); 

12 (3) by redesignating subparagraphs (A) and 

13 (B) as paragraphs (1) and (2), respectively; and 

14 (4) in paragraph (1) (as so redesignated)—

15 (A) by striking ‘‘chapter 449 (except sec16 tions 44903(d), 44904, 44905, 44907–44911, 

17 44913, 44915, and 44931–44934),’’; and 

18 (B) by striking ‘‘and 46313–46316,’’ and 

19 inserting ‘‘46313, 46315, and 46316,’’. 

20 SEC. 103. AMENDMENT TO CHAPTER 3. 

21 The second sentence of section 326(a) is amended by 

22 striking ‘‘aviation duties and powers’’ and inserting ‘‘the 

23 duties and powers of the Department’’. 
184

•HR 2144 IH 

1 SEC. 104. AMENDMENT TO CHAPTER 337. 

2 Section 337, and the item relating to such section in 

3 the analysis for chapter 3, are repealed. 

4 SEC. 105. AMENDMENTS TO CHAPTER 401. 

5 (a) LIMITATION ON RESTRICTIONS ON USE OF AIR6 SPACE FOR SECURITY REASONS.—Section 40103 is 

7 amended by adding at the end the following: 

8 ‘‘(f) LIMITATION ON RESTRICTIONS ON USE OF AIR9 SPACE FOR SECURITY REASONS.—The Administrator 

10 shall not impose any restriction on the use of airspace for 

11 security reasons unless the restriction is approved by the 

12 Under Secretary for Border and Transportation Secu13 rity.’’. 

14 (b) EMERGENCY POWERS.—Section 40106 is amend15 ed by adding at the end the following: 

16 ‘‘(c) SUSPENSIONS.—Notwithstanding section 

17 40105(b) and subsection (b) of this section, the Secretary 

18 of Transportation, with the approval of the Secretary of 

19 State and without notice or a hearing, shall suspend the 

20 right of an air carrier or foreign air carrier to provide for21 eign air transportation, and the right of a person to oper22 ate aircraft in foreign air commerce, to or from a foreign 

23 airport when the Secretary of Transportation decides 

24 that—
185

•HR 2144 IH 

1 ‘‘(1) a condition exists that threatens the safety 

2 of passengers, aircraft, or crew traveling to or from 

3 that airport; and 

4 ‘‘(2) the public interest requires an immediate 

5 suspension of transportation between the United 

6 States and that airport.’’. 

7 (c) AUTHORITY TO EXEMPT.—

8 (1) SAFETY REGULATION.—Section 40109(b) is 

9 amended to read as follows: 

10 ‘‘(b) SAFETY REGULATION.—The Administrator of 

11 the Federal Aviation Administration may grant an exemp12 tion from a regulation prescribed by the Administrator in 

13 carrying out sections 40103(b)(1), 40103(b)(2), and 

14 40119 if the Administrator decides the exemption is in 

15 the public interest.’’. 

16 (2) ECONOMIC REGULATION.—Section 40109(c) 

17 is amended by striking ‘‘sections 44909 and 

18 46301(b)’’ and inserting ‘‘section 46301(b)’’. 

19 (d) FAA ACQUISITION MANAGEMENT SYSTEM.—Sec20 tion 40110(d) is amended by inserting after paragraph (4) 

21 the following: 

22 ‘‘(5) APPEALS.—Any appeal of a decision made 

23 under the acquisition system developed under this 

24 subsection shall be conducted in accordance with 

25 section 46110.’’. 
186

•HR 2144 IH 

1 (e) ADMINISTRATIVE.—Section 40113 is amended—

2 (1) in subsection (a)—

3 (A) by striking ‘‘the Under Secretary of 

4 Transportation for Security with respect to se5 curity duties and powers designated to be car6 ried out by the Under Secretary or’’; and 

7 (B) by striking ‘‘, Under Secretary,’’; and 

8 (2) in subsection (d)—

9 (A) by striking ‘‘Under Secretary of 

10 Transportation for Security or the’’; 

11 (B) by striking ‘‘Transportation Security 

12 Administration’’; 

13 (C) by striking ‘‘, as the case may be,’’ 

14 each place it appears; and 

15 (D) by striking ‘‘Under Secretary or’’. 

16 (f) SECURITY AND RESEARCH AND DEVELOPMENT

17 ACTIVITIES.—Section 40119(a) is amended by striking 

18 ‘‘of Transportation for Security’’ and inserting ‘‘for Bor19 der and Transportation Security of the Department of 

20 Homeland Security’’. 

21 SEC. 106. AMENDMENTS TO CHAPTER 411. 

22 (a) IN GENERAL.—Chapter 411 is amended by add23 ing at the end the following: 

24 ‘‘§ 41114. Passenger manifests 

25 ‘‘(a) AIR CARRIER REQUIREMENTS.—
187

•HR 2144 IH 

1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation shall require each air carrier to provide a pas3 senger manifest for a flight to an appropriate rep4 resentative of the Secretary of State—

5 ‘‘(A) not later than one hour after that 

6 carrier is notified of an aviation disaster outside 

7 the United States involving that flight; or 

8 ‘‘(B) if it is not technologically feasible or 

9 reasonable to comply with subparagraph (A), 

10 then as expeditiously as possible, but not later 

11 than 3 hours after the carrier is so notified. 

12 ‘‘(2) CONTENTS OF PASSENGER MANIFEST.—

13 The passenger manifest should include the following 

14 information: 

15 ‘‘(A) The full name of each passenger. 

16 ‘‘(B) The passport number of each pas17 senger, if required for travel. 

18 ‘‘(C) The name and telephone number of a 

19 contact for each passenger. 

20 ‘‘(3) CONSIDERATION.—In carrying out this 

21 subsection, the Secretary of Transportation shall 

22 consider the necessity and feasibility of requiring air 

23 carriers to collect passenger manifest information as 

24 a condition for passengers boarding a flight of the 

25 carrier. 
188

•HR 2144 IH 

1 ‘‘(b) FOREIGN AIR CARRIER REQUIREMENTS.—The 

2 Secretary of Transportation shall consider imposing a re3 quirement on foreign air carriers comparable to that im4 posed on air carriers under paragraphs (1) and (2) of sub5 section (a).’’. 

6 (b) CONFORMING AMENDMENT.—The analysis for 

7 chapter 411 is amended by adding at the end the fol8 lowing:

‘‘§ 41114. Passenger manifests.’’.

9 SEC. 107. AMENDMENT TO CHAPTER 443. 

10 The heading to subsection (a) of section 44303 of 

11 title 49, United States Code, is amended by striking ‘‘GEN12 ERAL’’ and inserting ‘‘GENERAL’’. 

13 SEC. 108. AMENDMENTS TO CHAPTER 445. 

14 Section 44501(c)(2)(B)(i) and subsections (a)(1)(A), 

15 (a)(2), and (e)(1) of section 44508 are each amended by 

16 striking ‘‘, 44511–44513, and 44912’’ and inserting ‘‘, 

17 and 44511–44513’’. 

18 SEC. 109. AMENDMENTS TO CHAPTER 461. 

19 Chapter 461 is amended—

20 (1) in each of sections 46101(a)(1), 46102(a), 

21 46103(a), 46104(a), 46105(a), 46106, 46107(b), 

22 and 46110(a) by striking ‘‘the Under Secretary of 

23 Transportation for Security with respect to security 

24 duties and powers designated to be carried out by 

25 the Under Secretary or’’; 
189

•HR 2144 IH 

1 (2) by striking ‘‘, Under Secretary,’’ each place 

2 it appears; and 

3 (3) in each of sections 46102(d) and 46104(b) 

4 by striking ‘‘the Under Secretary,’’. 

5 SEC. 110. AMENDMENTS TO CHAPTER 463. 

6 Chapter 463 is amended—

7 (1) in section 46301(a)(1)(A) by striking 

8 ‘‘chapter 449 (except sections 44902, 44903(d), 

9 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 

10 44908,)’’; 

11 (2) in section 46301(a)(2)(A)—

12 (A) by inserting ‘‘or’’ after ‘‘or (c),’’; and 

13 (B) by striking ‘‘, or chapter 449 (except 

14 sections 44902, 44903(d), 44904, and 44907–

15 44909)’’; 

16 (3) in section 46301(a)(4) by striking ‘‘41715’’ 

17 each place it appears and inserting ‘‘41719’’; 

18 (4) by striking section 46301(a)(8); 

19 (5) in section 46301(c)(1)(A)—

20 (A) by inserting ‘‘or’’ after ‘‘419,’’; and 

21 (B) by striking ‘‘, or section 44909’’ and 

22 inserting ‘‘, or section 41114’’; 

23 (6) in section 46301(d)—

24 (A) by striking the second sentence of 

25 paragraph (2); 
190

•HR 2144 IH 

1 (B) by striking ‘‘Under Secretary or’’ each 

2 place it appears in paragraphs (2), (3), and (4); 

3 and 

4 (C) by striking ‘‘Under Secretary, Admin5 istrator,’’ in paragraph (8) and inserting ‘‘Ad6 ministrator’’; 

7 (7) in section 46301(f)(1)(A)(i) by striking ‘‘, 

8 chapter 449 (except sections 44902, 44903(d), 

9 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 

10 44908, and 44909)’’; 

11 (8) in each of sections 46301(h)(2), 46313, and 

12 46316(a) by striking ‘‘the Under Secretary of 

13 Transportation for Security with respect to security 

14 duties and powers designated to be carried out by 

15 the Under Secretary or’’ and inserting ‘‘or the 

16 Under Secretary for Border and Transportation Se17 curity of the Department of Homeland Security’’; 

18 (9) in section 46303(c)(2) by striking ‘‘or the 

19 Under Secretary of Transportation for Security’’ 

20 and inserting ‘‘or the Under Secretary for Border 

21 and Transportation Security of the Department of 

22 Homeland Security’’; 

23 (10) in section 46311(a)—

24 (A) by striking ‘‘the Under Secretary of 

25 Transportation for Security with respect to se-
191

•HR 2144 IH 

1 curity duties and powers designated to be car2 ried out by the Under Secretary,’’; 

3 (B) by striking ‘‘, Under Secretary,’’ the 

4 first place it appears; and 

5 (C) by striking ‘‘, Under Secretary,’’ the 

6 second and third places it appears and inserting 

7 a comma; 

8 (11) in each of subsections (b)(1) and (c) of 

9 section 46311 by striking ‘‘, Under Secretary,’’ each 

10 place it appears; 

11 (12) in section 46311(b)(2) by striking ‘‘Under 

12 Secretary,’’; 

13 (13) by striking section 46314 and the item re14 lating to such section in the analysis for such chap15 ter; and 

16 (14) in section 46316(b)—

17 (A) by inserting ‘‘and’’ after ‘‘445,’’; and 

18 (B) by striking ‘‘, and chapter 449 (except 

19 sections 44902, 44903(d), 44904, and 44907–

20 44909)’’.

21 SEC. 111. AMENDMENTS TO CHAPTER 465. 

22 (a) CHAPTER ANALYSIS.—The analysis for chapter 

23 465 is amended—

24 (1) by striking ‘‘46503. Repealed.’’; and 
192

•HR 2144 IH 

1 (2) in the item relating to section 46503 by 

2 striking ‘‘screening’’. 

3 (b) INTERFERENCE WITH SECURITY PERSONNEL.—

4 Section 46503 is amended—

5 (1) in the section heading by striking 

6 ‘‘screening’’; and 

7 (2) in the first sentence by striking ‘‘or air car8 rier employee’’ and inserting ‘‘air carrier, or contract 

9 employee’’. 

10 (c) CARRYING A WEAPON OR EXPLOSIVE ON AN AIR11 CRAFT.—Section 46505(d)(2) is amended by striking ‘‘of 

12 Transportation for’’ and inserting ‘‘for Border and Trans13 portation’’. 

14 SEC. 112. AMENDMENTS TO CHAPTER 471. 

15 (a) ALLOWABLE PROJECT COSTS.—Section 

16 47110(b)(2) is amended by aligning subparagraph (D) 

17 with subparagraph (B). 

18 (b) DISCRETIONARY FUND.—Section 47115(i) is 

19 amended by striking ‘‘non-federal’’ each place it appears 

20 and inserting ‘‘non-Federal’’. 

21 SEC. 113. AMENDMENT TO CHAPTER 481. 

22 Section 48107 is amended by striking 

23 ‘‘44912(a)(4)(A)’’ and inserting ‘‘44912(a)(5)(A)’’. 
193

•HR 2144 IH 

1 SEC. 114. AMENDMENTS TO AVIATION AND TRANSPOR2 TATION SECURITY ACT. 

3 (a) PERIMETER SECURITY FOR SMALL AND MEDIUM

4 AIRPORTS.—Section 106(b) of the Aviation and Transpor5 tation Security Act (49 U.S.C. 44903 note; 115 Stat. 609) 

6 is amended—

7 (1) in paragraph (1) by striking ‘‘of Transpor8 tation for Security’’ and inserting ‘‘Border and 

9 Transportation Security of the Department of 

10 Homeland Security’’; 

11 (2) in paragraph (2)(A) by striking ‘‘described 

12 in paragraph (1)’’; and 

13 (3) in paragraph (2)(B) by striking ‘‘Secretary’’ 

14 and inserting ‘‘Under Secretary’’. 

15 (b) TRUSTED PASSENGER PROGRAMS.—Section 

16 109(a)(3) of the Aviation and Transportation Security Act 

17 (49 U.S.C. 114 note; 115 Stat. 613) is amended by insert18 ing ‘‘(and their property)’’ after ‘‘passengers’’ each place 

19 it appears. 

20 (c) EXPEDITED PROCESSING OF SECURITY-RELATED

21 PFC REQUESTS.—Section 119(c) of the Aviation and 

22 Transportation Security Act (115 Stat. 629) is amended 

23 by striking ‘‘47192(3)(J)’’ and inserting ‘‘47102(3)(J)’’. 

24 (d) GENERAL AVIATION AND AIR CHARTERS.—Sec25 tion 132(a) of the Aviation and Transportation Security 

26 Act (49 U.S.C. 44903 note; 115 Stat. 635) is amended 
194

•HR 2144 IH 

1 by striking ‘‘12,500 pounds or more’’ and inserting ‘‘more 

2 than 12,500 pounds’’. 

3 (e) LOCATION OF AMENDMENTS.—Effective Novem4 ber 19, 2001—

5 (1) section 123(a) of the Aviation and Trans6 portation Security Act (115 Stat. 630) is amended 

7 by inserting ‘‘of title 49, United States Code,’’ after 

8 ‘‘Section 47106(f)’’; 

9 (2) section 124(b) of such Act (115 Stat. 631) 

10 is amended by inserting ‘‘of title 49, United States 

11 Code,’’ after ‘‘Section 44306(c)’’; and 

12 (3) section 144 of such Act (115 Stat. 643) is 

13 amended by inserting ‘‘of title 49, United States 

14 Code,’’ after ‘‘Section 44303’’. 

15 (f) REFERENCES TO UNDER SECRETARY.—The 

16 Aviation and Transportation Security Act (115 Stat. 597 

17 et seq.) is further amended—

18 (1) in section 106(b)(1) by striking ‘‘Under 

19 Secretary of Transportation for Security’’ and in20 serting ‘‘Under Secretary for Border and Transpor21 tation Security’’; 

22 (2) in section 106(b)(2)(B) by striking ‘‘Sec23 retary’’ and inserting ‘‘Under Secretary’’; 

24 (3) in section 106(e) by striking ‘‘Under Sec25 retary of Transportation for Security’’ and inserting 
195

•HR 2144 IH 

1 ‘‘Under Secretary for Border and Transportation 

2 Security’’; 

3 (4) in section 109(a) by striking ‘‘Under Sec4 retary of Transportation for Security’’ and inserting 

5 ‘‘Under Secretary for Border and Transportation 

6 Security’’; 

7 (5) in section 132(a) by striking ‘‘Under Sec8 retary of Transportation for Transportation Secu9 rity’’ and inserting ‘‘Under Secretary for Border and 

10 Transportation Security’’; 

11 (6) in section 135(1) by striking ‘‘Under Sec12 retary of Transportation for Security’’ and inserting 

13 ‘‘Under Secretary for Border and Transportation 

14 Security’’; 

15 (7) in section 137(b) by striking ‘‘Under Sec16 retary of Transportation for Security’’ and inserting 

17 ‘‘Under Secretary for Border and Transportation 

18 Security’’; and 

19 (8) in section 141(b)(2) by striking ‘‘Under 

20 Secretary of Transportation for Security’’ and in21 serting ‘‘Under Secretary for Border and Transpor22 tation Security’’. 
196

•HR 2144 IH 

1 SEC. 115. AMENDMENT TO TITLE 5, UNITED STATES CODE. 

2 Section 8331(3)(E)(ii) of title 5, United States Code, 

3 is amended by striking ‘‘Department of Transportation’’ 

4 and inserting ‘‘Department of Homeland Security’’.

5 TITLE II—MISCELLANEOUS 

6 PROVISIONS 

7 SEC. 201. EXEMPTION FOR CHARTER OPERATIONS TO PRO8 VIDE TRANSPORTATION FOR THE ARMED 

9 FORCES. 

10 (a) IN GENERAL.—The provisions of this Act and the 

11 Aviation and Transportation Security Act (P.L. 107–71), 

12 including the amendments made by such Acts, shall not 

13 apply to the operation of, or to the passengers and prop14 erty carried by, aircraft when employed to provide charter 

15 transportation for the Armed Forces, except for an oper16 ation to or from an airport described in section 1503(c) 

17 of title 49, United States Code. For an operation to or 

18 from an airport described in section 1503(c) of such title, 

19 the screening, and passenger manifest provisions of such 

20 Acts, including the amendments made by such Acts, shall 

21 not apply to passengers and property carried by such air22 craft. 

23 (b) SECURITY PROCEDURES.—The Secretary of De24 fense, in consultation with the Under Secretary for Border 

25 and Transportation Security of the Department of Home26 land Security, shall establish security procedures relating 
197

•HR 2144 IH 

1 to the operation of such aircraft to or from an airport de2 scribed in section 1503(c) of title 49, United States Code. 

3 SEC. 202. CHARTER FLIGHTS AT RONALD REAGAN WASH4 INGTON NATIONAL AIRPORT. 

5 Not later than 30 days after the date enactment of 

6 this Act, the Under Secretary for Border and Transpor7 tation Security of the Department of Homeland Security 

8 shall issue regulations allowing nonscheduled air carriers 

9 to operate at Ronald Reagan Washington National Airport 

10 under a security program approved by the Under Sec11 retary . 

12 SEC. 203. PILOT PROGRAM FOR CARGO SECURITY. 

13 (a) IN GENERAL.—The Under Secretary for Border 

14 and Transportation Security of the Department of Home15 land Security shall conduct a pilot program to assess the 

16 capabilities of the private sector in performing audits, in17 vestigations, and inspections of the facilities of indirect 

18 cargo air carrier, and in screening and providing secure 

19 transportation of goods for such facilities without imped20 ing the flow of commerce. Such program shall be con21 ducted at not less than 10 facilities representing different 

22 sizes and types of indirect cargo air carrier facilities. 

23 (b) DURATION.—The Under Secretary shall initiate 

24 the program under subsection (a) not later than 3 months 
198

•HR 2144 IH 

1 following the date of enactment of this Act and shall con2 duct the program for a period of 12 months. 

3 (c) REPORT TO CONGRESS.—Following completion of 

4 the program, the Under Secretary shall report to the Com5 mittee on Commerce, Science and Transportation of the 

6 Senate and the Committee on Transportation and Infra7 structure of the House of Representatives. 

8 (d) INDIRECT CARGO AIR CARRIER DEFINED.—In 

9 this section, the term ‘‘indirect cargo air carrier’’ means 

10 a person subject to regulation under part 296 or 297 of 

11 title 14 of the Code of Federal Regulations. 

12 SEC. 204. TRUSTED TRAVELER PROGRAM. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the Under Secretary for Border and Transpor15 tation Security of the Department of Homeland Security 

16 shall implement a trusted traveler, registered traveler, or 

17 similar program. In carrying out the program, the Under 

18 Secretary shall begin by establishing the credentials of air19 port and air carrier employees.

20 SEC. 205. THREATS TO UNITED STATES AIRPORTS. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Under Secretary for Border and Transpor23 tation Security of the Department of Homeland Security, 

24 after consultation with the Federal Bureau of Investiga25 tion and other Federal law enforcement and intelligence 
199

•HR 2144 IH 

1 agencies, shall transmit to the Committee on Transpor2 tation and Infrastructure of the House of Representatives 

3 and the Committee on Commerce, Science, and Transpor4 tation of the Senate a report that identifies and analyzes 

5 security threats faced by United States airports, describes 

6 federally mandated security measures taken to date that 

7 address the defined threats, and makes recommendations 

8 for future measures to address other identified security 

9 risks. The Under Secretary may transmit the report in 

10 classified and unclassified parts. 

11 SEC. 206. BLAST-RESISTANT CARGO CONTAINER TECH12 NOLOGY. 

13 Not later than 6 months after the date of enactment 

14 of this Act, the Under Secretary for Border and Transpor15 tation Security of the Department of Homeland Security 

16 and the Administrator of the Federal Aviation Adminis17 tration shall jointly transmit to Congress a report that—

18 (1) evaluates blast-resistant cargo container 

19 technology to protect against explosives in passenger 

20 luggage and cargo on passenger aircraft; 

21 (2) examines the advantages associated with 

22 this technology in preventing the damage and loss of 

23 aircraft from terrorist action, any operational im24 pacts which may result (particularly added weight 

25 and costs), whether alternatives exist to mitigate 
200

•HR 2144 IH 

1 such impacts, and options available to pay for this 

2 technology; and 

3 (3) provides recommendations on what further 

4 action, if any, should be taken with respect to the 

5 use of blast-resistant cargo containers on passenger 

6 aircraft. 

7 SEC. 207. ALLOCATIONS OF PASSENGER AND BAGGAGE 

8 SCREENING PERSONNEL AND EQUIPMENT. 

9 Not later than 30 days after the date of enactment 

10 of this Act, the Administrator of the Transportation Secu11 rity Administration shall transmit to Congress a report 

12 describing the methodology and planning of the Adminis13 trator for future allocations of passenger and baggage 

14 screening personnel and equipment at airports in the 

15 United States. The Administrator may transmit the report 

16 in classified form. 

17 SEC. 208. REIMBURSEMENT OF AIR CARRIERS FOR CER18 TAIN SCREENING AND RELATED ACTIVITIES. 

19 The Under Secretary for Border and Transportation 

20 Security of the Department of Homeland Security, within 

21 available resources, shall reimburse air carriers and air22 ports for the following: 

23 (1) All screening and related activities that the 

24 air carriers or airports are still performing or con25 tinuing to be responsible for, including—
201

•HR 2144 IH 

1 (A) the screening of catering supplies; 

2 (B) checking documents at security check3 points; 

4 (C) screening of passengers; and 

5 (D) screening of persons with access to 

6 aircraft. 

7 (2) The provision of space and facilities used to 

8 perform screening functions if such space and facili9 ties have been previously used, or were intended to 

10 be used, for revenue-producing purposes.

Æ