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107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–296

AVIATION AND TRANSPORTATION SECURITY ACT

NOVEMBER 16, 2001.—Ordered to be printed

Mr. YOUNG of Alaska, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany S. 1447]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the House to the bill (S. 1447),

to improve aviation security, and for other purposes, having met,

after full and free conference, have agreed to recommend and do

recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the House

amendment, insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Aviation and Transportation Security Act’’.

TITLE I—AVIATION SECURITY

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.

(a) IN GENERAL.—Chapter 1 of title 49, United States Code, is

amended by adding at the end the following:

‘‘§ 114. Transportation Security Administration

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

shall be an administration of the Department of Transportation.

‘‘(b) UNDER SECRETARY.—

‘‘(1) APPOINTMENT.—The head of the Administration shall

be the Under Secretary of Transportation for Security. The

Under Secretary shall be appointed by the President, by and

with the advice and consent of the Senate.

‘‘(2) QUALIFICATIONS.—The Under Secretary must—

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

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‘‘(B) have experience in a field directly related to transportation or security.

‘‘(3) TERM.—The term of office of an individual appointed

as the Under Secretary shall be 5 years.

‘‘(c) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The

Under Secretary may not own stock in or bonds of a transportation

or security enterprise or an enterprise that makes equipment that

could be used for security purposes.

‘‘(d) FUNCTIONS.—The Under Secretary shall be responsible for

security in all modes of transportation, including—

‘‘(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and

‘‘(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation.

‘‘(e) SCREENING OPERATIONS.—The Under Secretary shall—

‘‘(1) be responsible for day-to-day Federal security screening

operations for passenger air transportation and intrastate air

transportation under sections 44901 and 44935;

‘‘(2) develop standards for the hiring and retention of security screening personnel;

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

‘‘(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States

where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other

appropriate Federal agencies and departments.

‘‘(f) ADDITIONAL DUTIES AND POWERS.—In addition to carrying

out the functions specified in subsections (d) and (e), the Under Secretary shall—

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

related to transportation security;

‘‘(2) assess threats to transportation;

‘‘(3) develop policies, strategies, and plans for dealing with

threats to transportation security;

‘‘(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States

Government;

‘‘(5) serve as the primary liaison for transportation security

to the intelligence and law enforcement communities;

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

guidance to the field security resources of the Administration,

including Federal Security Managers as provided by section

44933;

‘‘(7) enforce security-related regulations and requirements;

‘‘(8) identify and undertake research and development activities necessary to enhance transportation security;

‘‘(9) inspect, maintain, and test security facilities, equipment, and systems;

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

transportation of cargo;

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

of security measures at airports and other transportation facilities;

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‘‘(12) require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel; ‘‘(13) work in conjunction with the Administrator of the

Federal Aviation Administration with respect to any actions or

activities that may affect aviation safety or air carrier operations; ‘‘(14) work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign air transportation; and ‘‘(15) carry out such other duties, and exercise such other

powers, relating to transportation security as the Under Secretary considers appropriate, to the extent authorized by law.

‘‘(g) NATIONAL EMERGENCY RESPONSIBILITIES.— ‘‘(1) IN GENERAL.—Subject to the direction and control of

the Secretary, the Under Secretary, during a national emergency, shall have the following responsibilities: ‘‘(A) To coordinate domestic transportation, including

aviation, rail, and other surface transportation, and maritime transportation (including port security). ‘‘(B) To coordinate and oversee the transportation-related responsibilities of other departments and agencies of

the Federal Government other than the Department of Defense and the military departments. ‘‘(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including

departments and agencies for transportation, law enforcement, and border control, about threats to transportation. ‘‘(D) To carry out such other duties, and exercise such

other powers, relating to transportation during a national

emergency as the Secretary shall prescribe.

‘‘(2) AUTHORITY OF OTHER DEPARTMENTS AND AGENCIES.— The authority of the Under Secretary under this subsection

shall not supersede the authority of any other department or

agency of the Federal Government under law with respect to

transportation or transportation-related matters, whether or not

during a national emergency. ‘‘(3) CIRCUMSTANCES.—The Secretary shall prescribe the

circumstances constituting a national emergency for purposes of

this subsection.

‘‘(h) MANAGEMENT OF SECURITY INFORMATION.—In consultation

with the Transportation Security Oversight Board, the Under Secretary shall—

‘‘(1) enter into memoranda of understanding with Federal

agencies or other entities to share or otherwise cross-check as

necessary data on individuals identified on Federal agency

databases who may pose a risk to transportation or national security; ‘‘(2) establish procedures for notifying the Administrator of

the Federal Aviation Administration, appropriate State and

local law enforcement officials, and airport or airline security

officers of the identity of individuals known to pose, or susVerDate 11-MAY-2000 05:43 Nov 17, 2001 Jkt 076166 PO 00000 Frm 00003 Fmt 6659 Sfmt 6603 E:\HR\OC\HR296.XXX pfrm07 PsN: HR296
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pected of posing, a risk of air piracy or terrorism or a threat

to airline or passenger safety;

‘‘(3) in consultation with other appropriate Federal agencies

and air carriers, establish policies and procedures requiring air

carriers—

‘‘(A) to use information from government agencies to

identify individuals on passenger lists who may be a threat

to civil aviation or national security; and

‘‘(B) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual

from boarding an aircraft, or take other appropriate action

with respect to that individual; and

‘‘(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose

of identifying individuals who may pose a threat to aviation

safety or national security.

‘‘(i) VIEW OF NTSB.—In taking any action under this section

that could affect safety, the Under Secretary shall give great weight

to the timely views of the National Transportation Safety Board.

‘‘(j) ACQUISITIONS.—

‘‘(1) IN GENERAL.—The Under Secretary is authorized—

‘‘(A) to acquire (by purchase, lease, condemnation, or

otherwise) such real property, or any interest therein, within and outside the continental United States, as the Under

Secretary considers necessary;

‘‘(B) to acquire (by purchase, lease, condemnation, or

otherwise) and to construct, repair, operate, and maintain

such personal property (including office space and patents),

or any interest therein, within and outside the continental

United States, as the Under Secretary considers necessary;

‘‘(C) to lease to others such real and personal property

and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain and operate equipment for these facilities;

‘‘(D) to acquire services, including such personal services as the Secretary determines necessary, and to acquire

(by purchase, lease, condemnation, or otherwise) and to

construct, repair, operate, and maintain research and testing sites and facilities; and

‘‘(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and

development facilities of the Federal Aviation Administration.

‘‘(2) TITLE.—Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.

‘‘(k) TRANSFERS OF FUNDS.—The Under Secretary is authorized

to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term

is defined in section 551(1) of title 5) to carry out functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act, by law to the Under Secretary.

‘‘(l) REGULATIONS.—

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‘‘(1) IN GENERAL.—The Under Secretary is authorized to

issue, rescind, and revise such regulations as are necessary to

carry out the functions of the Administration. ‘‘(2) EMERGENCY PROCEDURES.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or executive order (including an executive order

requiring a cost-benefit analysis), if the Under Secretary determines that a regulation or security directive must be

issued immediately in order to protect transportation security, the Under Secretary shall issue the regulation or security directive without providing notice or an opportunity for

comment and without prior approval of the Secretary. ‘‘(B) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT

BOARD.—Any regulation or security directive issued under

this paragraph shall be subject to review by the Transportation Security Oversight Board established under section

115. Any regulation or security directive issued under this

paragraph shall remain effective unless disapproved by the

Board or rescinded by the Under Secretary.

‘‘(3) FACTORS TO CONSIDER.—In determining whether to

issue, rescind, or revise a regulation under this section, the

Under Secretary shall consider, as a factor in the final determination, whether the costs of the regulation are excessive in relation to the enhancement of security the regulation will provide. The Under Secretary may waive requirements for an analysis that estimates the number of lives that will be saved by the

regulation and the monetary value of such lives if the Under

Secretary determines that it is not feasible to make such an estimate.‘‘(4) AIRWORTHINESS OBJECTIONS BY FAA.— ‘‘(A) IN GENERAL.—The Under Secretary shall not take

an aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the

Under Secretary that the action could adversely affect the

airworthiness of an aircraft.

‘‘(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the Under Secretary may take such an action, after receiving a notification concerning the action

from the Administrator under subparagraph (A), if the Secretary of Transportation subsequently approves the action. ‘‘(m) PERSONNEL AND SERVICES; COOPERATION BY UNDER SECRETARY.—

‘‘(1) AUTHORITY OF UNDER SECRETARY.—In carrying out the

functions of the Administration, the Under Secretary shall have

the same authority as is provided to the Administrator of the

Federal Aviation Administration under subsections (l) and (m)

of section 106.

‘‘(2) AUTHORITY OF AGENCY HEADS.—The head of a Federal

agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Under Secretary as the head has to provide services, supplies, equipment,

personnel, and facilities to the Administrator of the Federal

Aviation Administration under section 106(m).

‘‘(n) PERSONNEL MANAGEMENT SYSTEM.—The personnel management system established by the Administrator of the Federal

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Aviation Administration under section 40122 shall apply to employees of the Transportation Security Administration, or, subject to the

requirements of such section, the Under Secretary may make such

modifications to the personnel management system with respect to

such employees as the Under Secretary considers appropriate, such

as adopting aspects of other personnel systems of the Department of

Transportation. ‘‘(o) ACQUISITION MANAGEMENT SYSTEM.—The acquisition management system established by the Administrator of the Federal

Aviation Administration under section 40110 shall apply to acquisitions of equipment, supplies, and materials by the Transportation

Security Administration, or, subject to the requirements of such section, the Under Secretary may make such modifications to the acquisition management system with respect to such acquisitions of

equipment, supplies, and materials as the Under Secretary considers appropriate, such as adopting aspects of other acquisition

management systems of the Department of Transportation. ‘‘(p) AUTHORITY OF INSPECTOR GENERAL.—The Transportation

Security Administration shall be subject to the Inspector General

Act of 1978 (5 U.S.C. App.) and other laws relating to the authority

of the Inspector General of the Department of Transportation. ‘‘(q) LAW ENFORCEMENT POWERS.— ‘‘(1) IN GENERAL.—The Under Secretary may designate an

employee of the Transportation Security Administration to serve

as a law enforcement officer. ‘‘(2) POWERS.—While engaged in official duties of the Administration as required to fulfill the responsibilities under this

section, a law enforcement officer designated under paragraph

(1) may—

‘‘(A) carry a firearm;

‘‘(B) make an arrest without a warrant for any offense

against the United States committed in the presence of the

officer, or for any felony cognizable under the laws of the

United States if the officer has probable cause to believe

that the person to be arrested has committed or is committing the felony; and

‘‘(C) seek and execute warrants for arrest or seizure of

evidence issued under the authority of the United States

upon probable cause that a violation has been committed.

‘‘(3) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority provided by this subsection shall be exercised in accordance

with guidelines prescribed by the Under Secretary, in consultation with the Attorney General of the United States, and shall

include adherence to the Attorney General’s policy on use of

deadly force.

‘‘(4) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Under

Secretary has not complied with the guidelines prescribed in

paragraph (3) and conveys the determination in writing to the

Secretary of Transportation and the Under Secretary.

‘‘(r) AUTHORITY TO EXEMPT.—The Under Secretary may grant

an exemption from a regulation prescribed in carrying out this section if the Under Secretary determines that the exemption is in the

public interest.’’.

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(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of

such title is amended by adding at the end the following:

‘‘114. Transportation Security Administration.’’.

(c) POSITION OF UNDER SECRETARY IN EXECUTIVE SCHEDULE.— (1) IN GENERAL.—Section 5313 of title 5, United States

Code, is amended by adding at the end the following: ‘‘The Under Secretary of Transportation for Security.’’. (2) BONUS ELIGIBILITY.—In addition to the annual rate of

pay authorized by section 5313 of title 5, United States Code,

the Under Secretary may receive a bonus for any calendar year

not to exceed 30 percent of the annual rate of pay, based on the

Secretary’s evaluation of the Under Secretary’s performance.

(3) CONFORMING CHANGE.—Section 106(r)(2)(A) of title 49,

United States Code, is amended to read as follows: ‘‘(A) IN GENERAL.—The Chief Operating Officer shall be

paid at an annual rate of basic pay to be determined by the

Administrator, with the approval of the Air Traffic Services

Subcommittee of the Aviation Management Advisory Council. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating

Officer shall be subject to the post-employment provisions of

section 207 of title 18 as if the position of Chief Operating

Officer were described in section 207(c)(2)(A)(i) of that

title.’’. (d) COOPERATION WITH OTHER AGENCIES.—The last sentence of

section 106(m) of such title is amended by striking ‘‘supplies and’’ and inserting ‘‘supplies, personnel, services, and’’. (e) SECURITY AND RESEARCH AND DEVELOPMENT ACTIVITIES.— Section 40119 of such title is amended— (1) in subsection (a) by striking ‘‘Administrator of the Federal Aviation Administration’’ and inserting ‘‘Under Secretary

of Transportation for Security’’;

(2) in subsections (b) and (c) by striking ‘‘Administrator’’ each place it appears and inserting ‘‘Under Secretary’’; and

(3) in subsection (b)(1)(C) by striking ‘‘air’’.

(f) REFERENCES TO FAA IN CHAPTER 449.—Chapter 449 of such

title is amended—

(1) in section 44904(b)(5) by striking ‘‘the Administration’’

and inserting ‘‘the Transportation Security Administration’’;

(2) in the second sentence of section 44913(a)(1) by striking

‘‘of the Administration’’ and inserting ‘‘of the Transportation Security Administration’’;

(3) in section 44916(a)—

(A) in the first sentence by striking ‘‘Administrator’’

and inserting ‘‘Under Secretary of Transportation for Security’’; and

(B) in the second sentence by striking ‘‘Administration’’

and inserting ‘‘Transportation Security Administration’’;

(4) in each of sections 44933(a) and 44934(b) by striking

‘‘Assistant Administrator for Civil Aviation Security’’ and inserting ‘‘Under Secretary’’;

(5) in section 44934(b)(1) by striking ‘‘Assistant Administrator’’ and inserting ‘‘Under Secretary’’;

(6) by striking sections 44931 and 44932 and the items relating to such sections in the analysis for such chapter;

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(7) by striking ‘‘Administrator’’ each place it appears in

such chapter (except in subsections (f) and (h) of section 44936)

and inserting ‘‘Under Secretary’’;

(8) by striking ‘‘Administrator’s’’ each place it appears in

such chapter and inserting ‘‘Under Secretary’s’’; and

(9) by striking ‘‘of the Federal Aviation Administration’’ each place it appears in such chapter (except in section

44936(f)) and inserting ‘‘of Transportation for Security’’. (g) TRANSITION PROVISIONS.— (1) SCHEDULE FOR ASSUMPTION OF CIVIL AVIATION SECU- RITY FUNCTIONS.—Not later than 3 months after the date of enactment of this Act, the Under Secretary of Transportation for

Security shall assume civil aviation security functions and responsibilities under chapter 449 of title 49, United States Code,

as amended by this Act, in accordance with a schedule to be developed by the Secretary of Transportation, in consultation with

air carriers, foreign air carriers, and the Administrator of the

Federal Aviation Administration. The Under Secretary shall

publish an appropriate notice of the transfer of such security

functions and responsibilities before assuming the functions

and responsibilities.

(2) ASSUMPTION OF CONTRACTS.—As of the date specified in

paragraph (1), the Under Secretary may assume the rights and

responsibilities of an air carrier or foreign air carrier contract

for provision of passenger screening services at airports in the

United States described in section 44903(c), subject to payment

of adequate compensation to parties to the contract, if any.

(3) ASSIGNMENT OF CONTRACTS.— (A) IN GENERAL.—Upon request of the Under Secretary,

an air carrier or foreign air carrier carrying out a screening or security function under chapter 449 of title 49,

United States Code, may enter into an agreement with the

Under Secretary to transfer any contract the carrier has entered into with respect to carrying out the function, before

the Under Secretary assumes responsibility for the function.

(B) SCHEDULE.—The Under Secretary may enter into

an agreement under subparagraph (A) as soon as possible,

but not later than 90 days after the date of enactment of

this Act. The Under Secretary may enter into such an

agreement for one 180-day period and may extend such

agreement for one 90-day period if the Under Secretary determines it necessary.

(4) TRANSFER OF OWNERSHIP.—In recognition of the assumption of the financial costs of security screening of passengers and property at airports, and as soon as practical after

the date of enactment of this Act, air carriers may enter into

agreements with the Under Secretary to transfer the ownership,

at no cost to the United States Government, of any personal

property, equipment, supplies, or other material associated with

such screening, regardless of the source of funds used to acquire

the property, that the Secretary determines to be useful for the

performance of security screening of passengers and property at

airports.

(5) PERFORMANCE OF UNDER SECRETARY’S FUNCTIONS DURING INTERIM PERIOD.—Until the Under Secretary takes office,

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the functions of the Under Secretary that relate to aviation security may be carried out by the Secretary or the Secretary’s

designee.

SEC. 102. TRANSPORTATION SECURITY OVERSIGHT BOARD.

(a) IN GENERAL.—Chapter 1 of title 49, United States Code, is

amended by adding at the end the following:

‘‘§ 115. Transportation Security Oversight Board

‘‘(a) IN GENERAL.—There is established in the Department of

Transportation a board to be known as the ‘Transportation Security

Oversight Board’.

‘‘(b) MEMBERSHIP.—

‘‘(1) NUMBER AND APPOINTMENT.—The Board shall be composed of 7 members as follows:

‘‘(A) The Secretary of Transportation, or the Secretary’s

designee.

‘‘(B) The Attorney General, or the Attorney General’s

designee.

‘‘(C) The Secretary of Defense, or the Secretary’s designee.

‘‘(D) The Secretary of the Treasury, or the Secretary’s

designee.

‘‘(E) The Director of the Central Intelligence Agency, or

the Director’s designee.

‘‘(F) One member appointed by the President to represent the National Security Council.

‘‘(G) One member appointed by the President to represent the Office of Homeland Security.

‘‘(2) CHAIRPERSON.—The Chairperson of the Board shall be

the Secretary of Transportation.

‘‘(c) DUTIES.—The Board shall—

‘‘(1) review and ratify or disapprove any regulation or security directive issued by the Under Secretary of Transportation

for security under section 114(l)(2) within 30 days after the date

of issuance of such regulation or directive;

‘‘(2) facilitate the coordination of intelligence, security, and

law enforcement activities affecting transportation;

‘‘(3) facilitate the sharing of intelligence, security, and law

enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;

‘‘(4) explore the technical feasibility of developing a common

database of individuals who may pose a threat to transportation or national security;

‘‘(5) review plans for transportation security;

‘‘(6) make recommendations to the Under Secretary regarding matters reviewed under paragraph (5).

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

quarterly.

‘‘(e) CONSIDERATION OF SECURITY INFORMATION.—A majority of

the Board may vote to close a meeting of the Board to the public,

except that meetings shall be closed to the public whenever classified, sensitive security information, or information protected in accordance with section 40119(b), will be discussed.’’.

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(b) POLICIES AND PROCEDURES.—Section 44911(b) of such title

is amended by striking ‘‘international’’.

(c) STRATEGIC PLANNING.—Section 44911(c) of such title is

amended by striking ‘‘consider placing’’ and inserting ‘‘place’’.

(d) CONFORMING AMENDMENT.—The analysis for chapter 1 of

such title is amended by adding at the end the following:

‘‘115. Transportation Security Oversight Board.’’.

SEC. 103. FEDERAL SECURITY MANAGERS.

Section 44933 of title 49, United States Code, is amended to

read as follows:

‘‘§ 44933. Federal Security Managers

‘‘(a) ESTABLISHMENT, DESIGNATION, AND STATIONING.—The

Under Secretary of Transportation for Security shall establish the

position of Federal Security Manager at each airport in the United

States described in section 44903(c). The Under Secretary shall designate individuals as Managers for, and station those Managers at,

those airports.

‘‘(b) DUTIES AND POWERS.—The Manager at each airport

shall—

‘‘(1) oversee the screening of passengers and property at the

airport; and

‘‘(2) carry out other duties prescribed by the Under Secretary.’’.

SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

(a) IN GENERAL.—As soon as possible after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall—

(1) issue an order (without regard to the provisions of chapter 5 of title 5, United States Code)—

(A) prohibiting access to the flight deck of aircraft engaged in passenger air transportation or intrastate air

transportation that are required to have a door between the

passenger and pilot compartments under title 14, Code of

Federal Regulations, except to authorized persons;

(B) requiring the strengthening of the flight deck door

and locks on any such aircraft operating in air transportation or intrastate air transportation that has a rigid door

in a bulkhead between the flight deck and the passenger

area to ensure that the door cannot be forced open from the

passenger compartment;

(C) requiring that such flight deck doors remain locked

while any such aircraft is in flight except when necessary

to permit access and egress by authorized persons; and

(D) prohibiting the possession of a key to any such

flight deck door by any member of the flight crew who is

not assigned to the flight deck; and

(2) take such other action, including modification of safety

and security procedures and flight deck redesign, as may be

necessary to ensure the safety and security of the aircraft.

(b) IMPLEMENTATION OF OTHER METHODS.—As soon as possible

after such date of enactment, the Administrator of the Federal Aviation Administration may develop and implement methods—

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(1) to use video monitors or other devices to alert pilots in

the flight deck to activity in the cabin, except that the use of

such monitors or devices shall be subject to nondisclosure requirements applicable to cockpit video recordings under section

1114(c);

(2) to ensure continuous operation of an aircraft transponder in the event of an emergency; and

(3) to revise the procedures by which cabin crews of aircraft

can notify flight deck crews of security breaches and other emergencies, including providing for the installation of switches or

other devices or methods in an aircraft cabin to enable flight

crews to discreetly notify the pilots in the case of a security

breach occurring in the cabin.

(c) COMMUTER AIRCRAFT.—The Administrator shall investigate

means of securing the flight deck of scheduled passenger aircraft operating in air transportation or intrastate air transportation that do

not have a rigid fixed door with a lock between the passenger compartment and the flight deck and issue such an order as the Administrator deems appropriate to ensure the inaccessibility, to the greatest extent feasible, of the flight deck while the aircraft is so operating, taking into consideration such aircraft operating in regions

where there is minimal threat to aviation security or national security.

SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

(a) IN GENERAL.—Subchapter I of chapter 449 of title 49,

United States Code, is amended by adding at the end the following:

‘‘§ 44917. Deployment of Federal air marshals

‘‘(a) IN GENERAL.—The Under Secretary of Transportation for

Security under the authority provided by section 44903(d)—

‘‘(1) may provide for deployment of Federal air marshals on

every passenger flight of air carriers in air transportation or

intrastate air transportation;

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

on every such flight determined by the Secretary to present high

security risks;

‘‘(3) shall provide for appropriate training, supervision, and

equipment of Federal air marshals;

‘‘(4) shall require air carriers providing flights described in

paragraph (1) to provide seating for a Federal air marshal on

any such flight without regard to the availability of seats on the

flight and at no cost to the United States Government or the

marshal;

‘‘(5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight

to the airport nearest the marshal’s home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties;

‘‘(6) may enter into agreements with Federal, State, and

local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight

of an air carrier, will carry a firearm and be prepared to assist

Federal air marshals;

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‘‘(7) shall establish procedures to ensure that Federal air

marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft; and

‘‘(8) may appoint—

‘‘(A) an individual who is a retired law enforcement officer;

‘‘(B) an individual who is a retired member of the

Armed Forces; and

‘‘(C) an individual who has been furloughed from an

air carrier crew position in the 1-year period beginning on

September 11, 2001;

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

otherwise meets the background and fitness qualifications required for Federal air marshals.

‘‘(b) LONG DISTANCE FLIGHTS.—In making the determination

under subsection (a)(2), nonstop, long distance flights, such as those

targeted on September 11, 2001, should be a priority.

‘‘(c) INTERIM MEASURES.—Until the Under Secretary completes

implementation of subsection (a), the Under Secretary may use,

after consultation with and concurrence of the heads of other Federal agencies and departments, personnel from those agencies and

departments, on a nonreimbursable basis, to provide air marshal

service.’’.

(b) CONFORMING AMENDMENT.—The analysis for chapter 449 of

such title is amended by adding after the item relating to section

44916 the following:

‘‘44917. Deployment of Federal air marshals.’’.

(c) BASIC PAY DEFINED.—Section 8331(3)(E) of title 5, United

States Code, is amended to read as follows:

‘‘(E) availability pay—

‘‘(i) received by a criminal investigator under section 5545a of this title; or

‘‘(ii) received after September 11, 2001, by a Federal air marshal of the Department of Transportation,

subject to all restrictions and earning limitations imposed on criminal investigators under section 5545a;’’.

SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.

(a) IN GENERAL.—Section 44903 of title 49, United States Code,

is amended by adding at the end the following:

‘‘(h) IMPROVED AIRPORT PERIMETER ACCESS SECURITY.—

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

with the airport operator and law enforcement authorities, may

order the deployment of such personnel at any secure area of the

airport as necessary to counter the risk of criminal violence, the

risk of aircraft piracy at the airport, the risk to air carrier aircraft operations at the airport, or to meet national security concerns.

‘‘(2) SECURITY OF AIRCRAFT AND GROUND ACCESS TO SECURE AREAS.—In determining where to deploy such personnel,

the Under Secretary shall consider the physical security needs

of air traffic control facilities, parked aircraft, aircraft servicing

equipment, aircraft supplies (including fuel), automobile parking facilities within airport perimeters or adjacent to secured

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facilities, and access and transition areas at airports served by

other means of ground or water transportation. ‘‘(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PER- SONNEL.—The Secretary may enter into a memorandum of understanding or other agreement with the Attorney General or

the head of any other appropriate Federal law enforcement

agency to deploy Federal law enforcement personnel at an airport in order to meet aviation safety and security concerns. ‘‘(4) AIRPORT PERIMETER SCREENING.—The Under

Secretary—

‘‘(A) shall require, as soon as practicable after the date

of enactment of this subsection, screening or inspection of

all individuals, goods, property, vehicles, and other equipment before entry into a secured area of an airport in the

United States described in section 44903(c); ‘‘(B) shall prescribe specific requirements for such

screening and inspection that will assure at least the same

level of protection as will result from screening of passengers and their baggage; ‘‘(C) shall establish procedures to ensure the safety and

integrity of—‘‘(i) all persons providing services with respect to

aircraft providing passenger air transportation or

intrastate air transportation and facilities of such persons at an airport in the United States described in

section 44903(c); ‘‘(ii) all supplies, including catering and passenger

amenities, placed aboard such aircraft, including the

sealing of supplies to ensure easy visual detection of

tampering; and ‘‘(iii) all persons providing such supplies and facilities of such persons;

‘‘(D) shall require vendors having direct access to the

airfield and aircraft to develop security programs; and

‘‘(E) may provide for the use of biometric or other technology that positively verifies the identity of each employee

and law enforcement officer who enters a secure area of an

airport.’’.

(b) SMALL AND MEDIUM AIRPORTS.— (1) TECHNICAL SUPPORT AND FINANCIAL ASSISTANCE.—The

Under Secretary of Transportation for Security shall develop a

plan to—

(A) provide technical support to airports, each of which

had less than 1 percent of the total annual enplanements

in the United States for the most recent calendar year for

which data is available, to enhance security operations;

and

(B) provide financial assistance to those airports to defray the costs of enhancing security.

(2) REMOVAL OF CERTAIN RESTRICTIONS.— (A) CERTIFICATION BY OPERATOR.—If the operator of an

airport described in paragraph (1), after consultation with

the appropriate State and local law enforcement authorities, determines that safeguards are in place to sufficiently

protect public safety, and so certifies in writing to the

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Under Secretary, then any security rule, order, or other directive restricting the parking of passenger vehicles shall

not apply at that airport after the applicable time period

specified in subparagraph (B), unless the Under Secretary,

taking into account individual airport circumstances, notifies the airport operator that the safeguards in place do not

adequately respond to specific security risks and that the

restriction must be continued in order to ensure public safety.

(B) COUNTERMAND PERIOD.—The time period within

which the Secretary may notify an airport operator, after

receiving a certification under subparagraph (A), that a restriction must be continued in order to ensure public safety

at the airport is— (i) 15 days for a nonhub airport (as defined in section 41714(h) of title 49, United States Code);

(ii) 30 days for a small hub airport (as defined in

such section);

(iii) 60 days for a medium hub airport (as defined

in such section); and

(iv) 120 days for an airport that had at least 1 percent of the total annual enplanements in the United

States for the most recent calendar year for which data

is available.

(c) IMPROVEMENT OF SECURED-AREA ACCESS CONTROL.—Section 44903(g)(2) of title 49, United States Code, is amended— (1) by striking ‘‘weaknesses by January 31, 2001;’’ in subparagraph (A) and inserting ‘‘weaknesses;’’;

(2) by striking subparagraph (D) and inserting the following: ‘‘(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually

findings of the assessments, and assess the effectiveness of

penalties in ensuring compliance with security procedures

and take any other appropriate enforcement actions when

noncompliance is found;’’;

(3) by striking ‘‘program by January 31, 2001;’’ in subparagraph (F) and inserting ‘‘program;’’; and

(4) by striking subparagraph (G) and inserting the following:

‘‘(G) work with airport operators to strengthen access

control points in secured areas (including air traffic control

operations areas, maintenance areas, crew lounges, baggage

handling areas, concessions, and catering delivery areas) to

ensure the security of passengers and aircraft and consider

the deployment of biometric or similar technologies that

identify individuals based on unique personal characteristics.’’.

(d) AIRPORT SECURITY PILOT PROGRAM.—Section 44903(c) of

title 49, United States Code, is amended by adding at the end the

following:‘‘(3) PILOT PROGRAMS.—The Administrator shall establish

pilot programs in no fewer than 20 airports to test and evaluate

new and emerging technology for providing access control and

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ports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.’’. (e) AIRPORT SECURITY AWARENESS PROGRAMS.—The Under Secretary of Transportation for Security shall require scheduled passenger air carriers, and airports in the United States described in

section 44903(c) to develop security awareness programs for airport

employees, ground crews, gate, ticket, and curbside agents of the air

carriers, and other individuals employed at such airports.

SEC. 107. CREW TRAINING.

(a) IN GENERAL.—Subchapter I of chapter 449 of title 49,

United States Code, is amended by adding at the end the following:

‘‘§ 44918. Crew training

‘‘(a) IN GENERAL.—Not later than 60 days after the date of enactment of the Aviation and Transportation Security Act, the Administrator of the Federal Aviation Administration, in consultation

with the Under Secretary of Transportation for Security, appropriate law enforcement, security, and terrorism experts, representatives of air carriers and labor organizations representing individuals employed in commercial aviation, shall develop detailed guidance for a scheduled passenger air carrier flight and cabin crew

training program to prepare crew members for potential threat conditions. ‘‘(b) PROGRAM ELEMENTS.—The guidance shall require such a

program to include, at a minimum, elements that address the following: ‘‘(1) Determination of the seriousness of any occurrence.

‘‘(2) Crew communication and coordination.

‘‘(3) Appropriate responses to defend oneself.

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

the extent such devices are required by the Administrator or

Under Secretary). ‘‘(5) Psychology of terrorists to cope with hijacker behavior

and passenger responses. ‘‘(6) Live situational training exercises regarding various

threat conditions. ‘‘(7) Flight deck procedures or aircraft maneuvers to defend

the aircraft. ‘‘(8) Any other subject matter deemed appropriate by the

Administrator.

‘‘(c) AIR CARRIER PROGRAMS.—Within 60 days after the Administrator issues the guidance under subsection (a) in final form, each

air carrier shall develop a flight and cabin crew training program

in accordance with that guidance and submit it to the Administrator for approval. Within 30 days after receiving an air carrier’s

program under this subsection, the Administrator shall review the

program and approve it or require the air carrier to make any revisions deemed necessary by the Administrator for the program to

meet the guidance requirements.

‘‘(d) TRAINING.—Within 180 days after the Administrator approves the training program developed by an air carrier under this

section, the air carrier shall complete the training of all flight and

cabin crews in accordance with that program.

‘‘(e) UPDATES.—The Administrator shall update the training

guidance issued under subsection (a) from time to time to reflect

16

new or different security threats and require air carriers to revise

their programs accordingly and provide additional training to their

flight and cabin crews.’’. (b) CONFORMING AMENDMENT.—The chapter analysis for chapter 449 of title 49, United States Code, is amended by inserting after

the item relating to section 44917 the following:

‘‘44918. Crew training.’’.

SEC. 108. SECURITY SCREENING BY PRIVATE COMPANIES.

(a) IN GENERAL.—Subchapter I of chapter 449 of title 49,

United States Code, is amended by adding at the end the following:

‘‘§ 44919. Security screening pilot program

‘‘(a) ESTABLISHMENT OF PROGRAM.—The Under Secretary shall

establish a pilot program under which, upon approval of an application submitted by an operator of an airport, the screening of passengers and property at the airport under section 44901 will be carried out by the screening personnel of a qualified private screening

company under a contract entered into with the Under Secretary. ‘‘(b) PERIOD OF PILOT PROGRAM.—The pilot program under this

section shall begin on the last day of the 1-year period beginning

on the date of enactment of this section and end on the last day of

the 3-year period beginning on such date of enactment. ‘‘(c) APPLICATIONS.—An operator of an airport may submit to

the Under Secretary an application to participate in the pilot program under this section. ‘‘(d) SELECTION OF AIRPORTS.—From among applications submitted under subsection (c), the Under Secretary may select for participation in the pilot program not more than 1 airport from each

of the 5 airport security risk categories, as defined by the Under Secretary. ‘‘(e) SUPERVISION OF SCREENED PERSONNEL.—The Under Secretary shall provide Federal Government supervisors to oversee all

screening at each airport participating in the pilot program under

this section and provide Federal Government law enforcement officers at the airport pursuant to this chapter. ‘‘(f) QUALIFIED PRIVATE SCREENING COMPANY.—A private

screening company is qualified to provide screening services at an

airport participating in the pilot program under this section if the

company will only employ individuals to provide such services who

meet all the requirements of this chapter applicable to Federal Government personnel who perform screening services at airports under

this chapter and will provide compensation and other benefits to

such individuals that are not less than the level of compensation

and other benefits provided to such Federal Government personnel

in accordance with this chapter.

‘‘(g) STANDARDS FOR PRIVATE SCREENING COMPANIES.—The

Under Secretary may enter into a contract with a private screening

company to provide screening at an airport participating in the pilot

program under this section only if the Under Secretary determines

and certifies to Congress that the private screening company is

owned and controlled by a citizen of the United States, to the extent

that the Under Secretary determines that there are private screening

companies owned and controlled by such citizens.

‘‘(h) TERMINATION OF CONTRACTS.—The Under Secretary may

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pany to provide screening services at an airport under the pilot program if the Under Secretary finds that the company has failed repeatedly to comply with any standard, regulation, directive, order,

law, or contract applicable to the hiring or training of personnel to

provide such services or to the provision of screening at the airport. ‘‘(i) ELECTION.—If a contract is in effect with respect to screening at an airport under the pilot program on the last day of the 3-

year period beginning on the date of enactment of this section, the

operator of the airport may elect to continue to have such screening

carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary

under section 44920 or by Federal Government personnel in accordance with this chapter.

‘‘§ 44920. Security screening opt-out program

‘‘(a) IN GENERAL.—On or after the last day of the 2-year period

beginning on the date on which the Under Secretary transmits to

Congress the certification required by section 110(c) of the Aviation

and Transportation Security Act, an operator of an airport may

submit to the Under Secretary an application to have the screening

of passengers and property at the airport under section 44901 to be

carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary. ‘‘(b) APPROVAL OF APPLICATIONS.—The Under Secretary may

approve any application submitted under subsection (a). ‘‘(c) QUALIFIED PRIVATE SCREENING COMPANY.—A private

screening company is qualified to provide screening services at an

airport under this section if the company will only employ individuals to provide such services who meet all the requirements of this

chapter applicable to Federal Government personnel who perform

screening services at airports under this chapter and will provide

compensation and other benefits to such individuals that are not

less than the level of compensation and other benefits provided to

such Federal Government personnel in accordance with this chapter.

‘‘(d) STANDARDS FOR PRIVATE SCREENING COMPANIES.—The

Under Secretary may enter into a contract with a private screening

company to provide screening at an airport under this section only

if the Under Secretary determines and certifies to Congress that— ‘‘(1) the level of screening services and protection provided

at the airport under the contract will be equal to or greater

than the level that would be provided at the airport by Federal

Government personnel under this chapter; and ‘‘(2) the private screening company is owned and controlled

by a citizen of the United States, to the extent that the Under

Secretary determines that there are private screening companies

owned and controlled by such citizens.

‘‘(e) SUPERVISION OF SCREENED PERSONNEL.—The Under Secretary shall provide Federal Government supervisors to oversee all

screening at each airport at which screening services are provided

under this section and provide Federal Government law enforcement

officers at the airport pursuant to this chapter. ‘‘(g) TERMINATION OF CONTRACTS.—The Under Secretary may

terminate any contract entered into with a private screening comVerDate 11-MAY-2000 05:43 Nov 17, 2001 Jkt 076166 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR296.XXX pfrm07 PsN: HR296
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pany to provide screening services at an airport under this section

the pilot program if the Under Secretary finds that the company has

failed repeatedly to comply with any standard, regulation, directive,

order, law, or contract applicable to the hiring or training of personnel to provide such services or to the provision of screening at

the airport.

(b) CLERICAL AMENDMENT.—The analysis for such subchapter

is amended by adding after the item relating to section 44918 the

following:

‘‘44919. Security screening pilot program.

‘‘44920. Security screening opt-out program.’’.

SEC. 109. ENHANCED SECURITY MEASURES.

(a) IN GENERAL.—The Under Secretary of Transportation for

Security may take the following actions:

(1) Require effective 911 emergency call capability for telephones serving passenger aircraft and passenger trains.

(2) Establish a uniform system of identification for all

State and local law enforcement personnel for use in obtaining

permission to carry weapons in aircraft cabins and in obtaining

access to a secured area of an airport, if otherwise authorized

to carry such weapons.

(3) Establish requirements to implement trusted passenger

programs and use available technologies to expedite the security

screening of passengers who participate in such programs,

thereby allowing security screening personnel to focus on those

passengers who should be subject to more extensive screening.

(4) In consultation with the Commissioner of the Food and

Drug Administration, develop alternative security procedures

under which a medical product to be transported on a flight of

an air carrier would not be subject to an inspection that would

irreversibly damage the product.

(5) Provide for the use of technologies, including wireless

and wire line data technologies, to enable the private and secure communication of threats to aid in the screening of passengers and other individuals on airport property who are identified on any State or Federal security-related data base for the

purpose of having an integrated response coordination of various authorized airport security forces.

(6) In consultation with the Administrator of the Federal

Aviation Administration, consider whether to require all pilot

licenses to incorporate a photograph of the license holder and

appropriate biometric imprints.

(7) Provide for the use of voice stress analysis, biometric, or

other technologies to prevent a person who might pose a danger

to air safety or security from boarding the aircraft of an air carrier or foreign air carrier in air transportation or intrastate air

transportation.

(8) Provide for the use of technology that will permit enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, and annually thereafter until the Under Secretary

has implemented or decided not to take each of the actions specified

in subsection (a), the Under Secretary shall transmit to Congress a

19

report on the progress of the Under Secretary in evaluating and taking such actions, including any legislative recommendations that

the Under Secretary may have for enhancing transportation security.’’.

SEC. 110. SCREENING.

(a) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SE- CURITY.—Section 44932(c) of title 49, United States Code, is

amended—

(1) by striking ‘‘x-ray’’ in paragraph (4);

(2) by striking ‘‘and’’ at the end of paragraph (4);

(3) by striking ‘‘passengers.’’ in paragraph (5) and inserting ‘‘passengers;’’; and

(4) by adding at the end the following:

‘‘(6) to strengthen and enhance the ability to detect or neutralize nonexplosive weapons, such as biological, chemical, or

similar substances; and ‘‘(7) to evaluate such additional measures as may be appropriate to enhance inspection of passengers, baggage, and

cargo.’’. (b) PASSENGERS AND PROPERTY.—Section 44901 of title 49,

United States Code, is amended— (1) by redesignating subsection (c) as subsection (h); and

(2) by striking subsections (a) and (b) and inserting the following:

‘‘(a) IN GENERAL.—The Under Secretary of Transportation for

Security shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and

flight segments originating in the United States, the screening shall

take place before boarding and shall be carried out by a Federal

Government employee (as defined in section 2105 of title 5, United

States Code), except as otherwise provided in section 44919 or 44920

and except for identifying passengers and baggage for screening

under the CAPPS and known shipper programs and conducting

positive bag-match programs. ‘‘(b) SUPERVISION OF SCREENING.—All screening of passengers

and property at airports in the United States where screening is required under this section shall be supervised by uniformed Federal

personnel of the Transportation Security Administration who shall

have the power to order the dismissal of any individual performing

such screening.

‘‘(c) CHECKED BAGGAGE.—A system must be in operation to

screen all checked baggage at all airports in the United States as

soon as practicable but not later than the 60th day following the

date of enactment of the Aviation and Transportation Security Act.

‘‘(d) EXPLOSIVE DETECTION SYSTEMS.—

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

Security shall take all necessary action to ensure that—

‘‘(A) explosive detection systems are deployed as soon as

possible to ensure that all United States airports described

in section 44903(c) have sufficient explosive detection systems to screen all checked baggage no later than December

31, 2002, and that as soon as such systems are in place at

20

an airport, all checked baggage at the airport is screened

by those systems; and ‘‘(B) all systems deployed under subparagraph (A) are

fully utilized; and ‘‘(C) if explosive detection equipment at an airport is

unavailable, all checked baggage is screened by an alternative means. ‘‘(e) MANDATORY SCREENING WHERE EDS NOT YET AVAIL- ABLE.—As soon as practicable but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act and until the requirements of subsection (b)(1)(A) are met,

the Under Secretary shall require alternative means for screening

any piece of checked baggage that is not screened by an explosive

detection system. Such alternative means may include 1 or more of

the following: ‘‘(1) A bag-match program that ensures that no checked

baggage is placed aboard an aircraft unless the passenger who

checked the baggage is aboard the aircraft. ‘‘(2) Manual search.

‘‘(3) Search by canine explosive detection units in combination with other means. ‘‘(4) Other means or technology approved by the Under Secretary.

‘‘(f) CARGO DEADLINE.—A system must be in operation to screen,

inspect, or otherwise ensure the security of all cargo that is to be

transported in all-cargo aircraft in air transportation and intrastate

air transportation as soon as practicable after the date of enactment

of the Aviation and Transportation Security Act. ‘‘(g) DEPLOYMENT OF ARMED PERSONNEL.— ‘‘(1) IN GENERAL.—The Under Secretary shall order the deployment of law enforcement personnel authorized to carry firearms at each airport security screening location to ensure passenger safety and national security. ‘‘(2) MINIMUM REQUIREMENTS.—Except at airports required

to enter into agreements under subsection (c), the Under Secretary shall order the deployment of at least 1 law enforcement

officer at each airport security screening location. At the 100

largest airports in the United States, in terms of annual passenger enplanements for the most recent calendar year for

which data are available, the Under Secretary shall order the

deployment of additional law enforcement personnel at airport

security screening locations if the Under Secretary determines

that the additional deployment is necessary to ensure passenger

safety and national security.’’.

(c) DEADLINE FOR DEPLOYMENT OF FEDERAL SCREENERS.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Under Secretary of Transportation for

Security shall deploy at all airports in the United States where

screening is required under section 44901 of title 49, United

States Code, a sufficient number of Federal screeners, Federal

Security Managers, Federal security personnel, and Federal law

enforcement officers to conduct the screening of all passengers

and property under section 44901 of such title at such airports.

(2) CERTIFICATION TO CONGRESS.—Not later than 1 year

after the date of enactment of this Act, the Under Secretary

21

shall transmit to Congress a certification that the requirement

of paragraph (1) has been met.

(d) REPORTS.— (1) DEPLOYMENT.—Within 6 months after the date of enactment of this Act, the Under Secretary of Transportation for Security shall report to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives on

the deployment of the systems required by section 44901(c) of

title 49, United States Code. The Under Secretary shall include

in the report— (A) an installation schedule;

(B) the dates of installation of each system; and

(C) the date on which each system installed is operational.

(2) SCREENING OF SMALL AIRCRAFT.—Within 1 year after

the date of enactment of this Act, the Under Secretary of Transportation for Security shall transmit a report to the Committee

on Commerce, Science, and Transportation of the Senate and

Committee on Transportation and Infrastructure of the House

of Representatives on the screening requirements applicable to

passengers boarding, and property being carried aboard, aircraft with 60 seats or less used in scheduled passenger service

with recommendations for any necessary changes in those requirements.

SEC. 111. TRAINING AND EMPLOYMENT OF SECURITY SCREENING

PERSONNEL.

(a) IN GENERAL.—Section 44935 of title 49, United States Code,

is amended— (1) by redesignating subsection (f) as subsection (i); and

(2) by striking subsection (e) and inserting the following: ‘‘(e) SECURITY SCREENERS.—

‘‘(1) TRAINING PROGRAM.—The Under Secretary of Transportation for Security shall establish a program for the hiring

and training of security screening personnel.

‘‘(2) HIRING.—

‘‘(A) QUALIFICATIONS.—Within 30 days after the date of

enactment of the aviation Transportation Security Act, the

Under Secretary shall establish qualification standards for

individuals to be hired by the United States as security

screening personnel. Notwithstanding any provision of law,

those standards shall require, at a minimum, an

individual—

‘‘(i) to have a satisfactory or better score on a Federal security screening personnel selection examination;

‘‘(ii) to be a citizen of the United States;

‘‘(iii) to meet, at a minimum, the requirements set

forth in subsection (f);

‘‘(iv) to meet such other qualifications as the Under

Secretary may establish; and

‘‘(v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal

drugs, sleep deprivation, medication, or alcohol.

‘‘(B) BACKGROUND CHECKS.—The Under Secretary shall

require that an individual to be hired as a security screener

22

undergo an employment investigation (including a criminal

history record check) under section 44936(a)(1).

‘‘(C) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT

NATIONAL SECURITY RISKS.—The Under Secretary, in consultation with the heads of other appropriate Federal agencies, shall establish procedures, in addition to any background check conducted under section 44936, to ensure that

no individual who presents a threat to national security is

employed as a security screener.

‘‘(3) EXAMINATION; REVIEW OF EXISTING RULES.—The Under

Secretary shall develop a security screening personnel examination for use in determining the qualification of individuals seeking employment as security screening personnel. The Under Secretary shall also review, and revise as necessary, any standard,

rule, or regulation governing the employment of individuals as

security screening personnel.

‘‘(f) EMPLOYMENT STANDARDS FOR SCREENING PERSONNEL.—

‘‘(1) SCREENER REQUIREMENTS.—Notwithstanding any provision of law, an individual may not be deployed as a security

screener unless that individual meets the following requirements:

‘‘(A) The individual shall possess a high school diploma, a general equivalency diploma, or experience that

the Under Secretary has determined to be sufficient for the

individual to perform the duties of the position.

‘‘(B) The individual shall possess basic aptitudes and

physical abilities, including color perception, visual and

aural acuity, physical coordination, and motor skills, to the

following standards:

‘‘(i) Screeners operating screening equipment shall

be able to distinguish on the screening equipment monitor the appropriate imaging standard specified by the

Under Secretary.

‘‘(ii) Screeners operating any screening equipment

shall be able to distinguish each color displayed on

every type of screening equipment and explain what

each color signifies.

‘‘(iii) Screeners shall be able to hear and respond

to the spoken voice and to audible alarms generated by

screening equipment in an active checkpoint environment.

‘‘(iv) Screeners performing physical searches or

other related operations shall be able to efficiently and

thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing.

‘‘(v) Screeners who perform pat-downs or handheld metal detector searches of individuals shall have

sufficient dexterity and capability to thoroughly conduct those procedures over an individual’s entire body.

‘‘(C) The individual shall be able to read, speak, and

write English well enough to—

‘‘(i) carry out written and oral instructions regarding the proper performance of screening duties;

23

‘‘(ii) read English language identification media,

credentials, airline tickets, and labels on items normally encountered in the screening process;

‘‘(iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and

‘‘(iv) write incident reports and statements and log

entries into security records in the English language.

‘‘(D) The individual shall have satisfactorily completed

all initial, recurrent, and appropriate specialized training

required by the security program, except as provided in

paragraph (3).

‘‘(2) VETERANS PREFERENCE.—The Under Secretary shall

provide a preference for the hiring of an individual as a security screener if the individual is a member or former member

of the armed forces and if the individual is entitled, under statute, to retired, retirement, or retainer pay on account of service

as a member of the armed forces.

‘‘(3) EXCEPTIONS.—An individual who has not completed

the training required by this section may be deployed during

the on-the-job portion of training to perform functions if that

individual—

‘‘(A) is closely supervised; and

‘‘(B) does not make independent judgments as to

whether individuals or property may enter a sterile area or

aircraft without further inspection.

‘‘(4) REMEDIAL TRAINING.—No individual employed as a security screener may perform a screening function after that individual has failed an operational test related to that function

until that individual has successfully completed the remedial

training specified in the security program.

‘‘(5) ANNUAL PROFICIENCY REVIEW.—The Under Secretary

shall provide that an annual evaluation of each individual assigned screening duties is conducted and documented. An individual employed as a security screener may not continue to be

employed in that capacity unless the evaluation demonstrates

that the individual—

‘‘(A) continues to meet all qualifications and standards

required to perform a screening function;

‘‘(B) has a satisfactory record of performance and attention to duty based on the standards and requirements in

the security program; and

‘‘(C) demonstrates the current knowledge and skills

necessary to courteously, vigilantly, and effectively perform

screening functions.

‘‘(6) OPERATIONAL TESTING.—In addition to the annual proficiency review conducted under paragraph (5), the Under Secretary shall provide for the operational testing of such personnel.

‘‘(g) TRAINING.—

‘‘(1) USE OF OTHER AGENCIES.—The Under Secretary may

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sources, or other forms of assistance in the training of security

screening personnel. ‘‘(2) TRAINING PLAN.—Within 60 days after the date of enactment of the Aviation and Transportation Security Act, the

Under Secretary shall develop a plan for the training of security

screening personnel. The plan shall require, at a minimum,

that a security screener— ‘‘(A) has completed 40 hours of classroom instruction or

successfully completed a program that the Under Secretary

determines will train individuals to a level of proficiency

equivalent to the level that would be achieved by such

classroom instruction; ‘‘(B) has completed 60 hours of on-the-job instructions;

and ‘‘(C) has successfully completed an on-the-job training

examination prescribed by the Under Secretary.

‘‘(3) EQUIPMENT-SPECIFIC TRAINING.—An individual employed as a security screener may not use any security screening

device or equipment in the scope of that individual’s employment unless the individual has been trained on that device or

equipment and has successfully completed a test on the use of

the device or equipment.

‘‘(h) TECHNOLOGICAL TRAINING.— ‘‘(1) IN GENERAL.—The Under Secretary shall require training to ensure that screeners are proficient in using the most upto-date new technology and to ensure their proficiency in recognizing new threats and weapons. ‘‘(2) PERIODIC ASSESSMENTS.—The Under Secretary shall

make periodic assessments to determine if there are dual use

items and inform security screening personnel of the existence

of such items. ‘‘(3) CURRENT LISTS OF DUAL USE ITEMS.—Current lists of

dual use items shall be part of the ongoing training for screeners. ‘‘(4) DUAL USE DEFINED.—For purposes of this subsection,

the term ‘dual use’ item means an item that may seem harmless

but that may be used as a weapon.

‘‘(i) LIMITATION ON RIGHT TO STRIKE.—An individual that

screens passengers or property, or both, at an airport under this section may not participate in a strike, or assert the right to strike,

against the person (including a governmental entity) employing

such individual to perform such screening. ‘‘(j) UNIFORMS.—The Under Secretary shall require any individual who screens passengers and property pursuant to section

44901 to be attired while on duty in a uniform approved by the

Under Secretary.’’.

(b) CONFORMING AMENDMENTS.—Section 44936(a)(1) of title 49,

United States Code, is amended—

(1) in subparagraph (A) by inserting ‘‘as a security screener

under section 44935(e) or a position’’ after ‘‘a position’’; and

(2) in subparagraph (E) by striking clause (iv).

(c) TRANSITION.—The Under Secretary of Transportation for Security shall complete the full implementation of section 44935 (e),

(f), (g), and (h) of title 49, United States Code, as amended by subsection (a), as soon as is practicable. The Under Secretary may

25

make or continue such arrangements for the training of security

screeners under that section as the Under Secretary determines necessary pending full implementation of that section as so amended.

(d) SCREENER PERSONNEL.—Notwithstanding any other provision of law, the Under Secretary of Transportation for Security may

employ, appoint, discipline, terminate, and fix the compensation,

terms, and conditions of employment of Federal service for such a

number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary

under section 44901 of title 49, United States Code. The Under Secretary shall establish levels of compensation and other benefits for

individuals so employed.

SEC. 112. RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—Section 44912(b)(1) of title 49, United States

Code, is amended— (1) by striking ‘‘complete an intensive review of’’ and inserting ‘‘periodically review’’;

(2) by striking ‘‘commercial aircraft in service and expected

to be in service in the 10-year period beginning on November

16, 1990;’’ in subparagraph (B) and inserting ‘‘aircraft in air

transportation;’’; and

(3) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively, and inserting after

subparagraph (C) the following: ‘‘(D) the potential release of chemical, biological, or

similar weapons or devices either within an aircraft or

within an airport;’’. (b) ADDITIONAL MATTERS REGARDING RESEARCH AND DEVELOP- MENT.— (1) ADDITIONAL PROGRAM REQUIREMENTS.—Subsection (a)

of section 44912 of title 49, United States Code, is amended— (A) by redesignating paragraph (4) as paragraph (5);

and

(B) by inserting after paragraph (3) the following new

paragraph (4): ‘‘(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect to

security technology under the program. ‘‘(B) The individual designated under subparagraph (A) shall

use appropriate systems engineering and risk management models

in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology

under the program.

‘‘(C) The individual designated under subparagraph (A) shall,

on an annual basis, submit to the Research, Engineering and Development Advisory Committee a report on activities under this paragraph during the preceding year. Each report shall include, for the

year covered by such report, information on—

‘‘(i) progress made in engineering, research, and development with respect to security technology;

‘‘(ii) the allocation of funds for engineering, research, and

development with respect to security technology; and

‘‘(iii) engineering, research, and development with respect to

any technologies drawn from other agencies, including the raVerDate 11-MAY-2000 05:43 Nov 17, 2001 Jkt 076166 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\HR296.XXX pfrm07 PsN: HR296
26

tionale for engineering, research, and development with respect

to such technologies.’’.

(2) REVIEW OF THREATS.—Subsection (b)(1) of that section

is further amended—

(A) by redesignating subparagraphs (A) through (G) as

subparagraphs (B) through (H) respectively; and

(B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):

‘‘(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology

roadmaps) of the civil aviation system, including—

‘‘(i) the destruction, commandeering, or diversion of

civil aircraft or the use of civil aircraft as a weapon; and

‘‘(ii) the disruption of civil aviation service, including

by cyber attack;’’.

(3) SCIENTIFIC ADVISORY PANEL.—Subsection (c) of that section is amended to read as follows:

‘‘(c) SCIENTIFIC ADVISORY PANEL.—(1) The Administrator shall

establish a scientific advisory panel, as a subcommittee of the Research, Engineering, and Development Advisory Committee, to review, comment on, advise the progress of, and recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect

and prevent catastrophic damage to commercial aircraft, commercial aviation facilities, commercial aviation personnel and passengers, and other components of the commercial aviation system by

the next generation of terrorist weapons.

‘‘(2)(A) The advisory panel shall consist of individuals who have

scientific and technical expertise in—

‘‘(i) the development and testing of effective explosive detection systems;

‘‘(ii) aircraft structure and experimentation to decide on the

type and minimum weights of explosives that an effective explosive detection technology must be capable of detecting;

‘‘(iii) technologies involved in minimizing airframe damage

to aircraft from explosives; and

‘‘(iv) other scientific and technical areas the Administrator

considers appropriate.

‘‘(B) In appointing individuals to the advisory panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate.

‘‘(3) The Administrator shall organize the advisory panel into

teams capable of undertaking the review of policies and technologies

upon request.

‘‘(4) Not later than 90 days after the date of the enactment of

the Aviation and Transportation Security Act, and every two years

thereafter, the Administrator shall review the composition of the advisory panel in order to ensure that the expertise of the individuals

on the panel is suited to the current and anticipated duties of the

panel.’’.

SEC. 113. FLIGHT SCHOOL SECURITY.

(a) IN GENERAL.—Subchapter II of chapter 449 of title 49,

United States Code, is amended by adding at the end the following

new section:

27

‘‘§ 44939. Training to operate certain aircraft

‘‘(a) WAITING PERIOD.—A person subject to regulation under

this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of 12,500 pounds or more

to an alien (as defined in section 101(a)(3) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual

specified by the Under Secretary of Transportation for Security only

if—

‘‘(1) that person has first notified the Attorney General that

the individual has requested such training and furnished the

Attorney General with that individual’s identification in such

form as the Attorney General may require; and

‘‘(2) the Attorney General has not directed, within 45 days

after being notified under paragraph (1), that person not to provide the requested training because the Attorney General has

determined that the individual presents a risk to aviation or

national security.

‘‘(b) INTERRUPTION OF TRAINING.—If the Attorney General, more

than 45 days after receiving notification under subsection (a) from

a person providing training described in subsection (a), determines

that the individual presents a risk to aviation or national security,

the Attorney General shall immediately notify the person providing

the training of the determination and that person shall immediately

terminate the training.

‘‘(c) COVERED TRAINING.—For the purposes of subsection (a),

training includes in-flight training, training in a simulator, and

any other form or aspect of training.

‘‘(d) SECURITY AWARENESS TRAINING FOR EMPLOYEES.—The

Under Secretary shall require flight schools to conduct a security

awareness program for flight school employees to increase their

awareness of suspicious circumstances and activities of individuals

enrolling in or attending flight school.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘44939. Training to operate certain aircraft.’’.

(c) INTERNATIONAL COOPERATION.—The Secretary of Transportation, in consultation with the Secretary of State, shall work with

the International Civil Aviation Organization and the civil aviation

authorities of other countries to improve international aviation security through screening programs for flight instruction candidates.

(d) EFFECTIVE DATE.—The amendment made by subsection (a)

applies to applications for training received after the date of enactment of this Act.

SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY

PERSONNEL.

(a) IN GENERAL.—Chapter 465 of title 49, United States Code,

is amended by inserting after section 46502 the following:

‘‘§ 46503. Interference with security screening personnel

‘‘An individual in an area within a commercial service airport

in the United States who, by assaulting a Federal, airport, or air

carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens

28

the ability of the employee to perform those duties, shall be fined

under title 18, imprisoned for not more than 10 years, or both. If

the individual used a dangerous weapon in committing the assault

or interference, the individual may be imprisoned for any term of

years or life imprisonment.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for chapter 465 of such title is amended by inserting after the item relating

to section 46502 the following:

‘‘46503. Interference with security screening personnel’’.

SEC. 117. PASSENGER MANIFESTS.

Section 44909 is amended by adding at the end the following:

‘‘(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO THE UNITED

STATES.—

‘‘(1) IN GENERAL.—Not later than 60 days after the date of

enactment of the Aviation and Transportation Security Act,

each air carrier and foreign air carrier operating a passenger

flight in foreign air transportation to the United States shall

provide to the Commissioner of Customs by electronic transmission a passenger and crew manifest containing the information specified in paragraph (2). Carriers may use the advanced

passenged information system established under section 431 of

the Tariff Act of 1930 (19 U.S.C. 1431) to provide the information required by the preceding sentence.

‘‘(2) INFORMATION.—A passenger and crew manifest for a

flight required under paragraph (1) shall contain the following

information:

‘‘(A) The full name of each passenger and crew member.

‘‘(B) The date of birth and citizenship of each passenger

and crew member.

‘‘(C) The sex of each passenger and crew member.

‘‘(D) The passport number and country of issuance of

each passenger and crew member if required for travel.

‘‘(E) The United States visa number or resident alien

card number of each passenger and crew member, as applicable.

‘‘(F) Such other information as the Under Secretary, in

consultation with the Commissioner of Customs, determines

is reasonably necessary to ensure aviation safety.

‘‘(3) PASSENGER NAME RECORDS.—The carriers shall make

passenger name record information available to the Customs

Service upon request.

‘‘(4) TRANSMISSION OF MANIFEST.—Subject to paragraph

(5), a passenger and crew manifest required for a flight under

paragraph (1) shall be transmitted to the Customs Service in

advance of the aircraft landing in the United States in such

manner, time, and form as the Customs Service prescribes.

‘‘(5) TRANSMISSION OF MANIFESTS TO OTHER FEDERAL

AGENCIES.—Upon request, information provided to the Under

Secretary or the Customs Service under this subsection may be

shared with other Federal agencies for the purpose of protecting

national security.’’.

29

SEC. 118. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.

(a) IN GENERAL.—Notwithstanding any provision of section

41309(a) of title 49, United States Code, to the contrary, air carriers

providing air transportation on flights which both originate and terminate at points within the same State may file an agreement, request, modification, or cancellation of an agreement within the

scope of that section with the Secretary of Transportation upon a

declaration by the Governor of the State that such agreement, request, modification, or cancellation is necessary to ensure the continuing availability of such air transportation within that State.

(b) APPROVAL OF SECRETARY.—The Secretary may approve any

such agreement, request, modification, or cancellation and grant an

exemption under section 41308(c) of title 49, United States Code, to

the extent necessary to effectuate such agreement, request, modification, or cancellation, without regard to the provisions of section

41309(b) or (c) of that title.

(c) PUBLIC INTEREST REQUIREMENT.—The Secretary may approve such an agreement, request, modification, or cancellation if

the Secretary determines that—

(1) the State to which it relates has extraordinary air transportation needs and concerns; and

(2) approval is in the public interest.

(d) TERMINATION.—An approval under subsection (b) and an

exemption under section 41308(c) of title 49, United States Code,

granted under subsection (b) shall terminate on the earlier of the 2

following dates:

(1) A date established by the Secretary in the Secretary’s

discretion.

(2) October 1, 2002.

(e) EXTENSION.—Notwithstanding subsection (d), if the Secretary determines that it is in the public interest, the Secretary may

extend the termination date under subsection (d)(2) until a date no

later than October 1, 2003.

(f) REPORTS.—If the Secretary approves any such agreement, request, modification, or cancellation under this section and grants an

exemption, the Secretary shall transmit a report to Committee on

Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives within 6 months describing what actions have been

taken by the air carriers to which the exemption was granted. The

Secretary shall also notify those committees if the Secretary extends

the termination date under subsection (e).

SEC. 115. AIRLINE COMPUTER RESERVATION SYSTEMS.

In order to ensure that all airline computer reservation systems

maintained by United States air carriers are secure from unauthorized access by persons seeking information on reservations, passenger manifests, or other non-public information, the Secretary of

Transportation shall require all such air carriers to utilize to the

maximum extent practicable the best technology available to secure

their computer reservation system against such unauthorized access.

SEC. 116. SECURITY SERVICE FEE.

(a) IN GENERAL.—Subchapter II of chapter 449 is amended by

adding at the end the following:

30

‘‘§ 44940. Security service fee

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) PASSENGER FEES.—The Under Secretary of Transportation for Security shall impose a uniform fee, on passengers of

air carriers and foreign air carriers in air transportation and

intrastate air transportation originating at airports in the

United States, to pay for the following costs of providing civil

aviation security services:

‘‘(A) Salary, benefits, overtime, retirement and other

costs of screening personnel, their supervisors and managers, and Federal law enforcement personnel deployed at

airport security screening locations under section 44901.

‘‘(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.

‘‘(C) The costs of performing background investigations

of personnel described in subparagraphs (A), (D), (F), and

(G).

‘‘(D) The costs of the Federal air marshals program.

‘‘(E) The costs of performing civil aviation security research and development under this title.

‘‘(F) The costs of Federal Security Managers under section 44903.

‘‘(G) The costs of deploying Federal law enforcement

personnel pursuant to section 44903(h).

The amount of such costs shall be determined by the Under Secretary and shall not be subject to judicial review.

‘‘(2) AIR CARRIER FEES.—

‘‘(A) AUTHORITY.—In addition to the fee imposed pursuant to paragraph (1), and only to the extent that the

Under Secretary estimates that such fee will be insufficient

to pay for the costs of providing civil aviation security services described in paragraph (1), the Under Secretary may

impose a fee on air carriers and foreign air carriers engaged in air transportation and intrastate air transportation to pay for the difference between any such costs and

the amount collected from such fee, as estimated by the

Under Secretary at the beginning of each fiscal year. The

estimates of the Under Secretary under this subparagraph

are not subject to judicial review.

‘‘(B) LIMITATIONS.—

‘‘(i) OVERALL LIMIT.—The amounts of fees collected

under this paragraph for each fiscal year may not exceed, in the aggregate, the amounts paid in calendar

year 2000 by carriers described in subparagraph (A)

for screening passengers and property, as determined

by the Under Secretary.

‘‘(ii) PER-CARRIER LIMIT.—The amount of fees collected under this paragraph from an air carrier described in subparagraph (A) for each of fiscal years

2002, 2003, and 2004 may not exceed the amount paid

in calendar year 2000 by that carrier for screening passengers and property, as determined by the Under Secretary.

31

‘‘(iii) ADJUSTMENT OF PER-CARRIER LIMIT.—For fiscal year 2005 and subsequent fiscal years, the per-carrier limitation under clause (ii) may be determined by

the Under Secretary on the basis of market share or

any other appropriate measure in lieu of actual screening costs in calendar year 2000. ‘‘(iv) FINALITY OF DETERMINATIONS.—Determinations of the Under Secretary under this subparagraph

are not subject to judicial review.

‘‘(C) SPECIAL RULE FOR FISCAL YEAR 2002.—The amount

of fees collected under this paragraph from any carrier for

fiscal year 2002 may not exceed the amounts paid by that

carrier for screening passengers and property for a period

of time in calendar year 2000 proportionate to the period

of time in fiscal year 2002 during which fees are collected

under this paragraph. ‘‘(b) SCHEDULE OF FEES.—In imposing fees under subsection

(a), the Under Secretary shall ensure that the fees are reasonably related to the Transportation Security Administration’s costs of providing services rendered. ‘‘(c) LIMITATION ON FEE.—Fees imposed under subsection (a)(1) may not exceed $2.50 per enplanement in air transportation or

intrastate air transportation that originates at an airport in the

United States, except that the total amount of such fees may not exceed $5.00 per one-way trip. ‘‘(d) IMPOSITION OF FEE.— ‘‘(1) IN GENERAL.—Notwithstanding section 9701 of title 31

and the procedural requirements of section 553 of title 5, the

Under Secretary shall impose the fee under subsection (a)(1),

and may impose a fee under subsection (a)(2), through the publication of notice of such fee in the Federal Register and begin

collection of the fee within 60 days of the date of enactment of

this Act, or as soon as possible thereafter. ‘‘(2) SPECIAL RULES PASSENGER FEES.—A fee imposed under

subsection (a)(1) through the procedures under subsection (d)

shall apply only to tickets sold after the date on which such fee

is imposed. If a fee imposed under subsection (a)(1) through the

procedures under subsection (d) on transportation of a passenger of a carrier described in subsection (a)(1) is not collected

from the passenger, the amount of the fee shall be paid by the

carrier.

‘‘(3) SUBSEQUENT MODIFICATION OF FEE.—After imposing a

fee in accordance with paragraph (1), the Under Secretary may

modify, from time to time through publication of notice in the

Federal Register, the imposition or collection of such fee, or

both.

‘‘(4) LIMITATION ON COLLECTION.—No fee may be collected

under this section except to the extent that the expenditure of

the fee to pay the costs of activities and services for which the

fee is imposed is provided for in advance in an appropriations

Act.

‘‘(e) ADMINISTRATION OF FEES.— ‘‘(1) FEES PAYABLE TO UNDER SECRETARY.—All fees imposed

and amounts collected under this section are payable to the

Under Secretary.

32

‘‘(2) FEES COLLECTED BY AIR CARRIER.—A fee imposed

under subsection (a)(1) shall be collected by the air carrier or

foreign air carrier that sells a ticket for transportation described in subsection (a)(1).

‘‘(3) DUE DATE FOR REMITTANCE.—A fee collected under this

section shall be remitted on the last day of each calendar month

by the carrier collecting the fee. The amount to be remitted shall

be for the calendar month preceding the calendar month in

which the remittance is made.

‘‘(4) INFORMATION.—The Under Secretary may require the

provision of such information as the Under Secretary decides is

necessary to verify that fees have been collected and remitted at

the proper times and in the proper amounts.

‘‘(5) FEE NOT SUBJECT TO TAX.—For purposes of section

4261 of the Internal Revenue Code of 1986 (26 U.S.C. 4261), a

fee imposed under this section shall not be considered to be part

of the amount paid for taxable transportation.

‘‘(6) COST OF COLLECTING FEE.—No portion of fee collected

under this section may be retained by the air carrier or foreign

air carrier for the costs of collecting, handling, or remitting the

fee except for interest accruing to the carrier after collection and

before remittance.

‘‘(f) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31, any fee collected under this

section—

‘‘(1) shall be credited as offsetting collections to the account

that finances the activities and services for which the fee is imposed;

‘‘(2) shall be available for expenditure only to pay the costs

of activities and services for which the fee is imposed; and

‘‘(3) shall remain available until expended.

‘‘(g) REFUNDS.—The Under Secretary may refund any fee paid

by mistake or any amount paid in excess of that required.

‘‘(h) EXEMPTIONS.—The Under Secretary may exempt from the

passenger fee imposed under subsection (a)(1) any passenger enplaning at an airport in the United States that does not receive screening services under section 44901 for that segment of the trip for

which the passenger does not receive screening.’’.

(b) CONFORMING AMENDMENT.—The analysis for such chapter

is amended by adding at the end the following:

‘‘44940. Security service fee’’.

(c) SPECIFIC AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—Part C of subtitle VII of title 49, United

States Code, is amended by adding at the end the following:

‘‘CHAPTER 483—AVIATION SECURITY FUNDING

‘‘Sec.

‘‘48301. Aviation security funding.

‘‘§ 48301. Aviation security funding

‘‘(a) IN GENERAL.—There are authorized to be appropriated for

fiscal years 2002, 2003, 2004, and 2005 such sums as may be necessary to carry out chapter 449 and related aviation security activiVerDate 11-MAY-2000 05:43 Nov 17, 2001 Jkt 076166 PO 00000 Frm 00032 Fmt 6659 Sfmt 6603 E:\HR\OC\HR296.XXX pfrm07 PsN: HR296
33

ties under this title. Any amounts appropriated pursuant to this section for fiscal year 2002 shall remain available until expended.

‘‘(b) GRANTS FOR AIRCRAFT SECURITY.—There is authorized to

be appropriated $500,000,000 for fiscal year 2002 to the Secretary

of Transportation to make grants to or other agreements with air

carriers (including intrastate air carriers) to—

‘‘(1) fortify cockpit doors to deny access from the cabin to

the pilots in the cockpit;

‘‘(2) provide for the use of video monitors or other devices

to alert the cockpit crew to activity in the passenger cabin;

‘‘(3) ensure continuous operation of the aircraft transponder

in the event the crew faces an emergency; and

‘‘(4) provide for the use of other innovative technologies to

enhance aircraft security.’’.

(2) CONFORMING AMENDMENT.—The subtitle analysis for

subtitle VII of title 49, United States Code, is amended by inserting after the item relating to chapter 482 the following:

‘‘483. Aviation Security Funding .................................................................... 48301’’.

SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.

(a) LIMITED USE OF AIRPORT IMPROVEMENT PROGRAM FUNDS.—

(1) AIRPORT DEVELOPMENT FUNDS.—Section 47102(3) of

title 49, United States Code, is amended by adding at the end

the following:

‘‘(J) in fiscal year 2002, any additional security related

activity required by law or by the Secretary after September

11, 2001, and before October 1, 2002.

‘‘(K) in fiscal year 2002 with respect to funds apportioned under section 47114 in fiscal years 2001 and 2002,

any activity, including operational activities, of an airport

that is not a primary airport if that airport is located within the confines of enhanced class B airspace, as defined by

Notice to Airmen FDC 1/0618 issued by the Federal Aviation Administration and the activity was carried out when

any restriction in the Notice is in effect.

‘‘(L) in fiscal year 2002, payments for debt service on

indebtedness incurred to carry out a project at an airport

owned or controlled by the sponsor or at a privately owned

or operated airport passenger terminal financed by indebtedness incurred by the sponsor if the Secretary determines

that such payments are necessary to prevent a default on

the indebtedness.’’.

(2) ALLOWABLE COSTS.—Section 47110(b)(2) of title 49,

United States Code, is amended—

(A) by striking ‘‘or’’ in subparagraph (B);

(B) by inserting ‘‘or’’ after ‘‘executed;’’ in subparagraph

(C); and

(C) by adding at the end the following:

‘‘(D) if the cost is incurred after September 11, 2001,

for a project described in section 47102(3)(J), 47102(3)(K),

or 47102(3)(L) and shall not depend upon the date of execution of a grant agreement made under this subchapter;’’.

(3) DISCRETIONARY GRANTS.—Section 47115 of title 49,

United States Code, is amended by adding at the end the following:

34

‘‘(i) CONSIDERATIONS FOR PROJECT UNDER EXPANDED SECURITY

ELIGIBILITY.—In order to assure that funding under this subchapter

is provided to the greatest needs, the Secretary, in selecting a project

described in section 47102(3)(J) for a grant, shall consider the nonfederal resources available to sponsor, the use of such non-federal

resources, and the degree to which the sponsor is providing increased funding for the project.’’. (4) FEDERAL SHARE.—Section 47109(a) of title 49, United

States Code, is amended— (A) by striking ‘‘and’’ in paragraph (3);

(B) by striking ‘‘47134.’’ in paragraph (4) and inserting ‘‘47134; and’’; and

(C) by adding at the end the following: ‘‘(5) for fiscal year 2002, 100 percent for a project described

in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).’’. (5) AIRPORT DEVELOPMENT.—Section 47102(3)(B) of title 49,

United States Code, is amended— (A) by striking ‘‘and’’ at the end of clause (viii);

(B) by striking the period at the end of clause (ix) and

inserting ‘‘; and’’; and

(C) by inserting after clause (ix) the following new

clause: ‘‘(x) replacement of baggage conveyor systems, and

reconfiguration of terminal baggage areas, that the

Secretary determines are necessary to install bulk explosive detection devices.’’. (b) APPORTIONED FUNDS.—For the purpose of carrying out section 47114 of title 49, United States Code, for fiscal year 2003, the

Secretary shall use, in lieu of passenger boardings at an airport

during the prior calendar year, the greater of— (1) the number of passenger boardings at that airport during 2000; or

(2) the number of passenger boardings at that airport during 2001.

(c) EXPEDITED PROCESSING OF SECURITY-RELATED PFC RE- QUESTS.—The Administrator of the Federal Aviation Administration shall, to the extent feasible, expedite the processing and approval of passenger facility fee requests under subchapter I of chapter 471 of title 49, United States Code, for projects described in section 47192(3)(J) of title 49, United States Code.

(d) AMENDMENT OF GENERAL FEE SCHEDULE PROVISION.—Section 45301(b)(1)(B) of title 49, United States Code, is amended—

(1) by striking ‘‘directly’’ and inserting ‘‘reasonably’’;

(2) by striking ‘‘Administration’s costs’’ and inserting ‘‘Administration’s costs, as determined by the Administrator,’’; and

(3) by adding at the end ‘‘The Determination of such costs

by the Administrator is not subject to judicial review.’’.

SEC. 120. CHEMICAL AND BIOLOGICAL WEAPON DETECTION.

Section 44903(c)(2)(C) of title 49, United States Code, is amended to read as follows:

‘‘(C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL

WEAPON DETECTION EQUIPMENT.—The Secretary of Transportation may require airports to maximize the use of technology and equipment that is designed to detect or neutralize potential chemical or biological weapons.’’.

35

SEC. 121. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS FOR SECURITY MANDATES.

(a) AIRPORT SECURITY.—There is authorized to be appropriated

to the Secretary of Transportation for fiscal years 2002 and 2003 a

total of $1,500,000,000 to reimburse airport operators, on-airport

parking lots, and vendors of on-airfield direct services to air carriers

for direct costs incurred by such operators to comply with new, additional, or revised security requirements imposed on such operators

by the Federal Aviation Administration or Transportation Security

Administration on or after September 11, 2001. Such sums shall remain available until expended.

(b) DOCUMENTATION OF COSTS; AUDIT.—The Secretary may not

reimburse an airport operator, on-airport parking lot, or vendor of

on-airfield direct services to air carriers under this section for any

cost for which the airport operator, on-airport parking lot, or vendor

of on-airfield direct services does not demonstrate to the satisfaction

of the Secretary, using sworn financial statements or other appropriate data, that—

(1) the cost is eligible for reimbursement under subsection

(a); and

(2) the cost was incurred by the airport operator, on-airport

parking lot, or vendor of on-airfield direct services to air carriers.

The Inspector General of the Department of Transportation and the

Comptroller General of the United States may audit such statements and may request any other information necessary to conduct

such an audit.

(c) CLAIM PROCEDURE.—Within 30 days after the date of enactment of this Act, the Secretary, after consultation with airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers, shall publish in the Federal Register the procedures for filing claims for reimbursement under this section of eligible costs incurred by airport operators.

SEC. 122. SENSE OF THE CONGRESS.

It is the sense of the Congress that—

(1) an airport receiving Federal financial assistance should

meet with the tenants of the airport (other than air carriers and

foreign air carriers) to discuss adjustments of the rent of the

tenants to account for losses in revenue incurred by the tenants

on and after September 11, 2001;

(2) an air carrier that received financial assistance under

the Air Transportation Safety and System Stabilization Act or

under title 49, United States Code, since September 11, 2001,

should meet with airport operators to discuss payment of applicable rates, charges, and fees; and

(3) the Federal Aviation Administration should maintain

its current restriction on carry-on baggage of 1 bag and 1 personal item.

SEC. 123. AIRPORT IMPROVEMENT PROGRAMS.

(a) COMPETITION PLAN.—Section 47106(f) is amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following:

‘‘(3) SPECIAL RULE FOR FISCAL YEAR 2002.—This subsection

does not apply to any passenger facility fee approved, or grant

36

made, in fiscal year 2002 if the fee or grant is to be used to improve security at a covered airport.’’.

(b) CONFORMING AMENDMENT TO AIRPORT AND AIRWAY TRUST

FUND.—Section 9502(d)(1)(A) of the Internal Revenue Code of 1986

(relating to airport and airway program) is amended by inserting

‘‘or the Aviation and Transportation Security Act’’ after ‘‘21st Century’’.

SEC. 124. TECHNICAL CORRECTIONS.

(a) REPORT DEADLINE.—Section 106(a) of the Air Transportation Safety and System Stabilization Act (Public Law 107–42) is

amended by striking ‘‘February 1, 2001’’ and inserting ‘‘February 1,

2002’’.

(b) INSURANCE AND REINSURANCE OF AIRCRAFT.—Section

44306(c) (as redesignated by section 201(d) of such Act) is amended

by inserting ‘‘in the interest of air commerce or national security or’’

before ‘‘to carry out foreign policy’’.

(c) FEDERAL CREDIT INSTRUMENTS.—Section 102(c)(2)(A) of

such Act is amended by striking ‘‘representatives’’ and inserting

‘‘representations’’.

(d) MAXIMUM AMOUNT OF COMPENSATION PAYABLE PER AIR

CARRIER.—Section 103 of such Act is amended by adding at the end

the following:

‘‘(d) COMPENSATION FOR CERTAIN AIR CARRIERS.—

‘‘(1) SET-ASIDE.—The President may set aside a portion of

the amount of compensation payable to air carriers under section 101(a)(2) to provide compensation to classes of air carriers,

such as air tour operators and air ambulances (including hospitals operating air ambulances) for whom the application of a

distribution formula containing available seat miles as a factor

would inadequately reflect their share of direct and incremental

losses. The President shall reduce the $4,500,000,000 specified

in subsection (b)(2)(A)(i) by the amount set aside under this

subsection.

‘‘(2) DISTRIBUTION OF AMOUNTS.—The President shall distribute the amount set aside under this subsection proportionally among such air carriers based on an appropriate auditable

measure, as determined by the President.’’.

SEC. 125. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS ACTIVITIES.

(a) IN GENERAL.—Subchapter II of chapter 449 of title 49,

United States Code, is amended by inserting at the end the following:

‘‘§ 44941. Immunity for reporting suspicious activities

‘‘(a) IN GENERAL.—Any air carrier or foreign air carrier or any

employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat

to aircraft or passenger safety, or terrorism, as defined by section

3077 of title 18, United States Code, to any employee or agent of the

Department of Transportation, the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline

security officer shall not be civilly liable to any person under any

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ulation of any State or political subdivision of any State, for such

disclosure.

‘‘(b) APPLICATION.—Subsection (a) shall not apply to—

‘‘(1) any disclosure made with actual knowledge that the

disclosure was false, inaccurate, or misleading; or

‘‘(2) any disclosure made with reckless disregard as to the

truth or falsity of that disclosure.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for such

chapter is amended by adding at the end the following:

‘‘44941. Immunity for reporting suspicious activities.’’.

SEC. 126. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.

(a) NATIONAL INSTITUTE OF JUSTICE STUDY.—The National Institute of Justice shall assess the range of less-than-lethal weaponry

available for use by a flight deck crewmember temporarily to incapacitate an individual who presents a clear and present danger to

the safety of the aircraft, its passengers, or individuals on the

ground and report its findings and recommendations to the Secretary of Transportation within 90 days after the date of enactment

of this Act.

(b) ARMING FLIGHT DECK CREW.—Section 44903 of title 49,

United States Code, is amended by adding at the end the following:

‘‘(h) AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THANLETHAL WEAPONS.—

‘‘(1) IN GENERAL.—If the Secretary, after receiving the recommendations of the National Institute of Justice, determines,

with the approval of the Attorney General and the Secretary of

State, that it is appropriate and necessary and would effectively

serve the public interest in avoiding air piracy, the Secretary

may authorize members of the flight deck crew on any aircraft

providing air transportation or intrastate air transportation to

carry a less-than-lethal weapon while the aircraft is engaged in

providing such transportation.

‘‘(2) USAGE.—If the Secretary grants authority under paragraph (1) for flight deck crew members to carry a less-than-lethal weapon while engaged in providing air transportation or

intrastate air transportation, the Secretary shall—

‘‘(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and

‘‘(B) prescribe guidelines setting forth the circumstances

under which such weapons may be used.’’.

SEC. 127. MAIL AND FREIGHT WAIVERS.

(a) IN GENERAL.—During a national emergency affecting

air transportation or intrastate air transportation, the Secretary

of Transportation, after consultation with the Transportation

Security Oversight Board, may grant a complete or partial

waiver of any restrictions on the carriage by aircraft of freight,

mail, emergency medical supplies, personnel, or patients on aircraft, imposed by the Department of Transportation (or other

Federal agency or department) that would permit such carriage

of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or within a State if the Secretary determines that— (1) extraordinary air transportation needs or concerns exist;

and

38

(2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation of

the State.

(b) LIMITATIONS.—The Secretary may impose reasonable limitations on any such waiver.

SEC. 128. FLIGHT DECK SECURITY.

The pilot of a passenger aircraft operated by an air carrier in

air transportation or intrastate air transportation is authorized to

carry a firearm into the cockpit if— (1) the Under Secretary of Transportation for Security approves;

(2) the air carrier approves;

(3) the firearm is approved by the Under Secretary; and

(4) the pilot has received proper training for the use of the

firearm, as determined by the Under Secretary.

SEC. 129. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

Section 44703(g) of title 49, United States Code, is amended— (1) in the first sentence of paragraph (1)— (A) by striking ‘‘pilots’’ and inserting ‘‘airmen’’; and

(B) by striking the period and inserting ‘‘and related to

combating acts of terrorism.’’; and

(2) by adding at the end, the following new paragraphs:

‘‘(3) For purposes of this section, the term ‘acts of terrorism’

means an activity that involves a violent act or an act dangerous

to human life that is a violation of the criminal laws of the Untied

States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State,

and appears to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion or to affect the conduct of a government by assassination or

kidnaping.

‘‘(4) The Administrator is authorized and directed to work with

State and local authorities, and other Federal agencies, to assist in

the identification of individuals applying for or holding airmen certificates.’’.

SEC. 130. RESULTS-BASED MANAGEMENT.

Subchapter II of chapter 449 of title 49, United States Code, is

amended by adding at the end the following:

‘‘§ 44942. Performance goals and objectives

‘‘(a) SHORT TERM TRANSITION.—

‘‘(1) IN GENERAL.—Within 180 days after the date of enactment of the Aviation and Transportation Security Act, the

Under Secretary for Transportation Security may, in consultation with Congress—

‘‘(A) establish acceptable levels of performance for aviation security, including screening operations and access

control, and

‘‘(B) provide Congress with an action plan, containing

measurable goals and milestones, that outlines how those

levels of performance will be achieved.

‘‘(2) BASICS OF ACTION PLAN.—The action plan shall clarify

the responsibilities of the Transportation Security Administration, the Federal Aviation Administration and any other agency

39

or organization that may have a role in ensuring the safety and

security of the civil air transportation system.

‘‘(b) LONG-TERM RESULTS-BASED MANAGEMENT.—

‘‘(1) PERFORMANCE PLAN AND REPORT.—

‘‘(A) PERFORMANCE PLAN.—

‘‘(i) Each year, consistent with the requirements of

the Government Performance and Results Act of 1993

(GPRA), the Secretary and the Under Secretary for

Transportation Security shall agree on a performance

plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The

plan shall identify action steps necessary to achieve

such goals.

‘‘(ii) In addition to meeting the requirements of

GPRA, the performance plan should clarify the responsibilities of the Secretary, the Under Secretary for

Transportation Security and any other agency or organization that may have a role in ensuring the safety

and security of the civil air transportation system.

‘‘(B) PERFORMANCE REPORT.—Each year, consistent

with the requirements of GPRA, the Under Secretary for

Transportation Security shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include

the results achieved during the year relative to the goals established in the performance plan.

‘‘§ 44943. Performance management system

‘‘(a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEASURING STAFF PERFORMANCE.—The Under Secretary for Transportation Security shall establish a performance management system

which strengthens the organization’s effectiveness by providing for

the establishment of goals and objectives for managers, employees,

and organizational performance consistent with the performance

plan.

‘‘(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY FOR MEETING PERFORMANCE GOALS.—

‘‘(1) IN GENERAL.—Each year, the Secretary and Under Secretary of Transportation for Security shall enter into an annual

performance agreement that shall set forth organizational and

individual performance goals for the Under Secretary.

‘‘(2) GOALS.—Each year, the Under Secretary and each senior manager who reports to the Under Secretary shall enter into

an annual performance agreement that sets forth organization

and individual goals for those managers. All other employees

hired under the authority of the Under Secretary shall enter

into an annual performance agreement that sets forth organization and individual goals for those employees.

‘‘(c) PERFORMANCE-BASED SERVICE CONTRACTING.—To the extent contracts, if any, are used to implement the Aviation Security

Act, the Under Secretary for Transportation Security shall, to the

extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.’’.

40

SEC. 131. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING

COMMERCIAL FLIGHTS.

(a) IN GENERAL.—Subchapter II of chapter 449 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 44944. Voluntary provision of emergency services

‘‘(a) PROGRAM FOR PROVISION OF VOLUNTARY SERVICES.—

‘‘(1) PROGRAM.—The Under Secretary of Transportation for

Transportation Security shall carry out a program to permit

qualified law enforcement officers, firefighters, and emergency

medical technicians to provide emergency services on commercial air flights during emergencies.

‘‘(2) REQUIREMENTS.—The Under Secretary shall establish

such requirements for qualifications of providers of voluntary

services under the program under paragraph (1), including

training requirements, as the Under Secretary considers appropriate.

‘‘(3) CONFIDENTIALITY OF REGISTRY.—If as part of the program under paragraph (1) the Under Secretary requires or permits registration of law enforcement officers, firefighters, or

emergency medical technicians who are willing to provide emergency services on commercial flights during emergencies, the

Under Secretary shall take appropriate actions to ensure that

the registry is available only to appropriate airline personnel

and otherwise remains confidential.

‘‘(4) CONSULTATION.—The Under Secretary shall consult

with appropriate representatives of the commercial airline industry, and organizations representing community-based law

enforcement, firefighters, and emergency medical technicians, in

carrying out the program under paragraph (1), including the

actions taken under paragraph (3).

‘‘(b) EXEMPTION FROM LIABILITY.—An individual shall not be

liable for damages in any action brought in a Federal or State court

that arises from an act or omission of the individual in providing

or attempting to provide assistance in the case of an in-flight emergency in an aircraft of an air carrier if the individual meets such

qualifications as the Under Secretary shall prescribe for purposes of

this section.

‘‘(c) EXCEPTION.—The exemption under subsection (b) shall not

apply in any case in which an individual provides, or attempts to

provide, assistance described in that paragraph in a manner that

constitutes gross negligence or willful misconduct.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘44944. Voluntary provision of emergency services’’.

(c) CONSTRUCTION REGARDING POSSESSION OF FIREARMS.—

Nothing in this section may be construed to require any modification of regulations of the Department of Transportation governing

the possession of firearms while in aircraft or air transportation facilities or to authorize the possession of a firearm in an aircraft or

any such facility not authorized under those regulations.

41

SEC. 132. GENERAL AVIATION AND AIR CHARTERS.

(a) AIR CHARTER PROGRAM.—Within 90 days after the date of

enactment of this Act, the Under Secretary of Transportation for

Transportation Security shall implement an aviation security program for charter air carriers (as defined in section 40102(a)(13) of

title 49, United States Code) with a maximum certificated takeoff

weight of 12,500 pounds or more.

(b) GENERAL AVIATION PROGRAM.—Within 30 days after the

date of enactment of this Act, the Under Secretary of Transportation

for Transportation Security shall transmit a report on airspace and

other security measures that can be deployed, as necessary, to improve general aviation security to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. The Under

Secretary may submit the report in both classified and redacted

forms.

SEC. 133. DEFINITIONS.

Except as otherwise explicitly provided, any term used in this

title that is defined in section 40102 of title 49, United States Code,

has the meaning given that term in that section.

SEC. 134. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.

(a) FLIGHT SERVICE STATION EMPLOYEES.—It is the sense of

Congress that the Administrator of the Federal Aviation Administration should continue negotiating in good faith with flight service

station employees of the Administration with a goal of reaching

agreement on a contract as soon as possible.

(b) WAR RISK INSURANCE.—It is the sense of Congress that the

Secretary of Transportation should implement section 202 of the Air

Transportation Safety and System Stabilization Act (Public Law

107–42) so as to make war risk insurance directly available to vendors, agents, and subcontractors of air carriers for all of their domestic operations.

SEC. 135. SENSE OF THE HOUSE OF REPRESENTATIVES.

It is the sense of the House of Representatives that—

(1) the Under Secretary of Transportation for Security

should develop security procedures to allow passengers transporting a musical instrument on a flight of an air carrier to

transport the instrument in the passenger cabin of the aircraft,

notwithstanding any size or other restriction on carry-on baggage but subject to such other reasonable security procedures,

terms, and conditions as may be established by the Under Secretary or the air carrier, including imposing additional charges

by the air carrier; and

(2) an air carrier that transports mail under a contract

with the United States Postal Service should transport any animal that the Postal Service allows to be shipped through the

mail.

SEC. 136. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECURITY TECHNOLOGIES AND PROCEDURES.

Section 44903 of title 49, United States Code, is amended by

adding at the end the following:

‘‘(i) SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING

SECURITY TECHNOLOGIES AND PROCEDURES.—

42

‘‘(1) IN GENERAL.—The Under Secretary of Transportation

for Security shall recommend to airport operators, within 6

months after the date of enactment of the Aviation and Transportation Security Act, commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons. As part of the 6-month assessment, the Under Secretary for Transportation Security shall— ‘‘(A) review the effectiveness of biometrics systems currently in use at several United States airports, including

San Francisco International; ‘‘(B) review the effectiveness of increased surveillance at

access points; ‘‘(C) review the effectiveness of card- or keypad-based

access systems; ‘‘(D) review the effectiveness of airport emergency exit

systems and determine whether those that lead to secure

areas of the airport should be monitored or how breaches

can be swiftly responded to; and ‘‘(E) specifically target the elimination of the ‘piggybacking’ phenomenon, where another person follows an authorized person through the access point.

The 6-month assessment shall include a 12-month deployment

strategy for currently available technology at all category X airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108 of

title 14, Code of Federal Regulations. Not later than 18 months

after the date of enactment of this Act, the Secretary of Transportation shall conduct a review of reductions in unauthorized

access at these airports.

‘‘(2) COMPUTER-ASSISTED PASSENGER PRESCREENING SYSTEM.—

‘‘(A) IN GENERAL.—The Secretary of Transportation

shall ensure that the Computer-Assisted Passenger

Prescreening System, or any successor system— ‘‘(i) is used to evaluate all passengers before they

board an aircraft; and ‘‘(ii) includes procedures to ensure that individuals

selected by the system and their carry-on and checked

baggage are adequately screened.

‘‘(B) MODIFICATIONS.—The Secretary of Transportation

may modify any requirement under the Computer-Assisted

Passenger Prescreening System for flights that originate

and terminate within the same State, if the Secretary determines that—

‘‘(i) the State has extraordinary air transportation

needs or concerns due to its isolation and dependence

on air transportation; and ‘‘(ii) the routine characteristics of passengers, given

the nature of the market, regularly triggers primary selectee status.’’.

SEC. 137. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY

TECHNOLOGY.

(a) FUNDING.—To augment the programs authorized in section

44912(a)(1) of title 49, United States Code, there is authorized to be

appropriated an additional $50,000,000 for each of fiscal years

43

2002 through 2006 and such sums as are necessary for each fiscal

year thereafter to the Transportation Security Administration, for

research, development, testing, and evaluation of the following technologies which may enhance aviation security in the future. Grants

to industry, academia, and Government entities to carry out the provisions of this section shall be available for fiscal years 2002 and

2003 for—

(1) the acceleration of research, development, testing, and

evaluation of explosives detection technology for checked baggage, specifically, technology that is— (A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized airports, and is currently under development as part of the

Argus research program at the Transportation Security Administration;

(B) faster, to facilitate screening of all checked baggage

at larger airports; or

(C) more accurate, to reduce the number of false

positives requiring additional security measures;

(2) acceleration of research, development, testing, and evaluation of new screening technology for carry-on items to provide

more effective means of detecting and identifying weapons, explosives, and components of weapons of mass destruction, including advanced x-ray technology;

(3) acceleration of research, development, testing, and evaluation of threat screening technology for other categories of

items being loaded onto aircraft, including cargo, catering, and

duty-free items;

(4) acceleration of research, development, testing, and evaluation of threats carried on persons boarding aircraft or entering secure areas, including detection of weapons, explosives,

and components of weapons of mass destruction;

(5) acceleration of research, development, testing and evaluation of integrated systems of airport security enhancement,

including quantitative methods of assessing security factors at

airports selected for testing such systems;

(6) expansion of the existing program of research, development, testing, and evaluation of improved methods of education,

training, and testing of key airport security personnel; and

(7) acceleration of research, development, testing, and evaluation of aircraft hardening materials, and techniques to reduce the vulnerability of aircraft to terrorist attack.

(b) GRANTS.—Grants awarded under this subtitle shall identify

potential outcomes of the research, and propose a method for quantitatively assessing effective increases in security upon completion of

the research program. At the conclusion of each grant, the grant recipient shall submit a final report to the Transportation Security

Administration that shall include sufficient information to permit

the Under Secretary of Transportation for Security to prepare a

cost-benefit analysis of potential improvements to airport security

based upon deployment of the proposed technology. The Under Secretary shall begin awarding grants under this subtitle within 90

days of the date of enactment of this Act.

(c) BUDGET SUBMISSION.—A budget submission and detailed

strategy for deploying the identified security upgrades recommended

44

upon completion of the grants awarded under subsection (b), shall

be submitted to Congress as part of the Department of Transportation’s annual budget submission.

(d) DEFENSE RESEARCH.—There is authorized to be appro- priated $20,000,000 to the Transportation Security Administration

to issue research grants in conjunction with the Defense Advanced

Research Projects Agency. Grants may be awarded under this section for—

(1) research and development of longer-term improvements

to airport security, including advanced weapons detection;

(2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate parties;

(3) advances in biometrics for identification and threat assessment; or

(4) other technologies for preventing acts of terrorism in

aviation.

SEC. 138. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

(a) IN GENERAL.—Section 44936 of title 49, United States Code,

is amended— (1) by inserting ‘‘and a review of available law enforcement

data bases and records of other governmental and international

agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security,’’ after ‘‘check’’ in subsection (a)(1)(A);

(2) by striking ‘‘in any case described in subparagraph (C)’’ in subsection (a)(1)(B) and inserting ‘‘and a review of available

law enforcement data bases and records of other governmental

and international agencies to the extent determined practicable

by the Under Secretary of Transportation for Transportation

Security’’;

(3) by striking ‘‘will be’’ in subsection (a)(1)(B)(i) and inserting ‘‘are’’;

(4) by striking ‘‘and’’ after the semicolon in clause (ii) of

subsection (a)(1)(B)

(5) by redesignating clause (iii) of subsection (a)(1)(B) as

clause (iv);

(6) by inserting after clause (ii) of subsection (a)(1)(B) the

following: ‘‘(iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier

or a secured area of an airport in the United States the

Administrator designates that serves an air carrier or

foreign air carrier; and’’;

(7) by striking subparagraphs (C), (D), and (E) of subsection (a)(1) and redesignating subparagraph (F) as subparagraph (D);

(8) by inserting after subparagraph (B) of subsection (a)(1)

the following: ‘‘(C) BACKGROUND CHECKS OF CURRENT EMPLOYEES.—

‘‘(i) A new background check (including a criminal

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tation for Transportation Security shall be required for

any individual who is employed in a position described

in subparagraphs (A) and (B) on the date of enactment

of the Aviation and Transportation Security Act. ‘‘(ii) The Under Secretary may provide by order

(without regard to the provisions of chapter 5 of title

5, United States Code) for a phased-in implementation

of the requirements of this subparagraph.’’;

(9) by striking ‘‘107.31(m)’’ in subparagraph (D), as redesignated, and inserting ‘‘107.31(m)(1) or (2)’’;

(10) by striking ‘‘the date of enactment of this subparagraph.’’ in subparagraph (D), as redesignated, and inserting ‘‘November 22, 2000. The Under Secretary shall work with the

International Civil Aviation Organization and with appropriate

authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security.’’;

(11) by striking ‘‘carrier, or airport operator’’ in subsection

(a)(2) and inserting ‘‘carrier, airport operator, or government’’;

(12) by striking ‘‘carrier, or airport operator’’ in subsection

(b)(1) and inserting ‘‘carrier, airport operator, or government’’;

(13) by striking ‘‘carrier, or airport operator’’ in subsection

(b)(3) and inserting ‘‘carrier, airport operator, or government’’;

and

(14) by adding at the end of subsection (c)(1) ‘‘All Federal

agencies shall cooperate with the Under Secretary and the

Under Secretary’s designee in the process of collecting and submitting fingerprints.’’. (b) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Part A of

subtitle VII is amended— (1) by moving subsections (f), (g), and (h) of section 44936

from section 44936, inserting them at the end of section 44703,

and redesignating them as subsections (h), (i), and (j), respectively; and

(2) in subsections (i) and (j) of section 44703 (as moved to

the end of section 44703 by paragraph (1) of this subsection),

by striking ‘‘subsection (f)’’ each place it appears and inserting ‘‘subsection (h)’’.

SEC. 139. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.

Chapter 451 of title 49, United States Code, is amended— (1) by striking ‘‘contract personnel’’ each place it appears

and inserting ‘‘personnel’’;

(2) by striking ‘‘contract employee’’ each place it appears

and inserting ‘‘employee’’;

(3) in section 45106(c) by striking ‘‘contract employees’’ and

inserting ‘‘employees’’;

(4) by inserting after section 45106 the following:

‘‘§ 45107. Transportation Security Administration

‘‘(a) TRANSFER OF FUNCTIONS RELATING TO TESTING PROGRAMS

WITH RESPECT TO AIRPORT SECURITY SCREENING PERSONNEL.—The

authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing

of airport security screening personnel are transferred to the Under

Secretary of Transportation for Security. Notwithstanding section

46

45102(a), the regulations prescribed under section 45102(a) shall require testing of such personnel by their employers instead of by air

carriers and foreign air carriers.

‘‘(b) APPLICABILITY OF CHAPTER WITH RESPECT TO EMPLOYEES

OF ADMINISTRATION.—The provisions of this chapter that apply

with respect to employees of the Federal Aviation Administration

whose duties include responsibility for safety-sensitive functions

shall apply with respect to employees of the Transportation Security

Administration whose duties include responsibility for security-sensitive functions. The Under Secretary of Transportation for Security,

the Transportation Security Administration, and employees of the

Transportation Security Administration whose duties include responsibility for security-sensitive functions shall be subject to and

comply with such provisions in the same manner and to the same

extent as the Administrator of the Federal Aviation Administration,

the Federal Aviation Administration, and employees of the Federal

Aviation Administration whose duties include responsibility for

safety-sensitive functions, respectively.’’; and

(5) in the analysis for such chapter by inserting after the

item relating to section 45106 the following:

‘‘45107. Transportation Security Administration.’’.

SEC. 140. CONFORMING AMENDMENTS TO SUBTITLE VII.

(a) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Part A of

subtitle VII of title 49, United States Code, is amended—

(1) by moving subsections (f), (g), and (h) of section 44936

from section 44936, inserting them at the end of section 44703,

and redesignating them as subsections (h), (i), and (j), respectively; and

(2) in subsections (i) and (j) of section 44703 (as moved to

the end of section 44703 by paragraph (1) of this subsection),

by striking ‘‘subsection (f)’’ each place it appears and inserting

‘‘subsection (h)’’.

(b) INVESTIGATIONS AND PROCEDURES.—Chapter 461 of such

title is amended—

(1) in each of sections 46101(a)(1), 46102(a), 46103(a),

46104(a), 46105(a), 46106, 46107(b), and 46110(a) by inserting

after ‘‘(or’’ the following: ‘‘the Under Secretary of Transportation

for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’’;

(2) by striking ‘‘or Administrator’’ each place it appears and

inserting ‘‘, Under Secretary, or Administrator’’;

(3) in section 46101(a)(2) by striking ‘‘of Transportation or

the’’ and inserting ‘‘, Under Secretary, or’’;

(4) in section 46102(b) by striking ‘‘and the Administrator’’

and inserting ‘‘, the Under Secretary, and the Administrator’’;

(5) in section 46102(c) by striking ‘‘and Administrator’’ each

place it appears and inserting ‘‘, Under Secretary, and Administrator’’;

(6) in each of sections 46102(d) and 46104(b) by inserting

‘‘the Under Secretary,’’ after ‘‘Secretary,’’;

(7) in the heading to section 46106 by striking ‘‘Secretary

of Transportation and Administrator of the Federal

Aviation Administration’’ and inserting ‘‘Department of

Transportation’’; and

47

(8) in the item relating to section 46106 of the analysis for

such chapter by striking ‘‘Secretary of Transportation and Administrator of the Federal Aviation Administration’’ and inserting ‘‘Department of Transportation’’.

(c) ADMINISTRATIVE.—Section 40113 of such title is amended—

(1) in subsection (a)—

(A) by inserting after ‘‘(or’’ the following: ‘‘the Under

Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the

Under Secretary or’’; and

(B) by striking ‘‘or Administrator’’ and inserting ‘‘,

Under Secretary, or Administrator’’; and

(2) in subsection (d)—

(A) by inserting after ‘‘The’’ the following: ‘‘Under Secretary of Transportation for Security or the’’;

(B) by striking ‘‘Administration’’ the second place it appears and inserting ‘‘Transportation Security Administration or Federal Aviation Administration, as the case may

be,’’; and

(C) by striking ‘‘the Administrator decides’’ and inserting ‘‘the Under Secretary or Administrator, as the case may

be, decides’’.

(d) PENALTIES.—Chapter 463 of such title is amended—

(1) in section 46301(d)(2)—

(A) by striking ‘‘, chapter 449 (except sections 44902,

44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and

44909),’’;

(B) by inserting after the first sentence the following:

‘‘The Under Secretary of Transportation for Security may

impose a civil penalty for a violation of chapter 449 (except

sections 44902, 44903(d), 44907(a)–(d)(1)(A),

44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.’’; and

(C) by inserting ‘‘Under Secretary or’’ before ‘‘Administrator shall’’;

(2) in each of paragraphs (3) and (4) of section 46301(d) by

striking ‘‘Administrator’’ each place it appears and inserting

‘‘Under Secretary or Administrator’’;

(3) in section 46301(d)(8) by striking ‘‘Administrator’’ and

inserting ‘‘Under Secretary, Administrator,’’;

(4) in section 46301(h)(2) by inserting after ‘‘(or’’ the following: ‘‘the Under Secretary of Transportation for Security

with respect to security duties and powers designated to be carried out by the Under Secretary or’’;

(5) in section 46303(c)(2) by inserting ‘‘or the Under Secretary of Transportation for Security’’ after ‘‘Federal Aviation

Administration’’;

(6) in section 46311—

(A) by inserting after ‘‘Transportation,’’ the following:

‘‘the Under Secretary of Transportation for Security with

respect to security duties and powers designated to be carried out by the Under Secretary,’’;

(B) by inserting after ‘‘Secretary,’’ each place it appears

the following: ‘‘Under Secretary,’’; and

48

(C) by striking ‘‘or Administrator’’ each place it appears

and inserting ‘‘, Under Secretary, or Administrator’’;

(7) in each of sections 46313 and 46316 by inserting after ‘‘(or’’ the following: ‘‘the Under Secretary of Transportation for

Security with respect to security duties and powers designated

to be carried out by the Under Secretary or’’; and

(8) in section 46505(d)(2) by inserting ‘‘or the Under Secretary of Transportation for Security’’ after ‘‘Federal Aviation

Administration’’.

SEC. 141. SAVINGS PROVISION.

(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as otherwise

provided in this Act, those personnel, property, and records employed, used, held, available, or to be made available in connection

with a function transferred to the Transportation Security Administration by this Act shall be transferred to the Transportation Security Administration for use in connection with the functions transferred. Unexpended balances of appropriations, allocations, and

other funds made available to the Federal Aviation Administration

to carry out such functions shall also be transferred to the Transportation Security Administration for use in connection with the

functions transferred.

(b) LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements,

certificates, licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by the Federal Aviation Administration, any officer or employee thereof, or any other Government official, or by

a court of competent jurisdiction, in the performance of any

function that is transferred by this Act; and

(2) that are in effect on the effective date of such transfer

(or become effective after such date pursuant to their terms as

in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set

aside, or revoked in accordance with law by the Under Secretary of Transportation for Security, any other authorized official, a court of competent jurisdiction, or operation of law.

(c) PROCEEDINGS.— (1) IN GENERAL.—The provisions of this Act shall not affect

any proceedings or any application for any license pending before the Federal Aviation Administration at the time this Act

takes effect, insofar as those functions are transferred by this

Act; but such proceedings and applications, to the extent that

they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken

therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in

any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official,

by a court of competent jurisdiction, or by operation of law.

(2) STATUTORY CONSTRUCTION.—Nothing in this subsection

shall be deemed to prohibit the discontinuance or modification

of any proceeding described in paragraph (1) under the same

terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act

had not been enacted.

49

(3) ORDERLY TRANSFER.—The Secretary of Transportation

is authorized to provide for the orderly transfer of pending proceedings from the Federal Aviation Administration.

(d) SUITS.—

(1) IN GENERAL.—This Act shall not affect suits commenced

before the date of the enactment of this Act, except as provided

in paragraphs (2) and (3). In all such suits, proceeding shall

be had, appeals taken, and judgments rendered in the same

manner and with the same effect as if this Act had not been enacted.

(2) SUITS BY OR AGAINST FAA.—Any suit by or against the

Federal Aviation Administration begun before the date of the

enactment of this Act shall be continued, insofar as it involves

a function retained and transferred under this Act, with the

Transportation Security Administration (to the extent the suit

involves functions transferred to the Transportation Security

Administration under this Act) substituted for the Federal Aviation Administration.

(3) REMANDED CASES.—If the court in a suit described in

paragraph (1) remands a case to the Transportation Security

Administration, subsequent proceedings related to such case

shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.

(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No suit, action, or other proceeding commenced by or against any officer in his

official capacity as an officer of the Federal Aviation Administration

shall abate by reason of the enactment of this Act. No cause of action by or against the Federal Aviation Administration, or by or

against any officer thereof in his official capacity, shall abate by

reason of the enactment of this Act.

(f) EXERCISE OF AUTHORITIES.—Except as otherwise provided

by law, an officer or employee of the Transportation Security Administration may, for purposes of performing a function transferred

by this Act or the amendments made by this Act, exercise all authorities under any other provision of law that were available with

respect to the performance of that function to the official responsible

for the performance of the function immediately before the effective

date of the transfer of the function under this Act.

(g) ACT DEFINED.—In this section, the term ‘‘Act’’ includes the

amendments made by this Act.

SEC. 142. BUDGET SUBMISSIONS.

The President’s budget submission for fiscal year 2003 and each

fiscal year thereafter shall reflect the establishment of the Transportation Security Administration.

SEC. 143. LAND ACQUISITION COSTS.

In the case of a grant for land acquisition issued to an airport

under chapter 471 of title 49, United States Code, prior to January

1, 1995, the Secretary of Transportation may waive the provisions

of section 47108 of such title and provide an upward adjustment in

the maximum obligation of the United States under that chapter to

assist the airport in funding land acquisition costs (and associated

eligible costs) that increased as a result of a judicial order.

50

SEC. 144. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL

VIOLENCE OR AIRCRAFT PIRACY.

Section 44903 is amended by adding at the end the following:

‘‘(h) LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL

VIOLENCE OR AIRCRAFT PIRACY.—An individual shall not be liable

for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act

of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was

occurring or was about to occur.’’.

SEC. 145. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE.

(a) IN GENERAL.—Each air carrier that provides scheduled air

transportation on a route shall provide, to the extent practicable, air

transportation to passengers ticketed for air transportation on that

route by any other air carrier that suspends, interrupts, or discontinues air passenger service on the route by reason of insolvency or

bankruptcy of the other air carrier.

(b) PASSENGER OBLIGATION.—An air carrier is not required to

provide air transportation under subsection (a) to a passenger unless that passenger makes alternative arrangements with the air

carrier for such transportation within 60 days after the date on

which that passenger’s air transportation was suspended, interrupted, or discontinued (without regard to the originally scheduled

travel date on the ticket).

(c) SUNSET.—This section does not apply to air transportation

the suspension, interruption, or discontinuance of which occurs

more than 18 months after the date of enactment of this Act.

SEC. 146. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.

Upon request of an operator of an aircraft affected by the restrictions imposed under Notice to Airmen FDC 1/0618 issued by

the Federal Aviation Administration, or any other notice issued

after September 11, 2001, and prior to the date of enactment of this

Act that restricts the ability of United States registered aircraft to

conduct operations under part 91 of title 14, Code of Federal Regulations, in enhanced class B airspace (as defined by such Notice),

such restrictions shall cease to be in effect for the affected class of

operator beginning on the 30th day following the request, unless the

Secretary of Transportation publishes a notice in the Federal Register before such 30th day reimposing the restriction and explaining

the reasons for the restriction.

SEC. 147. AVIATION WAR RISK INSURANCE.

Section 44306(b) of title 49, United States Code, is amended by

striking ‘‘60 days’’ each place it appears and inserting ‘‘1 year’’.

TITLE II—LIABILITY LIMITATION

SEC. 201. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION

ACT AMENDMENTS.

(a) RECOVERY OF COLLATERAL SOURCE OBLIGATIONS OF TERRORISTS.—Section 405(c)(3)(B)(i) of the Air Transportation Safety

and System Stabilization Act (49 U.S.C. 40101 note) is amended by

striking ‘‘obligations.’’ and inserting ‘‘obligations, or to a civil action

against any person who is a knowing participant in any conspiracy

to hijack any aircraft or commit any terrorist act.’’.

51

(b) EXTENSION OF LIABILITY RELIEF TO AIRCRAFT MANUFAC- TURERS AND OTHERS.—Section 408 of that Act is amended— (1) by striking ‘‘air carrier’’ in the section heading;

(2) by striking subsection (a) and inserting the following: ‘‘(a) IN GENERAL.— ‘‘(1) LIABILITY LIMITED TO INSURANCE COVERAGE.—Notwithstanding any other provision of law, liability for all claims,

whether for compensatory or punitive damages or for contribution or indemnity, arising from the terrorist-related aircraft

crashes of September 11, 2001, against an air carrier, aircraft

manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11, 2001, whether

fee simple, leasehold or easement, direct or indirect, or their directors, officers, employees, or agents, shall not be in an amount

greater than the limits of liability insurance coverage maintained by that air carrier, aircraft manufacturer, airport sponsor, or person. ‘‘(2) WILLFUL DEFAULTS ON REBUILDING OBLIGATION.— Paragraph (1) does not apply to any such person with a property interest in the World Trade Center if the Attorney General

determines, after notice and an opportunity for a hearing on the

record, that the person has defaulted willfully on a contractual

obligation to rebuild, or assist in the rebuilding of, the World

Trade Center. ‘‘(3) LIMITATIONS ON LIABILITY FOR NEW YORK CITY.—Liability for all claims, whether for compensatory or punitive

damages or for contribution or indemnity arising from the terrorist-related aircraft crashes of September 11, 2001, against

the City of New York shall not exceed the greater of the city’s

insurance coverage or $350,000,000. If a claimant who is eligible to seek compensation under section 405 of this Act, submits

a claim under section 405, the claimant waives the right to file

a civil action (or to be a party to an action) in any Federal or

State court for damages sustained as a result of the terroristrelated aircraft crashes of September 11, 2001, including any

such action against the City of New York. The preceding sentence does not apply to a civil action to recover collateral source

obligations.’’; and

(3) by adding at the end of subsection (c) the following:

‘‘Subsections (a) and (b) do not apply to civil actions to recover

collateral source obligations. Nothing in this section shall in

any way limit any liability of any person who is engaged in the

business of providing air transportation security and who is not

an airline or airport sponsor or director, officer, or employee of

an airline or airport sponsor.’’.

(c) LIMITATION OF UNITED STATES SUBROGATION RIGHT.—Section 409 of that Act is amended by striking ‘‘title.’’ and inserting

‘‘title, subject to the limitations described in section 408.’’.

(d) DEFINITIONS.—Section 402 of that Act is amended— (1) by adding at the end of paragraph (1) the following: ‘‘The term ‘air carrier’ does not include a person, other than an

air carrier, engaged in the business of providing air transportation security.’’. (2) by redesignating paragraphs (3) through (8) as paragraphs (5) through (10), respectively; and

52

(3) by inserting after paragraph (2) the following:

‘‘(3) AIRCRAFT MANUFACTURER.—The term ‘aircraft manufacturer’ means any entity that manufactured the aircraft or

any parts or components of the aircraft involved in the terrorist

related aircraft crashes of September 11, 2001, including employees and agents of that entity. ‘‘(4) AIRPORT SPONSOR.—The term ‘airport sponsor’ means

the owner or operator of an airport (as defined in section 40102

of title 49, United States Code).’’. And the House agree to the same.

DON YOUNG,

THOMAS PETRI,

JOHN J. DUNCAN, Jr.,

JOHN L. MICA,

VERNON J. EHLERS,

JAMES L. OBERSTAR,

WILLIAM O. LIPINSKI,

PETER DEFAZIO,

Managers on the Part of the House.

ERNEST F. HOLLINGS, DANIEL K. INOUYE, JOHN D. ROCKEFELLER IV,

JOHN F. KERRY, JOHN BREAUX, BYRON L. DORGAN, RON WYDEN, JOHN MCCAIN, TRENT LOTT, KAY BAILEY HUTCHISON, OLYMPIA SNOWE, Managers on the Part of the Senate.

(53)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the Senate and House at the conference on the disagreeing vote of the two Houses on the amendment of the House of Representatives to the bill (S. 1447), to improve aviation security, and for other purposes, submit the following joint statement to the Senate and House in explanation of

the effects of the action agreed upon by the managers and recommended in the accompanying conference report:

The House amendment struck all of the Senate bill after the

enacting clause and inserted a substitute text.

The Senate recedes from its disagreement to the amendment

of the House with an amendment that is a substitute for the Senate bill and the House amendment. The differences between the

Senate bill, the House amendment, and the substitute agreed to in

conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the

conferees, and minor drafting and clerical changes.

1. SHORT TITLE

Senate bill

Section 1: ‘‘Aviation Security Act’’.

House amendment

Section 1: ‘‘Airport Security Federalization Act of 2001’’.

Conference substitute

The title of the legislation will be ‘‘The Aviation and Transportation Security Act.’’

2. FINDINGS

Senate bill

Section 101: 7 findings on the importance of security and the

need for Federal control and other changes.

House amendment

No provision.

Conference substitute

The conferees recognize that the safety and security of the civil

air transportation system is critical to the security of the United

States and its national defense, and that a safe and secure United

States civil air transportation system is essential to the basic freedom of America to move in intrastate, interstate and international

transportation. The conferees further note the terrorist hijacking

and crashes of passenger aircraft on September 11, 2001, which

converted civil aircraft into guided bombs for strikes against the

United States, required a fundamental change in the way it approaches the task of ensuring the safety and security of the civil

air transportation system.

54

The Conferees expect that security functions at United States

airports should become a Federal government responsibility, and it

is their belief that while the number of Federal air marshals is

classified, their presence would have a deterrent effect on hijacking

and would further bolster public confidence in the safety of air

travel. The Conferees also noted that the effectiveness of existing

security measures, including employee background checks and passenger pre-screening, is currently impaired because of the inaccessibility of, or the failure to share information among, data bases

maintained by different Federal and international agencies for

criminal behavior or pertinent intelligence information.

The Conferees developed this legislation to address the security of the nation’s transportation system.

3. ORGANIZATION OF SECURITY FUNCTION WITHIN DOT

Senate bill

Section 102: Creates a new Deputy Secretary of Transportation.

House amendment

Section 101: Creates a new Transportation Security Administration (TSA) within DOT headed by an Under Secretary. Establishes qualifications. Sets 5-year term. TSA has same procurement

and personnel authority as the FAA.

Conference substitute

The Conference Report creates the Transportation Security Administration (TSA) to be headed by an Under Secretary within the

DOT.

4. FUNCTIONS OF DEPUTY SECRETARY OR UNDER SECRETARY

Senate bill

Section 102(a): Coordinate and direct the functions of DOT and

FAA under Chapter 449.

Work with the FAA on actions that affect safety.

Coordinate with DOJ, DOD, and other agencies on matters related to aviation security.

Coordinate transportation and actions of other agencies during

an emergency. (This does not supersede the authority of any other

agency.)

Establish uniform standards for transportation during an

emergency.

Provide notice to other agencies about threats during an emergency. The Secretary defines what constitutes an emergency.

Take other actions, the Secretary shall prescribe.

House amendment

Section 101: Under Secretary will be responsible for security in

all modes of transportation. Specifically, Under Secretary is responsible for the following:

Receiving, assessing, and distributing intelligence information to the appropriate people in the transportation community.

Assessing threats to transportation.

Developing policies to deal with these threats.

Coordinating with other agencies.

Serve as the liaison with the intelligence community.

55

Supervising airport security using Federal uniformed personnel.

Manage the Federal security personnel in the field.

Enforce security regulations.

Undertake research to improve security.

Inspect, maintain, and test security equipment.

Ensure that adequate security is provided for the transportation of cargo.

Oversee the security at airports and other transportation

facilities.

Perform background checks on screeners and those who

work at airports.

Develop standards for the hiring and firing of screeners.

Train and test screeners.

Conference substitute

The Conferees believe the best way to ensure effective Federal

management of the nation’s transportation system is through the

creation of a new Administration within DOT to be called the

Transportation Security Administration (TSA). The TSA’s responsibilities will encompass security in all modes of transportation.

5. PAY OF DEPUTY SECRETARY OR UNDER SECRETARY

Senate bill

Section 127: Paid at level II of the Executive Schedule plus bonuses based on performance.

House amendment

Section 101(c): Paid at level II of the Executive Schedule

($141,300 in 2000).

Conference substitute

The Conferees direct that the Under Secretary is to be paid at

Level II of the Executive Schedule ($141,300 in 2000). A bonus, not

to exceed thirty percent of the annual salary may be provided

based on the performance of the US to be determined by the Secretary.

6. REPORTS

Senate bill

Section 102(a): Annual report of activities.

Section 127: Annual DOT report on results achieved relative to

the agency security performance plan.

Section 112: 60-day report on additional security measures.

Section 133: 120-day report on the new DOJ responsibilities for

aviation security.

Section 113: 3-month report on how to improve security of general aviation and air charters.

House amendment

Section 106: Eliminates existing report in section 44938 of title

49, United States Code.

Conference substitute

(House)

6A. ENHANCED SECURITY

Senate bill

56

Section 115: 120 day report on the following issues:

(1) Requiring verification of airport employees’ identity.

(2) Installing switches so flight attendants can notify pilots

of a hijacking.

(3) Revalidating airline and airport employee identification

cards.

(4) Updating strategy for dealing with hijackings.

(5) Technology to improve communication between aircraft

and ground facilities.

Section 211: DOT shall study options for improving positive

IDs of passengers at check-in counters and boarding areas. Report

required in 6 months.

House amendment

Section 106: Requires the Under Secretary to address the

issues listed below and to report 6 months after the date of enactment on the progress being made in implementing each.

A similar report would have to be submitted each year thereafter until all the items had either been implemented or rejected:

(1) Develop procedures (such as barrel roles or depressurizing the aircraft) and authorize equipment (such as lethal or

non-lethal weapons) to help the pilot defend the aircraft

against hijackers.

(2) After consultation with the FAA, find ways to—

(A) limit access to the cockpit;

(B) strengthen cockpit doors;

(C) use video cameras to alert pilots to problems in the

passenger cabin without having to open the cockpit door;

(D) ensure that the aircraft transponder cannot be

turned off in flight.

(3) Impose standards for the screening or inspection of vehicles and employees of aircraft fuelers, caterers, cleaners, and

others who have access to aircraft and secure areas of airports.

(4) Require airlines to provide emergency call capability

from aircraft and trains.

(5) Use various technologies, such as voice stress analysis,

to prevent a dangerous person from boarding a plane.

(6) Develop certification standards for individual screeners.

(7) Establish performance goals and use Threat Image Projection (TIP) or similar devices to test whether screeners are

meeting those goals or certification standards.

(8) Develop ways for airlines to have access to law enforcement and immigration data bases to ensure that dangerous

people do not board their planes.

(9) Use the profiling system known as CAPS to not only

give special scrutiny to selected checked baggage but also to

the passengers who fit the profile and their carry-on baggage.

(10) Use technology to ensure that airport and airline employees and law enforcement officers are who they claim to be.

(11) Install switches in the passenger cabin so that flight

attendants can discreetly notify a pilot if there is a problem.

(12) Change the training of airline personnel in light of the

change in the methods and goals of hijackers as evidenced by

the attack of September 11th.

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(13) Provide for background checks for those seeking flying

lessons on large aircraft or flight simulators of such aircraft.

(14) Enter into agreements allowing trained law enforcement personnel of other agencies to travel with guns in order

to assist a sky marshal.

(15) Perform more thorough background checks (including

review of immigration and other government records) of airport

screeners, student pilots, and others who have unescorted access to secure areas of the airport.

(16) Establish a uniform system for identifying law enforcement personnel authorized to carry a gun on board to ensure they are who they claim to be.

(17) Allow airlines to implement trusted passenger programs to use technology to expedite screening for those passengers that wish to participate.

(18) Develop security procedures for stem cells and other

medical containers that cannot be opened or x-rayed.

(19) Develop security procedures to allow musical instruments to be carried in the passenger cabin.

(20) Provide for the use of wireless devices to enable communications among airport security personnel about potential

threats.

Conference substitute

The Under Secretary shall decide upon establishing security

measures to: ensure that the flight transponder cannot be turned

off in flight; require airlines to provide emergency call capability

from aircraft and trains; use voice stress analysis, biometric, and

other technologies to prevent dangerous persons from boarding a

plane; establish a uniform system for identifying law enforcement

personnel traveling with firearms to ensure they are who they

claim to be; require the consideration of alternative security procedures that would not damage medical products; allow airlines to

implement trusted passenger programs to use technology to expedite screening on a voluntary basis; and, provide for the use of

technology to enhance communications among airport security personnel about potential threats. The conferees encourage efforts by

the Transportation Security Administration and professional organizations representing industry to use biometric information, such

as fingerprints collected initially as input to the background check

process, for future verification of identity at access control points

to secure airport areas. The Conferees applaud efforts to improve

day-to-day airport security by utilizing this raw biometric information collected from individuals as a recurrent identifier for access

to secure areas. The Conferees urge the Transportation Security

Administration to work with industry organizations that can assist

in the process of background checks, record-keeping, and universal

access control data.

7. RESPONSIBILITY OF THE ATTORNEY GENERAL

Senate bill

Section 102(b): Responsible for screening, including the hiring

and training of screeners.

House amendment

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No provision—The Under Secretary is responsible for screening.

Conference substitute

No provision.

8. TRANSITION

Senate bill

Section 102(d): Until Deputy Secretary takes office, the functions are performed by the Assistant Administrator of the FAA.

Section 108: Transition to Attorney General immediate. Actions completed in 9 months.

House amendment

Section 101: Under Secretary shall assume civil aviation security responsibilities in 3 months. In the meantime, Under Secretary

can take over airline contracts with screening companies.

No change until Under Secretary is appointed.

Conference substitute

The Conferees direct the Under Secretary to assume responsibility for civil aviation security within 3 months of the enactment

of this legislation.

9. TECHNOLOGY AND EQUIPMENT

Senate bill

Section 102(c): Amends 44932(c) to require FAA to ensure the

use of the best available security equipment, not merely the best

available x-ray equipment.

Section 108: Restates provision in current law requiring manual process where equipment is now underutilized.

Section 132: By September 30, 2002, FAA shall decide the feasibility of implementing technologies designed to protect aviation

and automatically detect bombs, drugs, hazardous chemicals, and

nuclear devices.

Section 201(b): FAA shall deploy and use existing bomb detection equipment. Within 60 days, FAA shall establish goals for— (1) deploying equipment now in storage;

(2) specifying a percentage of checked bags to be scanned

within 6 months, with a goal of scanning 100 percent;

(3) the number of bomb detectors that will be purchased

for deployment at medium sized airports within 6 months. [See

item 29.]

House amendment

Section 106: Makes no change in section 44932(c) of title 49,

United States Code, but directs Under Secretary to consider requiring various technologies described in item 6 above and report to

Congress on them 6 months after enactment and annually thereafter until those technologies are deployed or a decision is made

not to deploy them.

Conference substitute

The Conferees want new, state-of-the-art security equipment

installed at airports on an expedited basis, and immediate action

taken to ensure that existing explosive detection equipment is employed to the greatest extent possible for the screening of checked

baggage. It is expected that additional equipment will be installed

in as timely a manner as possible, and in the interim, other sysVerDate 11-MAY-2000 05:43 Nov 17, 2001 Jkt 076166 PO 00000 Frm 00058 Fmt 6601 Sfmt 6601 E:\HR\OC\HR296.XXX pfrm07 PsN: HR296
59

tems will be used to screen baggage. The Conferees agree that everything going on board a passenger aircraft should be screened

within 60 days by FAA-approved methods.

10. AIRWORTHINESS OBJECTIONS BY FAA

Senate bill

Section 102: Must consult with FAA on all matters affecting

safety and operations.

House amendment

Section 106: Under Secretary cannot take an action if notified

by the FAA that it would adversely affect the airworthiness of the

aircraft unless the Secretary approves the action.

Conference substitute

House provision.

11. ROLE OF NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)

Senate bill

No provision.

House amendment

Section 106: In taking an action that could affect safety, Under

Secretary shall solicit and give great weight to views of NTSB.

Conference substitute

The Conferees instruct that in taking actions that could affect

safety, the timely views of the National Transportation Safety

Board (NTSB) will be taken into consideration by the Under Secretary. The conferees wished to emphasize that the views of the

NTSB should be provided in a sufficiently and timely manner so

those views could be fully considered by the Under Secretary.

12. BIOLOGICAL AND CHEMICAL WEAPONS

Senate bill

Section 102(c): FAA shall develop ways to enhance the ability

to detect biological and chemical weapons.

Section 106(c): DOT shall require airports to maximize the use

of equipment to detect these weapons.

House bill

No provision.

Conference substitute

The Conference Report requires airports to maximize the use

of equipment to detect and neutralize biological and chemical weapons, and instructs the FAA to develop ways to enhance the detection of these weapons.

13. OVERSIGHT AND COORDINATION

Senate bill

Section 103: Establishes Aviation Security Oversight Council

(ASOC), chaired by DOT Secretary and composed of DOJ, DOD,

Treasury, CIA, and any other agency head DOT and DOJ determine to be appropriate.

House bill

Section 112: Establishes Transportation Security Oversight

Board (TSOB) chaired by DOT Secretary and composed of DOJ,

DOD, Treasury, and either NSC or Homeland Security. TSOB

60

shares intelligence, reviews emergency rules, and oversees actions

of Under Secretary.

Establishes Advisory Council, composed of industry, labor,

families, and others to advise Under Secretary on security matters.

Conference substitute

The Conference Report establishes the Transportation Security

Oversight Board (TSOB) chaired by the Secretary of DOT and composed of DOJ, DOD, Treasury, CIA, NSC and Homeland Security.

The TSOB may review and ratify or disapprove regulations issued

by the Under Secretary; facilitate the coordination of intelligence,

security and law enforcement activities affecting transportation;

and, perform other duties including making recommendations to

the Under Secretary for use in combating threats to the integrity

of the nation’s transportation system.

14. RULEMAKING

Senate bill

No Rules required by DOJ for its own employees; cockpit requirements issuable without APA.

House bill

Section 101: Under Secretary can issue security rules immediately without notice and comment, DOT or OMB review, and

without a cost-benefit analysis but subject to disapproval by the

TSOB.

Conference substitute

House provision.

15. INSPECTOR GENERAL

Senate bill

No provision.

House bill

Section 101: TSA is subject to the Inspector General Act.

Conference substitute

The Conference report instructs that the Transportation Security Administration (TSA) will be subject to the Inspector General

Act.

16. CROSS CHECKING DATA BASES

Senate bill

Section 103(a): DOT, acting through ASOC, shall try to develop

a common data base with other agencies and share information

about people.

Section 211: DOT, as part of the ASCC, shall conduct a 90-day

review of upgrades to the distribution of people on the ‘‘watch list’’

of Federal law enforcement agencies.

Upgrades shall be deployed in 6 months.

A report shall be filed in 18 months.

House bill

Section 106: To the extent that the Under Secretary determines appropriate, the Under Secretary shall (1) establish procedures requiring airlines to use information from government agencies to identify people who may be a threat to civil aviation and (2)

61

require more thorough background checks that include a review of

other agency data bases.

A report is required in 6 months and annually thereafter.

Conference substitute

The Conferees have instructed the Secretary to work with the

TSOB to develop a data base that will allow the cross checking of

the people on ‘‘watch lists’’ of various Federal law enforcement

agencies to identify individuals that may pose a risk to security in

an effort to identify potential risks to civil aviation. Passenger lists

should be used in conjunction with this data base to help target

those individuals that pose a threat, and allow appropriate action

to be taken.

17. TERRORISM REPORT

Senate bill

Section 103(b): Require reports on all terrorism. Reports to be

shared with DOT.

House bill

No provision.

Conference substitute

The Conference Report requires the intelligence community to

ensure that reports on terrorism are shared with the DOT.

18. STRATEGIC PLANNING

Senate bill

Section 103(c): Require intelligence agencies to establish units

for strategic planning on terrorism.

House bill

No provision.

Conference substitute

The Conference Report requires intelligence agencies to establish units for strategic planning on terrorism.

19. COCKPIT SECURITY

Senate bill

Section 104: FAA shall issue a rule, without notice and comment, permitting only authorized persons to have access to the

cockpit, requiring strengthening the door by installing locks and

making them rigid, requiring the door to remain locked during

flight except when the pilot needs to get out, and taking away the

flight attendants key.

Special rules shall be issued for aircraft that do not have a

door.

House bill

Section 106: To the extent the Under Secretary considers appropriate, the Under Secretary shall, after consultation with FAA,

implement methods to restrict the opening of the cockpit door during flight and fortify those doors.

A report is required in 6 months and annually thereafter.

Funds are authorized to help airlines pay for this.

Conference substitute

The Conference Report prohibits access to the flight deck of

passenger aircraft by anyone other than the flight crew. Flight

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deck doors must be strengthened and remain locked while aircraft

is in flight. Video cameras may be provided to alert pilots to cabin

activity in the event of a security breech occurring during the

flight. These provisions apply to aircraft required to have a door between the flight deck and cabin. The Conferees also seek the redesign of cockpits to ensure the doors are secured at all times during

flight. Redesign can encompass new flight deck materials, double

doors to the cockpit as are used in Israel, and lavatories within the

flight deck so that flight crew do not leave the flight deck. Once

bathroom facilities are provided for the flight crew of passenger aircraft, the cockpit door no longer will need to be opened during

flight.

The Conferees instruct the Under Secretary to take into consideration the threat to aviation and national security when developing means to secure the flight deck on commuter aircraft. Any

new burdens should be appropriate for the risk.

20. AIR MARSHALS

Senate bill

Section 105: Attorney General prescribes guidelines for training and deployment of sky marshals. DOT administers the program

in accordance with these guidelines:

(1) Marshals may be placed on every flight but must be

placed on every flight that DOT determines to be high risk.

(2) Marshals must be deployed in 30 days.

(3) Marshals must be given a seat even if that means

bumping a passenger.

(4) DOT shall work with ICAO and foreign governments to

address security concerns on foreign airlines.

(5) DOT may use personnel from other agencies, including

the military, as air marshals.

Section 105: Waives age requirements for retired police, military and out-of-work pilots to work as air marshals, if they meet

the background and fitness qualifications.

Report required in 18 months.

House bill

Section 105: Under Secretary deploys air marshals, provides

for their background checks, trains them, and requires U.S. airlines

to provide seats for them at no cost.

Preference for hiring laid off airline pilots as marshals.

Marshals must be placed on selected flights.

Marshals must be given a seat even if that means bumping a

passenger.

DOT shall work with foreign governments to address security

concerns on international flights from the U.S.

Until the Under Secretary has all the air marshals needed,

personnel from other agencies may be used, with the other agency’s

concurrence, as air marshals on a non-reimbursable basis.

Airlines must provide seats, on a space-available basis, to offduty marshals flying home.

Conference substitute

The Conference Report requires that appropriately trained, supervised and equipped Federal Air Marshals (FAMs) may be deployed on every scheduled passenger flight, and must be placed on

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every ‘‘high risk’’ flight, which may include nonstop longhaul

flights, or any other flight deemed appropriate, even if the flight

is fully booked. For applicants who otherwise meet the background

and fitness requirements, age restrictions may be waived to allow

retired law enforcement officers, retired members of the armed

forces, and members of commercial airline crews (cockpit and

cabin) who have been furloughed from their positions after 9–11– 01. Personnel from other agencies may be deployed, with the agency’s concurrence, as FAMs until an adequate number of FAMs are

in place. Additionally, agreements may be entered into allowing

trained law enforcement personnel from other agencies to travel

with firearms in order to assist FAMs.

The Conferees instruct the Under Secretary to follow air carrier passenger reservations and cancellation practices to the extent

practicable. The Under Secretary should work cooperatively with

air carriers to develop guidelines concerning reservations and cancellation for the transportation of Federal Air Marshals.

21. SCREENING

Senate bill

Section 108: Attorney General, in consultation with DOT, shall

provide for screening of all passengers, property, mail, and cargo

that will be carried aboard an aircraft.

Federal employees shall do screening.

Airport and airline employees shall be screened in the same

way, except alternative methods may be used for security personnel.

Attorney General shall use screening technology approved by

FAA.

Law enforcement personnel shall be deployed at each screening

location.

At the 100 largest airports, additional police may be ordered.

Section 105(f): Report from DOT and DOJ required within 120

days on effectiveness of security screening.

Section 106: DOJ and DOT may permit operational flexibility

to tailor screening needs for seasonal variations, aircraft types, and

special needs of small airports.

Section 108: Attorney General may require non-hub or smaller

airports to use State or local law enforcement if the screening will

be equivalent to that at larger airports, the training meets Federal

standards, the airport is reimbursed by funds made available by

this Act, and the airport is consulted.

House bill

Section 102: Federal government is responsible for screening

passengers and property on passenger aircraft that originate in the

U.S. Silent on whether screeners are to be Federal employees or

private contractors. Under Secretary shall deputize screeners to enforce Federal laws, but not to arrest people. Screeners must have

common uniforms. Must be supervised by uniformed Federal employees.

Section 107: Under Secretary should consider certificating

screeners and use TIP or similar technologies to measure their performance and revoke their certification if their performance is inadequate.

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Section 104: Airport required to deploy law enforcement or

military personnel at each screening location. Law enforcement can

be either Federal or local.

Conference substitute

The Conference Report requires the Federal government to

hire, train and deploy Federal screeners, Federal managers, Federal security personnel and Federal law enforcement within 1 year.

The participants in this Federal security workforce will not be able

to strike or engage in work stoppages, and can be fired at the discretion of the Secretary if they are not able to adequately perform

their duties.

The Conferees recognize that, in order to ensure that Federal

screeners are able to provide the best security possible, the Secretary must be given wide latitude to determine the terms of employment of screeners. The Conference Committee expects that, in

fixing the terms and conditions of employment the Secretary shall

establish benefits and conditions of employment. The Conference

Committee also recognizes that, in order to hire and retain screeners, the Secretary should also ensure that screeners have access to

Federal health, life insurance, and retirement benefits, as well as

workers’ compensation benefits. The Committee believes that

screening personnel must also be given whistleblower protections

so that screeners may report security conditions without fear of reprisal.

The Conference Report requires the DOT to assume existing

screening company contracts as soon as possible, but no later than

90 days after enactment of this legislation. The contracts for existing screeners can be extended for up to 6 months, and the DOT

would have the option to extend contracts for no longer than 3

months, if necessary, to continue screening. DOT may also authorize additional Federal law enforcement, National Guard, and other

personnel immediately to address the aviation security needs of the

country.

The Conferees direct the Secretary to provide a report after

one year from the date of enactment certifying deployment of the

Federal screeners. Two years after certification airports can opt out

of the Federalization of the screener level of the Federal workforce

if the Secretary determines that these facilities would continue to

provide an equal or higher level of security. Companies will be

barred from providing screening if they violate federal standards,

are found to allow repeated failures of the system, or prove to be

a security risk. The DOT will also establish a Pilot Program for 5

airports, one from each category type, to apply for the use of private contract screeners.

Within 1 year after the date of enactment of the Act, the conferees expect the Transportation Security Administration to submit

a report to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Transportation and Infrastructure on the screening requirements

applicable to passengers boarding, and property being carried

aboard, aircraft with 60 seats or less used in scheduled passenger

service with recommendations for any necessary changes in those

requirements.

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22. CITIZENSHIP OF SECURITY FIRMS

Senate bill

No provision.

House bill

Section 104: Must be owned or controlled by a citizen of the

U.S. to the extent the President determines that there are such

firms.

Section 123(e): Similar sense of Congress.

Conference substitute

The Conference Report directs that U.S. companies should be

used to provide screening if they are available.

23. TRAINING OF PILOTS AND FLIGHT ATTENDANTS

Senate bill

Section 105(f): Report from DOT and DOJ required within 6

months on crew training.

Section 107: DOT shall develop a mandatory airline training

program for crews dealing with a hijacking. Training shall be developed in coordination with law enforcement experts.

House bill

Section 106: Under Secretary should consider updating training for dealing with hijacking that includes ways for dealing with

suicidal hijackers. Report six months and annually thereafter.

Conference substitute

The Conferees have determined that detailed guidance shall be

developed for a mandatory air carrier training program to assist

flight crews and attendants in hijack situations. The training curriculum will be developed in consultation with Federal law enforcement agencies with expertise in dealing with these types of threat

conditions.

24. HOW FLIGHT ATTENDANTS NOTIFY PILOTS OF A HIJACKING

Senate bill

Section 107: FAA shall revise procedures by which flight attendants notify pilots and implement new measures as soon as

practicable.

House bill

Section 106: The Under Secretary should consider requiring

the installation of switches in the cabin so that the flight attendants can discreetly notify the pilots.

Conference substitute

The Conference Report directs the Under Secretary to consider

the installation of a switch or other devices to be located in the

cabin for flight attendants to notify pilots in the event of a hijacking without the knowledge of passengers.

25. PROVISION OF PERSONNEL FROM OTHER AGENCIES

Senate bill

Section 105: Amends section 106(m) to allow other agencies to

provide personnel to FAA.

House bill

Section 102(d): Same provision, worded differently.

Conference substitute

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The Conferees call upon other agencies to provide personnel

that has received the proper training for use by the FAA as Federal

air marshals (FAMs) in an effort to support and supplement the

FAM workforce in its early stages.

26. AIRPORT PERIMETER ACCESS SECURITY

Senate bill

Section 106: DOT may order deployment of law enforcement

personnel as needed to bolster airport security by entering into an

agreement with another agency to deploy Federal law enforcement

at airports.

Section 106(b): FAA shall provide technical support and financial assistance to small airports to help defray security costs.

House bill

No provision.

Conference substitute

The Conferees have given the Secretary the ability to work

with the airports to address potential threats at individual facilities by ordering the deployment of Federal law enforcement authorities to improve airport perimeter and access security in an effort to counter potential criminal activities. Such actions also can

include providing increased security at air traffic control facilities.

Additionally, the FAA Administrator will develop a plan to provide

technical support to enable small- and medium-sized airports to enhance their security operations, and shall include using network

digital video surveillance systems.

27. INDIVIDUALS WITH ACCESS TO SECURE AREAS OF THE AIRPORT

Senate bill

See item 21

Section 106(a): DOT, in consultation with ASOC, shall consider

whether such individuals should be screened.

Section 106(d): Amend 44903(g)(2) to delete 1/31/01 deadline

and beef up language on access control requirements.

Consider deployment of biometric technologies.

Establish pilot programs at 20 airports to test new technologies.

DOT shall require airlines and airports to develop security

awareness programs for employees.

Section 211: Within 6 months, DOT shall recommend to airports commercially available ways to prevent access to secure

areas. As part of this, DOT shall review effectiveness of biometric

and other systems, focus on eliminating piggy-backing, and include

a 12-month deployment strategy for currently available technology

at Category X airports. Not later than 18 months, DOT shall conduct a review of reductions in unauthorized access.

House bill

Section 106: The Under Secretary shall consider imposing

standards for the screening or inspection of vehicles that have access to secure areas and provide for the use of technology to verify

the identity of those vehicles entering a secure area. Report after

6 months and annually thereafter.

Conference substitute

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The Conference Report instructs that all individuals, goods,

property, vehicles, and other equipment seeking access to secure

areas must be screened and inspected before entry. The Conference

Committee instructs that prescribed requirements should provide

at least the same level of protection as the screening of passengers

and baggage. The Conferees, however, recognize that these requirements may make allowances for tools and equipment necessary to

perform duties in secure areas. The Secretary will examine the

physical configuration of individual airports, and consider the

views of the TSOB to consider implementing standards to protect

the integrity of secure areas.

28. BAN ON PARKING OF VEHICLES WITHIN 300 FEET OF TERMINAL

Senate bill

Section 106(b): FAA, in consultation with local law enforcement, shall reexamine the need for 300 feet restriction.

House bill

Section 121: Removes this parking ban if the airport, in consultation with local law enforcement, certifies to DOT, after doing

a threat assessment, that safeguards are in place to protect public

safety.

Conference substitute

The Conferees have determined that all airports must consult

with local law enforcement and inform DOT that proper safeguards

are in place to ensure that parked vehicles are not a security risk.

Each airport must submit views regarding its assessment of the

needs of their facility.

29. CHECKED BAGGAGE

Senate bill

See item 9.

Section 201(b)(1): Requirement for all baggage to be screened

within 9 months.

FAA must establish within 60 days confidential goals for scanning a specific percentage of checked bags within 6 months and annual goals thereafter eventually scanning 100%.

Section 201(c)—page 85FAA shall require airlines to upgrade

the bag match system. Shall establish goals within 60 days to accomplish this including interim measures to match a higher percentage of bags until bomb detectors are used to scan 100% of bags.

Confidential report to Congress in 1 year.

House bill

See item 9.

Section 106: All checked baggage must be screened by December 31, 2003. All existing explosive detection equipment must be

used to the maximum extent possible.

Additional explosive detection equipment must be installed as

soon as possible.

In the interim, airlines must implement a bag match program.

A system must be in place as soon as possible to screen cargo

transported in passenger aircraft.

Section 123(d): Sense of Congress that all checked baggage

should be screened by any available means.

Conference substitute

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The Conferees feel strongly that all baggage to be placed on

passenger flights must be screened. Existing technology, including

EDS, should be used and upgraded in an effort to ensure that all

checked baggage goes through such a system. Any baggage that

does not go through EDS will be required to go through some form

of manual or other comparable screening system. An alternate system of screening cargo should also be established, and periodic reports issued to provide an understanding of the progress made on

these efforts.

30. COMPUTER ASSISTED PASSENGER PROFILING SYSTEM (CAPPS)

Senate bill

Section 201(d): FAA shall make all passengers subject to

CAPPS even if they don’t check bags so that their carry-ons and

person will be subject to additional security measures. Report within 3 months.

Section 211: DOT, as part of the ASCC, shall conduct a 90-day

review of upgrades to CAPPS and to the distribution of people on

the ‘‘watch list’’ of Federal law enforcement agencies. Upgrades

shall be deployed in 6 months. A report shall be filed in 18 months.

House bill

Section 106(9): The Under Secretary should consider providing

the enhanced use of CAPPS to more effectively screen passengers

and carry-on baggage. Report in 6 months and annually thereafter.

Conference substitute

The Conference Report instructs that an enhanced and upgraded use of the Computer Assisted Passenger Pre-Screening System (CAPPS) must be considered to more effectively screen passengers and baggage. The Conferees also recognize that adjustments may need to be made to reflect circumstances in some areas

of the U.S., including States with unique transportation needs.

31. DEPUTIZING FOR ENFORCEMENT OF FEDERAL SECURITY LAWS

Senate bill

Section 108(b): Requires Attorney General to deputize State

and local law enforcement to regulate screening at non-hubs.

House bill

Private contractor employees deputized.

Conference substitute

No provision.

32. HIRING AND TRAINING OF SCREENERS

Senate bill

Section 109: DOJ, in consultation with DOT, shall establish a

program for the hiring and training of screeners. Hiring qualifications shall be set in 30 days. Includes list of qualifications screeners must meet such as education and language requirements.

Training plans must be developed within 60 days. Requires 40

hours of classroom training and 60 hours of on the job training.

Current lists of dual use items (seemingly harmless items that

could be used as a weapon) shall be part of the training. Section

104—page 16.

House bill

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Under Secretary may set minimum pay for screeners. Preference shall be given to veterans in the hiring of screeners and laid

off airline workers. Final rule for certification of screening companies changed from May 31, 2001 to 6 months after date of enactment. In the meantime, within 30 days of enactment, the standards

in the proposed rule, such as education and language requirements,

shall be in effect. All screeners must be in approved uniforms.

Conference substitute

A blend of the House and Senate provisions.

33. CITIZENSHIP OF SCREENERS

Senate bill

Section 109: Must have been a national of the U.S. for at least

5 years.

House bill

Section 104(a): Must be U.S. citizens.

Conference substitute

The Conference Report requires that all airport screeners must

be citizens of the U.S.

34. STATUS OF SCREENERS

Senate bill

Section 109(d): Notwithstanding any law, the Attorney General

may hire, fire, and pay screeners as he determines necessary.

House bill

Section 102: Federal supervisor can order the dismissal of any

screener.

Conference substitute

The Conference Report provides the Under Secretary the authority to employ, terminate and fix the conditions of employment

for the Federal screening workforce.

35. STRIKES BY SCREENERS

Senate bill

Section 109(e): Strikes prohibited pursuant to Title 5.

House bill

Section 102: Strikes prohibited.

Conference substitute

The Conference Report directs that the airport screening workforce will be prohibited from striking. The Conferees have provided

the Transportation Security Administration authority to utilize existing authority provided to the FAA to develop personnel and acquisition systems. The authority gives the Administration flexibility to design its own policies and procedures and not use the

FAA’s system, while retaining the legal requirements under sections 40110 and 40112.

36. BACKGROUND CHECKS

Senate bill

Section 109(f): Requires background checks for current screeners and others with access to the airport.

Section 201(a): Requires background checks for current screeners and others to be completed in 9 months unless the person has

70

had such a check in the past 5 years. Alternative checks shall be

developed for those who have lived in the U.S. for less than 5

years.

House bill

Section 107: Allows smaller airports to use the same expedited

procedures for criminal history background checks as the larger

airports now use. (Under the 2000 Security Act these expedited

procedures do not go into effect at smaller airports until 2003.)

Requires background check (including review of government

data bases) for all current screeners and those with access to secure areas except for those who have already had such a check or

those who are exempted by FAA rules from such checks.

Conference substitute

A blend of the House and Senate provisions.

The Conferees encourage the Under Secretary to provide channeling authority to professional organizations representing industry

to FBI AFIS fingerprint databases to perform criminal history

verification of aviation business employees.

37. RESEARCH AND DEVELOPMENT

Senate bill

Section 110: Amends section 44912 to require periodic reviews

of threats to civil aviation and the potential for the release of biological and chemical weapons. A person shall be designated to be

responsible for security research. The person shall file an annual

report on research activities. A scientific advisory panel shall be established. DOT shall coordinate research with DOJ.

Section 221: Authorizes $50 million per year to research various security technologies.

House bill

Section 101: Transfers security research from FAA to the TSA.

The TSA can use FAA research facilities.

Conference substitute

A modified version of the Senate provision.

38. FLIGHT SCHOOLS

Senate bill

Section 111: Regarding jet-propelled aircraft, a person shall not

give flight instruction, including instruction in simulator, to an

alien (or other person specified by DOT) unless DOJ issues that

person a certificate of completion of the background check of the

alien. Requests for the background check shall be made jointly by

the alien and the flight school. Investigation must be completed in

30 days. Investigation includes fingerprint check, immigration

check, and a determination of whether alien is a national security

risk. Expedited procedures shall be developed for an alien seeking

recurrent training. Penalties for violations shall be developed by

DOT rulemaking. Flight schools shall report aliens that they train.

Section 111(c): DOT and State shall work with ICAO to improve screening of student pilots.

House bill

Section 106(13): The Under Secretary should consider requiring background checks on individuals seeking flying lessons (including simulator lessons) on aircraft weighing more than 12,500

71

pounds. Report in 6 months and annually thereafter until the

Under Secretary implements the checks or decides not to require

them.

Conference substitute

The Conferees have determined that flight school training for

aircraft with a minimum certificated weight of 12,500 pounds or

more should not be allowed for any alien within the United States

unless they have passed a sufficient background check. Such individuals seeking to attend flight school may begin pilot training

after 45 days or upon being certified as having passed a background investigation regarding their criminal history and immigration status. A security awareness program will be developed to assist employees that work at flight schools by helping to increase

their awareness of a potential threat.

39. PENALTIES

Senate bill

Section 114: Imposes criminal penalties for interfering with security personnel at a commercial service airport.

House bill

Section 116(c): Transfers the relevant civil penalty authorities

from the FAA to the TSA.

Conference substitute

The Conference Report requires that an individual who disrupts the duties of security screening personnel within a commercial service airport shall be fined and/or imprisoned for up to 10

years. The use of a dangerous weapon to interfere with security

screening may result in up to life imprisonment.

40. INTRASTATE AIR SERVICE

Senate bill

Section 116: DOT may grant antitrust exemptions to ensure

continued viability of air service in that State.

House bill

No provision.

Conference substitute

The Conference Report instructs that DOT may grant antitrust immunity to ensure continued viability of air service within

a state. If the Secretary approves any such request, a report must

be given to the relevant Senate and House Committees within six

months of the approval describing what actions have been taken by

the carriers receiving the exemption.

41. AIRLINE COMPUTER RESERVATION SYSTEMS

Senate bill

Section 117: DOT shall require all airlines to use the best technology to ensure that their systems are secure from unauthorized

access. DOT shall submit an annual report on compliance.

House bill

No provision.

Conference substitute

Under the direction of the Conference Report airlines are required to take action that will prevent unauthorized access to comVerDate 11-MAY-2000 05:43 Nov 17, 2001 Jkt 076166 PO 00000 Frm 00071 Fmt 6601 Sfmt 6601 E:\HR\OC\HR296.XXX pfrm07 PsN: HR296
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puter reservation systems and the information they contain on passengers. Technology should be utilized to the greatest extent possible to ensure the integrity of these systems.

42. FEES

Senate bill

Section 118(a): Within 180 days, airlines remit a $2.50 fee per

enplanement.

House bill

Section 108: Under Secretary shall impose a fee of not more

than $2.50 per one-way trip. The amount of the fee shall be reasonably related to the costs of providing the screening service. In addition, a fee can be imposed directly on the airlines but it cannot be

more than the airlines paid for screening services in 2000. Fees

shall be credited as off-setting collections. Passengers using airports where screening services are not provided may be exempted

from the fee.

Conference substitute

The Conference substitute requires a fee to be charged to cover

the cost of providing the aviation security services. The fee will be

based on the number of times a passenger boards a plane during

the course of travel, but will be capped at $5.00 per one-way trip.

Any additional funds needed will be authorized to be appropriated

or may come from a fee imposed directly on the airlines.

The Secretary may waive or modify the security fee to take

into account the isolation of certain communities. In determining

whether to waive or modify this fee, the Secretary shall consider

the costs of transportation security and the benefits of transportation security that is bestowed on those communities. The Conference substitute amends section 45301(b) of title 49, United

States Code, with respect to limitations on overflight fees to (1) to

make the language consistent with the new security fee language

of this Act, and (2) to clarify Congressional intent with respect to

the FAA costs upon which the fees can be based. Specifically, the

conference substitute replaces the word ‘‘directly’’ with ‘‘reasonably’’, since the word ‘‘directly’’ has been a source of much confusion and narrow interpretation, and has been a primary cause of

recurring litigation which has frustrated and delayed the FAA’s imposition of the overflight fees for a number of years. Additionally,

this amendment specifies that the FAA’s costs upon which the fees

are based are to be determined solely by the Administrator. This

is to clarify that the Administrator has full authority to determine

costs by appropriate means. This amendment is not intended to require revision of the fees recently promulgated by the FAA (66 FR

43680, Aug. 20, 2001) but rather, to clarify longstanding Congressional intent that the FAA expeditiously and continuously collect

the fees authorized under section 45301(a) of title 49.

43. AUTHORIZATION

Senate bill

Section 118(b): Authorizes such sums for the next 3 years as

may be necessary to carry out the security functions.

House bill

73

Section 109: Authorizes such sums as may be necessary to the

TSA for operating costs and for screening services not covered by

the above fee.

Authorizes $500 million for grants to airlines to fortify cockpit

doors, install video monitors to view the passenger cabin, ensure

continuous operation of transponder, and use of other technologies.

Conference substitute

The Conference Report authorizes the necessary spending for

the cost of providing aviation security.

44. AIRPORT FUNDING

Senate bill

Section 119(a): Allows AIP and PFC funds to be used to pay

security costs in FY 2002 for any cost incurred after 9/11 regardless

of when it was incurred. Waives the local matching share. In deciding whether to make a discretionary AIP grant for security costs,

the availability and use of non-Federal funding by the airport shall

be considered.

Section 120: Authorizes such sums in 2002 to compensate airports for security costs. Costs must be documented and subject to

an IG audit. DOT shall publish procedures for filing claims in 30

days.

Section 119(c): PFC requests for security funding should be expedited.

Section 119(b): For the purpose of determining AIP entitlements in FY 2003, enplanements in 2000 or 2001, whichever is

higher, shall be used.

Section 201(b): Modifying terminal and baggage systems in

order to install bomb detection equipment is made AIP eligible.

Section 113: Allows AIP and PFC funds to be used to pay for added

law enforcement costs in at a non-hub or small hub airport regardless of when the cost was incurred.

Waives the local matching share.

In FY 2002, allows AIP and PFC money to be used to pay debt

service if that would prevent an airport, or privately owned terminal, from defaulting on its bond.

House bill

Section 109: Authorizes a total of $1.5 billion in 2002 and 2003

to reimburse airports for direct costs they incurred to meet new security requirements. Such sums to remain available until expended. Before getting the money, the airport must agree to meet

with its concessionaires to discuss rent adjustments and provide an

itemized list of costs incurred.

Conference substitute

A blend of the House and Senate provisions.

45. COMPETITION PLANS

Senate bill

No provision.

House bill

Section 113(a): Waives an airport’s obligation to submit a competition plan in FY 2002 when it is seeking money to improve security.

Conference substitute

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The Conference Report waives the obligation of an airport to

submit a competition plan in FY ’02 when seeking money to improve security.

46. REPORTING SUSPICIOUS ACTIVITIES

Senate bill

Section 121: Exempts airline employees from liability for disclosing, in good faith, suspicious activity. DOJ shall establish procedures to notify the FAA of people who may pose a risk of hijacking. Report shall be submitted in 120 days on the implementation

of this notification.

House bill

No provision.

Conference substitute

The Conference Report encourages and exempts airline employees from liability for disclosing suspicious activities in response

to a ‘‘reasonably believed’’ threat.

47. ARMING PILOTS

Senate bill

Section 122: National Institute of Justice shall assess non-lethal weapons for use by pilots and report to DOT in 90 days. After

receiving report, DOT may authorize pilots to carry such weapons.

DOT shall establish training and procedural requirements for

using these weapons.

Section 125: Authorizes FAA to permit a pilot with proper

training to carry a gun in the cockpit. FAA shall establish a training program. Report shall be submitted every 6 months on the effectiveness of this provision.

House bill

Section 106: DOT cannot take any action to prevent a pilot

from taking a gun into the cockpit if the policy of the airline allows

it and the pilot has completed a training program acceptable to the

Under Secretary.

Conference substitute

A pilot is authorized to carry an approved firearm into the

cockpit if approved by the Under Secretary and the air carrier, and

the pilot has received proper training.

48. ISOLATED COMMUNITIES

Senate bill

Section 123: During an emergency, DOT, after consulting with

the ASCC, may grant waivers on flight restrictions to allow flights

carrying freight, mail, patients, and medical supplies to areas with

extraordinary transportation needs given isolation of the area and

if the waiver is in the public interest.

House bill

Section 120: Similar provision but worded differently.

Conference substitute

The Conference Report instructs that during an emergency

DOT may grant waivers on flight restrictions to areas with extraordinary transportation needs.

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49. SUPPLIES ON BOARD AIRCRAFT

Senate bill

Section 124: DOT shall ensure the safety of food and other supplies on aircraft by sealing packages, screening personnel and vehicles, etc.

House bill

See item 27.

Conference substitute

The Conferees have determined that DOT should establish procedures to ensure the safety and security of on-board supplies for

intrastate passenger aircraft. The Secretary will establish procedures that may increase security for the point of origin of the supplier, provide for sealed supplies, and the screening of the supplies

as they enter the airport.

50. AIRMAN REGISTRY

Senate bill

Section 126: Directs FAA to modify the registry to make it

more effective in combating terrorism. FAA should work with State

and locals to assist in identifying those applying for or holding airmen certificates.

House bill

No provision.

Conference substitute

The Conferees direct that the FAA must take steps to make

the airman registry more effective to combat terrorism by working

with the appropriate authorities to assist in properly identifying

persons applying for or in possession of airmen certificates.

51. PASSENGER MANIFESTS

Senate bill

No provision.

House bill

Section 111: Within 60 days, U.S. and foreign airlines on international flights to the U.S. must provide to the Under Secretary (or

another agency) by electronic transmission a passenger and crew

manifest with specified information.

Conference substitute

The Conference Report requires air carriers to use the Air Passenger Information System (APIS) to provide a crew and passenger

manifest and related information to Customs for each flight.

52. RESULTS-BASED MANAGEMENT

Senate bill

Section 127: Within 60 days, DOT shall establish acceptable

performance levels for aviation security and provide Congress with

an action plan clarifying the responsibilities of the government

agencies involved. Each year, a performance plan shall be made

available. Any contracts to implement this Act shall try to maximize the use of performance based service contracts.

House bill

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Section 106(7): Consider establishing performance goals for

screeners. Report after 6 months and annually thereafter until this

is implemented or rejected.

Conference substitute

Modified Senate provision.

53. EMPLOYMENT REGISTER

Senate bill

Section 128(a): DOT shall establish and maintain an employment register.

House bill

No provision.

Conference substitute

No provision.

54. TRAINING FACILITIES

Senate bill

Section 128(b): DOT may use FAA training facilities to train

security screeners.

House bill

No provision.

Conference substitute

The Conference Report directs the Secretary to use existing

Federal training facilities, where possible, to address the training

needs of security screening personnel.

55. AIRSPACE RESTRICTIONS

Senate bill

Section 129: President shall submit a report within 30 days describing any airspace restrictions that remain in place and the justification for those restrictions.

House bill

Section 119: The restrictions on Class B airspace shall cease to

be in effect 10 days after enactment unless a notice is published

prior to the 10th day reimposing and explaining the reasons for

those restrictions.

Conference substitute

The Conferees instruct the Secretary to lift restrictions on

Class B airspace under specified requirements.

56. VOLUNTEERS

Senate bill

Section 130: DOT shall carry out a program to permit police,

firefighters, and paramedics to provide emergency services during

flight. Exempts from liability those who help in an emergency. This

does not authorize the possession of firearms.

House bill

No provision but exemption from liability seems to be covered

by existing law, section 5(b) of Aviation Medical Assistance Act.

Conference substitute

The Conferees instruct the Secretary to implement a program

that will allow qualified law enforcement, firefighters and emergency service technicians to assist in the event of an emergency

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during commercial air flights. This program will establish the credentials of volunteers, maintain their confidentiality and exempt

them from liability.

57. LIMITATION ON LIABILITY

Senate bill

No provision.

House bill

Section 110: Limits liability of passenger or crew who hurts a

person they, in good faith, believe was hijacking or about to hijack

the plane.

Conference substitute

The Conference Report exempts passengers and crew from liability if an individual ‘‘reasonably believed’’ that a hijacking was

occurring.

58. GENERAL AVIATION SECURITY

Senate bill

Section 131: FAA shall begin a security program for aircraft

over 12,500 pounds within 90 days. Waivers from this requirement

can be granted. A security program for smaller aircraft shall begin

in 1 year. A report shall be filed in 18 months.

Aircraft may not be sold or leased to an alien unless a background check has been done or until the security programs described above are implemented.

House bill

No provision.

Conference substitute

The Conference report directs the Secretary to provide Congress a report on improving general aviation security in the United

States within 3 months of enactment of the legislation.

The Conferees note that a number of issues on aviation security research merit the prompt attention of the Department of

Transportation. In particular, the Conferees observe that research

into providing better security with minimal disruption in the system in the area of general aviation is important.

The Conferees note that the FAA has recently designated a

consortium of schools as a general aviation center of excellence and

anticipates that the FAA would draw upon the expertise of these

institutions in formulating a security program for general aviation.

The Conferees also note that NASA, in coordination with the

DOT, is investigating technology that would facilitate remote

screening of small aircraft prior to takeoff.

Such a general aviation remote screening system (GARSS)

could be installed on a vehicle or mobile platform, or in a fixed facility alongside a taxiway, and would provide a pre-takeoff alert if

suspicious objects or materials were detected aboard an aircraft.

The Conferees urge that the development and implementation

of GARSS be pursued.

59. FUNDING FOR GENERAL AVIATION AIRPORTS

Senate bill

No provision.

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House bill

Section 113(b): In FY 2002, allows non-primary airports within

Class B airspace to seek AIP money for any purpose, including

operational costs.

Conference substitute

Modified House position.

60. CONFORMING AMENDMENT TO IRS CODE

Senate bill

No provision.

House bill

Section 113(e): Amends Code to cross-reference this Security

Act so that the money authorized by this Act out of the Trust Fund

can be spent.

Conference substitute

The Conference Report amends the IRS code to cross-reference

this legislation to provide for the authorization of spending from

the Trust Fund.

61. TECHNICAL CORRECTIONS

Senate bill

No provision.

House bill

Section 114: Makes technical corrections to the Air Transportation Safety and System Stabilization Act.

Conference substitute

The Conference Report makes technical corrections to the Air

Transportation Safety and System Stabilization Act.

62. ALCOHOL AND DRUG TESTING

Senate bill

No provision.

House bill

Section 115: Amends existing law to account for the transfer

of functions from the FAA to the TSA.

Conference substitute

The Conference Report amends existing law to transfer alcohol

and drug testing functions from the FAA to the TSA.

63. CONFORMING AMENDMENTS

Senate bill

No provision.

House bill

Section 116: Amends existing law to account for the transfer

of functions from the FAA to the TSA.

Conference substitute

The Conference Report amends existing law to account for the

transfer of functions from the FAA to the TSA.

64. SAVINGS PROVISION

Senate bill

No provision.

House bill

79

Section 117: Ensures a smooth transfer from the FAA to the

TSA.

Conference substitute

The Conference Report.

House provision.

65. BUDGET SUBMISSIONS

Senate bill

No provision.

House bill

Section 118: Requires the President’s budget submissions starting in 2003 to list the TSA budget separately.

Conference substitute

The Conference Report.

House provision.

66. AIR AMBULANCES

Senate bill

No provision.

House bill

Section 114: Amends the Airline Stabilization Act to modify

the method for distributing compensation to air ambulances.

Conference substitute

The Conference Report amends the Airline Stabilization Act to

allow for a modified system of providing compensation to air tour

operators and air ambulances to better address their needs after

industry wide losses. It is the Conferees’ position that the Stabilization Act’s section 103 compensation formula language, ‘‘revenue ton

miles or any other auditable measure’’ should be broadly construed

and should not restrict compensation exclusively to revenue ton

miles reported on previously filed DOT Form 41s. If Air, Crew,

Maintenance, Insurance lessors can provide accurate and auditable

records of their revenue-ton-miles during the relevant time period,

then they should be eligible for compensation based under the Stabilization Act.

67. PASSENGERS WHO BOUGHT TICKETS ON BANKRUPT AIRLINES

Senate bill

No provision.

House bill

Section 123: Other airlines must honor these tickets to the extent practicable.

Conference substitute

The Conferees direct the air carriers, to the extent practicable,

to honor the tickets of passengers purchased by airlines that file

for bankruptcy, if the purchaser requests the use of his or her ticket within 60 days of the suspended or canceled flight, for the first

18 months after enactment of this legislation.

68. FLIGHT SERVICE STATION EMPLOYEES

Senate bill

No provision.

House bill

80

Section 123(a): Sense of Congress that FAA should continue

negotiating in good faith with these employees.

Conference substitute

The Conference Report offers the Sense of Congress that FAA

should continue negotiating in good faith with flight service station

employees.

69. WAR RISK INSURANCE

Senate bill

No provision.

House bill

Section 123(b): Sense of Congress that vendors agents and subcontractors of general aviation aircraft should get war risk insurance.

Conference substitute

The Conference Report offers the Sense of Congress on the

availability of war risk insurance to vendors, agents, and subcontractors of air carriers for all their domestic operations.

70. ANIMALS

Senate bill

No provision.

House bill

Section 123(c): Sense of Congress that airlines that transport

mail should carry animals that the Postal Service allows to be

mailed.

Conference substitute

The Conference Report offers the Sense of the House that airlines that transport mail should carry animals that the U.S. Postal

Service permits to be sent in the mail.

71. CARRY-ON BAGGAGE

Senate bill

Report on carry-on baggage.

House bill

No provision.

Conference substitute

The Conference Report offers the Sense of the Congress that

the FAA should continue its current restrictions on carry-on baggage of 1 bag plus 1 personal item. A backpack should be considered a personal item.

72. USPS MAIL POLICY IN ALASKA

Senate bill

No provision.

House bill

No provision.

Conference substitute

The Conferees encourage the Congress to pass legislation

quickly to restructure the United States Postal Service’s process of

tendering non-priority bypass mail with the State of Alaska. Restructuring this program to direct more carriers to convert to 121

81

passenger operators will improve the safety of air transportation in

Alaska and enhance the security of passengers.

73. VICTIMS COMPENSATION

Senate bill

No provision.

House bill

Title II.

Conference substitute

The Conference substitute extends the liability limitations of

the Air Transportation Stabilization Act to aircraft manufacturers,

State port authorities, owners and operators of airports, and persons with property interests in the World Trade Center.

These provisions limit liability under the Act to the maximum

level of their insurance coverage.

Any person with a property interest in the World Trade Center, as a condition to receiving liability protection under the Act,

is required to satisfy all contractual obligations to rebuild or assist

in the rebuilding of the World Trade Center.

The Conference substitute also limits the liability for all claims

arising from the terrorist-related attacks of September 11, 2001,

brought against the City of New York to the greater of the City’s

insurance coverage or $350,000,000.

This limitation on damages against the City of New York, however, does not apply to any non-government or private entity that

is contracted with the City.

The Conference substitute also excludes entities primarily engaged in the business of airport security from its limitation on liability.

DON YOUNG,

THOMAS PETRI,

JOHN J. DUNCAN, Jr.,

JOHN L. MICA,

VERNON J. EHLERS,

JAMES L. OBERSTAR,

WILLIAM O. LIPINSKI,

PETER DEFAZIO, Managers on the Part of the House.

ERNEST F. HOLLINGS,

DANIEL K. INOUYE,

JOHN D. ROCKEFELLER IV,

JOHN F. KERRY,

JOHN BREAUX,

BYRON L. DORGAN,

RON WYDEN,

JOHN MCCAIN,

TRENT LOTT,

KAY BAILEY HUTCHISON,

OLYMPIA SNOWE, Managers on the Part of the Senate.

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