99–008

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–264

PROVIDING FOR CONSIDERATION OF H.R. 3150, SECURE

TRANSPORTATION FOR AMERICA ACT OF 2001

OCTOBER 31, 2001.—Referred to the House Calendar and ordered to be printed

Mr. REYNOLDS, from the Committee on Rules, submitted the

following

REPORT

[To accompany H. Res. 274]

The Committee on Rules, having had under consideration House

Resolution 274, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3150, the Secure Transportation for America Act of 2001, under a structured

rule. The rule provides one hour of general debate equally divided

and controlled by the chairman and ranking minority member of

the Committee on Transportation and Infrastructure.

The rule makes in order only those amendments printed in this

report accompanying the resolution, which may be offered only in

the order printed in this report, may be offered only by a Member

designated in this report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to

amendment, and shall not be subject to a demand for division of

the question in the House or in the Committee of the Whole. The

rule waives all points of order against such amendments.

Finally, the rule provides one motion to recommit with or without instructions.

COMMITTEE VOTES

Pursuant to clause 3(b) of House Rule XIII the results of each

record vote on an amendment or motion to report, together with

the names of those voting for and against, are printed below:

Rules Committee record vote No. 50

Date: October 31, 2001.

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Measure: H.R. 3150.

Motion by: Mr. Hastings of Florida.

Summary of motion: To make in order the amendment by Representative Gephardt which contains the same text as H.R. 2955,

the Displaced Workers Assistance Act. The amendment provides financial assistance, training, and health care coverage to employees

of the airline and related industries who lose their jobs as a result

of the attacks of September 11, 2001; provides expanded unemployment insurance benefits, fully subsidizes health insurance premium payments of COBRA-eligible individuals; and provides federally funded Medicaid coverage for the non-COBRA eligible.

Results: Defeated 4–6.

Vote by Members: Goss—Nay; Diaz-Balart—Nay; Hastings

(WA)—Nay; Sessions—Nay; Reynolds—Nay; Frost—Yea; Hall— Yea; Slaughter—Yea; Hastings (FL)—Yea; Dreier—Nay.

SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

(Summaries derived from information provided by amendment

sponsors.)

Young (AK)—Manager’s Amendment. Extends the $1.5 billion

authorization into FY 2003; authorizes airlines to use technology to

create a trusted passenger program to expedite the security process

for them and allow the screeners to focus on those who should be

subject to more extensive examination, amends the Stabilization

Act to clarify that deferred compensation does not preclude the airline’s eligibility for the financial assistance provided by the Act; establishes guidelines for transportation of medical items that cannot

be opened or x-rayed; modifies the Stabilization Act to allow a different method for assessing the compensation share of the air medical industry; establishes preference for laid off airline workers in

screener hiring; improves identification or verification of status of

armed individuals; requires airports receiving financial aid to work

with airport restaurants, shops, and other concessionaires on rent

adjustments to account for their loss of revenue; allows oversized

musical instruments to be carried on planes notwithstanding restrictions on carry-on baggage subject to such other reasonable

terms such as additional payment; allows airline caterers to share

with the airports in the $1.5 billion authorization to cover the additional security costs that they have been incurring since 9/11; expresses the sense of Congress urging the FAA to continue negotiation in good faith with their flight service specialists with a goal

of reaching agreement on a contract as soon as possible; expresses

the sense of Congress that the FAA should implement section 202

of the Stabilization Act so as to make war risk insurance available

to vendors, agents, and subcontractors of general aviation aircraft;

expresses the sense of Congress that airlines that have a contract

with the Postal Service to carry the mail should carry any animal

that the Postal Service allows to be shipped through the mail; extends liability language in the Stabilization Act to manufacturers;

requires retroactive background checks for screeners and airport

employees; strengthens existing language in the bill on the screening of checked baggage; requires airlines to provide seating an off

duty air marshal who is returning home on a flight to the airport

nearest the marshal’s home at no cost to the marshal or the federal

government if the marshal is returning home after completing his

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security duties; allows, in FY 2002, a privately-owned airport terminal to receive an AIP grant to help pay off a bond if DOT determines that such a grant is necessary to prevent a default on the

bond; requires airlines to honor tickets of bankrupt airlines to the

extent practicable; gives otherwise qualified pilots a preference for

hiring, requires screeners to demonstrate fitness for duty each day;

deputizes screeners; changes name to Airport Security Federalization Act; requires that a system is in place to screen all checked

baggage no later than December 31, 2003, and cargo as soon as

practical.

Oberstar—Amendment in the Nature of a Substitute. Incorporates the text of S. 1447, as passed by the Senate. Makes major

improvements in all aspects of aviation security, and requires that

the screening of passengers and their baggage at the 140 largest

airports be conducted by federal employees. Also makes security

improvements regarding checked baggage, airfield security, Federal

Air Marshals, cockpit security, anti-hijack training, and funding.

TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG OF

ALASKA, OR A DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 1, line 6, strike ‘‘Secure Transportation for America Act of

2001’’ and insert ‘‘Airport Security Federalization Act of 2001’’. In the table of contents after line 8, strike the item relating to

section 15 and insert the following:

Sec. 15. Technical corrections.

Page 2, before line 9, insert the following:

TITLE I—AVIATION SECURITY

Redesignate sections 2 through 22 of the bill as sections 101

through 121, respectively.

Conform the table of contents of the bill, accordingly.

Page 13, line 17, strike ‘‘(1) in subsection (a) by striking’’ and inserting the following:

(1) in subsection (a)— (A) by striking ‘‘a cabin of’’; and

(B) by striking

Page 14, line 2, strike ‘‘The responsibility’’ and insert the following:‘‘(1) IN GENERAL.—The responsibility

Page 14, after line 8, insert the following: ‘‘(2) ADDITIONAL SCREENING AUTHORITY.—The Under Secretary may perform any such additional screening of passengers and property on passenger aircraft in air transportation that originates in the United States or intrastate air

transportation that the Under Secretary deems necessary to

enhance aviation security.

Page 14, line 20, strike the closing quotation marks and the final

period and insert the following:

‘‘(g) DEPUTIZATION OF AIRPORT SCREENING PERSONNEL.—The

Under Secretary shall deputize, for enforcement of such Federal

laws as the Under Secretary determines appropriate, all airport

screening personnel as Federal transportation security agents and

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shall ensure that such agents operate under common standards

and common uniform, insignia, and badges.’’. Page 16, lines 11 and 12, strike ‘‘Secure Transportation for

America Act of 2001’’ and insert ‘‘Airport Security Federalization

Act of 2001’’. Page 16, line 20, strike ‘‘pursuant’’ and insert ‘‘pursuant to’’. Page 19, line 22, strike ‘‘and’’. Page 20, line 2, strike the period and insert ‘‘; and’’ and the following:

(J) the ability to demonstrate daily a fitness for duty

without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol.

Page 21, line 14, strike ‘‘and’’. Page 21, line 20, strike the period and insert a semicolon and the

following: ‘‘(5) 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;

and‘‘(6) provide, in choosing among applicants for a position as

a Federal air marshal, a preference for the hiring of a pilot of

an air carrier whose employment with the air carrier was terminated as a result of a reduction in the workforce of the air

carrier if the pilot is otherwise qualified for the position.

Page 22, line 3, after ‘‘consultation with’’ insert ‘‘and concurrence

of’’.

Page 22, before line 10, insert the following:

(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;’’.

Page 24, line 1, strike ‘‘Provide’’ and insert ‘‘Establish performance goals for individuals described in paragraph (6), provide’’.

Page 24, lines 2 and 3, strike ‘‘individuals described in paragraph

(6)’’ and insert ‘‘such individuals,’’.

Page 26, after line 2, insert the following:

‘‘(16) 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.

‘‘(17) Establish requirements under which air carriers, under

the supervision of the Under Secretary, could 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.

‘‘(18) In consultation with the Commissioner of Food and

Drugs, develop security procedures under which a medical

product to be transported on a flight of an air carrier would not

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be subject to manual or x-ray inspection if conducting such an

inspection would irreversibly damage the product. ‘‘(19) 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 terms and conditions

as may be established by the Under Secretary or the air carrier, including imposing additional charges by the air carrier. ‘‘(20) Provide for the use of wireless and wire line data technologies enabling 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.

Page 26, strike line 19 and all that follows through line 7 on

page 27 and insert the following: ‘‘(d) PROPERTY SECURITY PROGRAM.— ‘‘(1) CHECKED BAGGAGE.— ‘‘(A) FINAL DEADLINE FOR SCREENING.—A system must

be in operation to screen all checked baggage at all airports in the United States no later than December 31,

2003. ‘‘(B) USE OF EXPLOSIVE DETECTION EQUIPMENT.—The

Under Secretary shall ensure that explosive detection

equipment installed at airports to screen checked baggage

is used to the maximum extent possible. ‘‘(C) INSTALLATION OF ADDITIONAL EXPLOSIVE DETECTION

EQUIPMENT.—The Under Secretary shall install additional

explosive detection equipment at airports as soon as possible to ensure that all checked baggage is screened before

being placed in an aircraft. ‘‘(D) INTERIM BAG-MATCH PROGRAMS.—Until the Under

Secretary has installed enough explosive detection equipment at airports to ensure that all checked baggage is

screened, the Under Secretary shall require air carriers to

implement bag-match programs that ensure that no

checked baggage is placed in an aircraft unless the passenger who checks the baggage is aboard the aircraft.

‘‘(2) CARGO DEADLINE.—A system must be in operation to

screen all cargo that is to be transported in passenger aircraft

in air transportation and intrastate air transportation as soon

as practicable after the date of enactment of this paragraph.

Page 29, line 10, strike ‘‘and’’ and insert the following:

(2) by adding at the end of paragraph (1) the following:

‘‘(G) BACKGROUND CHECKS OF CURRENT EMPLOYEES.—A

background check (including a criminal history record

check and a review of available law enforcement data

bases and records of other governmental and international

agencies) shall be required for any individual who currently has unescorted access to an aircraft of an air carrier

or foreign air carrier, unescorted access to a secured area

of an airport in the United States that serves an air carrier or foreign air carrier, or is responsible for screening

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passengers or property, or both, unless that individual was

subject to such a background check before the individual

began his or her current employment or is exempted from

such a check under section 107.31(m) of title 14, Code of

Federal Regulations.’’; and

Page 29, line 11, strike ‘‘(2)’’ and insert ‘‘(3)’’.

Page 34, strike line 23 and all that follows through line 4 on

page 35 and insert the following:

‘‘(c) AIRPORT SECURITY.—

‘‘(1) IN GENERAL.—There is authorized to be appropriated to

the Secretary for fiscal years 2002 and 2003 a total of

$1,500,000,000 to reimburse airport operators and vendors that

provide on-airfield direct services to air carriers for direct costs

incurred by such operators and vendors to comply with new,

additional, or revised security requirements imposed on such

operators and vendors by the Federal Aviation Administration

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

‘‘(2) ADJUSTMENTS IN RENTS OF AIRPORT TENANTS.—Before

providing financial assistance to an airport operator with funds

appropriated pursuant to paragraph (1), the Secretary shall require the operator to provide assurances that the operator will

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.’’.

Page 36, line 9, strike ‘‘subsection (b)’’ and insert ‘‘paragraph (2)’’.

Page 39, lines 16 and 17, strike ‘‘Secure Transportation for

America Act of 2001’’ and insert ‘‘Airport Security Federalization

Act of 2001’’.

Page 43, line 22, after ‘‘sponsor’’ insert ‘‘or at a privately owned

or operated airport passenger terminal financed by indebtedness

incurred by the sponsor’’.

Page 44, beginning on line 25, strike ‘‘Secure Transportation for

America Act of 2001’’ and insert ‘‘Airport Security Federalization

Act of 2001’’.

Page 45, after line 15, insert the following:

(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 AIR CARRIERS PROVIDING AIR AMBULANCE SERVICES.—

‘‘(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 air carriers providing air

ambulance services. 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 air carriers providing air ambulance services based

on an appropriate auditable measure, as determined by the

President.’’.

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(e) LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.—Section

104(b) of such Act is amended by adding at the end the following:

‘‘The term does not include the amount of any payment received

with respect to amounts earned or accrued before September 11,

2001, but deferred for future payment.’’.

At the end of the bill, add the following (and conform the table

of contents of the bill accordingly):

SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS OF OTHER

CARRIERS.

(a) IN GENERAL.—Subchapter I of chapter 417 is amended by

adding at the end the following:

‘‘§ 41722. Requirement to honor passenger tickets of other

carriers

‘‘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 an act of war or terrorism

or insolvency or bankruptcy of the carrier.’’.

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

is amended by adding at the end the following:

‘‘41722. Requirement to honor passenger tickets of other carriers.’’.

SEC. 123. 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 available to vendors, agents, and subcontractors of general aviation aircraft.

(c) TRANSPORT OF ANIMALS.—It is the sense of Congress that 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.

(d) SCREENING.—It is the sense of Congress that the Under Secretary of Transportation for Security should require, as soon as

practicable, that all property carried in a passenger aircraft in air

transportation or intrastate air transportation (including checked

baggage) be screened by any currently available means, including

X-ray machine, hand-held metal detector, explosive detection system equipment, or manual search.

TITLE II—VICTIMS COMPENSATION

SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF

CRASHES OF SEPTEMBER 11, 2001.

Section 408 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42; 115 Stat. 240; 49 U.S.C. 40101

note) is amended—

(1) by amending the section heading to read as follows:

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‘‘SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF

CRASHES OF SEPTEMBER 11, 2001.’’;

(2) by amending subsection (a) to read as follows:

‘‘(a) GENERAL LIMITATION OF LIABILITY.—Except as provided in

this section, no Federal court or agency or State court or agency

shall enforce any Federal or State law holding any person, or any

State or political subdivision thereof, liable for any damages arising

out of the hijacking and subsequent crashes of American Airlines

flights 11 or 77, or United Airlines flights 93 or 175, on September

11, 2001.’’;

(3) in subsection (b), by adding at the end the following new

paragraphs:

‘‘(4) DAMAGES.—If any party to any action brought under this

subsection is determined to be liable—

‘‘(A) no damages in the aggregate ordered by the court

to be paid by such party shall exceed the amount of insurance, minus any payments made pursuant to a court approved settlement, which such party is determined to have

obtained prior to September 11, 2001, and which is determined to cover such party’s liability for any damages arising out of the hijacking and subsequent crashes of American Airlines flights 11 or 77, or United Airlines flights 93

or 175, on September 11, 2001;

‘‘(B) such party shall not be liable for interest prior to

the judgment or for punitive damages intended to punish

or deter; and

‘‘(C) the court shall reduce the amount of damages

awarded to a plaintiff by the amount of collateral source

compensation that the plaintiff has received or is entitled

to receive as a result of the terrorist-related aircraft crashes of September 11, 2001.

‘‘(5) ATTORNEYS’ FEES.—Reasonable attorneys’ fees for work

performed in any action brought under this subsection shall be

subject to the discretion of the court, but in no event shall any

attorney charge, demand, receive, or collect for services rendered, fees in excess of 20 percent of the damages ordered by

the court to be paid pursuant to this subsection, or in excess

of 20 percent of any court approved settlement made of any

claim cognizable under this subsection. Any attorney who

charges, demands, receives, or collects for services rendered in

connection with such claim any amount in excess of that allowed under this subsection, if recovery be had, shall be fined

not more than $2,000 or imprisoned not more than one year,

or both.’’;

(4) by amending subsection (c) to read as follows:

‘‘(c) EXCLUSION.—Nothing in this section shall in any way limit

any liability of any person who—

‘‘(1) hijacks any aircraft or commits any terrorist act; or

‘‘(2) knowingly participates in a conspiracy to hijack any aircraft or commit any terrorist act.’’; and

(5) by adding at the end the following new subsections:

‘‘(d) DISCLAIMER.—Nothing herein implies that any person is liable for damages arising out of the hijacking and subsequent crashes of American Airlines flights 11 or 77, or United Airlines flights

93 or 175, on September 11, 2001.

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‘‘(e) STATE DEFINED.—In this section, the term ‘State’ means any

State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United

States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States or any political subdivision of any of the foregoing.’’.

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OBERSTAR

OF MINNESOTA, OR A DESIGNEE, DEBATABLE FOR 60 MINUTES

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Aviation Security Act’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as

follows:

Sec. 1. Short title; table of contents.

TITLE I—AVIATION SECURITY

Sec. 101. Findings.

Sec. 102. Transportation security function.

Sec. 103. Aviation Security Coordination Council.

Sec. 104. Improved flight deck integrity measures.

Sec. 105. Deployment of Federal air marshals.

Sec. 106. Improved airport perimeter access security.

Sec. 107. Enhanced anti-hijacking training for flight crews.

Sec. 108. Passenger and property screening.

Sec. 109. Training and employment of security screening personnel.

Sec. 110. Research and development.

Sec. 111. Flight school security.

Sec. 112. Report to Congress on security.

Sec. 113. General aviation and air charters.

Sec. 114. Increased penalties for interference with security personnel.

Sec. 115. Security-related study by FAA.

Sec. 116. Air transportation arrangements in certain States.

Sec. 117. Airline computer reservation systems.

Sec. 118. Security funding.

Sec. 119. Increased funding flexibility for aviation security.

Sec. 120. Authorization of funds for reimbursement of airports for security mandates.

Sec. 121. Encouraging airline employees to report suspicious activities.

Sec. 122. Less-than-lethal weaponry for flight deck crews.

Sec. 123. Mail and freight waivers.

Sec. 124. Safety and security of on-board supplies.

Sec. 125. Flight deck security

Sec. 126. Amendments to airmen registry authority.

Sec. 127. Results-based management.

Sec. 128. Use of facilities.

Sec. 129. Report on national air space restrictions put in place after terrorist attacks that remain in place.

Sec. 130. Voluntary provision of emergency services during commercial flights.

Sec. 131. Enhanced security for aircraft.

Sec. 132. Implementation of certain detection technologies.

Sec. 133. Report on new responsibilities of the Department of Justice for aviation

security.

Sec. 134. Definitions.

TITLE II—DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

Subtitle A—Expanded Deployment and Utilization of Current Security Technologies

and Procedures

Sec. 201. Expanded deployment and utilization of current security technologies and

procedures.

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Subtitle B—Short-Term Assessment and Deployment of Emerging Security

Technologies and Procedures

Sec. 211. Short-term assessment and deployment of emerging security technologies

and procedures.

Subtitle C—Research and Development of Aviation Security Technology

Sec. 221. Research and development of aviation security technology.

TITLE I—AVIATION SECURITY

SEC. 101. FINDINGS.

The Congress finds the following:

(1) The safety and security of the civil air transportation system is critical to the United States’ security and its national

defense.

(2) A safe and secure United States civil air transportation

system is essential to the basic freedom of Americans to move

in intrastate, interstate, and international transportation.

(3) The terrorist hijackings and crashes of passenger aircraft

on September 11, 2001, converting civil aircraft into guided

bombs for strikes against civilian and military targets requires

the United States to change fundamentally the way it approaches the task of ensuring the safety and security of the

civil air transportation system.

(4) The existing fragmentation of responsibility for that safety and security among government agencies and between government and nongovernment entities is inefficient and unacceptable in light of the hijackings and crashes on September

11, 2001.

(5) The General Accounting Office has recommended that security functions and security personnel at United States airports should become a Federal government responsibility.

(6) Although the number of Federal air marshals is classified, their presence on both international and domestic flights

would have a deterrent effect on hijacking and would further

bolster public confidence in the safety of air travel.

(7) The effectiveness of existing security measures, including

employee background checks and passenger pre-screening, is

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.

SEC. 102. TRANSPORTATION SECURITY FUNCTION.

(a) IN GENERAL.—Section 102 of title 49, United States Code, is

amended—

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g); and

(2) by inserting after subsection (c) the following:

‘‘(d) DEPUTY SECRETARY FOR TRANSPORTATION SECURITY.—

‘‘(1) IN GENERAL.—The Department has a Deputy Secretary

for Transportation Security, who shall be appointed by the

President, by and with the advice and consent of the Senate.

The Deputy Secretary for Transportation Security shall carry

out duties and powers prescribed by the Secretary relating to

security for all modes of transportation.

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‘‘(2) AVIATION-RELATED DUTIES.—The Deputy Secretary—

‘‘(A) shall coordinate and direct, as appropriate, the functions and responsibilities of the Secretary of Transportation and the Administrator of the Federal Aviation Administration under chapter 449;

‘‘(B) shall 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; and

‘‘(C) shall actively cooperate and coordinate with the Attorney General, the Secretary of Defense, and the heads of

other appropriate Federal agencies and departments with

responsibilities for national security and criminal justice

enforcement activities that are related to aviation security

through the Aviation Security Coordination Council.

‘‘(3) NATIONAL EMERGENCY RESPONSIBILITIES.—Subject to the

direction and control of the Secretary, the Deputy Secretary

shall have the following responsibilities:

‘‘(A) To coordinate domestic transportation during a national emergency, including aviation, rail, and other surface transportation, and maritime transportation (including port security).

‘‘(B) To coordinate and oversee during a national emergency 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 establish uniform national standards and practices for transportation during a national emergency.

‘‘(D) 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 during a national emergency.

‘‘(E) To carry out such other duties, and exercise such

other powers, relating to transportation during a national

emergency as the Secretary of Transportation shall prescribe.

‘‘(4) RELATIONSHIP TO OTHER TRANSPORTATION AUTHORITY.—

The authority of the Deputy Secretary under paragraph (3) to

coordinate and oversee transportation and transportation-related responsibilities during a national emergency 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.

‘‘(5) ANNUAL REPORT.—The Deputy Secretary shall submit to

the Congress on an annual basis a report on the activities of

the Deputy Secretary under paragraph (3) during the preceding year.

‘‘(6) NATIONAL EMERGENCY.—The Secretary of Transportation

shall prescribe the circumstances constituting a national emergency for purposes of paragraph (3).’’.

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(b) ATTORNEY GENERAL RESPONSIBILITIES.—The Attorney General of the United States— (1) is responsible for day-to-day Federal security screening

operations for passenger air transportation or intrastate air

transportation under sections 44901 and 44935 of title 49,

United States Code;

(2) shall 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;

(3) is responsible for hiring and training personnel to provide

security screening at all United States airports involved in passenger air transportation or intrastate air transportation, in

consultation with the Secretary of Transportation, the Secretary of Defense, and the heads of other appropriate Federal

agencies and departments; and

(4) shall actively cooperate and coordinate with the Secretary

of Transportation, the Secretary of Defense, and the heads of

other appropriate Federal agencies and departments with responsibilities for national security and criminal justice enforcement activities that are related to aviation security through

the Aviation Security Coordination Council.

(c) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECU- RITY.—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 nonexplosive weapons, such as biological, chemical, or similar substances; and ‘‘(7) to evaluate such additional measures as may be appropriate to enhance physical inspection of passengers, luggage,

and cargo.’’. (d) TRANSITION.—Until the Deputy Secretary for Transportation

Security takes office, the functions of the Deputy Secretary that relate to aviation security shall be carried out by the Assistant Administrator for Civil Aviation Security of the Federal Aviation Administration.

SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.

(a) IN GENERAL.—Section 44911 of title 49, United States Code,

is amended by adding at the end the following:

‘‘(f) AVIATION SECURITY COORDINATION COUNCIL.—

‘‘(1) IN GENERAL.—There is established an Aviation Security

Coordination Council.

‘‘(2) FUNCTION.—The Council shall work with the intelligence

community to coordinate intelligence, security, and criminal

enforcement activities affecting the safety and security of aviation at all United States airports and air navigation facilities

involved in air transportation or intrastate air transportation.

‘‘(3) CHAIR.—The Council shall be chaired by the Secretary

of Transportation or the Secretary’s designee.

‘‘(4) MEMBERSHIP.—The members of the Council are:

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‘‘(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) The head, or an officer or employee designated by

the head, of any other Federal agency the participation of

which is determined by the Secretary of Transportation, in

consultation with the Attorney General, to be appropriate.

‘‘(g) CROSS-CHECKING DATA BASE INFORMATION.—The Secretary

of Transportation, acting through the Aviation Security Coordination Council, shall—

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

database of individuals who may pose a threat to aviation or

national security;

‘‘(2) enter into memoranda of understanding with other Federal agencies to share or otherwise cross-check data on such individuals identified on Federal agency data bases, and may utilize other available data bases as necessary; and

‘‘(3) evaluate and assess technologies in development or use

at Federal departments, agencies, and instrumentalities that

might be useful in improving the safety and security of aviation in the United States.’’.

(b) POLICIES AND PROCEDURES.—Section 44911(b) of title 49,

United States Code, is amended by striking ‘‘international’’.

(c) STRATEGIC PLANNING.—Section 44911(c) of title 49, United

States Code, is amended by striking ‘‘consider placing’’ and inserting ‘‘place’’.

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 except to authorized personnel;

(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 the flight deck crew access and egress; 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

14

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

and security procedures, as may be necessary to ensure the

safety and security of the aircraft.

(b) COMMUTER AIRCRAFT.—The Administrator shall investigate

means of securing, to the greatest feasible extent, the flight deck

of 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 (without regard to

the provisions of chapter 5 of title 5, United States Code) to ensure

the inaccessibility, to the greatest extent feasible, of the flight deck

while the aircraft is so engaged.

SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

(a) AIR MARSHALS UNDER ATTORNEY GENERAL GUIDELINES.—The

Attorney General shall prescribe guidelines for the training and deployment of individuals authorized, with the approval of the Attorney General, to carry firearms and make arrests under section

44903(d) of title 49, United States Code. The Secretary of Transportation shall administer the air marshal program under that section

in accordance with the guidelines prescribed by the Attorney General.

(b) DEPLOYMENT.—Section 44903(d) of title 49, United States

Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘With’’;

(2) by redesignating paragraphs (1) and (2) as subparagraphs

(A) and (B); and

(3) by adding at the end the following:

‘‘(2) The Secretary—

‘‘(A) may place Federal air marshals on every scheduled passenger flight in air transportation and intrastate air transportation; and

‘‘(B) shall place them on every such flight determined by the

Secretary to present high security risks.

‘‘(3) In making the determination under paragraph (2)(B), nonstop longhaul flights, such as those targeted on September 11,

2001, should be a priority.’’.

(c) TRAINING, SUPERVISION, AND FLIGHT ASSIGNMENT.—Within 30

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

Transportation, under the authority of subsections (d) and (e) of

section 44903 of title 49, United States Code, shall—

(1) provide for deployment of Federal air marshals on flights

in air transportation and intrastate air transportation;

(2) provide for appropriate background and fitness checks for

candidates for appointment as Federal air marshals;

(3) provide for appropriate training, supervision, and equipment of Federal air marshals; and

(4) require air carriers to provide seating for Federal air

marshals on any flight without regard to the availability of

seats on that flight.

(d) INTERNATIONAL FLIGHTS.—The Secretary shall work with the

International Civil Aviation Organization and with appropriate

civil aviation authorities of foreign governments under section

44907 of title 49, United States Code, to address security concerns

on flights by foreign air carriers to and from the United States.

15

(e) INTERIM MEASURES.—The Secretary may, after consultation

with the heads of other Federal agencies and departments, use personnel from those agencies and departments to provide air marshal

service on domestic and international flights, and may use the authority provided by section 324 of title 49, United States Code, for

such purpose.

(f) REPORTS.— (1) IN GENERAL.—The Attorney General and the Secretary of

Transportation shall submit the following reports in classified

form, if necessary, to the Senate Committee on Commerce,

Science, and Transportation and the House of Representatives

Committee on Transportation and Infrastructure:

(A) Within 18 months after the date of enactment of this

Act, an assessment of the program carried out under section 44903(d) of title 49, United States Code.

(B) Within 120 days after such date, an assessment of

the effectiveness of the security screening process for

carry-on baggage and checked baggage.

(C) Within 6 months after the date of enactment of this

Act, an assessment of the safety and security-related training provided to flight and cabin crews.

(2) RECOMMENDATIONS.—The Attorney General and the Secretary may submit, as part of any report under this subsection

or separately, any recommendations they may have for improving the effectiveness of the Federal air marshal program or the

security screening process.

(g) COOPERATION WITH OTHER AGENCIES.—The last sentence of

section 106(m) of title 49, United States Code, is amended by striking ‘‘supplies and’’ and inserting ‘‘supplies, personnel, services,

and’’. (h) AUTHORITY TO APPOINT RETIRED LAW ENFORCEMENT OFFI- CERS.—Notwithstanding any other provision of law, the Secretary

of Transportation may appoint an individual who is a retired law

enforcement officer or a retired member of the Armed Forces as a

Federal air marshal, regardless of age, or an individual discharged

or furloughed from a commercial airline cockpit crew position, if

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

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 Secretary of Transportation, 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

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 faciliVerDate 11-MAY-2000 03:27 Nov 01, 2001 Jkt 099008 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR264.XXX pfrm04 PsN: HR264
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ties, and access and transition areas at airports served by

other means of ground or water transportation. The Secretary

of Transportation, after consultation with the Aviation Security

Coordination Council, shall consider whether airport, air carrier personnel, and other individuals with access to such areas

should be screened to prevent individuals who present a risk

to aviation security or national security from gaining access to

such areas. ‘‘(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PER- SONNEL.—The Secretary of Transportation 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.’’. (b) SMALL AND MEDIUM AIRPORTS.—The Administrator of the

Federal Aviation Administration shall develop a plan to provide

technical support to small and medium airports to enhance security

operations, including screening operations, and to provide financial

assistance to those airports to defray the costs of enhancing security. The Federal Aviation Administration in consultation with the

appropriate State or local government law enforcement authorities,

shall reexamine the safety requirements for small community airports, to reflect a reasonable level of threat to those individual

small community airports, including the parking of passenger vehicles within 300 feet of the airport terminal building with respect

to that airport.

(c) 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 shall

require airports to maximize the use of technology and equipment that is designed to detect potential chemical or biological

weapons.’’. (d) 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 techVerDate 11-MAY-2000 03:27 Nov 01, 2001 Jkt 099008 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR264.XXX pfrm04 PsN: HR264
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nologies that identify individuals based on unique personal

characteristics.’’.

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

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

‘‘(3) 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 other security protections for

closed or secure areas of the airports. Such technology may include

biometric or other technology that ensures only authorized access

to secure areas.’’.

(f) AIRPORT SECURITY AWARENESS PROGRAMS.—The Secretary of

Transportation shall require air carriers and airports involved in

air transportation or intrastate air transportation to develop security awareness programs for airport employees, ground crews, and

other individuals employed at such airports.

SEC. 107. ENHANCED ANTI-HIJACKING TRAINING FOR FLIGHT CREWS.

(a) IN GENERAL.—The Secretary of Transportation shall develop

a mandatory air carrier program of training for flight and cabin

crews of aircraft providing air transportation or intrastate air

transportation in dealing with attempts to commit aircraft piracy

(as defined in section 46502(a)(1)(A) of title 49, United States

Code). The Secretary shall ensure that the training curriculum is

developed in consultation with Federal law enforcement agencies

with expertise in terrorism, self-defense, hijacker psychology, and

current threat conditions.

(b) NOTIFICATION PROCEDURES.—The Administrator of the Federal Aviation Administration shall revise the procedures by which

cabin crews of aircraft can notify flight deck crews of security

breaches and other emergencies and implement any new measures

as soon as practicable.

SEC. 108. PASSENGER AND PROPERTY SCREENING.

(a) IN GENERAL.—Section 44901 of title 49, United States Code,

is amended to read as follows:

‘‘§ 44901. Screening passengers, individuals with access to

secure areas, and property

‘‘(a) IN GENERAL.—The Attorney General, in consultation with

the Secretary of Transportation, 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 an aircraft in air transportation or intrastate air transportation. The screening shall take place before boarding and, except as provided in subsection (c), shall be carried out by a Federal

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

States Code). The Attorney General, in consultation with the Secretary, shall provide for the screening of all persons, including airport, air carrier, foreign air carrier, and airport concessionaire employees, before they are allowed into sterile or secure areas of the

airport, as determined by the Attorney General. The screening of

airport, air carrier, foreign air carrier, and airport concessionaire

employees, and other nonpassengers with access to secure areas,

shall be conducted in the same manner as passenger screenings are

conducted, except that the Attorney General may authorize alterVerDate 11-MAY-2000 03:27 Nov 01, 2001 Jkt 099008 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\HR264.XXX pfrm04 PsN: HR264
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native screening procedures for personnel engaged in providing airport or aviation security at an airport. In carrying out this subsection, the Attorney General shall maximize the use of available

nonintrusive and other inspection and detection technology that is

approved by the Administrator of the Federal Aviation Administration for the purpose of screening passengers, baggage, mail, or

cargo.

‘‘(b) DEPLOYMENT OF ARMED PERSONNEL.—

‘‘(1) IN GENERAL.—The Attorney General 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 Attorney

General 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 Attorney General shall order the

deployment of additional law enforcement personnel at airport

security screening locations if the Attorney General determines

that the additional deployment is necessary to ensure passenger safety and national security.

‘‘(c) SECURITY AT SMALL COMMUNITY AIRPORTS.—

‘‘(1) PASSENGER SCREENING.—In carrying out subsection (a)

and subsection (b)(1), the Attorney General may require any

nonhub airport (as defined in section 41731(a)(4)) or smaller

airport with scheduled passenger operations to enter into an

agreement under which screening of passengers and property

will be carried out by qualified, trained State or local law enforcement personnel if—

‘‘(A) the screening services are equivalent to the screening services that would be carried out by Federal personnel under subsection (a);

‘‘(B) the training and evaluation of individuals conducting the screening or providing security services meets

the standards set forth in section 44935 for training and

evaluation of Federal personnel conducting screening or

providing security services under subsection (a);

‘‘(C) the airport is reimbursed by the United States,

using funds made available by the Aviation Security Act,

for the costs incurred in providing the required screening,

training, and evaluation; and

‘‘(D) the Attorney General has consulted the airport

sponsor.

‘‘(2) DETERMINATION OF LIMITED REQUIREMENTS.—The Attorney General, in consultation with the Secretary of Transportation, may prescribe modified aviation security measures for

a nonhub airport if the Attorney General determines that specific security measures are not required at a nonhub airport at

all hours of airport operation because of—

‘‘(A) the types of aircraft that use the airport;

‘‘(B) seasonal variations in air traffic and types of aircraft that use the airport; or

19

‘‘(C) other factors that warrant modification of otherwise

applicable security requirements. ‘‘(3) ADDITIONAL FEDERAL SECURITY MEASURES.—At any airport required to enter into a reimbursement agreement under

paragraph (1), the Attorney General— ‘‘(A) may provide or require additional security measures; ‘‘(B) may conduct random security inspections; and

‘‘(C) may provide assistance to enhance airport security

at that airport. ‘‘(d) MANUAL PROCESS.— ‘‘(1) IN GENERAL.—The Attorney General shall require a

manual process, at explosive detection system screening locations in airports where explosive detection equipment is underutilized, which will augment the Computer Assisted Passenger

Prescreening System by randomly selecting additional checked

bags for screening so that a minimum number of bags, as prescribed by the Attorney General, are examined. ‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Paragraph

(1) shall not be construed to limit the ability of the Attorney

General or the Secretary of Transportation to impose additional security measures when a specific threat warrants such

additional measures. ‘‘(3) MAXIMUM USE OF EXPLOSIVE DETECTION EQUIPMENT.—In

prescribing the minimum number of bags to be examined

under paragraph (1), the Attorney General shall seek to maximize the use of the explosive detection equipment. ‘‘(e) FLEXIBILITY OF ARRANGEMENTS.—In carrying out subsections

(a), (b), and (c), the Attorney General may use memoranda of understanding or other agreements with the heads of appropriate

Federal law enforcement agencies covering the utilization and deployment of personnel of the Department of Justice or such other

agencies.’’. (b) DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.—Section 512 of the Wendell H. Ford Aviation Investment

and Reform Act for the 21st Century is amended— (1) by striking ‘‘purpose of’’ in subsection (b)(1)(A) and inserting ‘‘purposes of (i)’’;

(2) by striking ‘‘transportation;’’ in subsection (b)(1)(A) and

inserting ‘‘transportation, and (ii) regulate the provisions of security screening services under section 44901(c) of title 49,

United States Code;’’;

(3) by striking ‘‘NOT FEDERAL RESPONSIBILITY’’ in the heading

of subsection (b)(3)(b);

(4) by striking ‘‘shall not be responsible for providing’’ in subsection (b)(3)(B) and inserting ‘‘may provide’’;

(5) by striking ‘‘flight.’’ in subsection (c)(2) and inserting

‘‘flight and security screening functions under section 44901(c)

of title 49, United States Code.’’;

(6) by striking ‘‘General’’ in subsection (e) and inserting ‘‘General, in consultation with the Secretary of Transportation,’’; and

(7) by striking subsection (f).

(c) TRANSITION.—The Attorney General shall complete the full

implementation of section 44901 of title 49, United States Code, as

20

amended by subsection (a), as soon as is practicable but in no event

later than 9 months after the date of enactment of this Act. The

Attorney General may make or continue such arrangements, including arrangements under the authority of sections 40110 and

40111 of that title, for the screening of passengers and property

under that section as the Attorney General determines necessary

pending full implementation of that section as so amended.

SEC. 109. 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 Attorney General, in consultation with the Secretary of Transportation, shall establish a program for the hiring and training of security screening personnel. ‘‘(2) HIRING.— ‘‘(A) QUALIFICATIONS.—The Attorney General shall establish, within 30 days after the date of enactment of the

Aviation Security Act, qualification standards for individuals to be hired by the United States as security screening

personnel. Notwithstanding any provision of law to the

contrary, those standards shall, at a minimum, require an

individual— ‘‘(i) to have a satisfactory or better score on a Federal security screening personnel selection examination; ‘‘(ii) to have been a national of the United States, as

defined in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)), for a minimum

of 5 consecutive years; ‘‘(iii) to have passed an examination for recent consumption of a controlled substance;

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

forth in subsection (f); and

‘‘(v) to meet such other qualifications as the Attorney General may establish.

‘‘(B) BACKGROUND CHECKS.—The Attorney General shall

require that an individual to be hired as a security screener 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 Attorney General, 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 Attorney General shall develop a security screening personnel examination for use in determining the qualification of individuals

seeking employment as security screening personnel. The Attorney General shall also review, and revise as necessary, any

21

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 to the contrary, an individual may not be employed

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 Attorney General has determined to have equipped 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 Attorney General. Wherever the screening equipment system displays colors, the operator shall be able

to perceive each color.

‘‘(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 hand-held

metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct

those procedures over a 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;

‘‘(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 (2).

22

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

training required by this section may be employed 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. ‘‘(3) 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. ‘‘(4) ANNUAL PROFICIENCY REVIEW.—The Attorney General

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. ‘‘(5) OPERATIONAL TESTING.—In addition to the annual proficiency review conducted under paragraph (4), the Attorney

General shall provide for the operational testing of such personnel. ‘‘(g) TRAINING.—

‘‘(1) USE OF OTHER AGENCIES.—The Attorney General shall

enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel,

resources, or other forms of assistance in the training of security screening personnel.

‘‘(2) TRAINING PLAN.—The Attorney General shall, within 60

days after the date of enactment of the Aviation Security Act,

develop a plan for the training of security screening personnel.

The plan shall, at a minimum, require that before being deployed as a security screener, an individual— ‘‘(A) has completed 40 hours of classroom instruction or

successfully completed a program that the Attorney General 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 instruction;

and

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

examination prescribed by the Attorney General.

‘‘(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

23

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.—The Attorney General shall require training to ensure that screeners are proficient in using the

most up-to-date new technology and to ensure their proficiency in

recognizing new threats and weapons. The Attorney General shall

make periodic assessments to determine if there are dual use items

and inform security screening personnel of the existence of such

items. Current lists of dual use items shall be part of the ongoing

training for screeners. 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.’’.

(b) CONFORMING AMENDMENTS.—

(1) Section 44936(a)(1)(A) is amended by inserting ‘‘as a security screener under section 44935(e) or a position’’ after ‘‘a position’’.

(2) Section 44936(b) of title 49, United States Code, is

amended—

(A) by inserting ‘‘the Attorney General,’’ after ‘‘subsection,’’ in paragraph (1); and

(B) by striking ‘‘An’’ in paragraph (3) and inserting ‘‘The

Attorney General, an’’.

(3) Section 44936(a)(1)(E) is amended by striking clause (iv).

(c) TRANSITION.—The Attorney General 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 Attorney General may make or continue such arrangements for the training of security screeners under that section as the Attorney General determines necessary pending full implementation of that section as so amended.

(d) SCREENER PERSONNEL.—Notwithstanding any other provision

of law, the Attorney General 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 Attorney General determines to be necessary to carry out the passenger security screening functions of the Attorney General under

section 44901 of title 49, United States Code.

(e) STRIKES PROHIBITED.—An individual employed as a security

screener under section 44901 of title 49, United States Code, is prohibited from participating in a strike or asserting the right to

strike pursuant to section 7311(3) or 7116(b)(7) of title 5, United

States Code.

(f) BACKGROUND CHECKS FOR EXISTING EMPLOYEES.—

(1) IN GENERAL.—Section 44936 of title 49, United States

Code, is amended by inserting ‘‘is or’’ before ‘‘will’’ in subsection (a)(1)(B)(i).

(2) EFFECTIVE DATE.—The amendments made by paragraph

(1) apply with respect to individuals employed on or after the

date of enactment of the Aviation Security Act in a position described in subparagraph (A) or (B) of section 44936(a)(1) of title

49, United States Code. The Secretary of Transportation may

provide by order for a phased-in implementation of the requirements of section 44936 of that title made applicable to individVerDate 11-MAY-2000 03:27 Nov 01, 2001 Jkt 099008 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\HR264.XXX pfrm04 PsN: HR264
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uals employed in such positions at airports on the date of enactment of this Act.

SEC. 110. 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 rationale for engineering, research, and development with respect to such technologies.’’. (2) REVIEW OF THREATS.—Subsection (b)(1) of that section is

amended—

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

subparagraphs (B) through (G), 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—

25

‘‘(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 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.’’. (c) COORDINATION WITH ATTORNEY GENERAL.—Section 44912(b)

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

the following:

‘‘(3) Beginning on the date of enactment of the Aviation Security

Act, the Administrator shall conduct all research related to screening technology and procedures in conjunction with the Attorney

General.’’.

SEC. 111. FLIGHT SCHOOL SECURITY.

(a) PROHIBITION.—Chapter 449 of title 49, United States Code, is

amended by adding at the end the following new section:

‘‘§ 44939. Training to operate jet-propelled aircraft

‘‘(a) PROHIBITION.—No person subject to regulation under this

part may provide training in the operation of any jet-propelled aircraft to any alien (or other individual specified by the Secretary of

Transportation under this section) within the United States unless

the Attorney General issues to that person a certification of the

26

completion of a background investigation of the alien or other individual under subsection (b).

‘‘(b) INVESTIGATION.—

‘‘(1) REQUEST.—Upon the joint request of a person subject to

regulation under this part and an alien (or individual specified

by the Secretary) for the purposes of this section, the Attorney

General shall—

‘‘(A) carry out a background investigation of the alien or

individual within 30 days after the Attorney General receives the request; and

‘‘(B) upon completing the investigation, issue a certification of the completion of the investigation to the person.

‘‘(2) SCOPE.—A background investigation of an alien or individual under this subsection shall consist of the following:

‘‘(A) A determination of whether there is a record of a

criminal history for the alien or individual and, if so, a review of the record.

‘‘(B) A determination of the status of the alien under the

immigration laws of the United States.

‘‘(C) A determination of whether the alien or individual

presents a national security risk to the United States.

‘‘(3) RECURRENT TRAINING.—The Attorney General shall develop expedited procedures for requests that relate to recurrent

training of an alien or other individual for whom a certification

has previously been issued under paragraph (1).

‘‘(c) SANCTIONS.—A person who violates subsection (a) shall be

subject to administrative sanctions that the Secretary of Transportation shall prescribe in regulations. The sanctions may include

suspension and revocation of licenses and certificates issued under

this part.

‘‘(d) 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.

‘‘(e) REPORTING REQUIREMENT.—Each person subject to regulation under this part that provides training in the operation of any

jet-propelled aircraft shall report to the Secretary of Transportation, at such time and in such manner as the Secretary may prescribe, the name, address, and such other information as the Secretary may require concerning—

‘‘(1) each alien to whom such training is provided; and

‘‘(2) every other individual to whom such training is provided

as the Secretary may require.

‘‘(f) ALIEN DEFINED.—In this section, the term ‘alien’ has the

meaning given the term in section 101(a)(3) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(3)).’’.

(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 jet-propelled 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.

27

SEC. 112. REPORT TO CONGRESS ON SECURITY.

Within 60 days after the date of enactment of this Act, the Attorney General and the Secretary of Transportation shall transmit a

report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure containing their joint recommendations on additional measures for the Federal Government to address transportation security functions.

SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

The Secretary of Transportation shall submit to the Senate Committee on Commerce, Science, and Transportation and the House

of Representatives Committee on Transportation and Infrastructure within 3 months after the date of enactment of this Act a report on how to improve security with respect to general aviation

and air charter operations in the United States.

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 or intimidating 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 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, intimidation, 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. 115. SECURITY-RELATED STUDY BY FAA.

Within 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall transmit

to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report setting forth the Administrator’s

findings and recommendations on the following aviation securityrelated issues:

(1) A requirement that individuals employed at an airport

with scheduled passenger service, and law enforcement personnel at such an airport, be screened via electronic identity

verification or, until such verification is possible, have their

identity verified by visual inspection.

(2) The installation of switches in the cabin for use by cabin

crew to notify the flight crew discreetly that there is a security

breach in the cabin.

(3) A requirement that air carriers and airports revalidate

all employee identification cards using hologram stickers,

through card re-issuance, or through electronic revalidation.

28

(4) The updating of the common strategy used by the Administration, law enforcement agencies, air carriers, and flight

crews during hijackings to include measures to deal with suicidal hijackers and other extremely dangerous events not currently dealt with by the strategy.

(5) The use of technology that will permit enhanced instant

communications and information between airborne passenger

aircraft and appropriate individuals or facilities on the ground.

SEC. 116. 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.

SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

(a) IN GENERAL.—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.

(b) REPORT.—The Secretary shall transmit an annual report to

the Senate Committee on Commerce, Science, and Transportation

and to the House of Representatives Committee on Transportation

29

and Infrastructure on compliance by United States air carriers

with the requirements of subsection (a).

SEC. 118. SECURITY FUNDING.

(a) USER FEE FOR SECURITY SERVICES.—

(1) IN GENERAL.—Chapter 481 is amended by adding at the

end thereof the following:

‘‘§ 48114. User fee for security services charge

‘‘(a) IN GENERAL.—The Secretary of Transportation shall collect

a user fee from air carriers. Amounts collected under this section

shall be treated as offsetting collections to offset annual appropriations for the costs of providing aviation security services.

‘‘(b) AMOUNT OF FEE.—Air carriers shall remit $2.50 for each

passenger enplanement.

‘‘(c) USE OF FEES.—A fee collected under this section shall be

used solely for the costs associated with providing aviation security

services and may be used only to the extent provided in advance

in an appropriation law.’’.

(2) CLERICAL AMENDMENT.—The table of sections for chapter

481 is amended by adding at the end thereof the following:

‘‘48114. User fee for security services’’.

(3) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall apply with respect to transportation beginning after

the date which is 180 days after the date of enactment of this

Act.

(b) 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

‘‘There are authorized to be appropriated for fiscal years 2002,

2003, and 2004, such sums as may be necessary to carry out chapter 449 and related aviation security activities under this title.’’.

(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) BLANKET AUTHORITY.—Notwithstanding any provision of

law to the contrary, including any provision of chapter 471 of

title 49, United States Code, or any rule, regulation, or agreement thereunder, for fiscal year 2002 the Administrator of the

Federal Aviation Administration may permit an airport operator to use amounts made available under that chapter to defray additional direct security-related expenses imposed by law

or rule after September 11, 2001, for which funds are not othVerDate 11-MAY-2000 03:27 Nov 01, 2001 Jkt 099008 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR264.XXX pfrm04 PsN: HR264
30

erwise specifically appropriated or made available under this

or any other Act.

(2) AIRPORT DEVELOPMENT FUNDS.—Section 47102(3) of title

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

following: ‘‘(J) after September 11, 2001, and before October 1,

2002, for fiscal year 2002, additional operational requirements, improvement of facilities, purchase and deployment

of equipment, hiring, training, and providing appropriate

personnel, or an airport or any aviation operator at an airport, that the Secretary determines will enhance and ensure the security of passengers and other persons involved

in air travel.’’. (3) 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), and shall not depend upon the date of execution of a grant agreement

made under this subchapter;’’. (4) DISCRETIONARY GRANTS.—Section 47115 of title 49,

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

nonfederal resources, and the degree to which the sponsor is providing increased funding for the project.’’. (5) 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).’’.

(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.

31

SEC. 120. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS FOR SECURITY MANDATES.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated to the Secretary of Transportation such sums as

may be necessary for fiscal year 2002 to compensate airport operators for eligible security costs.

(b) REIMBURSABLE COSTS.—The Secretary may reimburse an airport operator (from amounts made available for obligation under

subsection (a)) for the direct costs incurred by the airport operator

in complying with new, additional, or revised security requirements

imposed on airport operators by the Federal Aviation Administration on or after September 11, 2001.

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

reimburse an airport operator under this section for any cost for

which the airport operator 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

(b); and

(2) the cost was incurred by the airport operator.

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 that necessary to

conduct such an audit.

(d) CLAIM PROCEDURE.—Within 30 days after the date of enactment of this Act, the Secretary, after consultation with airport operators, shall publish in the Federal Register the procedures for filing claims for reimbursement under this section of eligible costs incurred by airport operators.

SEC. 121. 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:

‘‘§ 44940. 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 law or regulation of the United States, any constitution,

law, or regulation 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.

32

‘‘§ 44941. Sharing security risk information

‘‘The Attorney General, in consultation with the Deputy Secretary for Transportation Security and the Director of the Federal

Bureau of Investigation, shall establish procedures for notifying the

Administrator of the Federal Aviation Administration, and airport

or airline security officers, of the identity of persons known or suspected by the Attorney General to pose a risk of air piracy or terrorism or a threat to airline or passenger safety.’’.

(b) REPORT.—Not later than 120 days after the date of enactment

of this Act, the Attorney General shall report to the Senate Committee on Commerce, Science, and Transportation, the House

Committe on Transportation and Infrastructure, and the Judiciary

Committees of the Senate and the House of Representatives on the

implementation of the procedures required under section 44941 of

title 49, United States Code, as added by this section.

(c) CHAPTER ANALYSIS.—The chapter analysis for chapter 449 of

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

the following:

‘‘44940. Immunity for reporting suspicious activities.

‘‘44941. Sharing security risk information.’’.

SEC. 122. 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.

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. 123. MAIL AND FREIGHT WAIVERS.

During a national emergency affecting air transportation or

intrastate air transportation, the Secretary of Transportation, after

33

consultation with the Aviation Security Coordination Council, 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 States with extraordinary air transportation needs or concerns if the Secretary

determines that the waiver is in the public interest, taking into

consideration the isolation of and dependence on air transportation

of such States. The Secretary may impose reasonable limitations on

any such waivers.

SEC. 124. SAFETY AND SECURITY OF ON-BOARD SUPPLIES.

(a) IN GENERAL.—The Secretary of Transportation shall establish

procedures to ensure the safety and integrity of all supplies, including catering and passenger amenities, placed aboard aircraft providing passenger air transportation or intrastate air transportation.

(b) MEASURES.—In carrying out subsection (a), the Secretary may

require—

(1) security procedures for suppliers and their facilities;

(2) the sealing of supplies to ensure easy visual detection of

tampering; and

(3) the screening of personnel, vehicles, and supplies entering secured areas of the airport or used in servicing aircraft.

SEC. 125. FLIGHT DECK SECURITY.

(a) SHORT TITLE.—This section may be cited as the ‘‘Flight Deck

Security Act of 2001’’.

(b) FINDINGS.—Congress makes the following findings:

(1) On September 11, 2001, terrorists hijacked four civilian

aircraft, crashing two of the aircraft into the towers of the

World Trade Center in New York, New York, and a third into

the Pentagon outside Washington, District of Columbia.

(2) Thousands of innocent Americans and citizens of other

countries were killed or injured as a result of these attacks, including the passengers and crew of the four aircraft, workers

in the World Trade Center and in the Pentagon, rescue workers, and bystanders.

(3) These attacks destroyed both towers of the World Trade

Center, as well as adjacent buildings, and seriously damaged

the Pentagon.

(4) These attacks were by far the deadliest terrorist attacks

ever launched against the United States and, by targeting

symbols of America, clearly were intended to intimidate our

Nation and weaken its resolve.

(5) Armed pilots, co-pilots, and flight engineers with proper

training will be the last line of defense against terrorist by providing cockpit security and aircraft security.

(6) Secured doors separating the flight deck from the passenger cabin have been effective in deterring hijackings in

other nations and will serve as a deterrent to future contemplated acts of terrorism in the United States.

(c) AVIATION SAFETY AND THE SUPPRESSION OF TERRORISM BY

COMMERCIAL AIRCRAFT.—

34

(1) POSSESSION OF FIREARMS ON COMMERCIAL FLIGHTS.—The

Federal Aviation Administration (FAA) is authorized to permit

a pilot, co-pilot, or flight engineer of a commercial aircraft who

has successfully completed the requirements of paragraph (2),

or who is not otherwise prohibited by law from possessing a

firearm, from possessing or carrying a firearm approved by the

FAA for the protection of the aircraft under procedures or regulations as necessary to ensure the safety and integrity of

flight.

(2) FEDERAL PILOT OFFICERS.—(A) In addition to the protections provided by paragraph (1), the FAA shall also establish

a voluntary program to train and supervise commercial airline

pilots.

(B) Under the program, the FAA shall make available appropriate training and supervision for all such pilots, which may

include training by private entities.

(C) The power granted to such persons shall be limited to enforcing Federal law in the cockpit of commercial aircraft and,

under reasonable circumstances the passenger compartment to

protect the integrity of the commercial aircraft and the lives of

the passengers.

(D) The FAA shall make available appropriate training to

any qualified pilot who requests such training pursuant to this

title.

(E) The FAA may prescribe regulations for purposes of this

section.

(d) REPORTS TO CONGRESS.—Not later than six months after the

date of the enactment of this Act, and every six months thereafter,

the Secretary of Transportation shall submit to Congress a report

on the effectiveness of the requirements in this section in facilitating commercial aviation safety and the suppression of terrorism

by commercial aircraft.

SEC. 126. 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 United

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.’’.

35

SEC. 127. 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 60 days of enactment, the Deputy

Secretary for Transportation Security shall, 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 Department of Transportation, the

Federal Aviation Administration and any other agency 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 Deputy

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 shall clarify the responsibilities of

the Secretary, the Deputy 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.

‘‘(iii) The performance plan shall be available to the public. The Deputy Secretary for Transportation Security may

prepare a nonpublic appendix covering performance goals

and indicators that, if revealed to the public, would likely

impede achievement of those goals and indicators.

‘‘(B) PERFORMANCE REPORT.—(i) Each year, consistent

with the requirements of GPRA, the Deputy 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.

‘‘(ii) The performance report shall be available to the

public. The Deputy Secretary for Transportation Security

may prepare a nonpublic appendix covering performance

goals and indicators that, if revealed to the public, would

likely impede achievement of those goals and indicators.

36

‘‘§ 44943. Performance Management System

‘‘(a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEAS- URING STAFF PERFORMANCE.—The Deputy 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) Each year, the Secretary and Deputy

Secretary for Transportation Security shall enter into an annual

performance agreement that shall set forth organizational and individual performance goals for the Deputy Secretary. ‘‘(2) Each year, the Deputy Secretary for Transportation Security

and each senior manager who reports to the Deputy Secretary for

Transportation Security 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 Deputy Secretary for Transportation Security shall enter into

an annual performance agreement that sets forth organization and

individual goals for those employees. ‘‘(c) COMPENSATION FOR THE DEPUTY SECRETARY FOR TRANSPOR- TATION SECURITY.— ‘‘(1) IN GENERAL.—The Deputy Secretary for Transportation

Security is authorized to be paid at an annual rate of pay payable to level II of the Executive Schedule. ‘‘(2) BONUSES OR OTHER INCENTIVES.—In addition, the Deputy Secretary for Transportation Security may receive bonuses

or other incentives, based upon the Secretary’s evaluation of

the Deputy Secretary’s performance in relation to the goals set

forth in the agreement. Total compensation cannot exceed the

Secretary’s salary. ‘‘(d) COMPENSATION FOR MANAGERS AND OTHER EMPLOYEES.— ‘‘(1) IN GENERAL.—A senior manager reporting directly to the

Deputy Secretary for Transportation Security may be paid at

an annual rate of basic pay of not more than the maximum

rate of basic pay for the Senior Executive Service under section

5382 of title 5, United States Code. ‘‘(2) BONUSES OR OTHER INCENTIVES.—In addition, senior

managers can receive bonuses or other incentives based on the

Deputy Secretary for Transportation Security’s evaluation of

their performance in relation to goals in agreements. Total

compensation cannot exceed 125 percent of the maximum rate

of base pay for the Senior Executive Service. Further, the Deputy Secretary for Transportation Security shall establish, within the performance management system, a program allowing

for the payment of bonuses or other incentives to other managers and employees. Such a program shall provide for bonuses

or other incentives based on their performance.

‘‘(e) PERFORMANCE-BASED SERVICE CONTRACTING.—To the extent

contracts, if any, are used to implement the Aviation Security Act,

the Deputy 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.’’.

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SEC. 128. USE OF FACILITIES.

(a) EMPLOYMENT REGISTER.—Notwithstanding any other provision of law, the Secretary of Transportation shall establish and

maintain an employment register.

(b) TRAINING FACILITY.—The Secretary of Transportation may,

where feasible, use the existing Federal Aviation Administration’s

training facilities, to design, develop, or conduct training of security

screening personnel.

SEC. 129. REPORT ON NATIONAL AIR SPACE RESTRICTIONS PUT IN

PLACE AFTER TERRORIST ATTACKS THAT REMAIN IN

PLACE.

(a) REPORT.—Within 30 days of the enactment of this Act, the

President shall submit to the committees of Congress specified in

subsection (b) a report containing—

(1) a description of each restriction, if any, on the use of national airspace put in place as a result of the September 11,

2001, terrorist attacks that remains in place as of the date of

the enactment of this Act; and

(2) a justification for such restriction remaining in place.

(b) COMMITTEES OF CONGRESS.—The committees of Congress

specified in this subsection are the following:

(1) The Select Committee on Intelligence of the Senate.

(2) The Permanent Select Committee on Intelligence of the

House of Representatives.

(3) The Committee on Commerce, Science, and Transportation of the Senate.

(4) The Committee on Transportation and Infrastructure of

the House of Representatives.

SEC. 130. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING

COMMERCIAL FLIGHTS.

(a) PROGRAM FOR PROVISION OF VOLUNTARY SERVICES.— (1) PROGRAM.—The Secretary of Transportation 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 Secretary shall establish such requirements for qualifications of providers of voluntary services

under the program under paragraph (1), including training requirements, as the Secretary considers appropriate.

(3) CONFIDENTIALITY OF REGISTRY.—If as part of the program

under paragraph (1) the 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 Secretary

shall take appropriate actions to ensure that the registry is

available only to appropriate airline personnel and otherwise

remains confidential.

(4) CONSULTATION.—The 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) PROTECTION FROM LIABILITY.—

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(1) 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. Exemption of volunteers from liability

‘‘(a) IN GENERAL.—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 inflight emergency in an aircraft of an air carrier if the individual meets such qualifications as

the Secretary shall prescribe for purposes of this section.

‘‘(b) EXCEPTION.—The exemption under subsection (a) 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.’’.

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

following new item:

‘‘44944. Exemption of volunteers from liability.’’.

(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.

SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.

(a) SECURITY FOR LARGER AIRCRAFT.—

(1) PROGRAM REQUIRED.—Not later than 90 days after the

date of the enactment of this Act, the Administrator of the

Federal Aviation Administration shall commence implementation of a program to provide security screening for all aircraft

operations conducted with respect to any aircraft having a

maximum certified takeoff weight of more than 12,500 pounds

that is not operating as of the date of the implementation of

the program under security procedures prescribed by the Administrator.

(2) WAIVER.—

(A) AUTHORITY TO WAIVE.—The Administrator may

waive the applicability of the program under this section

with respect to any aircraft or class of aircraft otherwise

described by this section if the Administrator determines

that aircraft described in this section can be operated safely without the applicability of the program to such aircraft

or class of aircraft, as the case may be.

(B) LIMITATIONS.—A waiver under subparagraph (A)

may not go into effect—

(i) unless approved by the Secretary of Transportation; and

(ii) until 10 days after the date on which notice of

the waiver has been submitted to the appropriate committees of Congress.

(3) PROGRAM ELEMENTS.—The program under paragraph (1)

shall require the following:

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(A) The search of any aircraft covered by the program

before takeoff.

(B) The screening of all crew members, passengers, and

other persons boarding any aircraft covered by the program, and their property to be brought on board such aircraft, before boarding.

(4) PROCEDURES FOR SEARCHES AND SCREENING.—The Administrator shall develop procedures for searches and

screenings under the program under paragraph (1). Such procedures may not be implemented until approved by the Secretary.

(b) SECURITY FOR SMALLER AIRCRAFT.—

(1) PROGRAM REQUIRED.—Not later than one year after the

date of the enactment of this Act, the Administrator shall commence implementation of a program to provide security for all

aircraft operations conducted with respect to any aircraft having a maximum certified takeoff weight of 12,500 pounds or

less that is not operating as of the date of the implementation

of the program under security procedures prescribed by the Administrator. The program shall address security with respect to

crew members, passengers, baggage handlers, maintenance

workers, and other individuals with access to aircraft covered

by the program, and to baggage.

(2) REPORT ON PROGRAM.—Not later than 180 days after the

date of the enactment of this Act, the Secretary shall submit

to the appropriate committees of Congress a report containing

a proposal for the program to be implemented under paragraph

(1).

(c) BACKGROUND CHECKS FOR ALIENS ENGAGED IN CERTAIN

TRANSACTIONS REGARDING AIRCRAFT.—

(1) REQUIREMENT.—Notwithstanding any other provision of

law and subject to paragraph (2), no person or entity may sell,

lease, or charter any aircraft to an alien, or any other individual specified by the Secretary for purposes of this subsection, within the United States unless the Attorney General

issues a certification of the completion of a background investigation of the alien, or other individual, as the case may be,

that meets the requirements of section 44939(b) of title 49,

United States Code, as added by section 111 of this title.

(2) EXPIRATION.—The prohibition in paragraph (1) shall expire as follows:

(A) In the case of an aircraft having a maximum certified takeoff weight of more than 12,500 pounds, upon implementation of the program required by subsection (a).

(B) In the case of an aircraft having a maximum certified takeoff weight of 12,500 pounds or less, upon implementation of the program required by subsection (b).

(3) ALIEN DEFINED.—In this subsection, the term ‘‘alien’’ has

the meaning given that term in section 44939(f) of title 49,

United States Code, as so added.

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Commerce, Science, and Transportation of the Senate; and

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(2) the Committee on Commerce of the House of Representatives.

SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

(a) IN GENERAL.—Not later than September 30, 2002, the Assistant Administrator for Civil Aviation Security shall review and

make a determination on the feasibility of implementing technologies described in subsection (b).

(b) TECHNOLOGIES DESCRIBED.—The technologies described in

this subsection are technologies that are—

(1) designed to protect passengers, aviation employees, air

cargo, airport facilities, and airplanes; and

(2) material specific and able to automatically and non-intrusively detect, without human interpretation and without regard to shape or method of concealment, explosives, illegal narcotics, hazardous chemical agents, and nuclear devices.

SEC. 133. REPORT ON NEW RESPONSIBILITIES OF THE DEPARTMENT

OF JUSTICE FOR AVIATION SECURITY.

Not later than 120 days after the date of enactment of this Act,

the Attorney General shall report to the House Committee on the

Judiciary, the Senate Committee on the Judiciary, the House Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation on the new responsibilities of the Department of Justice for aviation security

under this title.

SEC. 134. 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.

TITLE II—DEPLOYMENT AND USE OF

SECURITY TECHNOLOGIES

Subtitle A—Expanded Deployment and Utilization of Current Security Technologies and Procedures

SEC. 201. EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT

SECURITY TECHNOLOGIES AND PROCEDURES.

(a) IN GENERAL.—The Administrator of the Federal Aviation Administration shall require that employment investigations, including criminal history record checks, for all individuals described in

section 44936(a)(1) of title 49, United States Code, who are existing

employees, at airports regularly serving an air carrier holding a

certificate issued by the Secretary of Transportation, should be

completed within 9 months unless such individuals have had such

investigations and checks within 5 years of the date of enactment

of this Act. The Administrator shall devise an alternative method

for background checks for a person applying for any airport security position who has lived in the United States less than 5 years

and shall have such alternative background checks in place as soon

as possible. The Administrator shall work with the International

41

Civil Aviation Organization and with appropriate authorities of foreign governments in devising such alternative method.

(b) EXPLOSIVE DETECTION.— (1) IN GENERAL.—The Administrator of the Federal Aviation

Administration shall deploy and oversee the usage of existing

bulk explosives detection technology already at airports for

checked baggage. Not later than 60 days after the date of enactment of this Act, the Administrator shall establish confidential goals for— (A) deploying by a specific date all existing bulk explosives detection scanners purchased but not yet deployed by

the Federal Aviation Administration;

(B) a specific percentage of checked baggage to be

scanned by bulk explosives detection machines within 6

months, and annual goals thereafter with an eventual goal

of scanning 100 percent of checked baggage; and

(C) the number of new bulk explosives detection machines that will be purchased by the Federal Aviation Administration for deployment at the Federal Aviation Administration-identified midsized airports within 6 months.

(2) USE OF FUNDS.—For purposes of carrying out this subtitle, airport operators may use funds available under the Airport Improvement Program described in chapter 471 of title 49,

United States Code, to reconfigure airport baggage handling

areas to accommodate the equipment described in paragraph

(1), if necessary. Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Administrator

shall report, on a confidential basis, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of

Representatives, the Government Accounting Office, and the

Inspector General of the Department of Transportation, regarding the goals and progress the Administration is making

in achieving those goals described in paragraph (1).

(3) 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 luggage areas, that the

Secretary determines are necessary to install bulk explosive detection devices.’’. (c) BAG MATCHING SYSTEM.—The Administrator of the Federal

Aviation Administration shall require air carriers to improve the

passenger bag matching system. Not later than 60 days after the

date of enactment of this Act, the Administrator shall establish

goals for upgrading the Passenger Bag Matching System, including

interim measures to match a higher percentage of bags until Explosives Detection Systems are used to scan 100 percent of checked

baggage. The Administrator shall report, on a confidential basis, to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Transportation and Infrastructure of

42

the House of Representatives, the Government Accounting Office,

and the Inspector General of the Department of Transportation, regarding the goals and the progress made in achieving those goals

within 12 months after the date of enactment of this Act.

(d) COMPUTER-ASSISTED PASSENGER PRESCREENING.— (1) IN GENERAL.—The Administrator of the Federal Aviation

Administration shall require air carriers to expand the application of the current Computer-Assisted Passenger Prescreening

System (CAPPS) to all passengers, regardless of baggage. Passengers selected under this system shall be subject to additional security measures, including checks of carry-on baggage

and person, before boarding.

(2) REPORT.—The Administrator shall report back to the

Committee on Commerce, Science, and Transportation of the

Senate and to the Committee on Transportation and Infrastructure of the House of Representatives within 3 months of

the date of enactment of this Act on the implementation of the

expanded CAPPS system.

Subtitle B—Short-Term Assessment and

Deployment of Emerging Security Technologies and Procedures

SEC. 211. 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.— ‘‘(1) IN GENERAL.—The Deputy Secretary for Transportation

Security shall recommend to airport operators, within 6

months after the date of enactment of this Act, commercially

available measures or procedures to prevent access to secure

airport areas by unauthorized persons. As part of the 6-month

assessment, the Deputy 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

43

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) 90-DAY REVIEW.—

‘‘(A) IN GENERAL.—The Deputy Secretary for Transportation Security, as part of the Aviation Security Coordination Council, shall conduct a 90-day review of—

‘‘(i) currently available or short-term deployable upgrades to the Computer-Assisted Passenger

Prescreening System (CAPPS); and

‘‘(ii) deployable upgrades to the coordinated distribution of information regarding persons listed on the

‘‘watch list’’ for any Federal law enforcement agencies

who could present an aviation security threat.

‘‘(B) DEPLOYMENT OF UPGRADES.—The Deputy Secretary

for Transportation Security shall commence deployment of

recommended short-term upgrades to CAPPS and to the

coordinated distribution of ‘‘watch list’’ information within

6 months after the date of enactment of this Act. Within

18 months after the date of enactment of this Act, the Deputy Secretary for Transportation 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, the Government Accounting Office, and the Inspector General of

the Department of Transportation, on progress being made

in deploying recommended upgrades.

‘‘(3) STUDY.—The Deputy Secretary for Transportation Security shall conduct a study of options for improving positive

identification of passengers at check-in counters and boarding

areas, including the use of biometrics and ‘‘smart’’ cards. Within 6 months after the date of enactment of this Act, the Deputy

Secretary 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 feasibility and costs of implementing each identification method and a schedule for requiring air carriers to deploy identification methods determined to be effective.’’.

Subtitle C—Research and Development of

Aviation Security Technology

SEC. 221. 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

2002 through 2006 and such sums as are necessary for each fiscal

year thereafter to the Federal Aviation 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

44

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 Federal Aviation 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 Federal Aviation Administration that shall include sufficient information to permit the Administrator to prepare a cost-benefit analysis of potential improvements to airport security based upon deployment of the proposed

technology. The Administrator 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 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 appropriated

$20,000,000 to the Federal Aviation Administration to issue reVerDate 11-MAY-2000 03:27 Nov 01, 2001 Jkt 099008 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\HR264.XXX pfrm04 PsN: HR264
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search 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.

Æ