PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 597

Public Law 107–71

107th Congress

An Act

To improve aviation security, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Aviation and Transportation

Security Act’’.

TITLE I—AVIATION SECURITY

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.

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

is amended by adding at the end the following:

‘‘§ 114. Transportation Security Administration

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

shall be an administration of the Department of Transportation.

‘‘(b) UNDER SECRETARY.—

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

be the Under Secretary of Transportation for Security. The

Under Secretary shall be appointed by the President, by and

with the advice and consent of the Senate.

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

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

‘‘(B) have experience in a field directly related to

transportation or security.

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

as the Under Secretary shall be 5 years.

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

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

or security enterprise or an enterprise that makes equipment that

could be used for security purposes.

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

security in all modes of transportation, including—

‘‘(1) carrying out chapter 449, relating to civil aviation

security, and related research and development activities; and

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

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

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

operations for passenger air transportation and intrastate air

transportation under sections 44901 and 44935;

49 USC 40101

note.

Aviation and

Transportation

Security Act.

Nov. 19, 2001

[S. 1447]

115 STAT. 598 PUBLIC LAW 107–71—NOV. 19, 2001

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

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

‘‘(4) be responsible for hiring and training personnel to

provide security screening at all airports in the United States

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

other appropriate Federal agencies and departments.

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

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

Secretary shall—

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

related to transportation security;

‘‘(2) assess threats to transportation;

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

threats to transportation security;

‘‘(4) make other plans related to transportation security,

including coordinating countermeasures with appropriate

departments, agencies, and instrumentalities of the United

States Government;

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

to the intelligence and law enforcement communities;

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

guidance to the field security resources of the Administration,

including Federal Security Managers as provided by section

44933;

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

‘‘(8) identify and undertake research and development

activities necessary to enhance transportation security;

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

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

transportation of cargo;

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

of security measures at airports and other transportation facilities;

‘‘(12) require background checks for airport security

screening personnel, individuals with access to secure areas

of airports, and other transportation security personnel;

‘‘(13) work in conjunction with the Administrator of the

Federal Aviation Administration with respect to any actions

or activities that may affect aviation safety or air carrier operations;

‘‘(14) work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on

passenger flights by foreign air carriers in foreign air transportation; and

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

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

‘‘(g) NATIONAL EMERGENCY RESPONSIBILITIES.—

‘‘(1) IN GENERAL.—Subject to the direction and control of

the Secretary, the Under Secretary, during a national emergency, shall have the following responsibilities:

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 599

‘‘(A) To coordinate domestic transportation, including

aviation, rail, and other surface transportation, and maritime transportation (including port security).

‘‘(B) To coordinate and oversee the transportationrelated responsibilities of other departments and agencies

of the Federal Government other than the Department

of Defense and the military departments.

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

departments and agencies for transportation, law enforcement, and border control, about threats to transportation.

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

other powers, relating to transportation during a national

emergency as the Secretary shall prescribe.

‘‘(2) AUTHORITY OF OTHER DEPARTMENTS AND AGENCIES.—

The authority of the Under Secretary under this subsection

shall not supersede the authority of any other department

or agency of the Federal Government under law with respect

to transportation or transportation-related matters, whether

or not during a national emergency.

‘‘(3) CIRCUMSTANCES.—The Secretary shall prescribe the

circumstances constituting a national emergency for purposes

of this subsection.

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

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

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

agencies or other entities to share or otherwise cross-check

as necessary data on individuals identified on Federal agency

databases who may pose a risk to transportation or national

security;

‘‘(2) establish procedures for notifying the Administrator

of the Federal Aviation Administration, appropriate State and

local law enforcement officials, and airport or airline security

officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat

to airline or passenger safety;

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

and air carriers, establish policies and procedures requiring

air carriers—

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

identify individuals on passenger lists who may be a threat

to civil aviation or national security; and

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

from boarding an aircraft, or take other appropriate action

with respect to that individual; and

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

of identifying individuals who may pose a threat to aviation

safety or national security.

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

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

to the timely views of the National Transportation Safety Board.

‘‘(j) ACQUISITIONS.—

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

115 STAT. 600 PUBLIC LAW 107–71—NOV. 19, 2001

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

otherwise) such real property, or any interest therein,

within and outside the continental United States, as the

Under Secretary considers necessary;

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

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

such personal property (including office space and patents),

or any interest therein, within and outside the continental

United States, as the Under Secretary considers necessary;

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

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

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

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

construct, repair, operate, and maintain research and

testing sites and facilities; and

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

development facilities of the Federal Aviation Administration.

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

acquired pursuant to this subsection shall be held by the

Government of the United States.

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

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

term is defined in section 551(1) of title 5) to carry out functions

transferred, on or after the date of enactment of the Aviation

and Transportation Security Act, by law to the Under Secretary.

‘‘(l) REGULATIONS.—

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

issue, rescind, and revise such regulations as are necessary

to carry out the functions of the Administration.

‘‘(2) EMERGENCY PROCEDURES.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or executive order (including an executive order

requiring a cost-benefit analysis), if the Under Secretary

determines that a regulation or security directive must

be issued immediately in order to protect transportation

security, the Under Secretary shall issue the regulation

or security directive without providing notice or an opportunity for comment and without prior approval of the Secretary. ‘‘(B) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT

BOARD.—Any regulation or security directive issued under

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

115. Any regulation or security directive issued under this

paragraph shall remain effective unless disapproved by

the Board or rescinded by the Under Secretary.

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

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

Under Secretary shall consider, as a factor in the final determination, whether the costs of the regulation are excessive

in relation to the enhancement of security the regulation will

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 601

provide. The Under Secretary may waive requirements for an

analysis that estimates the number of lives that will be saved

by the regulation and the monetary value of such lives if

the Under Secretary determines that it is not feasible to make

such an estimate.

‘‘(4) AIRWORTHINESS OBJECTIONS BY FAA.—

‘‘(A) IN GENERAL.—The Under Secretary shall not take

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

Under Secretary that the action could adversely affect the

airworthiness of an aircraft.

‘‘(B) REVIEW BY SECRETARY.—Notwithstanding

subparagraph (A), the Under Secretary may take such

an action, after receiving a notification concerning the

action from the Administrator under subparagraph (A),

if the Secretary of Transportation subsequently approves

the action.

‘‘(m) PERSONNEL AND SERVICES; COOPERATION BY UNDER SECRETARY.—

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

functions of the Administration, the Under Secretary shall have

the same authority as is provided to the Administrator of

the Federal Aviation Administration under subsections (l) and

(m) of section 106. ‘‘(2) AUTHORITY OF AGENCY HEADS.—The head of a Federal

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

personnel, and facilities to the Administrator of the Federal

Aviation Administration under section 106(m).

‘‘(n) PERSONNEL MANAGEMENT SYSTEM.—The personnel

management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to

employees of the Transportation Security Administration, or, subject

to the requirements of such section, the Under Secretary may

make such modifications to the personnel management system with

respect to such employees as the Under Secretary considers appropriate, such as adopting aspects of other personnel systems of

the Department of Transportation. ‘‘(o) ACQUISITION MANAGEMENT SYSTEM.—The acquisition

management system established by the Administrator of the Federal Aviation Administration under section 40110 shall apply to

acquisitions of equipment, supplies, and materials by the Transportation Security Administration, or, subject to the requirements of

such section, the Under Secretary may make such modifications

to the acquisition management system with respect to such acquisitions of equipment, supplies, and materials as the Under Secretary

considers appropriate, such as adopting aspects of other acquisition

management systems of the Department of Transportation.

‘‘(p) AUTHORITY OF INSPECTOR GENERAL.—The Transportation

Security Administration shall be subject to the Inspector General

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

of the Inspector General of the Department of Transportation.

‘‘(q) LAW ENFORCEMENT POWERS.— ‘‘(1) IN GENERAL.—The Under Secretary may designate an

employee of the Transportation Security Administration to

serve as a law enforcement officer.

115 STAT. 602 PUBLIC LAW 107–71—NOV. 19, 2001

‘‘(2) POWERS.—While engaged in official duties of the

Administration as required to fulfill the responsibilities under

this section, a law enforcement officer designated under paragraph (1) may—

‘‘(A) carry a firearm;

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

against the United States committed in the presence of

the officer, or for any felony cognizable under the laws

of the United States if the officer has probable cause to

believe that the person to be arrested has committed or

is committing the felony; and

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

of evidence issued under the authority of the United States

upon probable cause that a violation has been committed.

‘‘(3) GUIDELINES ON EXERCISE OF AUTHORITY.—The

authority provided by this subsection shall be exercised in

accordance with guidelines prescribed by the Under Secretary,

in consultation with the Attorney General of the United States,

and shall include adherence to the Attorney General’s policy

on use of deadly force.

‘‘(4) REVOCATION OR SUSPENSION OF AUTHORITY.—The

powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Under

Secretary has not complied with the guidelines prescribed in

paragraph (3) and conveys the determination in writing to

the Secretary of Transportation and the Under Secretary.

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

an exemption from a regulation prescribed in carrying out this

section if the Under Secretary determines that the exemption is

in the public interest.’’.

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

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

‘‘114. Transportation Security Administration.’’.

(c) POSITION OF UNDER SECRETARY IN EXECUTIVE SCHEDULE.—

(1) IN GENERAL.—Section 5313 of title 5, United States

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

‘‘The Under Secretary of Transportation for Security.’’.

(2) BONUS ELIGIBILITY.—In addition to the annual rate

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

Code, the Under Secretary may receive a bonus for any calendar

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

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

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

United States Code, is amended to read as follows:

‘‘(A) IN GENERAL.—The Chief Operating Officer shall

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

by the Administrator, with the approval of the Air Traffic

Services Subcommittee of the Aviation Management

Advisory Council. The annual rate may not exceed the

annual compensation paid under section 102 of title 3.

The Chief Operating Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the

position of Chief Operating Officer were described in section

207(c)(2)(A)(i) of that title.’’.

5 USC 5313 note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 603

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

of section 106(m) of such title is amended by striking ‘‘supplies

and’’ and inserting ‘‘supplies, personnel, services, and’’.

(e) SECURITY AND RESEARCH AND DEVELOPMENT ACTIVITIES.—

Section 40119 of such title is amended—

(1) in subsection (a) by striking ‘‘Administrator of the Federal Aviation Administration’’ and inserting ‘‘Under Secretary

of Transportation for Security’’;

(2) in subsections (b) and (c) by striking ‘‘Administrator’’

each place it appears and inserting ‘‘Under Secretary’’; and

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

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

such title is amended—

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

and inserting ‘‘the Transportation Security Administration’’;

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

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

Security Administration’’;

(3) in section 44916(a)—

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

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

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

and inserting ‘‘Transportation Security Administration’’;

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

‘‘Assistant Administrator for Civil Aviation Security’’ and

inserting ‘‘Under Secretary’’;

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

(6) by striking sections 44931 and 44932 and the items

relating to such sections in the analysis for such chapter;

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

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

and inserting ‘‘Under Secretary’’;

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

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

(9) by striking ‘‘of the Federal Aviation Administration’’

each place it appears in such chapter (except in section 44936(f))

and inserting ‘‘of Transportation for Security’’.

(g) TRANSITION PROVISIONS.— (1) SCHEDULE FOR ASSUMPTION OF CIVIL AVIATION SECURITY

FUNCTIONS.—Not later than 3 months after the date of enactment of this Act, the Under Secretary of Transportation for

Security shall assume civil aviation security functions and

responsibilities under chapter 449 of title 49, United States

Code, as amended by this Act, in accordance with a schedule

to be developed by the Secretary of Transportation, in consultation with air carriers, foreign air carriers, and the Administrator of the Federal Aviation Administration. The Under Secretary shall publish an appropriate notice of the transfer of

such security functions and responsibilities before assuming

the functions and responsibilities.

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

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

and responsibilities of an air carrier or foreign air carrier

contract for provision of passenger screening services at airports

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

Notice.

Deadline.

49 USC 44901

note.

49 USC 44902–

44906, 44911–

44915, 44934–

44938.

49 USC 44903.

49 USC 44901–

44906, 44911–

44916, 44934–

44938.

115 STAT. 604 PUBLIC LAW 107–71—NOV. 19, 2001

payment of adequate compensation to parties to the contract,

if any.

(3) ASSIGNMENT OF CONTRACTS.—

(A) IN GENERAL.—Upon request of the Under Secretary,

an air carrier or foreign air carrier carrying out a screening

or security function under chapter 449 of title 49, United

States Code, may enter into an agreement with the Under

Secretary to transfer any contract the carrier has entered

into with respect to carrying out the function, before the

Under Secretary assumes responsibility for the function.

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

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

but not later than 90 days after the date of enactment

of this Act. The Under Secretary may enter into such

an agreement for one 180-day period and may extend such

agreement for one 90-day period if the Under Secretary

determines it necessary.

(4) TRANSFER OF OWNERSHIP.—In recognition of the

assumption of the financial costs of security screening of passengers and property at airports, and as soon as practical

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

into agreements with the Under Secretary to transfer the

ownership, at no cost to the United States Government, of

any personal property, equipment, supplies, or other material

associated with such screening, regardless of the source of

funds used to acquire the property, that the Secretary determines to be useful for the performance of security screening

of passengers and property at airports.

(5) PERFORMANCE OF UNDER SECRETARY’S FUNCTIONS

DURING INTERIM PERIOD.—Until the Under Secretary takes

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

SEC. 102. TRANSPORTATION SECURITY OVERSIGHT BOARD.

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

is amended by adding at the end the following:

‘‘§ 115. Transportation Security Oversight Board

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

Transportation a board to be known as the ‘Transportation Security

Oversight Board’.

‘‘(b) MEMBERSHIP.— ‘‘(1) NUMBER AND APPOINTMENT.—The Board shall be composed of 7 members as follows: ‘‘(A) The Secretary of Transportation, or the Secretary’s

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

designee.

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

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

designee.

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

or the Director’s designee.

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

Establishment.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 605

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

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

be the Secretary of Transportation.

‘‘(c) DUTIES.—The Board shall— ‘‘(1) review and ratify or disapprove any regulation or security directive issued by the Under Secretary of Transportation

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

date of issuance of such regulation or directive; ‘‘(2) facilitate the coordination of intelligence, security, and

law enforcement activities affecting transportation; ‘‘(3) facilitate the sharing of intelligence, security, and law

enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate; ‘‘(4) explore the technical feasibility of developing a common

database of individuals who may pose a threat to transportation

or national security; ‘‘(5) review plans for transportation security;

‘‘(6) make recommendations to the Under Secretary

regarding matters reviewed under paragraph (5).

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

quarterly.

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

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

public, except that meetings shall be closed to the public whenever

classified, sensitive security information, or information protected

in accordance with section 40119(b), will be discussed.’’.

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

is amended by striking ‘‘international’’.

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

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

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

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

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

SEC. 103. FEDERAL SECURITY MANAGERS.

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

to read as follows:

‘‘§ 44933. Federal Security Managers

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

Under Secretary of Transportation for Security shall establish the

position of Federal Security Manager at each airport in the United

States described in section 44903(c). The Under Secretary shall

designate individuals as Managers for, and station those Managers

at, those airports.

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

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

the airport; and

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

SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

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

49 USC 44903

note.

115 STAT. 606 PUBLIC LAW 107–71—NOV. 19, 2001

(1) issue an order (without regard to the provisions of

chapter 5 of title 5, United States Code)—

(A) prohibiting access to the flight deck of aircraft

engaged in passenger air transportation or intrastate air

transportation that are required to have a door between

the passenger and pilot compartments under title 14, Code

of Federal Regulations, except to authorized persons;

(B) requiring the strengthening of the flight deck door

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

door in a bulkhead between the flight deck and the passenger area to ensure that the door cannot be forced open

from the passenger compartment;

(C) requiring that such flight deck doors remain locked

while any such aircraft is in flight except when necessary

to permit access and egress by authorized persons; and

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

flight deck door by any member of the flight crew who

is not assigned to the flight deck; and

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

and security procedures and flight deck redesign, as may be

necessary to ensure the safety and security of the aircraft.

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

after such date of enactment, the Administrator of the Federal

Aviation Administration may develop and implement methods—

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

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

use of such monitors or devices shall be subject to nondisclosure

requirements applicable to cockpit video recordings under section 1114(c);

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

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

can notify flight deck crews of security breaches and other

emergencies, including providing for the installation of switches

or other devices or methods in an aircraft cabin to enable

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

security breach occurring in the cabin.

(c) COMMUTER AIRCRAFT.—The Administrator shall investigate

means of securing the flight deck of scheduled passenger aircraft

operating in air transportation or intrastate air transportation that

do not have a rigid fixed door with a lock between the passenger

compartment and the flight deck and issue such an order as the

Administrator deems appropriate to ensure the inaccessibility, to

the greatest extent feasible, of the flight deck while the aircraft

is so operating, taking into consideration such aircraft operating

in regions where there is minimal threat to aviation security or

national security.

SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

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

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

‘‘§ 44917. Deployment of Federal air marshals

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

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

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 607

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

on every passenger flight of air carriers in air transportation

or intrastate air transportation;

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

on every such flight determined by the Secretary to present

high security risks;

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

equipment of Federal air marshals;

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

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

on any such flight without regard to the availability of seats

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

or the marshal;

‘‘(5) may require air carriers to provide, on a space-available

basis, to an off-duty Federal air marshal a seat on a flight

to the airport nearest the marshal’s home at no cost to the

marshal or the United States Government if the marshal is

traveling to that airport after completing his or her security

duties;

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

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

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

assist Federal air marshals;

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

marshals are made aware of any armed or unarmed law

enforcement personnel on board an aircraft; and

‘‘(8) may appoint—

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

officer;

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

Armed Forces; and

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

air carrier crew position in the 1-year period beginning

on September 11, 2001,

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

otherwise meets the background and fitness qualifications

required for Federal air marshals.

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

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

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

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

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

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

departments, on a nonreimbursable basis, to provide air marshal

service.’’.

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

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

44916 the following:

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

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

States Code, is amended to read as follows: ‘‘(E) availability pay— ‘‘(i) received by a criminal investigator under section 5545a of this title; or

115 STAT. 608 PUBLIC LAW 107–71—NOV. 19, 2001

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

subject to all restrictions and earning limitations

imposed on criminal investigators under section

5545a;’’.

SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.

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

is amended by adding at the end the following:

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

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

with the airport operator and law enforcement authorities,

may order the deployment of such personnel at any secure

area of the airport as necessary to counter the risk of criminal

violence, the risk of aircraft piracy at the airport, the risk

to air carrier aircraft operations at the airport, or to meet

national security concerns.

‘‘(2) SECURITY OF AIRCRAFT AND GROUND ACCESS TO SECURE

AREAS.—In determining where to deploy such personnel, the

Under Secretary shall consider the physical security needs of

air traffic control facilities, parked aircraft, aircraft servicing

equipment, aircraft supplies (including fuel), automobile

parking facilities within airport perimeters or adjacent to

secured facilities, and access and transition areas at airports

served by other means of ground or water transportation.

‘‘(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PERSONNEL.—The Secretary may enter into a memorandum of

understanding or other agreement with the Attorney General

or the head of any other appropriate Federal law enforcement

agency to deploy Federal law enforcement personnel at an

airport in order to meet aviation safety and security concerns.

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

Secretary—

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

date of enactment of this subsection, screening or inspection

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

the United States described in section 44903(c);

‘‘(B) shall prescribe specific requirements for such

screening and inspection that will assure at least the same

level of protection as will result from screening of passengers and their baggage;

‘‘(C) shall establish procedures to ensure the safety

and integrity of—

‘‘(i) all persons providing services with respect to

aircraft providing passenger air transportation or

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

section 44903(c);

‘‘(ii) all supplies, including catering and passenger

amenities, placed aboard such aircraft, including the

sealing of supplies to ensure easy visual detection of

tampering; and

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

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

airfield and aircraft to develop security programs; and

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 609

‘‘(E) may provide for the use of biometric or other

technology that positively verifies the identity of each

employee and law enforcement officer who enters a secure

area of an airport.’’.

(b) SMALL AND MEDIUM AIRPORTS.—

(1) TECHNICAL SUPPORT AND FINANCIAL ASSISTANCE.—The

Under Secretary of Transportation for Security shall develop

a plan to—

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

had less than 1 percent of the total annual enplanements

in the United States for the most recent calendar year

for which data is available, to enhance security operations;

and

(B) provide financial assistance to those airports to

defray the costs of enhancing security.

(2) REMOVAL OF CERTAIN RESTRICTIONS.—

(A) CERTIFICATION BY OPERATOR.—If the operator of

an airport described in paragraph (1), after consultation

with the appropriate State and local law enforcement

authorities, determines that safeguards are in place to

sufficiently protect public safety, and so certifies in writing

to the Under Secretary, then any security rule, order, or

other directive restricting the parking of passenger vehicles

shall not apply at that airport after the applicable time

period specified in subparagraph (B), unless the Under

Secretary, taking into account individual airport circumstances, notifies the airport operator that the safeguards in place do not adequately respond to specific security risks and that the restriction must be continued in

order to ensure public safety.

(B) COUNTERMAND PERIOD.—The time period within

which the Secretary may notify an airport operator, after

receiving a certification under subparagraph (A), that a

restriction must be continued in order to ensure public

safety at the airport is—

(i) 15 days for a nonhub airport (as defined in

section 41714(h) of title 49, United States Code);

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

in such section);

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

in such section); and

(iv) 120 days for an airport that had at least 1

percent of the total annual enplanements in the United

States for the most recent calendar year for which

data is available.

(c) IMPROVEMENT OF SECURED-AREA ACCESS CONTROL.—Section

44903(g)(2) of title 49, United States Code, is amended— (1) by striking ‘‘weaknesses by January 31, 2001;’’ in

subparagraph (A) and inserting ‘‘weaknesses;’’;

(2) by striking subparagraph (D) and inserting the following:

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

with access control requirements, report annually findings

of the assessments, and assess the effectiveness of penalties

in ensuring compliance with security procedures and take

any other appropriate enforcement actions when noncompliance is found;’’;

49 USC 44903

note.

115 STAT. 610 PUBLIC LAW 107–71—NOV. 19, 2001

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

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

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

control points in secured areas (including air traffic control

operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery

areas) to ensure the security of passengers and aircraft

and consider the deployment of biometric or similar technologies that identify individuals based on unique personal

characteristics.’’.

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

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

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

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

new and emerging technology for providing access control and

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.’’. (e) AIRPORT SECURITY AWARENESS PROGRAMS.—The Under Secretary of Transportation for Security shall require scheduled passenger air carriers, and airports in the United States described

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

airport employees, ground crews, gate, ticket, and curbside agents

of the air carriers, and other individuals employed at such airports.

SEC. 107. CREW TRAINING.

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

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

‘‘§ 44918. Crew training

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

enactment of the Aviation and Transportation Security Act, the

Administrator of the Federal Aviation Administration, in consultation with the Under Secretary of Transportation for Security, appropriate law enforcement, security, and terrorism experts, representatives of air carriers and labor organizations representing individuals

employed in commercial aviation, shall develop detailed guidance

for a scheduled passenger air carrier flight and cabin crew training

program to prepare crew members for potential threat conditions.

‘‘(b) PROGRAM ELEMENTS.—The guidance shall require such

a program to include, at a minimum, elements that address the

following:‘‘(1) Determination of the seriousness of any occurrence.

‘‘(2) Crew communication and coordination.

‘‘(3) Appropriate responses to defend oneself.

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

(to the extent such devices are required by the Administrator

or Under Secretary).

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

and passenger responses.

‘‘(6) Live situational training exercises regarding various

threat conditions.

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

the aircraft.

Deadline.

49 USC 44903

note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 611

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

Administrator.

‘‘(c) AIR CARRIER PROGRAMS.—Within 60 days after the

Administrator issues the guidance under subsection (a) in final

form, each air carrier shall develop a flight and cabin crew training

program in accordance with that guidance and submit it to the

Administrator for approval. Within 30 days after receiving an air

carrier’s program under this subsection, the Administrator shall

review the program and approve it or require the air carrier to

make any revisions deemed necessary by the Administrator for

the program to meet the guidance requirements. ‘‘(d) TRAINING.—Within 180 days after the Administrator

approves the training program developed by an air carrier under

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

and cabin crews in accordance with that program. ‘‘(e) UPDATES.—The Administrator shall update the training

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

new or different security threats and require air carriers to revise

their programs accordingly and provide additional training to their

flight and cabin crews.’’. (b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 449 of title 49, United States Code, is amended by inserting

after the item relating to section 44917 the following:

‘‘44918. Crew training.’’.

SEC. 108. SECURITY SCREENING BY PRIVATE COMPANIES.

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

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

‘‘§ 44919. Security screening pilot program

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

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

carried out by the screening personnel of a qualified private

screening company under a contract entered into with the Under

Secretary.

‘‘(b) PERIOD OF PILOT PROGRAM.—The pilot program under this

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

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

day of the 3-year period beginning on such date of enactment.

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

the Under Secretary an application to participate in the pilot program under this section.

‘‘(d) SELECTION OF AIRPORTS.—From among applications submitted under subsection (c), the Under Secretary may select for

participation in the pilot program not more than 1 airport from

each of the 5 airport security risk categories, as defined by the

Under Secretary.

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

all screening at each airport participating in the pilot program

under this section and provide Federal Government law enforcement

officers at the airport pursuant to this chapter.

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

screening company is qualified to provide screening services at

an airport participating in the pilot program under this section

Deadline.

Deadline.

115 STAT. 612 PUBLIC LAW 107–71—NOV. 19, 2001

if the company will only employ individuals to provide such services

who meet all the requirements of this chapter applicable to Federal

Government personnel who perform screening services at airports

under this chapter and will provide compensation and other benefits

to such individuals that are not less than the level of compensation

and other benefits provided to such Federal Government personnel

in accordance with this chapter.

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

Under Secretary may enter into a contract with a private screening

company to provide screening at an airport participating in the

pilot program under this section only if the Under Secretary determines and certifies to Congress that the private screening company

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

extent that the Under Secretary determines that there are private

screening companies owned and controlled by such citizens. ‘‘(h) TERMINATION OF CONTRACTS.—The Under Secretary may

terminate any contract entered into with a private screening company to provide screening services at an airport under the pilot

program if the Under Secretary finds that the company has failed

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

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

to provide such services or to the provision of screening at the

airport. ‘‘(i) ELECTION.—If a contract is in effect with respect to

screening at an airport under the pilot program on the last day

of the 3-year period beginning on the date of enactment of this

section, the operator of the airport may elect to continue to have

such screening carried out by the screening personnel of a qualified

private screening company under a contract entered into with the

Under Secretary under section 44920 or by Federal Government

personnel in accordance with this chapter.

‘‘§ 44920. Security screening opt-out program

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

beginning on the date on which the Under Secretary transmits

to Congress the certification required by section 110(c) of the Aviation and Transportation Security Act, an operator of an airport

may submit to the Under Secretary an application to have the

screening of passengers and property at the airport under section

44901 to be carried out by the screening personnel of a qualified

private screening company under a contract entered into with the

Under Secretary.

‘‘(b) APPROVAL OF APPLICATIONS.—The Under Secretary may

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

screening company is qualified to provide screening services at

an airport under this section if the company will only employ

individuals to provide such services who meet all the requirements

of this chapter applicable to Federal Government personnel who

perform screening services at airports under this chapter and will

provide compensation and other benefits to such individuals that

are not less than the level of compensation and other benefits

provided to such Federal Government personnel in accordance with

this chapter.

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

Under Secretary may enter into a contract with a private screening

company to provide screening at an airport under this section

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 613

only if the Under Secretary determines and certifies to Congress

that— ‘‘(1) the level of screening services and protection provided

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

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

Government personnel under this chapter; and

‘‘(2) the private screening company is owned and controlled

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

Secretary determines that there are private screening companies owned and controlled by such citizens.

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

all screening at each airport at which screening services are provided under this section and provide Federal Government law

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

terminate any contract entered into with a private screening company to provide screening services at an airport under this section

if the Under Secretary finds that the company has failed repeatedly

to comply with any standard, regulation, directive, order, law, or

contract applicable to the hiring or training of personnel to provide

such services or to the provision of screening at the airport.’’. (b) CLERICAL AMENDMENT.—The analysis for such subchapter

is amended by adding after the item relating to section 44918

the following:

‘‘44919. Security screening pilot program.

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

SEC. 109. ENHANCED SECURITY MEASURES.

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

Security may take the following actions:

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

(2) Establish a uniform system of identification for all

State and local law enforcement personnel for use in obtaining

permission to carry weapons in aircraft cabins and in obtaining

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

to carry such weapons.

(3) Establish requirements to implement trusted passenger

programs and use available technologies to expedite the security

screening of passengers who participate in such programs,

thereby allowing security screening personnel to focus on those

passengers who should be subject to more extensive screening.

(4) In consultation with the Commissioner of the Food

and Drug Administration, develop alternative security procedures under which a medical product to be transported on

a flight of an air carrier would not be subject to an inspection

that would irreversibly damage the product.

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

and wire line data technologies, to enable the private and

secure communication of threats to aid in the screening of

passengers and other individuals on airport property who are

identified on any State or Federal security-related data base

for the purpose of having an integrated response coordination

of various authorized airport security forces.

(6) In consultation with the Administrator of the Federal

Aviation Administration, consider whether to require all pilot

49 USC 114 note.

115 STAT. 614 PUBLIC LAW 107–71—NOV. 19, 2001

licenses to incorporate a photograph of the license holder and

appropriate biometric imprints.

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

or other technologies to prevent a person who might pose a

danger to air safety or security from boarding the aircraft

of an air carrier or foreign air carrier in air transportation

or intrastate air transportation.

(8) Provide for the use of technology that will permit

enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.

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

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

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

a report on the progress of the Under Secretary in evaluating

and taking such actions, including any legislative recommendations

that the Under Secretary may have for enhancing transportation

security.

SEC. 110. SCREENING.

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

amended—

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

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

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

‘‘passengers;’’; and

(4) by adding at the end the following:

‘‘(6) to strengthen and enhance the ability to detect or

neutralize nonexplosive weapons, such as biological, chemical,

or similar substances; and

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

cargo.’’.

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

United States Code, is amended—

(1) by redesignating subsection (c) as subsection (h); and

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

following:

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

Security shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked

baggage, and other articles, that will be carried aboard a passenger

aircraft operated by an air carrier or foreign air carrier in air

transportation or intrastate air transportation. In the case of flights

and flight segments originating in the United States, the screening

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

Federal Government employee (as defined in section 2105 of title

5, United States Code), except as otherwise provided in section

44919 or 44920 and except for identifying passengers and baggage

for screening under the CAPPS and known shipper programs and

conducting positive bag-match programs.

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

and property at airports in the United States where screening

is required under this section shall be supervised by uniformed

Federal personnel of the Transportation Security Administration

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PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 615

who shall have the power to order the dismissal of any individual

performing such screening.

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

screen all checked baggage at all airports in the United States

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

the date of enactment of the Aviation and Transportation Security

Act.

‘‘(d) EXPLOSIVE DETECTION SYSTEMS.—

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

for Security shall take all necessary action to ensure that—

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

as possible to ensure that all United States airports

described in section 44903(c) have sufficient explosive

detection systems to screen all checked baggage no later

than December 31, 2002, and that as soon as such systems

are in place at an airport, all checked baggage at the

airport is screened by those systems; and

‘‘(B) all systems deployed under subparagraph (A) are

fully utilized; and

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

is unavailable, all checked baggage is screened by an alternative means.

‘‘(e) MANDATORY SCREENING WHERE EDS NOT YET AVAIL- ABLE.—As soon as practicable but not later than the 60th day

following the date of enactment of the Aviation and Transportation

Security Act and until the requirements of subsection (b)(1)(A)

are met, the Under Secretary shall require alternative means for

screening any piece of checked baggage that is not screened by

an explosive detection system. Such alternative means may include

1 or more of the following:

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

baggage is placed aboard an aircraft unless the passenger who

checked the baggage is aboard the aircraft.

‘‘(2) Manual search.

‘‘(3) Search by canine explosive detection units in combination with other means.

‘‘(4) Other means or technology approved by the Under

Secretary.

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

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

be transported in all-cargo aircraft in air transportation and intrastate air transportation as soon as practicable after the date of

enactment of the Aviation and Transportation Security Act.

‘‘(g) DEPLOYMENT OF ARMED PERSONNEL.— ‘‘(1) IN GENERAL.—The Under Secretary shall order the

deployment of law enforcement personnel authorized to carry

firearms at each airport security screening location to ensure

passenger safety and national security.

‘‘(2) MINIMUM REQUIREMENTS.—Except at airports required

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

officer at each airport security screening location. At the 100

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

which data are available, the Under Secretary shall order the

deployment of additional law enforcement personnel at airport

security screening locations if the Under Secretary determines

Deadline.

Deadline.

115 STAT. 616 PUBLIC LAW 107–71—NOV. 19, 2001

that the additional deployment is necessary to ensure passenger

safety and national security.’’.

(c) DEADLINE FOR DEPLOYMENT OF FEDERAL SCREENERS.—

(1) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Under Secretary of Transportation

for Security shall deploy at all airports in the United States

where screening is required under section 44901 of title 49,

United States Code, a sufficient number of Federal screeners,

Federal Security Managers, Federal security personnel, and

Federal law enforcement officers to conduct the screening of

all passengers and property under section 44901 of such title

at such airports.

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

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

shall transmit to Congress a certification that the requirement

of paragraph (1) has been met.

(d) REPORTS.—

(1) DEPLOYMENT.—Within 6 months after the date of enactment of this Act, the Under Secretary of Transportation for

Security shall report to the Committee on Commerce, Science,

and Transportation of the Senate and to the Committee on

Transportation and Infrastructure of the House of Representatives on the deployment of the systems required by section

44901(c) of title 49, United States Code. The Under Secretary

shall include in the report—

(A) an installation schedule;

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

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

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

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

Transportation for Security shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate

and Committee on Transportation and Infrastructure of the

House of Representatives on the screening requirements

applicable to passengers boarding, and property being carried

aboard, aircraft with 60 seats or less used in scheduled passenger service with recommendations for any necessary changes

in those requirements.

SEC. 111. TRAINING AND EMPLOYMENT OF SECURITY SCREENING

PERSONNEL.

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

is amended—

(1) by redesignating subsection (f) as subsection (i); and

(2) by striking subsection (e) and inserting the following:

‘‘(e) SECURITY SCREENERS.—

‘‘(1) TRAINING PROGRAM.—The Under Secretary of

Transportation for Security shall establish a program for the

hiring and training of security screening personnel.

‘‘(2) HIRING.—

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

of enactment of the Aviation and Transportation Security

Act, the Under Secretary shall establish qualification

standards for individuals to be hired by the United States

as security screening personnel. Notwithstanding any

Deadline.

Deadline.

Deadline.

49 USC 44901

note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 617

provision of law, those standards shall require, at a minimum, an individual—

‘‘(i) to have a satisfactory or better score on a

Federal security screening personnel selection examination;

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

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

set forth in subsection (f);

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

Secretary may establish; and

‘‘(v) to have the ability to demonstrate daily a

fitness for duty without any impairment due to illegal

drugs, sleep deprivation, medication, or alcohol.

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

require that an individual to be hired as a security screener

undergo an employment investigation (including a criminal

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

‘‘(C) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT

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

that no individual who presents a threat to national security is employed as a security screener.

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

Secretary shall develop a security screening personnel examination for use in determining the qualification of individuals

seeking employment as security screening personnel. The

Under Secretary shall also review, and revise as necessary,

any standard, rule, or regulation governing the employment

of individuals as security screening personnel.

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

‘‘(1) SCREENER REQUIREMENTS.—Notwithstanding any

provision of law, an individual may not be deployed as a security screener unless that individual meets the following requirements:

‘‘(A) The individual shall possess a high school diploma,

a general equivalency diploma, or experience that the

Under Secretary has determined to be sufficient for the

individual to perform the duties of the position.

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

physical abilities, including color perception, visual and

aural acuity, physical coordination, and motor skills, to

the following standards:

‘‘(i) Screeners operating screening equipment shall

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

Under Secretary.

‘‘(ii) Screeners operating any screening equipment

shall be able to distinguish each color displayed on

every type of screening equipment and explain what

each color signifies.

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

to the spoken voice and to audible alarms generated

by screening equipment in an active checkpoint

environment.

115 STAT. 618 PUBLIC LAW 107–71—NOV. 19, 2001

‘‘(iv) Screeners performing physical searches or

other related operations shall be able to efficiently

and thoroughly manipulate and handle such baggage,

containers, and other objects subject to security processing.

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

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

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

write English well enough to—

‘‘(i) carry out written and oral instructions

regarding the proper performance of screening duties;

‘‘(ii) read English language identification media,

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

‘‘(iii) provide direction to and understand and

answer questions from English-speaking individuals

undergoing screening; and

‘‘(iv) write incident reports and statements and

log entries into security records in the English language.

‘‘(D) The individual shall have satisfactorily completed

all initial, recurrent, and appropriate specialized training

required by the security program, except as provided in

paragraph (3).

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

provide a preference for the hiring of an individual as a security

screener if the individual is a member or former member of

the armed forces and if the individual is entitled, under statute,

to retired, retirement, or retainer pay on account of service

as a member of the armed forces.

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

the training required by this section may be deployed during

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

individual—

‘‘(A) is closely supervised; and

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

whether individuals or property may enter a sterile area

or aircraft without further inspection.

‘‘(4) REMEDIAL TRAINING.—No individual employed as a

security screener may perform a screening function after that

individual has failed an operational test related to that function

until that individual has successfully completed the remedial

training specified in the security program.

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

shall provide that an annual evaluation of each individual

assigned screening duties is conducted and documented. An

individual employed as a security screener may not continue

to be employed in that capacity unless the evaluation demonstrates that the individual—

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

required to perform a screening function;

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

in the security program; and

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 619

‘‘(C) demonstrates the current knowledge and skills

necessary to courteously, vigilantly, and effectively perform

screening functions.

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

‘‘(g) TRAINING.—

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

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.—Within 60 days after the date of

enactment of the Aviation and Transportation Security Act,

the Under Secretary shall develop a plan for the training of

security screening personnel. The plan shall require, at a minimum, that a security screener—

‘‘(A) has completed 40 hours of classroom instruction

or successfully completed a program that the Under Secretary determines will train individuals to a level of proficiency equivalent to the level that would be achieved

by such classroom instruction;

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

and

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

examination prescribed by the Under Secretary.

‘‘(3) EQUIPMENT-SPECIFIC TRAINING.—An individual

employed as a security screener may not use any security

screening device or equipment in the scope of that individual’s

employment unless the individual has been trained on that

device or equipment and has successfully completed a test

on the use of the device or equipment.

‘‘(h) TECHNOLOGICAL TRAINING.—

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

training to ensure that screeners are proficient in using the

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

in recognizing new threats and weapons.

‘‘(2) PERIODIC ASSESSMENTS.—The Under Secretary shall

make periodic assessments to determine if there are dual use

items and inform security screening personnel of the existence

of such items.

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

of dual use items shall be part of the ongoing training for

screeners.

‘‘(4) DUAL USE DEFINED.—For purposes of this subsection,

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

but that may be used as a weapon.

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

screens passengers or property, or both, at an airport under this

section may not participate in a strike, or assert the right to

strike, against the person (including a governmental entity)

employing such individual to perform such screening.

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

Deadline.

115 STAT. 620 PUBLIC LAW 107–71—NOV. 19, 2001

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

Under Secretary.’’.

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

United States Code, is amended—

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

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

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

(c) TRANSITION.—The Under Secretary of Transportation for

Security shall complete the full implementation of section 44935

(e), (f), (g), and (h) of title 49, United States Code, as amended

by subsection (a), as soon as is practicable. The Under Secretary

may make or continue such arrangements for the training of security screeners under that section as the Under Secretary determines

necessary pending full implementation of that section as so

amended.

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

may employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for

such a number of individuals as the Under Secretary determines

to be necessary to carry out the screening functions of the Under

Secretary under section 44901 of title 49, United States Code.

The Under Secretary shall establish levels of compensation and

other benefits for individuals so employed.

SEC. 112. RESEARCH AND DEVELOPMENT.

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

Code, is amended—

(1) by striking ‘‘complete an intensive review of’’ and

inserting ‘‘periodically review’’;

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

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

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

transportation;’’; and

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

subparagraph (C) the following:

‘‘(D) the potential release of chemical, biological, or

similar weapons or devices either within an aircraft or

within an airport;’’.

(b) ADDITIONAL MATTERS REGARDING RESEARCH AND DEVELOP- MENT.— (1) ADDITIONAL PROGRAM REQUIREMENTS.—Subsection (a)

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

and

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

paragraph (4):

‘‘(4)(A) In carrying out the program established under this

subsection, the Administrator shall designate an individual to be

responsible for engineering, research, and development with respect

to security technology under the program.

‘‘(B) The individual designated under subparagraph (A) shall

use appropriate systems engineering and risk management models

in making decisions regarding the allocation of funds for

engineering, research, and development with respect to security

technology under the program.

49 USC 44935

note.

49 USC 44935

note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 621

‘‘(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 further amended—

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

as subparagraphs (B) through (H) respectively; and

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

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

roadmaps) of the civil aviation system, including—

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

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

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

by cyber attack;’’.

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

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

establish a scientific advisory panel, as a subcommittee of the

Research, Engineering, and Development Advisory Committee, to

review, comment on, advise the progress of, and recommend modifications in, the program established under subsection (a) of this

section, including the need for long-range research programs to

detect and prevent catastrophic damage to commercial aircraft,

commercial aviation facilities, commercial aviation personnel and

passengers, and other components of the commercial aviation

system by the next generation of terrorist weapons.

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

have scientific and technical expertise in—

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

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

the type and minimum weights of explosives that an effective

explosive detection technology must be capable of detecting;

‘‘(iii) technologies involved in minimizing airframe damage

to aircraft from explosives; and

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

considers appropriate.

‘‘(B) In appointing individuals to the advisory panel, the

Administrator should consider individuals from academia and the

national laboratories, as appropriate.

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

teams capable of undertaking the review of policies and technologies

upon request.

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

of the Aviation and Transportation Security Act, and every two

Deadline.

Establishment.

Reports.

115 STAT. 622 PUBLIC LAW 107–71—NOV. 19, 2001

years thereafter, the Administrator shall review the composition

of the advisory panel in order to ensure that the expertise of

the individuals on the panel is suited to the current and anticipated

duties of the panel.’’.

SEC. 113. FLIGHT SCHOOL SECURITY.

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

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

new section:

‘‘§ 44939. Training to operate certain aircraft

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

this part may provide training in the operation of any aircraft

having a maximum certificated takeoff weight of 12,500 pounds

or more to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other

individual specified by the Under Secretary of Transportation for

Security only if—

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

that the individual has requested such training and furnished

the Attorney General with that individual’s identification in

such form as the Attorney General may require; and

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

after being notified under paragraph (1), that person not to

provide the requested training because the Attorney General

has determined that the individual presents a risk to aviation

or national security.

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

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

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

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

the Attorney General shall immediately notify the person providing

the training of the determination and that person shall immediately

terminate the training.

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

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

any other form or aspect of training.

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

Under Secretary shall require flight schools to conduct a security

awareness program for flight school employees to increase their

awareness of suspicious circumstances and activities of individuals

enrolling in or attending flight school.’’.

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

new item:

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

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

the International Civil Aviation Organization and the civil aviation

authorities of other countries to improve international aviation

security through screening programs for flight instruction candidates.

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

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

49 USC 44939

note.

49 USC 44939

note.

Deadline.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 623

SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY PERSONNEL.

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

is amended by inserting after section 46502 the following:

‘‘§ 46503. Interference with security screening personnel

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

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

air carrier employee who has security duties within the airport,

interferes with the performance of the duties of the employee or

lessens the ability of the employee to perform those duties, shall

be fined under title 18, imprisoned for not more than 10 years,

or both. If the individual used a dangerous weapon in committing

the assault or interference, the individual may be imprisoned for

any term of years or life imprisonment.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 465 of such title is amended by inserting after the item

relating to section 46502 the following:

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

SEC. 115. PASSENGER MANIFESTS.

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

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

STATES.—

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

of enactment of the Aviation and Transportation Security Act,

each air carrier and foreign air carrier operating a passenger

flight in foreign air transportation to the United States shall

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

passenger information system established under section 431

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

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

flight required under paragraph (1) shall contain the following

information:

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

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

and crew member.

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

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

of each passenger and crew member if required for travel.

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

card number of each passenger and crew member, as

applicable.

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

in consultation with the Commissioner of Customs, determines is reasonably necessary to ensure aviation safety.

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

passenger name record information available to the Customs

Service upon request.

‘‘(4) TRANSMISSION OF MANIFEST.—Subject to paragraph (5),

a passenger and crew manifest required for a flight under

paragraph (1) shall be transmitted to the Customs Service

in advance of the aircraft landing in the United States in

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

Deadline.

49 USC 44909.

115 STAT. 624 PUBLIC LAW 107–71—NOV. 19, 2001

‘‘(5) TRANSMISSION OF MANIFESTS TO OTHER FEDERAL AGEN- CIES.—Upon request, information provided to the Under Secretary or the Customs Service under this subsection may be

shared with other Federal agencies for the purpose of protecting

national security.’’.

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.

(f) REPORTS.—If the Secretary approves any such agreement,

request, modification, or cancellation under this section and grants

an exemption, the Secretary shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives within 6 months describing what actions

have been taken by the air carriers to which the exemption was

granted. The Secretary shall also notify those committees if the

Secretary extends the termination date under subsection (e).

SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

In order to ensure that all airline computer reservation systems

maintained by United States air carriers are secure from unauthorized access by persons seeking information on reservations, passenger manifests, or other nonpublic 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.

49 USC 44903

note.

49 USC 41309

note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 625

SEC. 118. SECURITY SERVICE FEE.

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

by adding at the end the following:

‘‘§ 44940. Security service fee

‘‘(a) GENERAL AUTHORITY.—

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

of air carriers and foreign air carriers in air transportation

and intrastate air transportation originating at airports in the

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

aviation security services:

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

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

at airport security screening locations under section 44901.

‘‘(B) The costs of training personnel described in

subparagraph (A), and the acquisition, operation, and

maintenance of equipment used by such personnel.

‘‘(C) The costs of performing background investigations

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

(G).

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

‘‘(E) The costs of performing civil aviation security

research and development under this title.

‘‘(F) The costs of Federal Security Managers under

section 44903.

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

personnel pursuant to section 44903(h).

The amount of such costs shall be determined by the Under

Secretary and shall not be subject to judicial review.

‘‘(2) AIR CARRIER FEES.—

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

Under Secretary estimates that such fee will be insufficient

to pay for the costs of providing civil aviation security

services described in paragraph (1), the Under Secretary

may impose a fee on air carriers and foreign air carriers

engaged in air transportation and intrastate air transportation to pay for the difference between any such costs

and the amount collected from such fee, as estimated by

the Under Secretary at the beginning of each fiscal year.

The estimates of the Under Secretary under this subparagraph are not subject to judicial review.

‘‘(B) LIMITATIONS.—

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

under this paragraph for each fiscal year may not

exceed, in the aggregate, the amounts paid in calendar

year 2000 by carriers described in subparagraph (A)

for screening passengers and property, as determined

by the Under Secretary.

‘‘(ii) PER-CARRIER LIMIT.—The amount of fees collected under this paragraph from an air carrier

described in subparagraph (A) for each of fiscal years

2002, 2003, and 2004 may not exceed the amount

paid in calendar year 2000 by that carrier for screening

49 USC 44940

note.

115 STAT. 626 PUBLIC LAW 107–71—NOV. 19, 2001

passengers and property, as determined by the Under

Secretary.

‘‘(iii) ADJUSTMENT OF PER-CARRIER LIMIT.—For

fiscal year 2005 and subsequent fiscal years, the percarrier limitation under clause (ii) may be determined

by the Under Secretary on the basis of market share

or any other appropriate measure in lieu of actual

screening costs in calendar year 2000.

‘‘(iv) FINALITY OF DETERMINATIONS.—Determinations of the Under Secretary under this subparagraph

are not subject to judicial review.

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

of fees collected under this paragraph from any carrier

for fiscal year 2002 may not exceed the amounts paid

by that carrier for screening passengers and property for

a period of time in calendar year 2000 proportionate to

the period of time in fiscal year 2002 during which fees

are collected under this paragraph.

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

(a), the Under Secretary shall ensure that the fees are reasonably

related to the Transportation Security Administration’s costs of

providing services rendered. ‘‘(c) LIMITATION ON FEE.—Fees imposed under subsection (a)(1) may not exceed $2.50 per enplanement in air transportation or

intrastate air transportation that originates at an airport in the

United States, except that the total amount of such fees may

not exceed $5.00 per one-way trip.

‘‘(d) IMPOSITION OF FEE.—

‘‘(1) IN GENERAL.—Notwithstanding section 9701 of title

31 and the procedural requirements of section 553 of title

5, the Under Secretary shall impose the fee under subsection

(a)(1), and may impose a fee under subsection (a)(2), through

the publication of notice of such fee in the Federal Register

and begin collection of the fee within 60 days of the date

of enactment of this Act, or as soon as possible thereafter.

‘‘(2) SPECIAL RULES PASSENGER FEES.—A fee imposed under

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

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

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

the procedures under subsection (d) on transportation of a

passenger of a carrier described in subsection (a)(1) is not

collected from the passenger, the amount of the fee shall be

paid by the carrier.

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

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

may modify, from time to time through publication of notice

in the Federal Register, the imposition or collection of such

fee, or both.

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

under this section except to the extent that the expenditure

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

the fee is imposed is provided for in advance in an appropriations Act.

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

and amounts collected under this section are payable to the

Under Secretary.

Federal Register,

publication.

Federal Register,

publication.

Deadline.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 627

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

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

air carrier that sells a ticket for transportation described in

subsection (a)(1).

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

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

month by the carrier collecting the fee. The amount to be

remitted shall be for the calendar month preceding the calendar

month in which the remittance is made. ‘‘(4) INFORMATION.—The Under Secretary may require the

provision of such information as the Under Secretary decides

is necessary to verify that fees have been collected and remitted

at the proper times and in the proper amounts. ‘‘(5) FEE NOT SUBJECT TO TAX.—For purposes of section

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

a fee imposed under this section shall not be considered to

be part of the amount paid for taxable transportation. ‘‘(6) COST OF COLLECTING FEE.—No portion of the fee collected under this section may be retained by the air carrier

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

remitting the fee except for interest accruing to the carrier

after collection and before remittance.

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

section—

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

that finances the activities and services for which the fee is

imposed;

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

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

and

‘‘(3) shall remain available until expended.

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

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

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

passenger fee imposed under subsection (a)(1) any passenger

enplaning at an airport in the United States that does not receive

screening services under section 44901 for that segment of the

trip for which the passenger does not receive screening.’’.

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

is amended by adding at the end the following:

‘‘44940. Security service fee.’’.

(c) SPECIFIC AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Part C of subtitle VII of title 49, United

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

‘‘CHAPTER 483—AVIATION SECURITY FUNDING

‘‘Sec.

‘‘48301. Aviation security funding.

‘‘§ 48301. Aviation security funding

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

for fiscal years 2002, 2003, 2004, and 2005 such sums as may

be necessary to carry out chapter 449 and related aviation security

activities under this title. Any amounts appropriated pursuant to

115 STAT. 628 PUBLIC LAW 107–71—NOV. 19, 2001

this section for fiscal year 2002 shall remain available until

expended.

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

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

of Transportation to make grants to or other agreements with

air carriers (including intrastate air carriers) to—

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

to the pilots in the cockpit;

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

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

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

in the event the crew faces an emergency; and

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

to enhance aircraft security.’’.

(2) CONFORMING AMENDMENT.—The subtitle analysis for

subtitle VII of title 49, United States Code, is amended by

inserting after the item relating to chapter 482 the following:

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

SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.

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

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

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

the following:

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

activity required by law or by the Secretary after September 11, 2001, and before October 1, 2002.

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

any activity, including operational activities, of an airport

that is not a primary airport if that airport is located

within the confines of enhanced class B airspace, as defined

by Notice to Airmen FDC 1/0618 issued by the Federal

Aviation Administration and the activity was carried out

when any restriction in the Notice is in effect.

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

on indebtedness incurred to carry out a project at an airport

owned or controlled by the sponsor or at a privately owned

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

that such payments are necessary to prevent a default

on the indebtedness.’’.

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

United States Code, is amended—

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

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

(C); and

(C) by adding at the end the following:

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

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

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

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

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

following:

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 629

‘‘(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 non-federal resources available to sponsor, the use of such

non-federal resources, and the degree to which the sponsor is providing increased funding for the project.’’.

(4) FEDERAL SHARE.—Section 47109(a) of title 49, United

States Code, is amended—

(A) by striking ‘‘and’’ in paragraph (3);

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

‘‘47134; and’’; and

(C) by adding at the end the following:

‘‘(5) for fiscal year 2002, 100 percent for a project described

in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).’’.

(5) AIRPORT DEVELOPMENT.—Section 47102(3)(B) of title 49,

United States Code, is amended—

(A) by striking ‘‘and’’ at the end of clause (viii);

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

and inserting ‘‘; and’’; and

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

clause:

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

reconfiguration of terminal baggage areas, that the

Secretary determines are necessary to install bulk

explosive detection devices.’’.

(b) APPORTIONED FUNDS.—For the purpose of carrying out section 47114 of title 49, United States Code, for fiscal year 2003,

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

during the prior calendar year, the greater of—

(1) the number of passenger boardings at that airport

during 2000; or

(2) the number of passenger boardings at that airport

during 2001.

(c) EXPEDITED PROCESSING OF SECURITY-RELATED PFC

REQUESTS.—The Administrator of the Federal Aviation Administration shall, to the extent feasible, expedite the processing and

approval of passenger facility fee requests under subchapter I of

chapter 471 of title 49, United States Code, for projects described

in section 47192(3)(J) of title 49, United States Code.

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

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

(2) by striking ‘‘Administration’s costs’’ and inserting

‘‘Administration’s costs, as determined by the Administrator,’’;

and

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

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

SEC. 120. CHEMICAL AND BIOLOGICAL WEAPON DETECTION.

Section 44903(c)(2)(C) of title 49, United States Code, is

amended to read as follows:

‘‘(C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL

WEAPON DETECTION EQUIPMENT.—The Secretary of

Transportation may require airports to maximize the use

of technology and equipment that is designed to detect

or neutralize potential chemical or biological weapons.’’.

49 USC 47114

note.

115 STAT. 630 PUBLIC LAW 107–71—NOV. 19, 2001

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

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

to the Secretary of Transportation for fiscal years 2002 and 2003

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

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

for direct costs incurred by such operators to comply with new,

additional, or revised security requirements imposed on such operators by the Federal Aviation Administration or Transportation Security Administration on or after September 11, 2001. Such sums

shall remain available until expended.

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

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

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

any cost for which the airport operator, on-airport parking lot,

or vendor of on-airfield direct services does not demonstrate to

the satisfaction of the Secretary, using sworn financial statements

or other appropriate data, that—

(1) the cost is eligible for reimbursement under subsection

(a); and

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

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

The Inspector General of the Department of Transportation and

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

such an audit.

(c) CLAIM PROCEDURE.—Within 30 days after the date of enactment of this Act, the Secretary, after consultation with airport

operators, on-airport parking lots, and vendors of on-airfield direct

services to air carriers, shall publish in the Federal Register the

procedures for filing claims for reimbursement under this section

of eligible costs incurred by airport operators.

SEC. 122. SENSE OF THE CONGRESS.

It is the sense of the Congress that—

(1) an airport receiving Federal financial assistance should

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

and foreign air carriers) to discuss adjustments of the rent

of the tenants to account for losses in revenue incurred by

the tenants on and after September 11, 2001;

(2) an air carrier that received financial assistance under

the Air Transportation Safety and System Stabilization Act

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

2001, should meet with airport operators to discuss payment

of applicable rates, charges, and fees; and

(3) the Federal Aviation Administration should maintain

its current restriction on carry-on baggage of 1 bag and 1

personal item.

SEC. 123. AIRPORT IMPROVEMENT PROGRAMS.

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

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

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

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

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

49 USC 47106.

Deadline.

49 USC 44903

note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 631

made, in fiscal year 2002 if the fee or grant is to be used

to improve security at a covered airport.’’. (b) CONFORMING AMENDMENT TO AIRPORT AND AIRWAY TRUST

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

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

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

SEC. 124. TECHNICAL CORRECTIONS.

(a) REPORT DEADLINE.—Section 106(a) of the Air Transportation

Safety and System Stabilization Act (Public Law 107–42) is

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

1, 2002’’. (b) INSURANCE AND REINSURANCE OF AIRCRAFT.—Section

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

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

or’’ before ‘‘to carry out foreign policy’’. (c) FEDERAL CREDIT INSTRUMENTS.—Section 102(c)(2)(A) of such

Act is amended by striking ‘‘representatives’’ and inserting ‘‘representations’’.

(d) MAXIMUM AMOUNT OF COMPENSATION PAYABLE PER AIR

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

end the following:

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

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

of the amount of compensation payable to air carriers under

section 101(a)(2) to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including

hospitals operating air ambulances) for whom the application

of a distribution formula containing available seat miles as

a factor would inadequately reflect their share of direct and

incremental losses. The President shall reduce the

$4,500,000,000 specified in subsection (b)(2)(A)(i) by the amount

set aside under this subsection.

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

measure, as determined by the President.’’.

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

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

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

‘‘§ 44941. Immunity for reporting suspicious activities

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

any employee of an air carrier or foreign air carrier who makes

a voluntary disclosure of any suspicious transaction relevant to

a possible violation of law or regulation, relating to air piracy,

a threat to aircraft or passenger safety, or terrorism, as defined

by section 3077 of title 18, United States Code, to any employee

or agent of the Department of Transportation, the Department

of Justice, any Federal, State, or local law enforcement officer,

or any airport or airline security officer shall not be civilly liable

to any person under any law or regulation of the United States,

any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure.

President.

49 USC 40101

note.

49 USC 40101

note.

49 USC 44306.

49 USC 40101

note.

26 USC 9502.

115 STAT. 632 PUBLIC LAW 107–71—NOV. 19, 2001

‘‘(b) APPLICATION.—Subsection (a) shall not apply to— ‘‘(1) any disclosure made with actual knowledge that the

disclosure was false, inaccurate, or misleading; or ‘‘(2) any disclosure made with reckless disregard as to

the truth or falsity of that disclosure.’’.

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

chapter is amended by adding at the end the following:

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

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

(a) NATIONAL INSTITUTE OF JUSTICE STUDY.—The National

Institute of Justice shall assess the range of less-than-lethal weaponry available for use by a flight deck crewmember temporarily

to incapacitate an individual who presents a clear and present

danger to the safety of the aircraft, its passengers, or individuals

on the ground and report its findings and recommendations to

the Secretary of Transportation within 90 days after the date of

enactment of this Act.

(b) ARMING FLIGHT DECK CREW.—Section 44903 of title 49,

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

‘‘(h) AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THANLETHAL WEAPONS.—

‘‘(1) IN GENERAL.—If the Secretary, after receiving the recommendations of the National Institute of Justice, determines,

with the approval of the Attorney General and the Secretary

of State, that it is appropriate and necessary and would effectively serve the public interest in avoiding air piracy, the Secretary may authorize members of the flight deck crew on any

aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon while the aircraft

is engaged in providing such transportation.

‘‘(2) USAGE.—If the Secretary grants authority under paragraph (1) for flight deck crew members to carry a less-thanlethal weapon while engaged in providing air transportation

or intrastate air transportation, the Secretary shall— ‘‘(A) prescribe rules requiring that any such crew

member be trained in the proper use of the weapon; and ‘‘(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.’’.

SEC. 127. MAIL AND FREIGHT WAIVERS.

(a) IN GENERAL.—During a national emergency affecting

air transportation or intrastate air transportation, the Secretary of Transportation, after consultation with the Transportation Security Oversight Board, may grant a complete or

partial waiver of any restrictions on the carriage by aircraft

of freight, mail, emergency medical supplies, personnel, or

patients on aircraft, imposed by the Department of Transportation (or other Federal agency or department) that would

permit such carriage of freight, mail, emergency medical supplies, personnel, or patients on flights, to, from, or within

a State if the Secretary determines that— (1) extraordinary air transportation needs or concerns exist;

and

(2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation

of the State.

49 USC 40101

note.

Guidelines.

Regulations.

Deadline.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 633

(b) LIMITATIONS.—The Secretary may impose reasonable limitations on any such waiver.

SEC. 128. FLIGHT DECK SECURITY.

The pilot of a passenger aircraft operated by an air carrier

in air transportation or intrastate air transportation is authorized

to carry a firearm into the cockpit if— (1) the Under Secretary of Transportation for Security

approves;

(2) the air carrier approves;

(3) the firearm is approved by the Under Secretary; and

(4) the pilot has received proper training for the use of

the firearm, as determined by the Under Secretary.

SEC. 129. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

Section 44703(g) of title 49, United States Code, is amended—

(1) in the first sentence of paragraph (1)—

(A) by striking ‘‘pilots’’ and inserting ‘‘airmen’’; and

(B) by striking the period and inserting ‘‘and related

to combating acts of terrorism.’’; and

(2) by adding at the end, the following new paragraphs:

‘‘(3) For purposes of this section, the term ‘acts of terrorism’

means an activity that involves a violent act or an act dangerous

to human life that is a violation of the criminal laws of the 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.’’.

SEC. 130. RESULTS-BASED MANAGEMENT.

Subchapter II of chapter 449 of title 49, United States Code,

is amended by adding at the end the following:

‘‘§ 44942. Performance goals and objectives

‘‘(a) SHORT TERM TRANSITION.—

‘‘(1) IN GENERAL.—Within 180 days after the date of enactment of the Aviation and Transportation Security Act, the

Under Secretary for Transportation Security may, in consultation with Congress—

‘‘(A) establish acceptable levels of performance for aviation security, including screening operations and access

control, and

‘‘(B) provide Congress with an action plan, containing

measurable goals and milestones, that outlines how those

levels of performance will be achieved.

‘‘(2) BASICS OF ACTION PLAN.—The action plan shall clarify

the responsibilities of the Transportation Security Administration, the Federal Aviation Administration and any other agency

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.—

Deadline.

49 USC 44903

note.

115 STAT. 634 PUBLIC LAW 107–71—NOV. 19, 2001

‘‘(A) PERFORMANCE PLAN.—

‘‘(i) Each year, consistent with the requirements

of the Government Performance and Results Act of

1993 (GPRA), the Secretary and the Under Secretary

for Transportation Security shall agree on a performance plan for the succeeding 5 years that establishes

measurable goals and objectives for aviation security.

The plan shall identify action steps necessary to

achieve such goals.

‘‘(ii) In addition to meeting the requirements of

GPRA, the performance plan should clarify the responsibilities of the Secretary, the Under Secretary for

Transportation Security and any other agency or

organization that may have a role in ensuring the

safety and security of the civil air transportation

system.

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

with the requirements of GPRA, the Under Secretary for

Transportation Security shall prepare and submit to Congress an annual report including an evaluation of the extent

goals and objectives were met. The report shall include

the results achieved during the year relative to the goals

established in the performance plan.

‘‘§ 44943. Performance management system

‘‘(a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEASURING STAFF PERFORMANCE.—The Under Secretary for Transportation Security shall establish a performance management system

which strengthens the organization’s effectiveness by providing for

the establishment of goals and objectives for managers, employees,

and organizational performance consistent with the performance

plan.

‘‘(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY FOR MEETING

PERFORMANCE GOALS.—

‘‘(1) IN GENERAL.—Each year, the Secretary and Under

Secretary of Transportation for Security shall enter into an

annual performance agreement that shall set forth organizational and individual performance goals for the Under Secretary.

‘‘(2) GOALS.—Each year, the Under Secretary and each

senior manager who reports to the Under Secretary shall enter

into an annual performance agreement that sets forth organization and individual goals for those managers. All other

employees hired under the authority of the Under Secretary

shall enter into an annual performance agreement that sets

forth organization and individual goals for those employees.

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

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

Act, the Under Secretary for Transportation Security shall, to the

extent practical, maximize the use of performance-based service

contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.’’.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 635

SEC. 131. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING

COMMERCIAL FLIGHTS.

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

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

new section:

‘‘§ 44944. Voluntary provision of emergency services

‘‘(a) PROGRAM FOR PROVISION OF VOLUNTARY SERVICES.— ‘‘(1) PROGRAM.—The Under Secretary of Transportation for

Transportation Security shall carry out a program to permit

qualified law enforcement officers, firefighters, and emergency

medical technicians to provide emergency services on commercial air flights during emergencies. ‘‘(2) REQUIREMENTS.—The Under Secretary shall establish

such requirements for qualifications of providers of voluntary

services under the program under paragraph (1), including

training requirements, as the Under Secretary considers appropriate. ‘‘(3) CONFIDENTIALITY OF REGISTRY.—If as part of the program under paragraph (1) the Under Secretary requires or

permits registration of law enforcement officers, firefighters,

or emergency medical technicians who are willing to provide

emergency services on commercial flights during emergencies,

the Under Secretary shall take appropriate actions to ensure

that the registry is available only to appropriate airline personnel and otherwise remains confidential.

‘‘(4) CONSULTATION.—The Under Secretary shall consult

with appropriate representatives of the commercial airline

industry, and organizations representing community-based law

enforcement, firefighters, and emergency medical technicians,

in carrying out the program under paragraph (1), including

the actions taken under paragraph (3).

‘‘(b) EXEMPTION FROM LIABILITY.—An individual shall not be

liable for damages in any action brought in a Federal or State

court that arises from an act or omission of the individual in

providing or attempting to provide assistance in the case of an

in-flight emergency in an aircraft of an air carrier if the individual

meets such qualifications as the Under Secretary shall prescribe

for purposes of this section.

‘‘(c) EXCEPTION.—The exemption under subsection (b) shall not

apply in any case in which an individual provides, or attempts

to provide, assistance described in that paragraph in a manner

that constitutes gross negligence or willful misconduct.’’.

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

new item:

‘‘44944. Voluntary provision of emergency services.’’.

(c) CONSTRUCTION REGARDING POSSESSION OF FIREARMS.— Nothing in this section may be construed to require any modification

of regulations of the Department of Transportation governing the

possession of firearms while in aircraft or air transportation facilities or to authorize the possession of a firearm in an aircraft

or any such facility not authorized under those regulations.

SEC. 132. GENERAL AVIATION AND AIR CHARTERS.

(a) AIR CHARTER PROGRAM.—Within 90 days after the date

of enactment of this Act, the Under Secretary of Transportation

Deadline.

49 USC 44903

note.

49 USC 44944

note.

115 STAT. 636 PUBLIC LAW 107–71—NOV. 19, 2001

for Transportation Security shall implement an aviation security

program for charter air carriers (as defined in section 40102(a)(13)

of title 49, United States Code) with a maximum certificated takeoff

weight of 12,500 pounds or more.

(b) GENERAL AVIATION PROGRAM.—Within 30 days after the

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

for Transportation Security shall transmit a report on airspace

and other security measures that can be deployed, as necessary,

to improve general aviation security to the Senate Committee on

Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. The

Under Secretary may submit the report in both classified and

redacted forms.

SEC. 133. DEFINITIONS.

Except as otherwise explicitly provided, any term used in this

title that is defined in section 40102 of title 49, United States

Code, has the meaning given that term in that section.

SEC. 134. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.

(a) FLIGHT SERVICE STATION EMPLOYEES.—It is the sense of

Congress that the Administrator of the Federal Aviation Administration should continue negotiating in good faith with flight service

station employees of the Administration with a goal of reaching

agreement on a contract as soon as possible.

(b) WAR RISK INSURANCE.—It is the sense of Congress that

the Secretary of Transportation should implement section 202 of

the Air Transportation Safety and System Stabilization Act (Public

Law 107–42) so as to make war risk insurance directly available

to vendors, agents, and subcontractors of air carriers for all of

their domestic operations.

SEC. 135. SENSE OF THE HOUSE OF REPRESENTATIVES.

It is the sense of the House of Representatives that—

(1) the Under Secretary of Transportation for Security

should develop security procedures to allow passengers transporting a musical instrument on a flight of an air carrier

to transport the instrument in the passenger cabin of the

aircraft, notwithstanding any size or other restriction on carryon baggage but subject to such other reasonable security procedures, terms, and conditions as may be established by the

Under Secretary or the air carrier, including imposing additional charges by the air carrier; and

(2) an air carrier that transports mail under a contract

with the United States Postal Service should transport any

animal that the Postal Service allows to be shipped through

the mail.

SEC. 136. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF

EMERGING SECURITY TECHNOLOGIES AND PROCEDURES.

Section 44903 of title 49, United States Code, is amended

by adding at the end the following:

‘‘(i) SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING

SECURITY TECHNOLOGIES AND PROCEDURES.—

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

for Security shall recommend to airport operators, within 6

months after the date of enactment of the Aviation and

Transportation Security Act, commercially available measures

Deadline.

49 USC 40102

note.

Deadline.

Reports.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 637

or procedures to prevent access to secure airport areas by

unauthorized persons. As part of the 6-month assessment, the

Under Secretary for Transportation Security shall—

‘‘(A) review the effectiveness of biometrics systems currently in use at several United States airports, including

San Francisco International;

‘‘(B) review the effectiveness of increased surveillance

at access points;

‘‘(C) review the effectiveness of card- or keypad-based

access systems; ‘‘(D) review the effectiveness of airport emergency exit

systems and determine whether those that lead to secure

areas of the airport should be monitored or how breaches

can be swiftly responded to; and ‘‘(E) specifically target the elimination of the ‘‘piggybacking’’ phenomenon, where another person follows an

authorized person through the access point.

The 6-month assessment shall include a 12-month deployment

strategy for currently available technology at all category X

airports, as defined in the Federal Aviation Administration

approved air carrier security programs required under part

108 of title 14, Code of Federal Regulations. Not later than

18 months after the date of enactment of this Act, the Secretary

of Transportation shall conduct a review of reductions in

unauthorized access at these airports.

‘‘(2) COMPUTER-ASSISTED PASSENGER PRESCREENING

SYSTEM.—

‘‘(A) IN GENERAL.—The Secretary of Transportation

shall ensure that the Computer-Assisted Passenger

Prescreening System, or any successor system—

‘‘(i) is used to evaluate all passengers before they

board an aircraft; and

‘‘(ii) includes procedures to ensure that individuals

selected by the system and their carry-on and checked

baggage are adequately screened.

‘‘(B) MODIFICATIONS.—The Secretary of Transportation

may modify any requirement under the Computer-Assisted

Passenger Prescreening System for flights that originate

and terminate within the same State, if the Secretary

determines that—

‘‘(i) the State has extraordinary air transportation

needs or concerns due to its isolation and dependence

on air transportation; and

‘‘(ii) the routine characteristics of passengers, given

the nature of the market, regularly triggers primary

selectee status.’’.

SEC. 137. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY

TECHNOLOGY.

(a) FUNDING.—To augment the programs authorized in section

44912(a)(1) of title 49, United States Code, there is authorized

to be appropriated an additional $50,000,000 for each of fiscal

years 2002 through 2006 and such sums as are necessary for

each fiscal year thereafter to the Transportation Security Administration, for research, development, testing, and evaluation of the

following technologies which may enhance aviation security in the

future. Grants to industry, academia, and Government entities to

49 USC 44912

note.

Deadline.

115 STAT. 638 PUBLIC LAW 107–71—NOV. 19, 2001

carry out the provisions of this section shall be available for fiscal

years 2002 and 2003 for—

(1) the acceleration of research, development, testing, and

evaluation of explosives detection technology for checked baggage, specifically, technology that is—

(A) more cost-effective for deployment for explosives

detection in checked baggage at small- to medium-sized

airports, and is currently under development as part of

the Argus research program at the Transportation Security

Administration;

(B) faster, to facilitate screening of all checked baggage

at larger airports; or

(C) more accurate, to reduce the number of false

positives requiring additional security measures;

(2) acceleration of research, development, testing, and

evaluation of new screening technology for carry-on items to

provide more effective means of detecting and identifying

weapons, explosives, and components of weapons of mass

destruction, including advanced x-ray technology;

(3) acceleration of research, development, testing, and

evaluation of threat screening technology for other categories

of items being loaded onto aircraft, including cargo, catering,

and duty-free items;

(4) acceleration of research, development, testing, and

evaluation of threats carried on persons boarding aircraft or

entering secure areas, including detection of weapons, explosives, and components of weapons of mass destruction;

(5) acceleration of research, development, testing and

evaluation of integrated systems of airport security enhancement, including quantitative methods of assessing security factors at airports selected for testing such systems;

(6) expansion of the existing program of research, development, testing, and evaluation of improved methods of education,

training, and testing of key airport security personnel; and

(7) acceleration of research, development, testing, and

evaluation of aircraft hardening materials, and techniques to

reduce the vulnerability of aircraft to terrorist attack.

(b) GRANTS.—Grants awarded under this subtitle shall identify

potential outcomes of the research, and propose a method for quantitatively assessing effective increases in security upon completion

of the research program. At the conclusion of each grant, the grant

recipient shall submit a final report to the Transportation Security

Administration that shall include sufficient information to permit

the Under Secretary of Transportation for Security to prepare a

cost-benefit analysis of potential improvements to airport security

based upon deployment of the proposed technology. The Under

Secretary shall begin awarding grants under this subtitle within

90 days of the date of enactment of this Act.

(c) BUDGET SUBMISSION.—A budget submission and detailed

strategy for deploying the identified security upgrades recommended

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 Transportation Security Administration

to issue research grants in conjunction with the Defense Advanced

Appropriation

authorization.

Deadline.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 639

Research Projects Agency. Grants may be awarded under this section for—

(1) research and development of longer-term improvements

to airport security, including advanced weapons detection;

(2) secure networking and sharing of threat information

between Federal agencies, law enforcement entities, and other

appropriate parties;

(3) advances in biometrics for identification and threat

assessment; or

(4) other technologies for preventing acts of terrorism in

aviation.

SEC. 138. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.

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

is amended— (1) by inserting ‘‘and a review of available law enforcement

data bases and records of other governmental and international

agencies to the extent determined practicable by the Under

Secretary of Transportation for Transportation Security,’’ after ‘‘check’’ in subsection (a)(1)(A);

(2) by striking ‘‘in any case described in subparagraph

(C)’’ in subsection (a)(1)(B) and inserting ‘‘and a review of

available law enforcement data bases and records of other

governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation

for Transportation Security’’;

(3) by striking ‘‘will be’’ in subsection (a)(1)(B)(i) and

inserting ‘‘are’’;

(4) by striking ‘‘and’’ after the semicolon in clause (ii)

of subsection (a)(1)(B);

(5) by redesignating clause (iii) of subsection (a)(1)(B) as

clause (iv);

(6) by inserting after clause (ii) of subsection (a)(1)(B) the

following:

‘‘(iii) individuals who regularly have escorted

access to aircraft of an air carrier or foreign air carrier

or a secured area of an airport in the United States

the Administrator designates that serves an air carrier

or foreign air carrier; and’’;

(7) by striking subparagraphs (C), (D), and (E) of subsection

(a)(1) and redesignating subparagraph (F) as subparagraph

(D);

(8) by inserting after subparagraph (B) of subsection (a)(1)

the following:

‘‘(C) BACKGROUND CHECKS OF CURRENT EMPLOYEES.—

‘‘(i) A new background check (including a criminal

history record check and a review of available law

enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security shall be required

for any individual who is employed in a position

described in subparagraphs (A) and (B) on the date

of enactment of the Aviation and Transportation Security Act.

‘‘(ii) The Under Secretary may provide by order

(without regard to the provisions of chapter 5 of title

115 STAT. 640 PUBLIC LAW 107–71—NOV. 19, 2001

5, United States Code) for a phased-in implementation

of the requirements of this subparagraph.’’;

(9) by striking ‘‘107.31(m)’’ in subparagraph (D), as redesignated, and inserting ‘‘107.31(m)(1) or (2)’’;

(10) by striking ‘‘the date of enactment of this subparagraph.’’ in subparagraph (D), as redesignated, and inserting

‘‘November 22, 2000. The Under Secretary shall work with

the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals

exempted under this subparagraph do not pose a threat to

aviation or national security.’’;

(11) by striking ‘‘carrier, or airport operator’’ in subsection

(a)(2) and inserting ‘‘carrier, airport operator, or government’’;

(12) by striking ‘‘carrier, or airport operator’’ in subsection

(b)(1) and inserting ‘‘carrier, airport operator, or government’’;

(13) by striking ‘‘carrier, or airport operator’’ in subsection

(b)(3) and inserting ‘‘carrier, airport operator, or government’’;

and

(14) by adding at the end of subsection (c)(1) ‘‘All Federal

agencies shall cooperate with the Under Secretary and the

Under Secretary’s designee in the process of collecting and

submitting fingerprints.’’.

(b) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Part A

of subtitle VII of title 49, United States Code, is amended—

(1) by moving subsections (f), (g), and (h) of section 44936

from section 44936, inserting them at the end of section 44703,

and redesignating them as subsections (h), (i), and (j), respectively; and

(2) in subsections (i) and (j) of section 44703 (as moved

to the end of section 44703 by paragraph (1) of this subsection),

by striking ‘‘subsection (f)’’ each place it appears and inserting

‘‘subsection (h)’’.

SEC. 139. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.

Chapter 451 of title 49, United States Code, is amended—

(1) by striking ‘‘contract personnel’’ each place it appears

and inserting ‘‘personnel’’;

(2) by striking ‘‘contract employee’’ each place it appears

and inserting ‘‘employee’’;

(3) in section 45106(c) by striking ‘‘contract employees’’

and inserting ‘‘employees’’;

(4) by inserting after section 45106 the following:

‘‘§ 45107. Transportation Security Administration

‘‘(a) TRANSFER OF FUNCTIONS RELATING TO TESTING PROGRAMS

WITH RESPECT TO AIRPORT SECURITY SCREENING PERSONNEL.—

The authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to

testing of airport security screening personnel are transferred to

the Under Secretary of Transportation for Security. Notwithstanding section 45102(a), the regulations prescribed under section

45102(a) shall require testing of such personnel by their employers

instead of by air carriers and foreign air carriers.

‘‘(b) APPLICABILITY OF CHAPTER WITH RESPECT TO EMPLOYEES

OF ADMINISTRATION.—The provisions of this chapter that apply

with respect to employees of the Federal Aviation Administration

whose duties include responsibility for safety-sensitive functions

49 USC 45103.

49 USC 45102.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 641

shall apply with respect to employees of the Transportation Security

Administration whose duties include responsibility for security-sensitive functions. The Under Secretary of Transportation for Security,

the Transportation Security Administration, and employees of the

Transportation Security Administration whose duties include

responsibility for security-sensitive functions shall be subject to

and comply with such provisions in the same manner and to the

same extent as the Administrator of the Federal Aviation Administration, the Federal Aviation Administration, and employees of

the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions, respectively.’’; and

(5) in the analysis for such chapter by inserting after

the item relating to section 45106 the following:

‘‘45107. Transportation Security Administration.’’.

SEC. 140. CONFORMING AMENDMENTS TO SUBTITLE VII.

(a) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—Part A

of subtitle VII of title 49, United States Code, is amended—

(1) by moving subsections (f), (g), and (h) of section 44936

from section 44936, inserting them at the end of section 44703,

and redesignating them as subsections (h), (i), and (j), respectively; and

(2) in subsections (i) and (j) of section 44703 (as moved

to the end of section 44703 by paragraph (1) of this subsection),

by striking ‘‘subsection (f)’’ each place it appears and inserting

‘‘subsection (h)’’.

(b) INVESTIGATIONS AND PROCEDURES.—Chapter 461 of such

title is amended—

(1) in each of sections 46101(a)(1), 46102(a), 46103(a),

46104(a), 46105(a), 46106, 46107(b), and 46110(a) by inserting

after ‘‘(or’’ the following: ‘‘the Under Secretary of Transportation

for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’’;

(2) by striking ‘‘or Administrator’’ each place it appears

and inserting ‘‘, Under Secretary, or Administrator’’;

(3) in section 46101(a)(2) by striking ‘‘of Transportation

or the’’ and inserting ‘‘, Under Secretary, or’’;

(4) in section 46102(b) by striking ‘‘and the Administrator’’

and inserting ‘‘, the Under Secretary, and the Administrator’’;

(5) in section 46102(c) by striking ‘‘and Administrator’’

each place it appears and inserting ‘‘, Under Secretary, and

Administrator’’;

(6) in each of sections 46102(d) and 46104(b) by inserting

‘‘the Under Secretary,’’ after ‘‘Secretary,’’;

(7) in the heading to section 46106 by striking ‘‘Secretary

of Transportation and Administrator of the Federal Aviation Administration’’ and inserting ‘‘Department of

Transportation’’; and

(8) in the item relating to section 46106 of the analysis

for such chapter by striking ‘‘Secretary of Transportation and

Administrator of the Federal Aviation Administration’’ and

inserting ‘‘Department of Transportation’’.

(c) ADMINISTRATIVE.—Section 40113 of such title is amended—

(1) in subsection (a)—

(A) by inserting after ‘‘(or’’ the following: ‘‘the Under

Secretary of Transportation for Security with respect to

49 USC 46101–

46105, 46107,

46110.

115 STAT. 642 PUBLIC LAW 107–71—NOV. 19, 2001

security duties and powers designated to be carried out

by the Under Secretary or’’; and

(B) by striking ‘‘or Administrator’’ and inserting ‘‘,

Under Secretary, or Administrator’’; and

(2) in subsection (d)—

(A) by inserting after ‘‘The’’ the following: ‘‘Under Secretary of Transportation for Security or the’’;

(B) by striking ‘‘Administration’’ the second place it

appears and inserting ‘‘Transportation Security Administration or Federal Aviation Administration, as the case

may be,’’; and

(C) by striking ‘‘the Administrator decides’’ and

inserting ‘‘the Under Secretary or Administrator, as the

case may be, decides’’.

(d) PENALTIES.—Chapter 463 of such title is amended—

(1) in section 46301(d)(2)—

(A) by striking ‘‘, chapter 449 (except sections 44902,

44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and

44909),’’;

(B) by inserting after the first sentence the following: ‘‘The Under Secretary of Transportation for Security

may impose a civil penalty for a violation of chapter 449

(except sections 44902, 44903(d), 44907(a)–(d)(1)(A),

44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.’’; and

(C) by inserting ‘‘Under Secretary or’’ before ‘‘Administrator shall’’;

(2) in each of paragraphs (3) and (4) of section 46301(d)

by striking ‘‘Administrator’’ each place it appears and inserting

‘‘Under Secretary or Administrator’’;

(3) in section 46301(d)(8) by striking ‘‘Administrator’’ and

inserting ‘‘Under Secretary, Administrator,’’;

(4) in section 46301(h)(2) by inserting after ‘‘(or’’ the following: ‘‘the Under Secretary of Transportation for Security

with respect to security duties and powers designated to be

carried out by the Under Secretary or’’;

(5) in section 46303(c)(2) by inserting ‘‘or the Under Secretary of Transportation for Security’’ after ‘‘Federal Aviation

Administration’’;

(6) in section 46311—

(A) by inserting after ‘‘Transportation,’’ the following:

‘‘the Under Secretary of Transportation for Security with

respect to security duties and powers designated to be

carried out by the Under Secretary,’’;

(B) by inserting after ‘‘Secretary,’’ each place it appears

the following: ‘‘Under Secretary,’’; and

(C) by striking ‘‘or Administrator’’ each place it appears

and inserting ‘‘, Under Secretary, or Administrator’’;

(7) in each of sections 46313 and 46316 by inserting after

‘‘(or’’ the following: ‘‘the Under Secretary of Transportation

for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’’; and

(8) in section 46505(d)(2) by inserting ‘‘or the Under Secretary of Transportation for Security’’ after ‘‘Federal Aviation

Administration’’.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 643

SEC. 141. SAVINGS PROVISION.

(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as otherwise

provided in this Act, those personnel, property, and records

employed, used, held, available, or to be made available in connection with a function transferred to the Transportation Security

Administration by this Act shall be transferred to the Transportation Security Administration for use in connection with the functions transferred. Unexpended balances of appropriations, allocations, and other funds made available to the Federal Aviation

Administration to carry out such functions shall also be transferred

to the Transportation Security Administration for use in connection

with the functions transferred.

(b) LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements,

certificates, licenses, and privileges—

(1) that have been issued, made, granted, or allowed to

become effective by the Federal Aviation Administration, any

officer or employee thereof, or any other Government official,

or by a court of competent jurisdiction, in the performance

of any function that is transferred by this Act; and

(2) that are in effect on the effective date of such transfer

(or become effective after such date pursuant to their terms

as in effect on such effective date), shall continue in effect

according to their terms until modified, terminated, superseded,

set aside, or revoked in accordance with law by the Under

Secretary of Transportation for Security, any other authorized

official, a court of competent jurisdiction, or operation of law.

(c) PROCEEDINGS.—

(1) IN GENERAL.—The provisions of this Act shall not affect

any proceedings or any application for any license pending

before the Federal Aviation Administration at the time this

Act takes effect, insofar as those functions are transferred

by this Act; but such proceedings and applications, to the

extent that they relate to functions so transferred, shall be

continued. Orders shall be issued in such proceedings, appeals

shall be taken therefrom, and payments shall be made pursuant

to such orders, as if this Act had not been enacted; and orders

issued in any such proceedings shall continue in effect until

modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation

of law.

(2) STATUTORY CONSTRUCTION.—Nothing in this subsection

shall be deemed to prohibit the discontinuance or modification

of any proceeding described in paragraph (1) under the same

terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act

had not been enacted.

(3) ORDERLY TRANSFER.—The Secretary of Transportation

is authorized to provide for the orderly transfer of pending

proceedings from the Federal Aviation Administration.

(d) SUITS.— (1) IN GENERAL.—This Act shall not affect suits commenced

before the date of the enactment of this Act, except as provided

in paragraphs (2) and (3). In all such suits, proceeding shall

be had, appeals taken, and judgments rendered in the same

manner and with the same effect as if this Act had not been

enacted.

49 USC 44901

note.

115 STAT. 644 PUBLIC LAW 107–71—NOV. 19, 2001

(2) SUITS BY OR AGAINST FAA.—Any suit by or against

the Federal Aviation Administration begun before the date

of the enactment of this Act shall be continued, insofar as

it involves a function retained and transferred under this Act,

with the Transportation Security Administration (to the extent

the suit involves functions transferred to the Transportation

Security Administration under this Act) substituted for the

Federal Aviation Administration.

(3) REMANDED CASES.—If the court in a suit described

in paragraph (1) remands a case to the Transportation Security

Administration, subsequent proceedings related to such case

shall proceed in accordance with applicable law and regulations

as in effect at the time of such subsequent proceedings.

(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No suit,

action, or other proceeding commenced by or against any officer

in his official capacity as an officer of the Federal Aviation Administration shall abate by reason of the enactment of this Act. No

cause of action by or against the Federal Aviation Administration,

or by or against any officer thereof in his official capacity, shall

abate by reason of the enactment of this Act.

(f) EXERCISE OF AUTHORITIES.—Except as otherwise provided

by law, an officer or employee of the Transportation Security

Administration may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise

all authorities under any other provision of law that were available

with respect to the performance of that function to the official

responsible for the performance of the function immediately before

the effective date of the transfer of the function under this Act.

(g) ACT DEFINED.—In this section, the term ‘‘Act’’ includes

the amendments made by this Act.

SEC. 142. BUDGET SUBMISSIONS.

The President’s budget submission for fiscal year 2003 and

each fiscal year thereafter shall reflect the establishment of the

Transportation Security Administration.

SEC. 143. LAND ACQUISITION COSTS.

In the case of a grant for land acquisition issued to an airport

under chapter 471 of title 49, United States Code, prior to January

1, 1995, the Secretary of Transportation may waive the provisions

of section 47108 of such title and provide an upward adjustment

in the maximum obligation of the United States under that chapter

to assist the airport in funding land acquisition costs (and associated

eligible costs) that increased as a result of a judicial order.

SEC. 144. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL

VIOLENCE OR AIRCRAFT PIRACY.

Section 44903 is amended by adding at the end the following:

‘‘(h) LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL

VIOLENCE OR AIRCRAFT PIRACY.—An individual shall not be liable

for damages in any action brought in a Federal or State court

arising out of the acts of the individual in attempting to thwart

an act of criminal violence or piracy on an aircraft if that individual

reasonably believed that such an act of criminal violence or piracy

was occurring or was about to occur.’’.

49 USC 44903.

49 USC 47108

note.

31 USC 1105

note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 645

SEC. 145. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE.

(a) IN GENERAL.—Each air carrier that provides scheduled air

transportation on a route shall provide, to the extent practicable,

air transportation to passengers ticketed for air transportation on

that route by any other air carrier that suspends, interrupts, or

discontinues air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier.

(b) PASSENGER OBLIGATION.—An air carrier is not required

to provide air transportation under subsection (a) to a passenger

unless that passenger makes alternative arrangements with the

air carrier for such transportation within 60 days after the date

on which that passenger’s air transportation was suspended, interrupted, or discontinued (without regard to the originally scheduled

travel date on the ticket).

(c) SUNSET.—This section does not apply to air transportation

the suspension, interruption, or discontinuance of which occurs

more than 18 months after the date of enactment of this Act.

SEC. 146. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.

Upon request of an operator of an aircraft affected by the

restrictions imposed under Notice to Airmen FDC 1/0618 issued

by the Federal Aviation Administration, or any other notice issued

after September 11, 2001, and prior to the date of enactment

of this Act that restricts the ability of United States registered

aircraft to conduct operations under part 91 of title 14, Code of

Federal Regulations, in enhanced class B airspace (as defined by

such Notice), such restrictions shall cease to be in effect for the

affected class of operator beginning on the 30th day following the

request, unless the Secretary of Transportation publishes a notice

in the Federal Register before such 30th day reimposing the restriction and explaining the reasons for the restriction.

SEC. 147. AVIATION WAR RISK INSURANCE.

Section 44306(b) of title 49, United States Code, is amended

by striking ‘‘60 days’’ each place it appears and inserting ‘‘1 year’’.

TITLE II—LIABILITY LIMITATION

SEC. 201. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION

ACT AMENDMENTS.

(a) RECOVERY OF COLLATERAL SOURCE OBLIGATIONS OF TERRORISTS.—Section 405(c)(3)(B)(i) of the Air Transportation Safety and

System Stabilization Act (49 U.S.C. 40101 note) is amended by

striking ‘‘obligations.’’ and inserting ‘‘obligations, or to a civil action

against any person who is a knowing participant in any conspiracy

to hijack any aircraft or commit any terrorist act.’’.

(b) EXTENSION OF LIABILITY RELIEF TO AIRCRAFT MANUFACTURERS AND OTHERS.—Section 408 of that Act is amended—

(1) by striking ‘‘air carrier’’ in the section heading;

(2) by striking subsection (a) and inserting the following:

49 USC 40101

note.

Federal Register,

publication.

Deadline.

49 USC 40101

note.

115 STAT. 646 PUBLIC LAW 107–71—NOV. 19, 2001

‘‘(a) IN GENERAL.—

‘‘(1) LIABILITY LIMITED TO INSURANCE COVERAGE.—Notwithstanding any other provision of law, liability for all claims,

whether for compensatory or punitive damages or for contribution or indemnity, arising from the terrorist-related aircraft

crashes of September 11, 2001, against an air carrier, aircraft

manufacturer, airport sponsor, or person with a property

interest in the World Trade Center, on September 11, 2001,

whether fee simple, leasehold or easement, direct or indirect,

or their directors, officers, employees, or agents, shall not be

in an amount greater than the limits of liability insurance

coverage maintained by that air carrier, aircraft manufacturer,

airport sponsor, or person.

‘‘(2) WILLFUL DEFAULTS ON REBUILDING OBLIGATION.—Paragraph (1) does not apply to any such person with a property

interest in the World Trade Center if the Attorney General

determines, after notice and an opportunity for a hearing on

the record, that the person has defaulted willfully on a contractual obligation to rebuild, or assist in the rebuilding of, the

World Trade Center.

‘‘(3) LIMITATIONS ON LIABILITY FOR NEW YORK CITY.—

Liability for all claims, whether for compensatory or punitive

damages or for contribution or indemnity arising from the

terrorist-related aircraft crashes of September 11, 2001, against

the City of New York shall not exceed the greater of the

city’s insurance coverage or $350,000,000. If a claimant who

is eligible to seek compensation under section 405 of this Act,

submits a claim under section 405, the claimant waives the

right to file a civil action (or to be a party to an action)

in any Federal or State court for damages sustained as a

result of the terrorist-related aircraft crashes of September

11, 2001, including any such action against the City of New

York. The preceding sentence does not apply to a civil action

to recover collateral source obligations.’’; and

(3) by adding at the end of subsection (c) the following:

‘‘Subsections (a) and (b) do not apply to civil actions to recover

collateral source obligations. Nothing in this section shall in

any way limit any liability of any person who is engaged

in the business of providing air transportation security and

who is not an airline or airport sponsor or director, officer,

or employee of an airline or airport sponsor.’’.

(c) LIMITATION OF UNITED STATES SUBROGATION RIGHT.—Section 409 of that Act is amended by striking ‘‘title.’’ and inserting

‘‘title, subject to the limitations described in section 408.’’.

(d) DEFINITIONS.—Section 402 of that Act is amended—

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

‘‘The term ‘air carrier’ does not include a person, other than

an air carrier, engaged in the business of providing air transportation security.’’.

(2) by redesignating paragraphs (3) through (8) as paragraphs (5) through (10), respectively; and

49 USC 40101

note.

49 USC 40101

note.

PUBLIC LAW 107–71—NOV. 19, 2001 115 STAT. 647

LEGISLATIVE HISTORY—S. 1447 (H.R. 3150):

HOUSE REPORTS: No. 107–296 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 147 (2001):

Oct. 10, 11, considered and passed Senate.

Nov. 6, considered and passed House, amended, in lieu of H.R. 3150.

Nov. 16, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Nov. 19, Presidential statement.

Æ

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

‘‘(3) AIRCRAFT MANUFACTURER.—The term ‘aircraft manufacturer’ means any entity that manufactured the aircraft or

any parts or components of the aircraft involved in the terrorist

related aircraft crashes of September 11, 2001, including

employees and agents of that entity.

‘‘(4) AIRPORT SPONSOR.—The term ‘airport sponsor’ means

the owner or operator of an airport (as defined in section

40102 of title 49, United States Code).’’.

Approved November 19, 2001.