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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1447 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 166
107th CONGRESS
  1st Session
                                S. 1447

         To improve aviation security, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2001

Mr. Hollings (for himself, Mr. McCain, Mr. Kerry, Mr. Rockefeller, Mrs. 
 Hutchison, Mr. Breaux, Mr. Burns, Mr. Reid, Mr. Cleland, Mr. Smith of 
    Oregon, Mr. Edwards, Mr. Nelson of Florida, Mrs. Carnahan, Mr. 
   Wellstone, Mr. Wyden, Mrs. Boxer, Mrs. Clinton, Ms. Mikulski, Mr. 
   Daschle, Mr. Dorgan, Mr. Inouye, Mr. Harkin, Mr. Stevens, and Ms. 
  Snowe) introduced the following bill; which was read the first time

                           September 24, 2001

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
         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 Security Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The safety and security of the civil air transportation 
        system is critical to the United States' security and its 
        national defense.
            (2) A safe and secure United States civil air 
        transportation system is essential to the basic freedom of 
        Americans to move in intrastate, interstate, and international 
        transportation.
            (3) The terrorist hijackings and crashes of passenger 
        aircraft on September 11, 2001, converting civil aircraft into 
        guided bombs for strikes against civilian and military targets 
        requires the United States to change fundamentally the way it 
        approaches the task of ensuring the safety and security of the 
        civil air transportation system.
            (4) The existing fragmentation of responsibility for that 
        safety and security among government agencies and between 
        government and nongovernment entities is inefficient and 
        unacceptable in light of the hijackings and crashes on 
        September 11th.
            (5) The General Accounting Office, as well as other 
        independent investigators, have recommended that security 
        functions and security personnel at United States airports 
        should become a Federal government responsibility.
            (6) Although the number of Federal air marshals is 
        classified, their presence on both international and domestic 
        flights would have a deterrent effect on hijacking and would 
        further bolster public confidence in the safety of air travel.
            (7) The effectiveness of existing security measures, 
        including employee background checks and passenger profiling, 
        is impaired because of the inaccessibility of, or the failure 
        to share information among, data bases maintained by different 
        Federal and international agencies for criminal behavior or 
        pertinent intelligence information.

SEC. 3. DEPUTY ADMINISTRATOR FOR AVIATION SECURITY.

    (a) In General.--Section 106 of title 49, United States Code, is 
amended--
            (1) by striking the second sentence of subsection (b) and 
        inserting ``The Administration has 2 Deputy Administrators: (1) 
        A Deputy Administrator for Administration; and (2) A Deputy 
        Administrator for Aviation Security.''; and
            (2) by striking subsection (i) and inserting the following:
    ``(i) Functions of Deputy Administrators.--
            ``(1) Deputy administrator for administration.--The Deputy 
        Administrator for Administration shall carry out duties and 
        power prescribed by the Administrator. The Deputy Administrator 
        for Administration acts for the Administrator when the 
        Administrator is absent or unable to serve, or when the office 
        of Administrator is vacant.
            ``(2) Deputy administrator for aviation security.--
                    ``(A) In general.--The Deputy Administrator for 
                Aviation Security--
                            ``(i) is responsible for hiring and 
                        training employees engaged in providing 
                        aviation-related security at all United States 
                        airports and air navigation facilities involved 
                        in interstate air transportation or intrastate 
                        air transportation by civil aircraft;
                            ``(ii) is responsible for day-to-day 
                        aviation-related security operations for such 
                        transportation; and
                            ``(iii) shall actively cooperate and 
                        coordinate with other Federal agencies with 
                        responsibilities for national security and 
                        criminal justice enforcement activities that 
                        are related to aviation security through the 
                        Aviation Security Coordination Council.''.
    (b) Conforming Amendments.--
            (1) Section 106 of title 49, United States Code, is 
        amended--
                    (A) by striking ``The Deputy'' in subsection (d)(1) 
                and inserting ``Each Deputy'';
                    (B) by striking the first sentence of subsection 
                (d)(1) and inserting ``Each Deputy Administrator must 
                be a citizen of the United States. The Deputy 
                Administrator for Administration must have experience 
                in a field directly related to aviation. The Deputy 
                Administrator for Aviation Security must have 
                experience in a field directly related to law 
                enforcement, national security, or intelligence.'';
                    (C) by inserting ``for Administration'' after 
                ``Deputy Administrator'' in the third sentence of 
                subsection (d)(1);
                    (D) by striking ``The Deputy'' in subsection (d)(2) 
                and inserting ``Such a Deputy'';
                    (E) by striking ``the Deputy'' in subsection (d)(3) 
                and inserting ``a Deputy''; and
                    (F) by striking ``the Deputy'' in subsection (e) 
                and inserting ``a Deputy''.
            (2) Section 44932 of title 49, United States Code, is 
        amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Organization.--The Deputy Administrator for Aviation Security 
reports directly to the Administrator of the Federal Aviation 
Administration and is subject to the authority of the Administrator.'';
                    (B) by striking ``Assistant'' in subsection (b) and 
                inserting ``Deputy'';
                    (C) by striking ``title;'' in subsection (b)(1) and 
                inserting ``title and individuals authorized to carry 
                firearms and make arrests under section 44903(d);'';
                    (D) by striking ``Assistant'' in subsection (c) and 
                inserting ``Deputy''; and
                    (E) by striking ``x-ray'' in subsection (c)(4) and 
                inserting ``screening''.
            (3) Chapter 449 of title 49, United States Code, is 
        amended--
                    (A) by striking the section heading for section 
                44932 and inserting the following:
``Sec.  44932. Deputy Administrator for Civil Aviation Security'';
                and
                    (B) by striking the item relating to that section 
                in the chapter analysis for that chapter and inserting 
                the following:

``44932. Deputy Administrator for Civil Aviation Security''.
    (c) Transition.--Until the Deputy Administrator for Aviation 
Security in the Federal Aviation Administration is appointed by the 
President, the functions of the Deputy Administrator shall be carried 
out by the Assistant Administrator for Aviation Security.

SEC. 4. AVIATION SECURITY COORDINATION COUNCIL.

    (a) In General.--Chapter 449 of title 49, United States Code, is 
amended by adding at the end the following:

       ``SUBCHAPTER III.--AVIATION SECURITY COORDINATION COUNCIL

``Sec.  44951. Aviation Security Coordination Council
    ``(a) In General.--There is established an Aviation Security 
Coordination Council.
    ``(b) Function.--The Council shall coordinate intelligence, 
security, and criminal enforcement activities affecting the safety and 
security of aviation at all United States airports and air navigation 
facilities involved in interstate air transportation or intrastate air 
transportation by public aircraft.
    ``(c) Membership.--The members of the Council are:
            ``(1) The Deputy Administrator for Aviation Security in the 
        Federal Aviation Agency.
            ``(2) A senior representative of equivalent rank with 
        security-related responsibilities from--
                    ``(A) the Department of Justice, designated by the 
                Attorney General;
                    ``(B) the Department of Defense, designated by the 
                Secretary of Defense;
                    ``(C) the Central Intelligence Agency, designated 
                by the Director of Central Intelligence; and
                    ``(D) any other Federal agency the participation of 
                which is determined by the Deputy Administrator to be 
                appropriate, designated by the head of that agency.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 449 of 
title 49, United States Code, is amended by adding at the end the 
following:

                              ``SUBCHAPTER III.--AVIATION SECURITY 
                                        COORDINATION COUNCIL
``Sec. 44951. Aviation Security Coordination Council''

SEC. 5. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

    (a) In General.--The Administrator of the Federal Aviation Agency 
shall, as soon as possible after the date of enactment of this Act, 
issue an order (without regard to the provisions of chapter 5 of title 
5, United States Code)--
            (1) prohibiting access to the flight deck of commercial 
        aircraft engaged in interstate or intrastate transportation 
        while the aircraft is so engaged by any person other than a 
        member of the flight deck crew;
            (2) requiring the strengthening of the flight deck door and 
        locks on any such aircraft operating under part 121 of title 
        14, Code of Federal Regulations, that has a door in a bulkhead 
        between the flight deck and the passenger area to prevent them 
        being forced open from inside the aircraft;
            (3) requiring that such flight deck doors remain locked 
        while any such aircraft is in flight except when necessary to 
        permit the flight deck crew access and egress; and
            (4) prohibit 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.
    (b) Commuter Aircraft.--The Administrator shall investigate means 
of securing the flight deck of aircraft operating under the authority 
of part 135 of title 14, Code of Federal Regulations that are engaged 
in interstate or intrastate air transportation that do not have a fixed 
door with a lock between the passenger compartment and the flight deck 
and issue such an order as the Secretary deems appropriate (without 
regard to the provisions of chapter 5 of title 5, United States Code) 
to ensure the inaccessibility, to the greatest extent feasible, of the 
flight deck while the aircraft is so engaged.

SEC. 6. DEPLOYMENT OF FEDERAL AIR MARSHALS.

    (a) In General.--Within 30 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration, under 
the authority provided by section 44903(d) of title 49, United States 
Code, shall--
            (1) provide for random deployment of Federal air marshals 
        on domestic commercial air passenger flights in the United 
        States, and all international flights on American carriers into 
        or out of the United States;
            (2) provide for appropriate background and fitness checks 
        for candidates for appointment as Federal air marshals;
            (3) provide for appropriate training, supervision, and 
        equipment of Federal air marshals; and
            (4) require commercial air carriers to provide seating for 
        a Federal air marshal on any selected air passenger flight 
        without regard to the availability of seats on that flight.
    (b) International Flights.--The Administrator shall work with 
appropriate aeronautic authorities of foreign governments under section 
44907 of title 49, United States Code, to address security concerns on 
international flights.
    (c) Interim Measures.--Until the Administrator can fully implement 
subsection (a), the Administrator shall, after consultation with the 
heads of other Federal agencies and departments, use personnel from 
those agencies and departments, on a reimbursable or nonreimbursable 
basis, to provide air marshal service on domestic and international 
flights.
    (d) Report.--No later than 18 months after the date of enactment of 
this Act, the Administrator shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure setting 
forth--
            (1) an assessment of the effectiveness of the program;
            (2) the Administrator's recommendation as to whether the 
        program should be continued; and
            (3) any recommendations the Administrator may have for 
        improving the effectiveness of the program if it is to be 
        continued.

SEC. 7. FEDERALIZATION OF AIRPORT SECURITY OPERATIONS.

    (a) In General.--Section 44903(c) of title 49, United States Code, 
is amended to read as follows:
    ``(c) Security Program.--
            ``(1) In general.--The Administrator shall establish an air 
        transportation security program at each airport regularly 
        serving an air carrier holding a certificate issued by the 
        Secretary of Transportation that provides a law enforcement 
        presence and capability at each of those airports that is 
        adequate to ensure the safety of passengers. In carrying out 
        that program, the Administrator may use--
                    ``(A) the services of qualified State, local, and 
                private law enforcement personnel;
                    ``(B) personnel employed by the Administrator; or
                    ``(C) personnel employed by another department, 
                agency, or instrumentality of the Government with the 
                consent of the head of the department, agency, or 
                instrumentality.
            ``(2) Deployment of armed personnel.--In carrying out the 
        program established under paragraph (1), the Administrator 
        shall order the deployment of personnel authorized to carry 
        firearms as follows:
                    ``(A) Largest airports.--At the 100 largest 
                airports in the United States, in terms of average 
                annual passenger boardings, the Administrator shall 
                order the deployment of a sufficient number of 
                personnel at each airport security screening location 
                as may be necessary to ensure passenger safety.
                    ``(B) Other airports.--At United States airports 
                not described in subparagraph (A), the Administrator 
                shall order the deployment of at least 1 of such 
                personnel at each such location.
                    ``(C) Other areas.--The Administrator, 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, or the risk to 
                air carrier aircraft operations at the airport.''.
    (b) Security of Aircraft and Ground Access.--Section 44903 of title 
49, United States Code, is amended by adding at the end the following:
    ``(h) Security of Aircraft and Ground Access.--The Administrator 
shall establish and enforce rules to improve the physical security of 
air traffic control facilities, parked aircraft, aircraft servicing 
equipment, aircraft supplies (including fuel), automobile parking 
facilities at airports, and access and transition areas at airports 
served by other means of ground or water transportation.''.

SEC. 8. ENHANCED ANTI-HIJACKING TRAINING FOR FLIGHT CREWS.

    The Administrator of the Federal Aviation Administration shall 
develop and implement a mandatory program of training for flight crews 
of aircraft providing interstate or intrastate air transportation in 
dealing with attempts to commit aircraft piracy (as defined in section 
46502(a)(1)(A) of title 49, United States Code).

SEC. 9. IMPROVED PASSENGER SCREENING PROCESS.

    Section 44901 of title 49, United States Code, is amended to read 
as follows:
``Sec.  44901. Screening passengers and property
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall be responsible for the screening of all passengers 
and property that will be carried in a cabin of an aircraft in air 
transportation or intrastate air transportation. The screening must 
take place before boarding and be carried out by certified Federal 
security screening personnel using equipment approved for that purpose 
by the Administration.
    ``(b) Exemptions.--The Administrator may exempt any class of air 
transportation operations from this section except scheduled passenger 
operations of an air carrier providing air transportation under a 
certificate issued under section 41102 of this title or a permit issued 
under section 41302 of this title.
    ``(c) Cross-Checking Data Base Information.--The Deputy 
Administrator, acting through the Aviation Security Coordination 
Council, shall establish and implement a system for cross-checking data 
on individuals identified on all Federal agency security-related data 
bases.''.

SEC. 10. TRAINING AND EMPLOYMENT OF SECURITY SCREENING PERSONNEL.

    (a) Use of Other Agencies.--The Administrator of the Federal 
Aviation Administration shall enter into a memorandum of understanding 
with any other Federal agency or department with law enforcement 
responsibilities to provide cooperation and assistance in the training 
of Federal airport security screening personnel.
    (b) In General.--The Administrator of the Federal Aviation 
Administration shall establish a program for the hiring and training of 
airport security screening personnel.
    (c) Hiring.--
            (1) Qualifications.--The Administrator shall establish, 
        within 30 days after the date of enactment of this Act, 
        qualification standards for individuals to be hired by the 
        United States as airport security screening personnel. Those 
        standards shall, at a minimum, require an individual--
                    (A) to have a satisfactory or better score on a 
                Federal security screening personnel selection 
                examination;
                    (B) to be a national of the United States as 
                defined in section 101(a)(22) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(22));
                    (C) to meet the requirements set forth in section 
                108.31(a) of title 14, Code of Federal Regulations; and
                    (D) to have passed an examination for recent 
                consumption of a controlled substance.
            (2) Examination; review of existing rules.--The 
        Administrator shall develop a Federal security screening 
        personnel examination for use in determining the qualification 
        of individuals seeking employment as airport security screening 
        personnel. The Administrator shall also review, and revise as 
        necessary, any rule or regulation governing the employment of 
        individuals as airport security screening personnel.
    (d) Training.--
            (1) In general.--The Administrator shall, within 60 days 
        after the date of enactment of this Act, develop a plan for the 
        training of Federal airport security screening personnel. The 
        plan shall, at a minimum, require--
                    (A) 40 hours of classroom training; and
                    (B) 60 hours of on-the-job training.
            (2) Equipment-specific training.--An individual employed as 
        a Federal airport 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 and certified 
        as proficient on that device or equipment.
            (3) Conforming amendments.--Section 44935(e) of title 49, 
        United States Code, is amended--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--The Administrator shall establish 
        training standards for screeners.'';
                    (B) by striking ``As part of the final rule, the'' 
                in paragraph (2)(A) and inserting ``The'';
                    (C) by striking ``(2), as part of the final rule,'' 
                in paragraph (3) and inserting ``(2)''; and
                    (D) by striking ``40'' in paragraph (3) and 
                inserting ``60''.
    (e) Testing.--
            (1) Annual testing.--The Administrator shall by rule 
        require that individuals employed as Federal airport security 
        screening personnel be tested for proficiency not less often 
        than once annually.
            (2) Random and spot testing.--The Administrator shall 
        review and revise as necessary, or prescribe, rules governing 
        the random, spot, or other testing of such personnel in 
        addition to the annual testing required by paragraph (1).
    (f) Authorization of Employment.--The Secretary of Transportation 
is authorized to employ, appoint, and fix the compensation of such a 
number of individuals as may be necessary to carry out sections 44901 
and 44903 of title 49, United States Code, in accordance with the 
provisions of part III of title 5, United States Code, without regard 
to any limitation on number of employees imposed by any other law or 
Executive Order.

SEC. 11. BACKGROUND CHECKS ON HEAVY PLANE FLIGHT TRAINING APPLICANTS.

    Section 44936(a) of title 49, United States Code, is amended by 
striking ``access, to--'' in subsection (a) and inserting ``access, and 
of each individual seeking flight training for an aircraft larger than 
an aircraft described in (f)(14)(A), to--''.

SEC. 12. SECURITY FEE.

    (a) In General.--Chapter 481 is amended by adding at the end 
thereof the following:
``Sec.  48114. Security fee
    ``(a) In General.--The Secretary of Transportation shall collect a 
user fee from commercial air carriers. Amounts collected under this 
section shall be treated as offsetting collections to partially offset 
the Federal Aviation Administration's costs of providing aviation 
security services to air carriers. The amounts collected shall be 
immediately available to the Administration for obligation and 
expenditure for its activities, and shall remain available in a 
revolving fund, to be established by the Administration, until 
expended.
    ``(b) Amount of Fee.--Commercial air carriers shall pay $1.00 for 
each one-way revenue passenger, on the basis of on-line origin-
destination travel.
    ``(c) Definitions.--As used in this section--
            ``(1) Commercial air carrier.--The term `commercial air 
        carrier' means a commercial operator that engages in the 
        carriage of persons in air commerce for compensation or hire.
            ``(2) Revenue passenger.--The term `revenue passenger' 
        means a passenger on board a flight in revenue service and does 
        not include passengers traveling for a zero fare on frequent 
        flyer or mileage programs or non-revenue air carrier 
        employees.''.
    (b) Clerical Amendment.--The table of sections for chapter 481 is 
amended by adding at the end thereof the following:

``48114. Security fee''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to transportation beginning after the date which is 
90 days after the date of enactment of this Act.

SEC. 13. INCREASED AVIATION SECURITY FUNDING.

    (a) 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
``Sec.  48301. Aviation security funding
    ``There are authorized to be appropriated to the Secretary of 
Transportation for fiscal years 2002, 2003, and 2004, such sums as may 
be necessary to carry out chapter 449 and related aviation security 
activities under this title.''.
    (b) 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. 14. DEFINITIONS.

    Except as otherwise explicitly provided, any term used in this Act 
that is defined in section 40102 of title 49, United States Code, has 
the meaning given that term in that section.

                                                       Calendar No. 166

107th CONGRESS

  1st Session

                                S. 1447

_______________________________________________________________________

                                 A BILL

         To improve aviation security, and for other purposes.

_______________________________________________________________________

                           September 24, 2001

            Read the second time and placed on the calendar
```