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107TH CONGRESS

1ST SESSION S. 1444

To establish a Federal air marshals program under the Attorney General.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 21, 2001

Mr. MCCONNELL introduced the following bill; which was read twice and

referred to the Committee on Commerce, Science, and Transportation

A BILL

To establish a Federal air marshals program under the

Attorney General.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Air Marshals

5 and Safe Sky Act of 2001’’.

6 SEC. 2. PROGRAM ESTABLISHED.

7 (a) IN GENERAL.—Chapter 37 of title 28, United

8 States Code, is amended by adding at the end the fol9 lowing:

10 ‘‘§570. Federal air marshals program

11 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) AIRCRAFT.—The term ‘aircraft’ has the

2 meaning given that term in section 40102 of title

3 49.

4 ‘‘(2) AIR TRANSPORTATION.—The term ‘air

5 transportation’ has the meaning given that term in

6 section 40102 of title 49.

7 ‘‘(3) PROGRAM.—The term ‘program’ means

8 the program established under subsection (c).

9 ‘‘(4) UNITS OF LOCAL GOVERNMENT.—The

10 term ‘units of local government’ includes an airport

11 authority.

12 ‘‘(b) RESPONSIBILITY FOR AIRPORT AND AIRCRAFT

13 SAFETY.—This section shall govern the security at air14 ports and on board commercial aircraft.

15 ‘‘(c) FEDERAL AIR MARSHALS PROGRAM.—

16 ‘‘(1) GOAL.—The goal of the program is to pro17 vide maximum security at airports and on board

18 commercial aircraft by having the Federal Govern19 ment be responsible for all phases of security for air

20 passengers.

21 ‘‘(2) ESTABLISHMENT OF FEDERAL AIR MAR22 SHALS PROGRAM.—

23 ‘‘(A) ESTABLISHMENT.—The Attorney

24 General shall establish a Federal Air Marshals

25 program consisting of Federal Air Marshals, in-
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1 cluding the Federal Air Marshals participating

2 in the Federal Air Marshals Program being ad3 ministered by the Federal Aviation Administra4 tion before the effective date of this section,

5 and Deputy Federal Air Marshals in order to

6 provide maximum security at airports and on

7 board commercial aircraft.

8 ‘‘(B) FEDERAL AIR MARSHALS.—Federal

9 Air Marshals shall serve for the purpose of en10 forcing Federal laws that regulate security at

11 airports and on board commercial aircraft, in12 cluding laws relating to acts of terrorism, hi13 jacking, or aircraft piracy and laws relating to

14 violent, abusive, or disruptive behavior by pas15 sengers in air transportation.

16 ‘‘(C) DEPUTY FEDERAL AIR MARSHALS.—

17 ‘‘(i) IN GENERAL.—The Attorney

18 General shall deputize individuals de19 scribed in clause (ii) as Deputy Federal

20 Air Marshals for the purpose of aug21 menting and assisting Federal Air Mar22 shals.

23 ‘‘(ii) PERSONNEL.—The Attorney

24 General shall utilize retired military per25 sonnel, retired Federal, State, and local
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1 law enforcement personnel, and active-duty

2 Federal, State, and local law enforcement

3 personnel from other government depart4 ments and agencies as Deputy Federal Air

5 Marshals.

6 ‘‘(iii) COMPENSATION.—The Attorney

7 General may employ personnel described in

8 clause (ii)—

9 ‘‘(I) as volunteers;

10 ‘‘(II) by paying a reasonable per

11 diem;

12 ‘‘(III) by employing a fee-for13 service or contract arrangement; or

14 ‘‘(IV) using any other method

15 authorized by law.

16 ‘‘(3) CONSULTATION.—In establishing the pro17 gram, the Attorney General shall consult with appro18 priate officials of—

19 ‘‘(A) the United States Government (in20 cluding the Administrator of the Federal Avia21 tion Administration or his designated represent22 ative); and

23 ‘‘(B) State and local governments in any

24 geographic area in which the program may op25 erate.
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1 ‘‘(4) CERTIFICATION, TRAINING AND EXAMINA2 TION OF AIR MARSHALS; PRIOR APPROVAL OF EM3 PLOYER TO SERVE AS DEPUTY AIR MARSHAL.—

4 ‘‘(A) IN GENERAL.—Under the program,

5 the Attorney General shall provide appropriate

6 training and supervision of all air marshals, as

7 well as appropriate background and fitness ex8 amination of eligible candidates as part of their

9 certification.

10 ‘‘(B) EMPLOYER APPROVAL.—Active Fed11 eral, State, or local law enforcement officers

12 who serve as Deputy Federal Air Marshals shall

13 receive approval to participate in the program

14 from their employer.

15 ‘‘(d) POWERS AND STATUS OF FEDERAL AIR MAR16 SHALS AND DEPUTY AIR MARSHALS.—

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

18 Federal Air Marshals and Deputy Federal Air Mar19 shals may arrest and apprehend an individual sus20 pected of violating any Federal law relating to secu21 rity at airports or on board aircraft, including any

22 individual who violates a provision subject to a civil

23 penalty under section 46301, 46302, 46303, 46314,

24 46318, 46502, 46504, 46505, or 46507 of title 49,

25 or who commits an act described in section 46506
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1 of title 49, or who violates a provision subject to a

2 criminal penalty under sections 32 and 37 of title

3 18.

4 ‘‘(2) LIMITATION.—The powers granted to a

5 Deputy Federal Air Marshal shall be limited to en6 forcing Federal laws relating to security at airports

7 or on board aircraft.

8 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in this

9 section may be construed to—

10 ‘‘(1) grant any Federal Air Marshal or Deputy

11 Federal Air Marshal the power to enforce any Fed12 eral law that is not described in subsection (d); or

13 ‘‘(2) limit the authority that a Federal, State,

14 or local law enforcement officer may otherwise exer15 cise in the officer’s capacity under any other applica16 ble law.

17 ‘‘(f) REGULATIONS.—The Attorney General shall

18 promulgate such regulations as may be necessary to carry

19 out this section.

20 ‘‘(g) COST SHARING.—The costs of the program shall

21 be paid by—

22 ‘‘(1) the airlines in an amount not less than the

23 amount (as adjusted for inflation after the effective

24 date of this section) the airlines were paying for air-
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1 port security on the date before the effective date of

2 this section;

3 ‘‘(2) State and units of local government in an

4 amount not less than the amount (as adjusted for

5 inflation after the effective date of this section) the

6 States and units of local government were paying for

7 airport security on the date before the effective date

8 of this section; and

9 ‘‘(3) the Federal Government.

10 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 there are authorized to be appropriated to carry out

13 this section such sums as may be necessary.

14 ‘‘(2) LIMITATION.—The Federal share of car15 rying out this section shall be limited to the cost of

16 the program after payments by airlines and States

17 and units of local government pursuant to sub18 section (g).’’.

19 SEC. 3. REPEAL.

20 Section 44903 of title 49, United States Code, is re21 pealed.
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1 SEC. 4. EFFECTIVE DATE.

2 This Act and the amendments made by this Act shall

3 take effect 90 days after the date of enactment of this

4 Act.

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