In the House of Representatives, U. S.,

November 6, 2001.

Resolved, That the bill from the Senate (S. 1447) entitled ‘‘An Act to improve aviation security, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; AMENDMENTS TO TITLE 49,

2 UNITED STATES CODE; TABLE OF CONTENTS.

3 (a) SHORT TITLE.—This Act may be cited as the ‘‘Air4 port Security Federalization Act of 2001’’.

5 (b) AMENDMENTS TO TITLE 49, UNITED STATES

6 CODE.—Except as otherwise specifically provided, whenever

7 in this Act an amendment or repeal is expressed in terms

8 of an amendment to, or repeal of, a section or other provi9 sion of law, the reference shall be considered to be made

10 to a section or other provision of title 49, United States

11 Code.

12 (c) TABLE OF CONTENTS.—The table of contents for

13 this Act is as follows:

Sec. 1. Short title; amendments to title 49, United States Code; table of contents.

TITLE I—AVIATION SECURITY

Sec. 101. Transportation Security Administration.
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Sec. 102. Screening of passengers and property.

Sec. 103. Security programs.

Sec. 104. Employment standards and training.

Sec. 105. Deployment of Federal air marshals.

Sec. 106. Enhanced security measures.

Sec. 107. Criminal history record check for screeners and others.

Sec. 108. Passenger and baggage screening fee.

Sec. 109. Authorizations of appropriations.

Sec. 110. Limitation on liability for acts to thwart criminal violence or aircraft

piracy.

Sec. 111. Passenger manifests.

Sec. 112. Transportation security oversight board.

Sec. 113. Airport improvement programs.

Sec. 114. Technical corrections.

Sec. 115. Alcohol and controlled substance testing.

Sec. 116. Conforming amendments to subtitle VII.

Sec. 117. Savings provision.

Sec. 118. Budget submissions.

Sec. 119. Aircraft operations in enhanced class B airspace.

Sec. 120. Waivers for certain isolated communities.

Sec. 121. Assessments of threats to airports.

Sec. 122. Requirement to honor passenger tickets of other carriers.

Sec. 123. Sense of Congress on certain aviation matters.

TITLE II—VICTIMS COMPENSATION

Sec. 201. Limitation on liability for damages arising out of crashes of September

11, 2001.

1 TITLE I—AVIATION SECURITY

2 SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.

3 (a) IN GENERAL.—Chapter 1 is amended by adding

4 at the end the following:

5 ‘‘§ 114. Transportation Security Administration

6 ‘‘(a) IN GENERAL.—The Transportation Security Ad7 ministration shall be an administration of the Department

8 of Transportation.

9 ‘‘(b) UNDER SECRETARY.—

10 ‘‘(1) APPOINTMENT.—The head of the Adminis11 tration shall be the Under Secretary of Transpor12 tation for Security. The Under Secretary shall be ap-
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1 pointed by the President, by and with the advice and

2 consent of the Senate.

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

4 must—

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

6 ‘‘(B) have experience in a field directly re7 lated to transportation or security.

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

9 appointed as the Under Secretary shall be 5 years.

10 ‘‘(c) LIMITATION ON PECUNIARY INTERESTS.—The

11 Under Secretary may not have a pecuniary interest in, or

12 own stock in or bonds of, a transportation or security enter13 prise, or an enterprise that makes equipment that could be

14 used for security purposes.

15 ‘‘(d) FUNCTIONS.—

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

17 responsible for security in all modes of transpor18 tation, including—

19 ‘‘(A) carrying out chapter 449 relating to

20 civil aviation security; and

21 ‘‘(B) security responsibilities over nonavia22 tion modes of transportation that are exercised

23 by Administrations of the Department of Trans24 portation (other than the Federal Aviation Ad25 ministration).
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1 ‘‘(2) SCHEDULE FOR ASSUMPTION OF CIVIL AVIA2 TION SECURITY FUNCTIONS.—Not later than 3 months

3 after the date of enactment of this section, the Under

4 Secretary shall assume civil aviation security func5 tions and responsibilities under chapter 449 in ac6 cordance with a schedule to be developed by the Sec7 retary of Transportation, in consultation with air

8 carriers, foreign air carriers, and the Administrator

9 of the Federal Aviation Administration. The Under

10 Secretary shall publish an appropriate notice of the

11 transfer of such security functions and responsibilities

12 before assuming the functions and responsibilities.

13 ‘‘(3) ASSIGNMENT OF CONTRACTS.—Upon request

14 of the Under Secretary, an air carrier or foreign air

15 carrier carrying out a screening or security function

16 under chapter 449 may enter into an agreement with

17 the Under Secretary to transfer any contract the car18 rier has entered into with respect to carrying out such

19 function, before the Under Secretary assumes respon20 sibility of such function.

21 ‘‘(e) ADDITIONAL DUTIES AND POWERS.—In addition

22 to carrying out the functions specified in subsection (d), the

23 Under Secretary shall—

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

25 information related to transportation security;
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1 ‘‘(2) assess threats to transportation;

2 ‘‘(3) develop policies, strategies, and plans for

3 dealing with threats to transportation security;

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

5 security, including coordinating countermeasures

6 with appropriate departments, agencies, and instru7 mentalities of the United States Government;

8 ‘‘(5) serve as the primary liaison for transpor9 tation security to the intelligence and law enforce10 ment communities;

11 ‘‘(6) supervise all airport security and screening

12 services using Federal uniformed personnel;

13 ‘‘(7) on a day-to-day basis, manage and provide

14 operational guidance to the field security resources of

15 the Administration, including Federal Security Man16 agers as provided by section 44933;

17 ‘‘(8) enforce security-related regulations and re18 quirements;

19 ‘‘(9) identify and undertake research and devel20 opment activities necessary to enhance transportation

21 security;

22 ‘‘(10) inspect, maintain, and test security facili23 ties, equipment, and systems;

24 ‘‘(11) ensure the adequacy of security measures

25 for the transportation of cargo;
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1 ‘‘(12) oversee the implementation, and ensure the

2 adequacy, of security measures at airports and other

3 transportation facilities;

4 ‘‘(13) perform background checks for airport se5 curity screening personnel, individuals with

6 unescorted access to secure areas of airports, and

7 other transportation security personnel;

8 ‘‘(14) develop standards for the hiring and reten9 tion of security screening personnel;

10 ‘‘(15) train and test security screening personnel;

11 and

12 ‘‘(16) carry out such other duties, and exercise

13 such other powers, relating to transportation security

14 as the Under Secretary considers appropriate, to the

15 extent authorized by law.

16 ‘‘(f) ACQUISITIONS.—

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

18 authorized—

19 ‘‘(A) to acquire (by purchase, lease, con20 demnation, or otherwise) such real property, or

21 any interest therein, within and outside the con22 tinental United States, as the Under Secretary

23 considers necessary;

24 ‘‘(B) to acquire (by purchase, lease, con25 demnation, or otherwise) and to construct, re-
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1 pair, operate, and maintain such personal prop2 erty (including office space and patents), or any

3 interest therein, within and outside the conti4 nental United States, as the Under Secretary

5 considers necessary;

6 ‘‘(C) to lease to others such real and per7 sonal property and to provide by contract or oth8 erwise for necessary facilities for the welfare of

9 its employees and to acquire maintain and oper10 ate equipment for these facilities;

11 ‘‘(D) to acquire (by purchase, lease, con12 demnation, or otherwise) and to construct, re13 pair, operate, and maintain research and testing

14 sites and facilities; and

15 ‘‘(E) in cooperation with the Administrator

16 of the Federal Aviation Administration, to uti17 lize the research and development facilities of the

18 Federal Aviation Administration located in At19 lantic City, New Jersey.

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

21 therein acquired pursuant to this subsection shall be

22 held by the Government of the United States.

23 ‘‘(g) TRANSFERS OF FUNDS.—The Under Secretary is

24 authorized to accept transfers of unobligated balances and

25 unexpended balances of funds appropriated to other Federal
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1 agencies (as such term is defined in section 551(1) of title

2 5) to carry out functions transferred, on or after the date

3 of enactment of this section, by law to the Under Secretary.

4 ‘‘(h) REGULATIONS.—

5 ‘‘(1) IN GENERAL.—The Under Secretary is au6 thorized to issue, rescind, and revise such regulations

7 as are necessary to carry out the functions of the Ad8 ministration.

9 ‘‘(2) EMERGENCY PROCEDURES.—

10 ‘‘(A) IN GENERAL.—Notwithstanding any

11 other provision of law or executive order (includ12 ing an executive order requiring a cost-benefit

13 analysis) if the Under Secretary determines that

14 a regulation or security directive must be issued

15 immediately in order to protect transportation

16 security, the Under Secretary shall issue the reg17 ulation or security directive without providing

18 notice or an opportunity for comment and with19 out prior approval of the Secretary.

20 ‘‘(B) REVIEW BY TRANSPORTATION SECU21 RITY OVERSIGHT BOARD.—Any regulation or se22 curity directive issued under this paragraph

23 shall be subject to disapproval by the Transpor24 tation Security Oversight Board established

25 under section 44951. Any regulation or security
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1 directive issued under this paragraph shall re2 main effective until disapproved by the Board or

3 rescinded by the Under Secretary.

4 ‘‘(i) PERSONNEL AND SERVICES; COOPERATION BY

5 UNDER SECRETARY.—

6 ‘‘(1) AUTHORITY OF UNDER SECRETARY.—In

7 carrying out the functions of the Administration, the

8 Under Secretary shall have the same authority as is

9 provided to the Administrator of the Federal Aviation

10 Administration under subsections (l) and (m) of sec11 tion 106.

12 ‘‘(2) AUTHORITY OF AGENCY HEADS.—The head

13 of a Federal agency shall have the same authority to

14 provide services, supplies, equipment, personnel, and

15 facilities to the Under Secretary as the head has to

16 provide services, supplies, equipment, personnel, and

17 facilities to the Administrator of the Federal Aviation

18 Administration under section 106(m).

19 ‘‘(j) PERSONNEL MANAGEMENT SYSTEM.—The per20 sonnel management system established by the Adminis21 trator of the Federal Aviation Administration under section

22 40122 shall apply to employees of the Transportation Secu23 rity Administration, except that subject to the requirements

24 of such section, the Under Secretary may make such modi25 fications to the personnel management system with respect
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1 to such employees as the Under Secretary considers appro2 priate.

3 ‘‘(k) ACQUISITION MANAGEMENT SYSTEM.—The acqui4 sition management system established by the Administrator

5 of the Federal Aviation Administration under section 40110

6 shall apply to acquisitions of equipment and materials by

7 the Transportation Security Administration, except that

8 subject to the requirements of such section, the Under Sec9 retary may make such modifications to the acquisition

10 management system with respect to such acquisitions of

11 equipment and materials as the Under Secretary considers

12 appropriate.

13 ‘‘(l) AUTHORITY OF INSPECTOR GENERAL.—The

14 Transportation Security Administration shall be subject to

15 the Inspector General Act of 1978 (5 U.S.C. App.) and other

16 laws relating to the authority of the Inspector General of

17 the Department of Transportation.’’.

18 (b) CONFORMING AMENDMENT.—The analysis for

19 chapter 1 is amended by adding at the end the following:

‘‘114. Transportation Security Administration.’’.

20 (c) POSITION OF UNDER SECRETARY IN EXECUTIVE

21 SCHEDULE.—Section 5313 of title 5, United States Code,

22 is amended by adding at the end the following:

23 ‘‘The Under Secretary of Transportation for Se24 curity’’.
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1 (d) PERSONNEL OF OTHER AGENCIES.—The last sen2 tence of section 106(m) is amended by inserting ‘‘personnel

3 and’’ before ‘‘supplies and equipment’’.

4 (e) SECURITY AND RESEARCH AND DEVELOPMENT AC5 TIVITIES.—Section 40119 is amended—

6 (1) in subsection (a) by striking ‘‘Administrator

7 of the Federal Aviation Administration’’ and insert8 ing ‘‘Under Secretary of Transportation for Secu9 rity’’; and

10 (2) in subsections (b) and (c) by striking ‘‘Ad11 ministrator’’ each place it appears and inserting

12 ‘‘Under Secretary’’.

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

14 449 is amended—

15 (1) in section 44904(b)(5) by striking ‘‘the Ad16 ministration’’ and inserting ‘‘the Transportation Se17 curity Administration’’;

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

19 by striking ‘‘of the Administration’’ and inserting ‘‘of

20 the Transportation Security Administration’’;

21 (3) in section 44916(a)—

22 (A) in the first sentence by striking ‘‘Ad23 ministrator’’ and inserting ‘‘Under Secretary of

24 Transportation for Security’’; and
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1 (B) in the second sentence by striking ‘‘Ad2 ministration’’ and inserting ‘‘Transportation Se3 curity Administration’’;

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

5 striking ‘‘Assistant Administrator for Civil Aviation

6 Security’’ and inserting ‘‘Under Secretary’’;

7 (5) in section 44934(b)(1) by striking ‘‘Assistant

8 Administrator’’ and inserting ‘‘Under Secretary’’;

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

10 items relating to such sections in the analysis for such

11 chapter;

12 (7) by striking ‘‘Administrator’’ each place it

13 appears in such chapter (except in subsections (f) and

14 (h) of section 44936) and inserting ‘‘Under Sec15 retary’’;

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

17 appears in such chapter and inserting ‘‘Under Sec18 retary’s’’; and

19 (9) by striking ‘‘of the Federal Aviation Admin20 istration’’ each place it appears in such chapter (ex21 cept in section 44936(f)) and inserting ‘‘of Transpor22 tation for Security’’.

23 SEC. 102. SCREENING OF PASSENGERS AND PROPERTY.

24 Section 44901 of such title is amended—

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

2 (B) by striking ‘‘a weapon-detecting’’ and

3 all that follows through the period at the end of

4 the second sentence and inserting ‘‘persons and

5 procedures acceptable to the Under Secretary (or

6 the Administrator before responsibilities under

7 this subsection are assumed by the Under Sec8 retary).’’; and

9 (2) by adding at the end the following:

10 ‘‘(d) ASSUMPTION OF SCREENING FUNCTION BY

11 UNDER SECRETARY.—

12 ‘‘(1) IN GENERAL.—The responsibility for the

13 screening of passengers and property on passenger

14 aircraft in air transportation that originates in the

15 United States or intrastate air transportation that,

16 on the date of enactment of this subsection, was per17 formed by an employee or agent of an air carrier,

18 intrastate air carrier, or foreign air carrier shall be

19 assumed by the Under Secretary.

20 ‘‘(2) ADDITIONAL SCREENING AUTHORITY.—The

21 Under Secretary may perform any such additional

22 screening of passengers and property on passenger

23 aircraft in air transportation that originates in the

24 United States or intrastate air transportation that
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1 the Under Secretary deems necessary to enhance avia2 tion security.

3 ‘‘(e) SUPERVISION OF SCREENING.—All screening of

4 passengers and property at airports under this section shall

5 be supervised by uniformed Federal personnel of the Trans6 portation Security Administration who shall have the

7 power to order the dismissal of any individual performing

8 such screening.

9 ‘‘(f) LIMITATION ON RIGHT TO STRIKE.—An indi10 vidual that screens passengers or property, or both, at an

11 airport under this section may not participate in a strike,

12 or assert the right to strike, against the person (including

13 a governmental entity) employing such individual to per14 form such screening.

15 ‘‘(g) DEPUTIZATION OF AIRPORT SCREENING PER16 SONNEL.—The Under Secretary shall deputize, for enforce17 ment of such Federal laws as the Under Secretary deter18 mines appropriate, all airport screening personnel as Fed19 eral transportation security agents and shall ensure that

20 such agents operate under common standards and common

21 uniform, insignia, and badges. The authority to arrest an

22 individual may be exercised only by supervisory personnel

23 who are sworn, full-time law enforcement officers.’’.

24 SEC. 103. SECURITY PROGRAMS.

25 Section 44903(c) is amended—
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1 (1) in the first sentence of paragraph (1)—

2 (A) by striking ‘‘a law enforcement pres3 ence’’ and inserting ‘‘a law enforcement or mili4 tary presence’’; and

5 (B) by inserting after ‘‘at each of those air6 ports’’ the following: ‘‘and at each location at

7 those airports where passengers are screened’’;

8 and

9 (2) in paragraph (2)(C)(i) by striking ‘‘shall

10 issue an amendment to air carrier security programs

11 to require’’ and inserting ‘‘shall require’’.

12 SEC. 104. EMPLOYMENT STANDARDS AND TRAINING.

13 (a) EMPLOYMENT STANDARDS.—Section 44935(a) is

14 amended—

15 (1) in the first sentence by inserting ‘‘, personnel

16 who screen passengers and property,’’ after ‘‘air car17 rier personnel’’;

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

19 (4);

20 (3) by striking the period at the end of para21 graph (5) and inserting a semicolon; and

22 (4) by adding at the end the following:

23 ‘‘(6) a requirement that all personnel who screen

24 passengers and property be citizens of the United

25 States;
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1 ‘‘(7) a requirement that any private security

2 firm retained to provide airport security services be

3 owned and controlled by a citizen of the United

4 States, to the extent that the President determines

5 that there are firms owned and controlled by such

6 citizens;

7 ‘‘(8) minimum compensation levels, when appro8 priate;

9 ‘‘(9) a preference for the hiring of any indi10 vidual who is a member or former member of the

11 armed forces and who is entitled, under statute, to re12 tired, retirement, or retainer pay on account of serv13 ice as a member of the armed forces; and

14 ‘‘(10) a preference for the hiring of any indi15 vidual who is a former employee of an air carrier

16 and whose employment with the air carrier was ter17 minated as a result of a reduction in the workforce

18 of the air carrier.’’.

19 (b) FINAL RULES ESTABLISHING TRAINING STAND20 ARDS FOR SCREENERS.—Section 44935(e)(1) is amended

21 by striking ‘‘May 31, 2001’’ and inserting ‘‘6 months after

22 the date of enactment of the Airport Security Federalization

23 Act of 2001’’.
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1 (c) EMPLOYMENT STANDARDS FOR SCREENERS; UNI2 FORMS.—Section 44935 is amended by adding at the end

3 the following:

4 ‘‘(g) TRAINING FOR ALL SCREENERS, SUPERVISORS,

5 AND INSTRUCTORS.—

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

7 require any individual who screens passengers and

8 property pursuant to section 44901, and the super9 visors and instructors of such individuals, to have

10 satisfactorily completed all initial, recurrent, and ap11 propriate specialized training necessary to ensure

12 compliance with the requirements of this section.

13 ‘‘(2) ON-THE-JOB PORTION OF SCREENER’S

14 TRAINING.—Notwithstanding paragraph (1), the

15 Under Secretary may permit an individual, during

16 the on-the-job portion of training, to perform security

17 functions if the individual is closely supervised and

18 does not make independent judgments as to whether

19 persons or property may enter secure areas or air20 craft or whether cargo may be loaded aboard aircraft

21 without further inspection.

22 ‘‘(3) EFFECT OF SCREENER’S FAILURE OF OPER23 ATION TEST.—The Under Secretary may not allow an

24 individual to perform a screening function after the

25 individual has failed an operational test related to
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1 that function until the individual has successfully

2 completed remedial training.

3 ‘‘(h) UNIFORMS.—The Under Secretary shall require

4 any individual who screens passengers and property pursu5 ant section 44901 to be attired in a uniform, approved by

6 the Under Secretary, while on duty.’’.

7 (d) INTERIM EMPLOYMENT STANDARDS FOR SCREEN8 ING PERSONNEL.—In the period beginning 30 days after

9 the date of the enactment of this Act and ending on the

10 first date that a final rule issued by the Under Secretary

11 of Transportation for Security under section 44935(e)(1) of

12 title 49, United States Code, takes effect, the following re13 quirements shall apply to an individual who screens pas14 sengers and property pursuant to section 44901 of such title

15 (in this subsection referred to as a ‘‘screener’’):

16 (1) EDUCATION.—A screener shall have a high

17 school diploma, a general equivalency diploma, or a

18 combination of education and experience that the

19 Under Secretary has determined to have equipped the

20 individual to perform the duties of the screening posi21 tion.

22 (2) BASIC APTITUDES AND PHYSICAL ABILI23 TIES.—A screener shall have basic aptitudes and

24 physical abilities (including color perception, visual
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1 and aural acuity, physical coordination, and motor

2 skills) and shall have—

3 (A) the ability to identify the components

4 that may constitute an explosive or an incen5 diary device;

6 (B) the ability to identify objects that ap7 pear to match those items described in all cur8 rent regulations, security directives, and emer9 gency amendments;

10 (C) for screeners operating X-ray and explo11 sives detection system equipment, the ability to

12 distinguish on the equipment monitors the ap13 propriate images;

14 (D) for screeners operating any screening

15 equipment, the ability to distinguish each color

16 displayed on every type of screening equipment

17 and explain what each color signifies;

18 (E) the ability to hear and respond to the

19 spoken voice and to audible alarms generated by

20 screening equipment in an active checkpoint or

21 other screening environment;

22 (F) for screeners performing manual

23 searches or other related operations, the ability

24 to efficiently and thoroughly manipulate and
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1 handle such baggage, containers, cargo, and other

2 objects subject to security processing;

3 (G) for screeners performing manual

4 searches of cargo, the ability to use tools that

5 allow for opening and closing boxes, crates, or

6 other common cargo packaging;

7 (H) for screeners performing screening of

8 cargo, the ability to stop the transfer of suspect

9 cargo to passenger air carriers;

10 (I) for screeners performing pat-down or

11 hand-held metal detector searches of persons, suf12 ficient dexterity and capability to thoroughly

13 conduct those procedures over a person’s entire

14 body; and

15 (J) the ability to demonstrate daily a fit16 ness for duty without any impairment due to il17 legal drugs, sleep deprivation, medication, or al18 cohol.

19 (3) COMMAND OF ENGLISH LANGUAGE.—A

20 screener shall be able to read, speak, write, and un21 derstand the English language well enough to—

22 (A) carry out written and oral instructions

23 regarding the proper performance of screening

24 duties;
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1 (B) read English language identification

2 media, credentials, airline tickets, documents, air

3 waybills, invoices, and labels on items normally

4 encountered in the screening process;

5 (C) provide direction to and understand

6 and answer questions from English-speaking per7 sons undergoing screening or submitting cargo

8 for screening; and

9 (D) write incident reports and statements

10 and log entries into security records in the

11 English language.

12 SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

13 (a) IN GENERAL.—Subchapter I of chapter 449 is

14 amended by adding at the end the following:

15 ‘‘§ 44917. Deployment of Federal air marshals

16 ‘‘(a) IN GENERAL.—The Under Secretary of Transpor17 tation for Security under the authority provided by section

18 44903(d) shall—

19 ‘‘(1) provide for deployment of Federal air mar20 shals on selected passenger flights of air carriers in

21 air transportation or intrastate air transportation;

22 ‘‘(2) provide for appropriate background and fit23 ness checks for candidates for appointment as Federal

24 air marshals;
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1 ‘‘(3) provide for appropriate training, super2 vision, and equipment of Federal air marshals at the

3 facility of the Federal Aviation Administration in

4 New Jersey;

5 ‘‘(4) require air carriers providing flights de6 scribed in paragraph (1) to provide seating for a Fed7 eral air marshal on any such flight without regard to

8 the availability of seats on the flight and at no cost

9 to the United States Government or the marshal;

10 ‘‘(5) require air carriers to provide, on a space11 available basis, to an off-duty Federal air marshal a

12 seat on a flight to the airport nearest the marshal’s

13 home at no cost to the marshal or the United States

14 Government if the marshal is traveling to that air15 port after completing his or her security duties; and

16 ‘‘(6) provide, in choosing among applicants for

17 a position as a Federal air marshal, a preference for

18 the hiring of a pilot of an air carrier whose employ19 ment with the air carrier was terminated as a result

20 of a reduction in the workforce of the air carrier if

21 the pilot is otherwise qualified for the position.

22 ‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPORTATION.—

23 The Under Secretary shall work with appropriate aero24 nautic authorities of foreign governments under section
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1 44907 to address security concerns on passenger flights in

2 foreign air transportation.

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

4 completes implementation of subsection (a), the Under Sec5 retary may use, after consultation with and concurrence of

6 the heads of other Federal agencies and departments, per7 sonnel from those agencies and departments, on a non8 reimbursable basis, to provide air marshal service.’’.

9 (b) CONFORMING AMENDMENT.—The analysis for

10 chapter 449 is amended by adding after the item relating

11 to section 44916 the following:

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

12 (c) BASIC PAY DEFINED.—Section 8331(3)(E) of title

13 5, United States Code, is amended to read as follows:

14 ‘‘(E) availability pay—

15 ‘‘(i) received by a criminal investigator

16 under section 5545a of this title; or

17 ‘‘(ii) received after September 11, 2001,

18 by a Federal air marshal of the Department

19 of Transportation;’’.

20 SEC. 106. ENHANCED SECURITY MEASURES.

21 (a) IN GENERAL.—Subchapter I of chapter 449 is fur22 ther amended by adding at the end the following:
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1 ‘‘§ 44918. Enhanced security measures

2 ‘‘(a) IN GENERAL.—To the extent the Under Secretary

3 of Transportation for Security determines appropriate, the

4 Under Secretary shall take the following actions:

5 ‘‘(1) After consultation with the Administrator of

6 the Federal Aviation Administration, develop proce7 dures and authorize equipment for pilots and other

8 members of the flight crew to use to defend an aircraft

9 against acts of criminal violence or aircraft piracy.

10 ‘‘(2) After consultation with the Administrator,

11 develop and implement methods to—

12 ‘‘(A) restrict the opening of a cockpit door

13 during a flight;

14 ‘‘(B) fortify cockpit doors to deny access

15 from the cabin to the cockpit;

16 ‘‘(C) use video monitors or other devices to

17 alert pilots in the cockpit to activity in the

18 cabin; and

19 ‘‘(D) ensure continuous operation of an air20 craft transponder in the event of an emergency.

21 ‘‘(3) Impose standards for the screening or in22 spection of persons and vehicles having access to se23 cure areas of an airport.

24 ‘‘(4) Require effective 911 emergency call capa25 bility for telephones serving passenger aircraft and

26 passenger trains.
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1 ‘‘(5) Provide for the use of voice stress analysis

2 or other technologies to prevent a person who might

3 pose a danger to air safety or security from boarding

4 the aircraft of an air carrier or foreign air carrier in

5 air transportation or intrastate air transportation.

6 ‘‘(6) Develop standards and procedures for the

7 issuance, renewal, and revocation of a certificate of

8 qualification for individuals who screen passengers

9 and property at an airport.

10 ‘‘(7) Establish performance goals for individuals

11 described in paragraph (6), provide for the use of

12 threat image projection or similar devices to test such

13 individuals, and establish procedures to revoke the

14 certification of such individuals if the individuals fail

15 to maintain a required level of proficiency.

16 ‘‘(8) In consultation with air carriers and other

17 government agencies, establish policies and procedures

18 requiring air carriers to use information from govern19 ment agencies to identify individuals on passenger

20 lists who may be a threat to civil aviation and, if

21 such an individual is identified, to notify appropriate

22 law enforcement agencies and prohibit the individual

23 from boarding an aircraft.

24 ‘‘(9) Provide for the enhanced use of computer

25 profiling to more effectively screen passengers and
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1 property that will be carried in the cabin of an air2 craft.

3 ‘‘(10) Provide for the use of electronic technology

4 that positively verifies the identity of each employee

5 and law enforcement officer who enters a secure area

6 of an airport.

7 ‘‘(11) After consultation with the Administrator,

8 provide for the installation of switches in an aircraft

9 cabin to enable flight crews to discreetly notify the pi10 lots in the case of a security breach occurring in the

11 cabin.

12 ‘‘(12) Update training procedures used by the

13 Federal Aviation Administration, law enforcement

14 agencies, air carriers, and flight crews during hijack15 ings to include measures relating to suicidal hijackers

16 and other extremely dangerous events not currently

17 described in the training procedures.

18 ‘‘(13) Provide for background checks of individ19 uals seeking instruction (including training through

20 the use of flight simulators) in flying aircraft that has

21 a minimum certificated takeoff weight of more than

22 12,500 pounds.

23 ‘‘(14) Enter into agreements with Federal, State,

24 and local agencies under which appropriately-trained

25 law enforcement personnel from such agencies, when
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1 traveling on a flight of an air carrier, will carry a

2 firearm and be prepared to assist Federal air mar3 shals.

4 ‘‘(15) Require more thorough background checks

5 of persons described in subparagraphs (A), (B)(i),

6 and (B)(ii) of section 44936(a) and paragraph (13)

7 of this subsection, including a review of immigration

8 records, law enforcement databases, and records of

9 other government and international agencies to help

10 determine whether the person may be a threat to civil

11 aviation.

12 ‘‘(16) Establish a uniform system of identifica13 tion for all State and local law enforcement personnel

14 for use in obtaining permission to carry weapons in

15 aircraft cabins and in obtaining access to a secured

16 area of an airport.

17 ‘‘(17) Establish requirements under which air

18 carriers, under the supervision of the Under Sec19 retary, could implement trusted passenger programs

20 and use available technologies to expedite the security

21 screening of passengers who participate in such pro22 grams, thereby allowing security screening personnel

23 to focus on those passengers who should be subject to

24 more extensive screening.
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1 ‘‘(18) In consultation with the Commissioner of

2 Food and Drugs, develop security procedures under

3 which a medical product to be transported on a flight

4 of an air carrier would not be subject to manual or

5 x-ray inspection if conducting such an inspection

6 would irreversibly damage the product.

7 ‘‘(19) Develop security procedures to allow pas8 sengers transporting a musical instrument on a flight

9 of an air carrier to transport the instrument in the

10 passenger cabin of the aircraft, notwithstanding any

11 size or other restriction on carry-on baggage but sub12 ject to such other reasonable terms and conditions as

13 may be established by the Under Secretary or the air

14 carrier, including imposing additional charges by the

15 air carrier.

16 ‘‘(20) Provide for the use of wireless and wire

17 line data technologies enabling the private and secure

18 communication of threats to aid in the screening of

19 passengers and other individuals on airport property

20 who are identified on any State or Federal security21 related data base for the purpose of having an inte22 grated response coordination of various authorized

23 airport security forces.

24 ‘‘(b) AIRWORTHINESS OBJECTIONS BY FAA.—
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1 ‘‘(1) IN GENERAL.—The Under Secretary shall

2 not take an action under subsection (a) if the Admin3 istrator notifies the Under Secretary that the action

4 could adversely affect the airworthiness of an aircraft.

5 ‘‘(2) REVIEW BY SECRETARY.—Notwithstanding

6 paragraph (1), the Under Secretary may take an ac7 tion under subsection (a), after receiving a notifica8 tion concerning the action from the Administrator

9 under paragraph (1), if the Secretary of Transpor10 tation subsequently approves the action.

11 ‘‘(c) VIEW OF NTSB.—In taking any action under

12 subsection (a) that could affect safety, the Under Secretary

13 shall solicit and give great weight to the views of the Na14 tional Transportation Safety Board.

15 ‘‘(d) PROPERTY SECURITY PROGRAM.—

16 ‘‘(1) CHECKED BAGGAGE.—

17 ‘‘(A) FINAL DEADLINE FOR SCREENING.—A

18 system must be in operation to screen all checked

19 baggage at all airports in the United States no

20 later than December 31, 2003.

21 ‘‘(B) USE OF EXPLOSIVE DETECTION EQUIP22 MENT.—The Under Secretary shall ensure that

23 explosive detection equipment installed at air24 ports to screen checked baggage is used to the

25 maximum extent possible.
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1 ‘‘(C) INSTALLATION OF ADDITIONAL EXPLO2 SIVE DETECTION EQUIPMENT.—The Under Sec3 retary shall install additional explosive detection

4 equipment at airports as soon as possible to en5 sure that all checked baggage is screened before

6 being placed in an aircraft.

7 ‘‘(D) INTERIM BAG-MATCH PROGRAMS.—

8 Until the Under Secretary has installed enough

9 explosive detection equipment at airports to en10 sure that all checked baggage is screened, the

11 Under Secretary shall require air carriers to im12 plement bag-match programs that ensure that no

13 checked baggage is placed in an aircraft unless

14 the passenger who checks the baggage is aboard

15 the aircraft.

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

17 operation to screen all cargo that is to be transported

18 in passenger aircraft in air transportation and intra19 state air transportation as soon as practicable after

20 the date of enactment of this paragraph.

21 ‘‘(e) LIMITATION ON CERTAIN ACTIONS.—The Sec22 retary of Transportation shall not take any action to pre23 vent a pilot of an air carrier from taking a firearm into

24 the cockpit of the aircraft if the policy of the air carrier

25 permits its pilots to be armed and the pilot has successfully
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1 completed a training program for the carriage of firearms

2 aboard aircraft that is acceptable to the Under Secretary.

3 ‘‘(f) REPORT.—Not later than 6 months after the date

4 of enactment of this section, and annually thereafter until

5 the Under Secretary determines whether or not to take each

6 of the actions specified in subsection (a), the Under Sec7 retary shall transmit to Congress a report on the progress

8 of the Under Secretary in evaluating and taking such ac9 tions, including any legislative recommendations that the

10 Under Secretary may have for enhancing transportation se11 curity, and on the progress the Under Secretary is making

12 in carrying out subsection (d).’’.

13 (b) CONFORMING AMENDMENT.—The analysis for

14 chapter 449 is amended by inserting after the item relating

15 to section 44917 the following:

‘‘44918. Enhanced security measures.’’.

16 (c) REPEAL OF EXISTING REPORTING REQUIRE17 MENT.—

18 (1) IN GENERAL.—Section 44938 is amended—

19 (A) in the section heading by striking ‘‘RE20 PORTS’’ and inserting ‘‘REPORT’’; and

21 (B) by striking ‘‘(a) TRANSPORTATION SE22 CURITY.—’’ and all that follows through ‘‘(b)

23 SCREENING AND FOREIGN AIR CARRIER AND

24 AIRPORT SECURITY.—The Administrator’’ and
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1 inserting ‘‘The Under Secretary of Transpor2 tation for Security’’.

3 (2) CHAPTER ANALYSIS.—The analysis for chap4 ter 449 is amended by striking the item relating sec5 tion 44938 and inserting the following:

‘‘44938. Report.’’.

6 SEC. 107. CRIMINAL HISTORY RECORD CHECK FOR SCREEN7 ERS AND OTHERS.

8 Section 44936(a) is amended—

9 (1) in paragraph (1)(E)(iv)(II) by striking the

10 period at the end and inserting ‘‘; except that at such

11 an airport, the airport operator, air carriers, and cer12 tified screening companies may elect to implement the

13 requirements of this subparagraph in advance of the

14 effective date if the Under Secretary (or the Adminis15 trator of the Federal Aviation Administration before

16 the transfer of civil aviation security responsibilities

17 to the Under Secretary) approves of such early imple18 mentation and if the airport operator, air carriers,

19 and certified screening companies amend their secu20 rity programs to conform those programs to the re21 quirements of this subparagraph.’’;

22 (2) by adding at the end of paragraph (1) the

23 following:

24 ‘‘(G) BACKGROUND CHECKS OF CURRENT

25 EMPLOYEES.—A background check (including a
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1 criminal history record check and a review of

2 available law enforcement data bases and records

3 of other governmental and international agen4 cies) shall be required for any individual who

5 currently has unescorted access to an aircraft of

6 an air carrier or foreign air carrier, unescorted

7 access to a secured area of an airport in the

8 United States that serves an air carrier or for9 eign air carrier, or is responsible for screening

10 passengers or property, or both, unless that indi11 vidual was subject to such a background check

12 before the individual began his or her current

13 employment or is exempted from such a check

14 under section 107.31(m) of title 14, Code of Fed15 eral Regulations.’’; and

16 (3) in paragraph (2)—

17 (A) by striking ‘‘or airport operator’’ and

18 inserting ‘‘airport operator, or certificated

19 screening company’’; and

20 (B) by adding at the end the following: ‘‘In

21 this paragraph, the term ‘certificated screening

22 company’ means a screening company to which

23 the Under Secretary has issued a screening com24 pany certificate authorizing the screening com25 pany to provide security screening.’’.
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1 SEC. 108. PASSENGER AND BAGGAGE SCREENING FEE.

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

3 amended by adding at the end the following:

4 ‘‘§ 44939. Passenger and baggage screening fee

5 ‘‘(a) GENERAL AUTHORITY.—

6 ‘‘(1) PASSENGER FEES.—The Under Secretary of

7 Transportation for Security shall impose a fee, on

8 passengers of air carriers and foreign air carriers in

9 air transportation and intrastate air transportation

10 originating at airports in the United States, to pay

11 for the costs of the screening of passengers and prop12 erty pursuant to section 44901(d). Such costs shall be

13 limited to the salaries and benefits of screening per14 sonnel and their direct supervisors, training of screen15 ing personnel, and acquisition, operation, and main16 tenance of equipment used by screening personnel and

17 shall be determined by the Under Secretary.

18 ‘‘(2) AIR CARRIER FEES.—

19 ‘‘(A) AUTHORITY.—In addition to the fee

20 imposed pursuant to paragraph (1), and only to

21 the extent that such fee is insufficient to pay for

22 the costs of the screening of passengers and prop23 erty pursuant to section 44901(d), the Under

24 Secretary may impose a fee on air carriers to

25 pay for the difference between any such costs and

26 the amount collected from such fee.
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1 ‘‘(B) LIMITATION.—The amounts of fees col2 lected under this paragraph may not exceed, in

3 the aggregate, the amounts paid in calendar year

4 2000 by air carriers for screening activities de5 scribed in paragraph (1) as determined by the

6 Under Secretary.

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

8 subsection (a), the Under Secretary shall ensure that the

9 fees are reasonably related to the Transportation Security

10 Administration’s costs of providing services rendered.

11 ‘‘(c) LIMITATION ON FEE.—Fees imposed under sub12 section (a)(1) may not exceed $2.50 on a 1-way trip in air

13 transportation or intrastate air transportation that origi14 nates at an airport in the United States.

15 ‘‘(d) IMPOSITION OF FEE.—

16 ‘‘(1) IN GENERAL.—Notwithstanding section

17 9701 of title 31 and the procedural requirements of

18 section 553 of title 5, the Under Secretary shall im19 pose the fee under subsection (a)(1), and may impose

20 a fee under subsection (a)(2), through the publication

21 of notice of such fee in the Federal Register and begin

22 collection of the fee within 60 days of the date of en23 actment of this Act, or as soon as possible thereafter.

24 ‘‘(2) SUBSEQUENT MODIFICATION OF FEE.—After

25 imposing a fee in accordance with paragraph (1), the
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1 Under Secretary may modify, from time to time

2 through publication of notice in the Federal Register,

3 the imposition or collection of such fee, or both.

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

5 be collected under this section, except to the extent

6 that expenditure of such fee to pay the costs of activi7 ties and services for which the fee is imposed is pro8 vided for in advance in an appropriations Act.

9 ‘‘(e) ADMINISTRATION OF FEES.—

10 ‘‘(1) FEES PAYABLE TO UNDER SECRETARY.—All

11 fees imposed and amounts collected under this section

12 are payable to the Under Secretary.

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

14 imposed under subsection (a)(1) shall be collected by

15 the air carrier or foreign air carrier providing the

16 transportation described in subsection (a)(1).

17 ‘‘(3) DUE DATE FOR REMITTANCE.—A fee col18 lected under this section shall be remitted on the last

19 day of each calendar month by the carrier collecting

20 the fee. The amount to be remitted shall be for the cal21 endar month preceding the calendar month in which

22 the remittance is made.

23 ‘‘(4) INFORMATION.—The Under Secretary may

24 require the provision of such information as the

25 Under Secretary decides is necessary to verify that
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1 fees have been collected and remitted at the proper

2 times and in the proper amounts.

3 ‘‘(f) RECEIPTS CREDITED AS OFFSETTING COLLEC4 TIONS.—Notwithstanding section 3302 of title 31, any fee

5 collected under this section—

6 ‘‘(1) shall be credited as offsetting collections to

7 the account that finances the activities and services

8 for which the fee is imposed;

9 ‘‘(2) shall be available for expenditure only to

10 pay the costs of activities and services for which the

11 fee is imposed; and

12 ‘‘(3) shall remain available until expended.

13 ‘‘(g) REFUNDS.—The Under Secretary may refund

14 any fee paid by mistake or any amount paid in excess of

15 that required.’’.

16 (b) CONFORMING AMENDMENT.—The analysis for

17 chapter 449 is amended by adding after the item relating

18 to section 44938 the following:

‘‘44939. Passenger and baggage screening fee.’’.

19 (c) EXEMPTIONS.—Section 44915 is amended by strik20 ing ‘‘and 44936’’ and inserting ‘‘44936, and 44939’’.

21 SEC. 109. AUTHORIZATIONS OF APPROPRIATIONS.

22 (a) IN GENERAL.—Subchapter II of chapter 449 is fur23 ther amended by adding at the end the following:
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1 ‘‘§ 44940. Authorizations of appropriations

2 ‘‘(a) OPERATIONS OF TRANSPORTATION SECURITY AD3 MINISTRATION.—There are authorized to be appropriated

4 such sums as may be necessary for the operations of the

5 Transportation Security Administration, including the

6 functions of the Administration under section 44901(d) if

7 the fees imposed under section 44939 are insufficient to

8 cover the costs of such functions.

9 ‘‘(b) GRANTS FOR AIRCRAFT SECURITY.—There is au10 thorized to be appropriated $500,000,000 for the Secretary

11 of Transportation to make grants to air carriers to—

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

13 cabin to the pilots in the cockpit;

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

15 other devices to alert the cockpit crew to activity in

16 the passenger cabin;

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

18 transponder in the event the crew faces an emergency;

19 and

20 ‘‘(4) provide for the use of other innovative tech21 nologies to enhance aircraft security.

22 ‘‘(c) AIRPORT SECURITY.—

23 ‘‘(1) IN GENERAL.—There is authorized to be ap24 propriated to the Secretary for fiscal years 2002 and

25 2003 a total of $1,500,000,000 to reimburse airport

26 operators for direct costs incurred by such operators
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1 to comply with new, additional, or revised security

2 requirements imposed on such operators by the Fed3 eral Aviation Administration or Transportation Se4 curity Administration on or after September 11,

5 2001. Such sums shall remain available until ex6 pended.

7 ‘‘(2) CONDITIONS.—Before providing financial

8 assistance to an airport operator with funds appro9 priated pursuant to paragraph (1), the Secretary

10 shall require the operator to provide assurances that

11 the operator will—

12 ‘‘(A) meet with the tenants of the airport

13 (other than air carriers and foreign air carriers)

14 to discuss adjustments of the rent of the tenants

15 to account for losses in revenue incurred by the

16 tenants on and after September 11, 2001; and

17 ‘‘(B) provide to the Secretary an itemized

18 list of costs incurred by the operator to comply

19 with the security requirements described in para20 graph (1), including costs relating to landing

21 fees, automobile parking revenues, rental cars,

22 restaurants, and gift shops.’’.

23 (b) CONFORMING AMENDMENT.—The analysis for

24 chapter 449 is amended by adding after the item relating

25 to section 44939 the following:

‘‘44940. Authorizations of appropriations.’’.
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1 SEC. 110. LIMITATION ON LIABILITY FOR ACTS TO THWART

2 CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.

3 Section 44903 is amended by adding at the end the

4 following:

5 ‘‘(h) LIMITATION ON LIABILITY FOR ACTS TO THWART

6 CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.—An indi7 vidual shall not be liable for damages in any action brought

8 in a Federal or State court arising out of the acts of the

9 individual in attempting to thwart an act of criminal vio10 lence or piracy on an aircraft if that individual in good

11 faith believed that such an act of criminal violence or pi12 racy was occurring or was about to occur.’’.

13 SEC. 111. PASSENGER MANIFESTS.

14 Section 44909 is amended by adding at the end the

15 following:

16 ‘‘(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO

17 THE UNITED STATES.—

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

19 the date of enactment of this subsection, the Under

20 Secretary of Transportation for Security shall require

21 each air carrier and foreign air carrier operating a

22 passenger flight in foreign air transportation to the

23 United States to provide to the Under Secretary by

24 electronic transmission a passenger and crew mani25 fest containing the information specified in para26 graph (2).
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1 ‘‘(2) INFORMATION.—A passenger and crew

2 manifest for a flight required under paragraph (1)

3 shall contain the following information:

4 ‘‘(A) The full name of each passenger and

5 crew member.

6 ‘‘(B) The date of birth and citizenship of

7 each passenger and crew member.

8 ‘‘(C) The sex of each passenger and crew

9 member.

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

11 issuance of each passenger and crew member if

12 required for travel.

13 ‘‘(E) The United States visa number or

14 resident alien card number of each passenger

15 and crew member, as applicable.

16 ‘‘(F) The passenger name record of each

17 passenger.

18 ‘‘(G) Such other information as the Under

19 Secretary, by regulation, determines is reason20 ably necessary to ensure aviation safety.

21 ‘‘(3) TRANSMISSION OF MANIFEST.—Subject to

22 paragraph (4), a passenger and crew manifest re23 quired for a flight under paragraph (1) shall be

24 transmitted to the Under Secretary in advance of the
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1 aircraft landing in the United States in such manner,

2 time, and form as the Under Secretary prescribes.

3 ‘‘(4) TRANSMISSION OF MANIFESTS TO OTHER

4 FEDERAL AGENCIES.—The Under Secretary may re5 quire by regulation that a passenger and crew mani6 fest required for a flight under paragraph (1) be

7 transmitted directly to the head of another Federal

8 agency.’’.

9 SEC. 112. TRANSPORTATION SECURITY OVERSIGHT BOARD.

10 (a) IN GENERAL.—Chapter 449 is amended by adding

11 at the end the following:

12 ‘‘SUBCHAPTER III—TRANSPORTATION SECURITY

13 OVERSIGHT BOARD

14 ‘‘§ 44951. Transportation Security Oversight Board

15 ‘‘(a) IN GENERAL.—There is established a board to be

16 known as a ‘Transportation Security Oversight Board’.

17 ‘‘(b) MEMBERSHIP.—

18 ‘‘(1) NUMBER AND APPOINTMENT.—The Board

19 shall be composed of 5 members as follows:

20 ‘‘(A) The Secretary of Transportation (or

21 the Secretary’s designee).

22 ‘‘(B) The Attorney General (or the Attorney

23 General’s designee).

24 ‘‘(C) The Secretary of the Treasury (or the

25 Secretary’s designee).
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1 ‘‘(D) The Secretary of Defense (or the Sec2 retary’s designee).

3 ‘‘(E) One member appointed by the Presi4 dent to represent the National Security Council

5 or the Office of Homeland Security.

6 ‘‘(2) CHAIRPERSON.—The Chairperson of the

7 Board shall be the Secretary of Transportation.

8 ‘‘(c) DUTIES.—The Board shall—

9 ‘‘(1) review and ratify or disapprove any regula10 tion or security directive issued by the Under Sec11 retary of Transportation for security under section

12 114(h)(2) within 30 days after the date of issuance of

13 such regulation or directive;

14 ‘‘(2) share intelligence information with the

15 Under Secretary;

16 ‘‘(3) review—

17 ‘‘(A) plans for transportation security;

18 ‘‘(B) standards established for performance

19 of airport security screening personnel;

20 ‘‘(C) compensation being paid to airport se21 curity screening personnel;

22 ‘‘(D) procurement of security equipment;

23 ‘‘(E) selection, performance, and compensa24 tion of senior executives in the Transportation

25 Security Administration;
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1 ‘‘(F) waivers granted by the Under Sec2 retary under section 120 of the Airport Security

3 Federalization Act of 2001 and may ratify or

4 disapprove such waivers; and

5 ‘‘(G) budget requests of the Under Secretary;

6 and

7 ‘‘(4) make recommendations to the Under Sec8 retary regarding matters reviewed under paragraph

9 (3).

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

11 at least quarterly.

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

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

14 Board to the public when classified, sensitive security infor15 mation, or information protected in accordance with section

16 40119(b), will be discussed.

17 ‘‘§ 44952. Advisory council

18 ‘‘(a) ESTABLISHMENT.—The Under Secretary of

19 Transportation for Security shall establish an advisory

20 council to be known as the ‘Transportation Security Advi21 sory Council’.

22 ‘‘(b) MEMBERSHIP.—The Council shall be composed of

23 members appointed by the Under Secretary to represent all

24 modes of transportation, transportation labor, screening

25 companies, organizations representing families of victims
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1 of transportation disasters, and other entities affected or in2 volved in the transportation security process.

3 ‘‘(c) DUTIES.—The Council shall provide advice and

4 counsel to the Under Secretary on issues which affect or

5 are affected by the operations of the Transportation Secu6 rity Administration. The Council shall function as a re7 source for management, policy, spending, and regulatory

8 matters under the jurisdiction of the Transportation Secu9 rity Administration.

10 ‘‘(d) ADMINISTRATIVE MATTERS.—

11 ‘‘(1) MEETINGS.—The Council shall meet on a

12 regular and periodic basis or at the call of the Chair13 person or the Under Secretary.

14 ‘‘(2) ACCESS TO DOCUMENTS AND STAFF.—The

15 Under Secretary may give the Council appropriate

16 access to relevant documents and personnel of the Ad17 ministration, and the Under Secretary shall make

18 available, consistent with the authority to withhold

19 commercial and other proprietary information under

20 section 552 of title 5 (commonly known as the ‘Free21 dom of Information Act’), cost data associated with

22 the acquisition and operation of security screening

23 equipment. Any member of the Council who receives

24 commercial or other proprietary data from the Under

25 Secretary shall be subject to the provisions of section
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1 1905 of title 18, pertaining to unauthorized disclosure

2 of such information.

3 ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.—

4 The Council shall elect a Chairperson and a Vice

5 Chairperson from among the members, each of whom

6 shall serve for a term of 2 years. The Vice Chair7 person shall perform the duties of the Chairperson in

8 the absence of the Chairperson.

9 ‘‘(4) TRAVEL AND PER DIEM.—Each member of

10 the Council shall be paid actual travel expenses, and

11 per diem in lieu of subsistence expenses when away

12 from his or her usual place of residence, in accord13 ance with section 5703 of title 5.

14 ‘‘(5) DETAIL OF PERSONNEL FROM THE ADMINIS15 TRATION.—The Under Secretary shall make available

16 to the Council such staff, information, and adminis17 trative services and assistance as may reasonably be

18 required to enable the Council to carry out its respon19 sibilities under this section.

20 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT NOT TO

21 APPLY.—The Federal Advisory Committee Act (5 U.S.C.

22 App.) does not apply to the Council.’’.

23 (b) CONFORMING AMENDMENT.—The analysis for

24 chapter 449 is amended by adding at the end the following:
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1 ‘‘SUBCHAPTER III—TRANSPORTATION SECURITY

2 OVERSIGHT BOARD

‘‘44951. Transportation Security Oversight Board.

‘‘44952. Advisory council.’’.

3 SEC. 113. AIRPORT IMPROVEMENT PROGRAMS.

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

5 amended—

6 (1) by redesignating paragraph (3) as para7 graph (4); and

8 (2) by inserting after paragraph (2) the fol9 lowing:

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

11 This subsection does not apply to any passenger facil12 ity fee approved, or grant made, in fiscal year 2002

13 if the fee or grant is to be used to improve security

14 at a covered airport.’’.

15 (b) AIRPORT DEVELOPMENT DEFINED.—Section

16 47102(3) is amended by adding at the end the following:

17 ‘‘(J) hiring, training, compensating, or re18 imbursement for law enforcement personnel at a

19 non-hub or small hub airport (as defined in sec20 tion 41731).

21 ‘‘(K) in fiscal year 2002, any activity, in22 cluding operational activities, of an airport that

23 is not a primary airport if that airport is lo24 cated within the confines of enhanced class B
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1 airspace, as defined by Notice to Airmen FDC 1/

2 0618 issued by the Federal Aviation Administra3 tion.

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

5 service on indebtedness incurred to carry out a

6 project at an airport owned or controlled by the

7 sponsor or at a privately owned or operated air8 port passenger terminal financed by indebtedness

9 incurred by the sponsor if the Secretary deter10 mines that such payments are necessary to pre11 vent a default on the indebtedness.’’.

12 (c) REIMBURSEMENT FOR PAST EXPENSES.—Section

13 47110(b)(2) is amended—

14 (1) by striking ‘‘or’’ at the end of subparagraph

15 (B);

16 (2) by inserting after the semicolon at the end of

17 the subparagraph (C)(iii) ‘‘or’’; and

18 (3) by inserting at the end the following:

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

20 2001, for a project described in subparagraphs (J),

21 (K), or (L) of section 47102(3) without regard to the

22 date of execution of a grant agreement under this sub23 chapter.’’.

24 (d) FEDERAL SHARE.—Section 47109(a) is

25 amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (3);

3 (2) by striking the period at the end of para4 graph (4) and inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(5) 100 percent for a project described in sub7 paragraphs (J), (K), or (L) of section 47102(3).’’.

8 (e) CONFORMING AMENDMENT TO AIRPORT AND AIR9 WAY TRUST FUND.—Section 9502(d)(1)(A) of the Internal

10 Revenue Code of 1986 (relating to airport and airway pro11 gram) is amended by inserting ‘‘or the Airport Security

12 Federalization Act of 2001’’ after ‘‘21st Century’’.

13 SEC. 114. TECHNICAL CORRECTIONS.

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

15 Transportation Safety and System Stabilization Act (Pub16 lic Law 107–42) is amended by striking ‘‘February 1,

17 2001’’ and inserting ‘‘February 1, 2002’’.

18 (b) INSURANCE AND REINSURANCE OF AIRCRAFT.—

19 Section 44306(c) (as redesignated by section 201(d) of such

20 Act) is amended by inserting ‘‘in the interest of air com21 merce or national security’’ before ‘‘to carry out foreign pol22 icy’’.

23 (c) FEDERAL CREDIT INSTRUMENTS.—Section

24 102(c)(2)(A) of such Act is amended by striking ‘‘represent25 atives’’ and inserting ‘‘representations’’.
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1 (d) MAXIMUM AMOUNT OF COMPENSATION PAYABLE

2 PER AIR CARRIER.—Section 103 of such Act is amended

3 by adding at the end the following:

4 ‘‘(d) COMPENSATION FOR AIR CARRIERS PROVIDING

5 AIR AMBULANCE SERVICES.—

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

7 portion of the amount of compensation payable to air

8 carriers under section 101(a)(2) to provide compensa9 tion to air carriers providing air ambulance services.

10 The President shall reduce the $4,500,000,000 speci11 fied in subsection (b)(2)(A)(i) by the amount set aside

12 under this subsection.

13 ‘‘(2) DISTRIBUTION OF AMOUNTS.—The Presi14 dent shall distribute the amount set aside under this

15 subsection proportionally among air carriers pro16 viding air ambulance services based on an appro17 priate auditable measure, as determined by the Presi18 dent.’’.

19 SEC. 115. ALCOHOL AND CONTROLLED SUBSTANCE TEST20 ING.

21 Chapter 451 is amended—

22 (1) by striking ‘‘contract personnel’’ each place it

23 appears and inserting ‘‘personnel’’;

24 (2) by striking ‘‘contract employee’’ each place it

25 appears and inserting ‘‘employee’’;
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1 (3) in section 45106(c) by striking ‘‘contract em2 ployees’’ and inserting ‘‘employees’’;

3 (4) by inserting after section 45106 the fol4 lowing:

5 ‘‘§ 45107. Transportation Security Administration

6 ‘‘(a) TRANSFER OF FUNCTIONS RELATING TO TESTING

7 PROGRAMS WITH RESPECT TO AIRPORT SECURITY

8 SCREENING PERSONNEL.—The authority of the Adminis9 trator of the Federal Aviation Administration under this

10 chapter with respect to programs relating to testing of air11 port security screening personnel are transferred to the

12 Under Secretary of Transportation for Security. Notwith13 standing section 45102(a), the regulations prescribed under

14 section 45102(a) shall require testing of such personnel by

15 their employers instead of by air carriers and foreign air

16 carriers.

17 ‘‘(b) APPLICABILITY OF CHAPTER WITH RESPECT TO

18 EMPLOYEES OF ADMINISTRATION.—The provisions of this

19 chapter that apply with respect to employees of the Federal

20 Aviation Administration whose duties include responsi21 bility for safety-sensitive functions shall apply with respect

22 to employees of the Transportation Security Administra23 tion whose duties include responsibility for security-sen24 sitive functions. The Under Secretary of Transportation for

25 Security, the Transportation Security Administration, and
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1 employees of the Transportation Security Administration

2 whose duties include responsibility for security-sensitive

3 functions shall be subject to and comply with such provi4 sions in the same manner and to the same extent as the

5 Administrator of the Federal Aviation Administration, the

6 Federal Aviation Administration, and employees of the

7 Federal Aviation Administration whose duties include re8 sponsibility for safety-sensitive functions, respectively.’’;

9 and

10 (5) in the analysis for such chapter by inserting

11 after the item relating to section 45106 the following:

‘‘45107. Transportation Security Administration.’’.

12 SEC. 116. CONFORMING AMENDMENTS TO SUBTITLE VII.

13 (a) RECORDS OF EMPLOYMENT OF PILOT APPLI14 CANTS.—Part A of subtitle VII is amended—

15 (1) by moving subsections (f), (g), and (h) of sec16 tion 44936 from section 44936, inserting them at the

17 end of section 44703, and redesignating them as sub18 sections (h), (i), and (j), respectively; and

19 (2) in subsections (i) and (j) of section 44703 (as

20 moved to the end of section 44703 by paragraph (1)

21 of this subsection), by striking ‘‘subsection (f)’’ each

22 place it appears and inserting ‘‘subsection (h)’’.

23 (b) INVESTIGATIONS AND PROCEDURES.—Chapter 461

24 is amended—
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1 (1) in each of sections 46101(a)(1), 46102(a),

2 46103(a), 46104(a), 46105(a), 46106, 46107(b), and

3 46110(a) by inserting after ‘‘(or’’ the following: ‘‘the

4 Under Secretary of Transportation for Security with

5 respect to security duties and powers designated to be

6 carried out by the Under Secretary or’’;

7 (2) by striking ‘‘or Administrator’’ each place it

8 appears and inserting ‘‘, Under Secretary, or Admin9 istrator’’;

10 (3) in section 46101(a)(2) by striking ‘‘of Trans11 portation or the’’ and inserting ‘‘, Under Secretary,

12 or’’;

13 (4) in section 46102(b) by striking ‘‘and the Ad14 ministrator’’ and inserting ‘‘, the Under Secretary,

15 and the Administrator’’;

16 (5) in section 46102(c) by striking ‘‘and Admin17 istrator’’ each place it appears and inserting ‘‘,

18 Under Secretary, and Administrator’’;

19 (6) in each of sections 46102(d) and 46104(b) by

20 inserting ‘‘the Under Secretary,’’ after ‘‘Secretary,’’;

21 (7) in the heading to section 46106 by striking

22 ‘‘Secretary of Transportation and Admin23 istrator of the Federal Aviation Adminis24 tration’’ and inserting ‘‘Department of Trans25 portation’’; and
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1 (8) in the item relating to section 46106 of the

2 analysis for such chapter by striking ‘‘Secretary of

3 Transportation and Administrator of the Federal

4 Aviation Administration’’ and inserting ‘‘Department

5 of Transportation’’.

6 (c) ADMINISTRATIVE.—Section 40113 is amended—

7 (1) in subsection (a)—

8 (A) by inserting after ‘‘(or’’ the following:

9 ‘‘the Under Secretary of Transportation for Se10 curity with respect to security duties and powers

11 designated to be carried out by the Under Sec12 retary or’’; and

13 (B) by striking ‘‘or Administrator’’ and in14 serting ‘‘, Under Secretary, or Administrator’’;

15 and

16 (2) in subsection (d)—

17 (A) by inserting after ‘‘The’’ the following:

18 ‘‘Under Secretary of Transportation for Security

19 or the’’;

20 (B) by striking ‘‘Administration’’ the sec21 ond place it appears and inserting ‘‘Transpor22 tation Security Administration or Federal Avia23 tion Administration, as the case may be,’’; and
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1 (C) by striking ‘‘the Administrator decides’’

2 and inserting ‘‘the Under Secretary or Adminis3 trator, as the case may be, decides’’.

4 (d) PENALTIES.—Chapter 463 is amended—

5 (1) in section 46301(d)(2)—

6 (A) by striking ‘‘, chapter 449 (except sec7 tions 44902, 44903(d), 44907(a)–(d)(1)(A) and

8 (d)(1)(C)–(f), 44908, and 44909),’’;

9 (B) by inserting after the first sentence the

10 following: ‘‘The Under Secretary of Transpor11 tation for Security may impose a civil penalty

12 for a violation of chapter 449 (except sections

13 44902, 44903(d), 44907(a)–(d)(1)(A),

14 44907(d)(1)(C)–(f), 44908, and 44909) or a reg15 ulation prescribed or order issued under such

16 chapter 449.’’; and

17 (C) by inserting ‘‘Under Secretary or’’ be18 fore ‘‘Administrator shall’’;

19 (2) in each of paragraphs (3) and (4) of section

20 46301(d) by striking ‘‘Administrator’’ each place it

21 appears and inserting ‘‘Under Secretary or Adminis22 trator’’;

23 (3) in section 46301(d)(8) by striking ‘‘Adminis24 trator’’ and inserting ‘‘Under Secretary, Adminis25 trator,’’;
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1 (4) in section 46301(h)(2) by inserting after

2 ‘‘(or’’ the following: ‘‘the Under Secretary of Trans3 portation for Security with respect to security duties

4 and powers designated to be carried out by the Under

5 Secretary or’’;

6 (5) in section 46303(c)(2) by inserting ‘‘or the

7 Under Secretary of Transportation for Security’’

8 after ‘‘Federal Aviation Administration’’;

9 (6) in section 46311—

10 (A) by inserting after ‘‘Transportation,’’ the

11 following: ‘‘the Under Secretary of Transpor12 tation for Security with respect to security du13 ties and powers designated to be carried out by

14 the Under Secretary,’’;

15 (B) by inserting after ‘‘Secretary,’’ each

16 place it appears the following: ‘‘Under Sec17 retary,’’; and

18 (C) by striking ‘‘or Administrator’’ each

19 place it appears and inserting ‘‘, Under Sec20 retary, or Administrator’’;

21 (7) in each of sections 46313 and 46316 by in22 serting after ‘‘(or’’ the following: ‘‘the Under Sec23 retary of Transportation for Security with respect to

24 security duties and powers designated to be carried

25 out by the Under Secretary or’’; and
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1 (8) in section 46505(d)(2) by inserting ‘‘or the

2 Under Secretary of Transportation for Security’’

3 after ‘‘Federal Aviation Administration’’.

4 SEC. 117. SAVINGS PROVISION.

5 (a) TRANSFER OF ASSETS AND PERSONNEL.—Except

6 as otherwise provided in this Act, those personnel, property,

7 and records employed, used, held, available, or to be made

8 available in connection with a function transferred to the

9 Transportation Security Administration by this Act shall

10 be transferred to the Transportation Security Administra11 tion for use in connection with the functions transferred.

12 Unexpended balances of appropriations, allocations, and

13 other funds made available to the Federal Aviation Admin14 istration to carry out such functions shall also be trans15 ferred to the Transportation Security Administration for

16 use in connection with the functions transferred.

17 (b) LEGAL DOCUMENTS.—All orders, determinations,

18 rules, regulations, permits, grants, loans, contracts, settle19 ments, agreements, certificates, licenses, and privileges—

20 (1) that have been issued, made, granted, or al21 lowed to become effective by the Federal Aviation Ad22 ministration, any officer or employee thereof, or any

23 other Government official, or by a court of competent

24 jurisdiction, in the performance of any function that

25 is transferred by this Act; and
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1 (2) that are in effect on the effective date of such

2 transfer (or become effective after such date pursuant

3 to their terms as in effect on such effective date), shall

4 continue in effect according to their terms until modi5 fied, terminated, superseded, set aside, or revoked in

6 accordance with law by the Under Secretary of

7 Transportation for Security, any other authorized of8 ficial, a court of competent jurisdiction, or operation

9 of law.

10 (c) PROCEEDINGS.—

11 (1) IN GENERAL.—The provisions of this Act

12 shall not affect any proceedings or any application

13 for any license pending before the Federal Aviation

14 Administration at the time this Act takes effect, inso15 far as those functions are transferred by this Act; but

16 such proceedings and applications, to the extent that

17 they relate to functions so transferred, shall be contin18 ued. Orders shall be issued in such proceedings, ap19 peals shall be taken therefrom, and payments shall be

20 made pursuant to such orders, as if this Act had not

21 been enacted; and orders issued in any such pro22 ceedings shall continue in effect until modified, termi23 nated, superseded, or revoked by a duly authorized of24 ficial, by a court of competent jurisdiction, or by op25 eration of law.
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1 (2) STATUTORY CONSTRUCTION.—Nothing in this

2 subsection shall be deemed to prohibit the discontinu3 ance or modification of any proceeding described in

4 paragraph (1) under the same terms and conditions

5 and to the same extent that such proceeding could

6 have been discontinued or modified if this Act had not

7 been enacted.

8 (3) ORDERLY TRANSFER.—The Secretary of

9 Transportation is authorized to provide for the or10 derly transfer of pending proceedings from the Fed11 eral Aviation Administration.

12 (d) SUITS.—

13 (1) IN GENERAL.—This Act shall not affect suits

14 commenced before the date of the enactment of this

15 Act, except as provided in paragraphs (2) and (3). In

16 all such suits, proceeding shall be had, appeals taken,

17 and judgments rendered in the same manner and

18 with the same effect as if this Act had not been en19 acted.

20 (2) SUITS BY OR AGAINST FAA.—Any suit by or

21 against the Federal Aviation Administration begun

22 before the date of the enactment of this Act shall be

23 continued, insofar as it involves a function retained

24 and transferred under this Act, with the Transpor25 tation Security Administration (to the extent the suit
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1 involves functions transferred to the Transportation

2 Security Administration under this Act) substituted

3 for the Federal Aviation Administration.

4 (3) REMANDED CASES.—If the court in a suit

5 described in paragraph (1) remands a case to the

6 Transportation Security Administration, subsequent

7 proceedings related to such case shall proceed in ac8 cordance with applicable law and regulations as in

9 effect at the time of such subsequent proceedings.

10 (e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—

11 No suit, action, or other proceeding commenced by or

12 against any officer in his official capacity as an officer of

13 the Federal Aviation Administration shall abate by reason

14 of the enactment of this Act. No cause of action by or

15 against the Federal Aviation Administration, or by or

16 against any officer thereof in his official capacity, shall

17 abate by reason of the enactment of this Act.

18 (f) EXERCISE OF AUTHORITIES.—Except as otherwise

19 provided by law, an officer or employee of the Transpor20 tation Security Administration may, for purposes of per21 forming a function transferred by this Act or the amend22 ments made by this Act, exercise all authorities under any

23 other provision of law that were available with respect to

24 the performance of that function to the official responsible
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1 for the performance of the function immediately before the

2 effective date of the transfer of the function under this Act.

3 (g) ACT DEFINED.—In this section, the term ‘‘Act’’ in4 cludes the amendments made by this Act.

5 SEC. 118. BUDGET SUBMISSIONS.

6 The President’s budget submission for fiscal year 2003

7 and each fiscal year thereafter shall reflect the establishment

8 of the Transportation Security Administration.

9 SEC. 119. AIRCRAFT OPERATIONS IN ENHANCED CLASS B

10 AIRSPACE.

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

12 Aviation Administration, and any other regulation, order,

13 or directive that restricts the ability of United States reg14 istered aircraft to conduct operations under part 91 of title

15 14, Code of Federal Regulations, in enhanced class B air16 space (as defined by such Notice), shall cease to be in effect

17 beginning on the 10th day following the date of the enact18 ment of this Act, unless the Secretary of Transportation

19 publishes a notice in the Federal Register before such 10th

20 day reimposing the restriction and explaining the reasons

21 for the restriction.

22 SEC. 120. WAIVERS FOR CERTAIN ISOLATED COMMUNITIES.

23 (a) IN GENERAL.—In any case in which a restriction

24 is imposed on an air carrier (as defined in section 40102

25 of title 49, United States Code) for reasons of national secu-
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1 rity by any government agency, the Under Secretary of

2 Transportation for Security may grant a waiver from such

3 restrictions for the carriage of cargo, mail, patients, and

4 emergency medical supplies (and associated personnel) on

5 flights to or from a community that is not accessible by

6 road, or that is more than 200 miles, from a hub airport

7 (as defined in section 41731 of such title).

8 (b) REVIEW AND DISAPPROVAL.—Any grant of a waiv9 er by the Under Secretary under this section shall be subject

10 to review and disapproval by the Transportation Security

11 Oversight Board.

12 (c) LIMITATIONS.—The Board may impose reasonable

13 limitations on any waiver granted under this section.

14 SEC. 121. ASSESSMENTS OF THREATS TO AIRPORTS.

15 Section 44904 is amended by adding at the end the

16 following:

17 ‘‘(d) PASSENGER VEHICLES.—

18 ‘‘(1) THREAT ASSESSMENT.—An operator of an

19 airport with scheduled passenger service, in consulta20 tion with appropriate State or local law enforcement

21 authorities, may conduct a threat assessment of the

22 airport to determine whether passenger vehicles should

23 be permitted to park within 300 feet of the airport

24 terminal building.
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1 ‘‘(2) REMOVAL OF CERTAIN RESTRICTIONS.—If

2 the airport operator, after consultation with the ap3 propriate State or local law enforcement authorities,

4 determines that safeguards are in place to sufficiently

5 protect public safety and so certifies, in writing, to

6 the Secretary of Transportation, any rule, order, or

7 other directive of the Secretary prohibiting the park8 ing of passenger vehicles within 300 feet of an airport

9 terminal building shall not apply to the terminal

10 building at such airport.’’.

11 SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS

12 OF OTHER CARRIERS.

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

14 amended by adding at the end the following:

15 ‘‘§ 41722. Requirement to honor passenger tickets of

16 other carriers

17 ‘‘Each air carrier that provides scheduled air trans18 portation on a route shall provide, to the extent practicable,

19 air transportation to passengers ticketed for air transpor20 tation on that route by any other air carrier that suspends,

21 interrupts, or discontinues air passenger service on the

22 route by reason of an act of war or terrorism or insolvency

23 or bankruptcy of the carrier.’’.

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

25 subchapter is amended by adding at the end the following:

‘‘41722. Requirement to honor passenger tickets of other carriers.’’.
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1 SEC. 123. SENSE OF CONGRESS ON CERTAIN AVIATION MAT2 TERS.

3 (a) FLIGHT SERVICE STATION EMPLOYEES.—It is the

4 sense of Congress that the Administrator of the Federal

5 Aviation Administration should continue negotiating in

6 good faith with flight service station employees of the Ad7 ministration with a goal of reaching agreement on a con8 tract as soon as possible.

9 (b) WAR RISK INSURANCE.—It is the sense of Congress

10 that the Secretary of Transportation should implement sec11 tion 202 of the Air Transportation Safety and System Sta12 bilization Act (Public Law 107–42) so as to make war risk

13 insurance available to vendors, agents, and subcontractors

14 of general aviation aircraft.

15 (c) TRANSPORT OF ANIMALS.—It is the sense of Con16 gress that an air carrier that transports mail under a con17 tract with the United States Postal Service should transport

18 any animal that the Postal Service allows to be shipped

19 through the mail.

20 (d) SCREENING.—It is the sense of Congress that the

21 Under Secretary of Transportation for Security should re22 quire, as soon as practicable, that all property carried in

23 a passenger aircraft in air transportation or intrastate air

24 transportation (including checked baggage) be screened by

25 any currently available means, including X-ray machine,
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1 hand-held metal detector, explosive detection system equip2 ment, or manual search.

3 (e) CONTRACTS FOR AIRPORT SECURITY SERVICES.—

4 It is the sense of Congress that, in awarding a contract for

5 airport security services, the Under Secretary of Transpor6 tation for Security should, to the maximum extent prac7 ticable, award the contract to a firm that is owned and

8 controlled by a citizen of the United States.

9 TITLE II—VICTIMS

10 COMPENSATION

11 SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARISING

12 OUT OF CRASHES OF SEPTEMBER 11, 2001.

13 Section 408 of the Air Transportation Safety and Sys14 tem Stabilization Act (Public Law 107–42; 115 Stat. 240;

15 49 U.S.C. 40101 note) is amended—

16 (1) by amending the section heading to read as

17 follows:

18 ‘‘SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARIS19 ING OUT OF CRASHES OF SEPTEMBER 11,

20 2001.’’;

21 (2) by amending subsection (a) to read as fol22 lows:

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

24 provided in this section, no Federal court or agency or State

25 court or agency shall enforce any Federal or State law hold-
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1 ing any person, or any State or political subdivision there2 of, liable for any damages arising out of the hijacking and

3 subsequent crashes of American Airlines flights 11 or 77,

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

5 2001.’’;

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

7 following new paragraphs:

8 ‘‘(4) DAMAGES.—If any party to any action

9 brought under this subsection is determined to be

10 liable—

11 ‘‘(A) no damages in the aggregate ordered

12 by the court to be paid by such party shall ex13 ceed the amount of insurance, minus any pay14 ments made pursuant to a court approved settle15 ment, which such party is determined to have ob16 tained prior to September 11, 2001, and which

17 is determined to cover such party’s liability for

18 any damages arising out of the hijacking and

19 subsequent crashes of American Airlines flights

20 11 or 77, or United Airlines flights 93 or 175,

21 on September 11, 2001;

22 ‘‘(B) such party shall not be liable for inter23 est prior to the judgment or for punitive dam24 ages intended to punish or deter; and
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1 ‘‘(C) the court shall reduce the amount of

2 damages awarded to a plaintiff by the amount

3 of collateral source compensation that the plain4 tiff has received or is entitled to receive as a re5 sult of the terrorist-related aircraft crashes of

6 September 11, 2001.

7 ‘‘(5) ATTORNEYS’ FEES.—Reasonable attorneys’

8 fees for work performed in any action brought under

9 this subsection shall be subject to the discretion of the

10 court, but in no event shall any attorney charge, de11 mand, receive, or collect for services rendered, fees in

12 excess of 20 percent of the damages ordered by the

13 court to be paid pursuant to this subsection, or in ex14 cess of 20 percent of any court approved settlement

15 made of any claim cognizable under this subsection.

16 Any attorney who charges, demands, receives, or col17 lects for services rendered in connection with such

18 claim any amount in excess of that allowed under

19 this subsection, if recovery be had, shall be fined not

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

21 year, or both.’’;

22 (4) by amending subsection (c) to read as fol23 lows:

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

25 way limit any liability of any person who—
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1 ‘‘(1) hijacks any aircraft or commits any ter2 rorist act; or

3 ‘‘(2) knowingly participates in a conspiracy to

4 hijack any aircraft or commit any terrorist act.’’; and

5 (5) by adding at the end the following new sub6 sections:

7 ‘‘(d) DISCLAIMER.—Nothing herein implies that any

8 person is liable for damages arising out of the hijacking

9 and subsequent crashes of American Airlines flights 11 or

10 77, or United Airlines flights 93 or 175, on September 11,

11 2001.

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

13 means any State of the United States, the District of Co14 lumbia, the Commonwealth of Puerto Rico, the Northern

15 Mariana Islands, the United States Virgin Islands, Guam,

16 American Samoa, and any other territory of possession of

17 the United States or any political subdivision of any of the

18 foregoing.’’.

Attest:

Clerk.
107TH CONGRESS

1ST SESSION S. 1447

AMENDMENT