107TH CONGRESS

1ST SESSION S. 1447

AN ACT

To improve aviation security, and for other purposes.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Aviation Security Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AVIATION SECURITY

Sec. 101. Findings.

Sec. 102. Transportation security function.

Sec. 103. Aviation Security Coordination Council.

Sec. 104. Improved flight deck integrity measures.

Sec. 105. Deployment of Federal air marshals.

Sec. 106. Improved airport perimeter access security.

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

Sec. 108. Passenger and property screening.

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

Sec. 110. Research and development.

Sec. 111. Flight school security.

Sec. 112. Report to Congress on security.

Sec. 113. General aviation and air charters.

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

Sec. 115. Security-related study by FAA.

Sec. 116. Air transportation arrangements in certain States.

Sec. 117. Airline computer reservation systems.

Sec. 118. Security funding.

Sec. 119. Increased funding flexibility for aviation security.

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

mandates.

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

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

Sec. 123. Mail and freight waivers.

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

Sec. 125. Flight deck security

Sec. 126. Amendments to airmen registry authority.

Sec. 127. Results-based management.

Sec. 128. Use of facilities.

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

attacks that remain in place.

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

Sec. 131. Enhanced security for aircraft.

Sec. 132. Implementation of certain detection technologies.

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

Sec. 134. Definitions.

TITLE II—DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

Subtitle A—Expanded Deployment and Utilization of Current Security

Technologies and Procedures

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

and procedures.

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

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

Subtitle C—Research and Development of Aviation Security Technology

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

1 TITLE I—AVIATION SECURITY

2 SEC. 101. FINDINGS.

3 The Congress finds the following:

4 (1) The safety and security of the civil air

5 transportation system is critical to the United

6 States’ security and its national defense.

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

8 transportation system is essential to the basic free9 dom of Americans to move in intrastate, interstate,

10 and international transportation.

11 (3) The terrorist hijackings and crashes of pas12 senger aircraft on September 11, 2001, converting

13 civil aircraft into guided bombs for strikes against

14 civilian and military targets requires the United

15 States to change fundamentally the way it ap16 proaches the task of ensuring the safety and security

17 of the civil air transportation system.

18 (4) The existing fragmentation of responsibility

19 for that safety and security among government

20 agencies and between government and nongovern21 ment entities is inefficient and unacceptable in light

22 of the hijackings and crashes on September 11,

23 2001.
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1 (5) The General Accounting Office has rec2 ommended that security functions and security per3 sonnel at United States airports should become a

4 Federal government responsibility.

5 (6) Although the number of Federal air mar6 shals is classified, their presence on both inter7 national and domestic flights would have a deterrent

8 effect on hijacking and would further bolster public

9 confidence in the safety of air travel.

10 (7) The effectiveness of existing security meas11 ures, including employee background checks and

12 passenger pre-screening, is impaired because of the

13 inaccessibility of, or the failure to share information

14 among, data bases maintained by different Federal

15 and international agencies for criminal behavior or

16 pertinent intelligence information.

17 SEC. 102. TRANSPORTATION SECURITY FUNCTION.

18 (a) IN GENERAL.—Section 102 of title 49, United

19 States Code, is amended—

20 (1) by redesignating subsections (d), (e), and

21 (f) as subsections (e), (f), and (g); and

22 (2) by inserting after subsection (c) the fol23 lowing:

24 ‘‘(d) DEPUTY SECRETARY FOR TRANSPORTATION

25 SECURITY.—
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1 ‘‘(1) IN GENERAL.—The Department has a

2 Deputy Secretary for Transportation Security, who

3 shall be appointed by the President, by and with the

4 advice and consent of the Senate. The Deputy Sec5 retary for Transportation Security shall carry out

6 duties and powers prescribed by the Secretary relat7 ing to security for all modes of transportation.

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

9 Secretary—

10 ‘‘(A) shall coordinate and direct, as appro11 priate, the functions and responsibilities of the

12 Secretary of Transportation and the Adminis13 trator of the Federal Aviation Administration

14 under chapter 449;

15 ‘‘(B) shall work in conjunction with the

16 Administrator of the Federal Aviation Adminis17 tration with respect to any actions or activities

18 that may affect aviation safety or air carrier op19 erations; and

20 ‘‘(C) shall actively cooperate and coordi21 nate with the Attorney General, the Secretary

22 of Defense, and the heads of other appropriate

23 Federal agencies and departments with respon24 sibilities for national security and criminal jus25 tice enforcement activities that are related to
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1 aviation security through the Aviation Security

2 Coordination Council.

3 ‘‘(3) NATIONAL EMERGENCY RESPONSIBIL4 ITIES.—Subject to the direction and control of the

5 Secretary, the Deputy Secretary shall have the fol6 lowing responsibilities:

7 ‘‘(A) To coordinate domestic transpor8 tation during a national emergency, including

9 aviation, rail, and other surface transportation,

10 and maritime transportation (including port se11 curity).

12 ‘‘(B) To coordinate and oversee during a

13 national emergency the transportation-related

14 responsibilities of other departments and agen15 cies of the Federal Government other than the

16 Department of Defense and the military depart17 ments.

18 ‘‘(C) To establish uniform national stand19 ards and practices for transportation during a

20 national emergency.

21 ‘‘(D) To coordinate and provide notice to

22 other departments and agencies of the Federal

23 Government, and appropriate agencies of State

24 and local governments, including departments

25 and agencies for transportation, law enforce-
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1 ment, and border control, about threats to

2 transportation during a national emergency.

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

4 exercise such other powers, relating to transpor5 tation during a national emergency as the Sec6 retary of Transportation shall prescribe.

7 ‘‘(4) RELATIONSHIP TO OTHER TRANSPOR8 TATION AUTHORITY.—The authority of the Deputy

9 Secretary under paragraph (3) to coordinate and

10 oversee transportation and transportation-related re11 sponsibilities during a national emergency shall not

12 supersede the authority of any other department or

13 agency of the Federal Government under law with

14 respect to transportation or transportation-related

15 matters, whether or not during a national emer16 gency.

17 ‘‘(5) ANNUAL REPORT.—The Deputy Secretary

18 shall submit to the Congress on an annual basis a

19 report on the activities of the Deputy Secretary

20 under paragraph (3) during the preceding year.

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

22 Transportation shall prescribe the circumstances

23 constituting a national emergency for purposes of

24 paragraph (3).’’.
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1 (b) ATTORNEY GENERAL RESPONSIBILITIES.—The

2 Attorney General of the United States—

3 (1) is responsible for day-to-day Federal secu4 rity screening operations for passenger air transpor5 tation or intrastate air transportation under sections

6 44901 and 44935 of title 49, United States Code;

7 (2) shall work in conjunction with the Adminis8 trator of the Federal Aviation Administration with

9 respect to any actions or activities that may affect

10 aviation safety or air carrier operations;

11 (3) is responsible for hiring and training per12 sonnel to provide security screening at all United

13 States airports involved in passenger air transpor14 tation or intrastate air transportation, in consulta15 tion with the Secretary of Transportation, the Sec16 retary of Defense, and the heads of other appro17 priate Federal agencies and departments; and

18 (4) shall actively cooperate and coordinate with

19 the Secretary of Transportation, the Secretary of

20 Defense, and the heads of other appropriate Federal

21 agencies and departments with responsibilities for

22 national security and criminal justice enforcement

23 activities that are related to aviation security

24 through the Aviation Security Coordination Council.
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1 (c) REVIEW AND DEVELOPMENT OF WAYS TO

2 STRENGTHEN SECURITY.—Section 44932(c) of title 49,

3 United States Code, is amended—

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

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

6 (4);

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

8 and inserting ‘‘passengers;’’; and

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

10 ‘‘(6) to strengthen and enhance the ability to

11 detect nonexplosive weapons, such as biological,

12 chemical, or similar substances; and

13 ‘‘(7) to evaluate such additional measures as

14 may be appropriate to enhance physical inspection of

15 passengers, luggage, and cargo.’’.

16 (d) TRANSITION.—Until the Deputy Secretary for

17 Transportation Security takes office, the functions of the

18 Deputy Secretary that relate to aviation security shall be

19 carried out by the Assistant Administrator for Civil Avia20 tion Security of the Federal Aviation Administration.

21 SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.

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

23 States Code, is amended by adding at the end the fol24 lowing:
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1 ‘‘(f) AVIATION SECURITY COORDINATION COUN2 CIL.—

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

4 Aviation Security Coordination Council.

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

6 the intelligence community to coordinate intelligence,

7 security, and criminal enforcement activities affect8 ing the safety and security of aviation at all United

9 States airports and air navigation facilities involved

10 in air transportation or intrastate air transportation.

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

12 the Secretary of Transportation or the Secretary’s

13 designee.

14 ‘‘(4) MEMBERSHIP.—The members of the

15 Council are:

16 ‘‘(A) The Secretary of Transportation, or

17 the Secretary’s designee.

18 ‘‘(B) The Attorney General, or the Attor19 ney General’s designee.

20 ‘‘(C) The Secretary of Defense, or the Sec21 retary’s designee.

22 ‘‘(D) The Secretary of the Treasury, or the

23 Secretary’s designee.

24 ‘‘(E) The Director of the Central Intel25 ligence Agency, or the Director’s designee.
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1 ‘‘(F) The head, or an officer or employee

2 designated by the head, of any other Federal

3 agency the participation of which is determined

4 by the Secretary of Transportation, in consulta5 tion with the Attorney General, to be appro6 priate.

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

8 The Secretary of Transportation, acting through the Avia9 tion Security Coordination Council, shall—

10 ‘‘(1) explore the technical feasibility of devel11 oping a common database of individuals who may

12 pose a threat to aviation or national security;

13 ‘‘(2) enter into memoranda of understanding

14 with other Federal agencies to share or otherwise

15 cross-check data on such individuals identified on

16 Federal agency data bases, and may utilize other

17 available data bases as necessary; and

18 ‘‘(3) evaluate and assess technologies in devel19 opment or use at Federal departments, agencies,

20 and instrumentalities that might be useful in im21 proving the safety and security of aviation in the

22 United States.’’.

23 (b) POLICIES AND PROCEDURES.—Section 44911(b)

24 of title 49, United States Code, is amended by striking

25 ‘‘international’’.
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1 (c) STRATEGIC PLANNING.—Section 44911(c) of title

2 49, United States Code, is amended by striking ‘‘consider

3 placing’’ and inserting ‘‘place’’.

4 SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

5 (a) IN GENERAL.—As soon as possible after the date

6 of enactment of this Act, the Administrator of the Federal

7 Aviation Administration shall—

8 (1) issue an order (without regard to the provi9 sions of chapter 5 of title 5, United States Code)—

10 (A) prohibiting access to the flight deck of

11 aircraft engaged in passenger air transportation

12 or intrastate air transportation except to au13 thorized personnel;

14 (B) requiring the strengthening of the

15 flight deck door and locks on any such aircraft

16 operating in air transportation or intrastate air

17 transportation that has a rigid door in a bulk18 head between the flight deck and the passenger

19 area to ensure that the door cannot be forced

20 open from the passenger compartment;

21 (C) requiring that such flight deck doors

22 remain locked while any such aircraft is in

23 flight except when necessary to permit the

24 flight deck crew access and egress; and
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1 (D) prohibiting the possession of a key to

2 any such flight deck door by any member of the

3 flight crew who is not assigned to the flight

4 deck; and

5 (2) take such other action, including modifica6 tion of safety and security procedures, as may be

7 necessary to ensure the safety and security of the

8 aircraft.

9 (b) COMMUTER AIRCRAFT.—The Administrator shall

10 investigate means of securing, to the greatest feasible ex11 tent, the flight deck of aircraft operating in air transpor12 tation or intrastate air transportation that do not have

13 a rigid fixed door with a lock between the passenger com14 partment and the flight deck and issue such an order as

15 the Administrator deems appropriate (without regard to

16 the provisions of chapter 5 of title 5, United States Code)

17 to ensure the inaccessibility, to the greatest extent fea18 sible, of the flight deck while the aircraft is so engaged.

19 SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

20 (a) AIR MARSHALS UNDER ATTORNEY GENERAL

21 GUIDELINES.—The Attorney General shall prescribe

22 guidelines for the training and deployment of individuals

23 authorized, with the approval of the Attorney General, to

24 carry firearms and make arrests under section 44903(d)

25 of title 49, United States Code. The Secretary of Trans-
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1 portation shall administer the air marshal program under

2 that section in accordance with the guidelines prescribed

3 by the Attorney General.

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

5 United States Code, is amended—

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

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

8 subparagraphs (A) and (B); and

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

10 ‘‘(2) The Secretary—

11 ‘‘(A) may place Federal air marshals on every

12 scheduled passenger flight in air transportation and

13 intrastate air transportation; and

14 ‘‘(B) shall place them on every such flight de15 termined by the Secretary to present high security

16 risks.

17 ‘‘(3) In making the determination under paragraph

18 (2)(B), nonstop longhaul flights, such as those targeted

19 on September 11, 2001, should be a priority.’’.

20 (c) TRAINING, SUPERVISION, AND FLIGHT ASSIGN21 MENT.—Within 30 days after the date of enactment of

22 this Act, the Secretary of Transportation, under the au23 thority of subsections (d) and (e) of section 44903 of title

24 49, United States Code, shall—
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1 (1) provide for deployment of Federal air mar2 shals on flights in air transportation and intrastate

3 air transportation;

4 (2) provide for appropriate background and fit5 ness checks for candidates for appointment as Fed6 eral air marshals;

7 (3) provide for appropriate training, super8 vision, and equipment of Federal air marshals; and

9 (4) require air carriers to provide seating for

10 Federal air marshals on any flight without regard to

11 the availability of seats on that flight.

12 (d) INTERNATIONAL FLIGHTS.—The Secretary shall

13 work with the International Civil Aviation Organization

14 and with appropriate civil aviation authorities of foreign

15 governments under section 44907 of title 49, United

16 States Code, to address security concerns on flights by for17 eign air carriers to and from the United States.

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

19 consultation with the heads of other Federal agencies and

20 departments, use personnel from those agencies and de21 partments to provide air marshal service on domestic and

22 international flights, and may use the authority provided

23 by section 324 of title 49, United States Code, for such

24 purpose.

25 (f) REPORTS.—
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1 (1) IN GENERAL.—The Attorney General and

2 the Secretary of Transportation shall submit the fol3 lowing reports in classified form, if necessary, to the

4 Senate Committee on Commerce, Science, and

5 Transportation and the House of Representatives

6 Committee on Transportation and Infrastructure:

7 (A) Within 18 months after the date of en8 actment of this Act, an assessment of the pro9 gram carried out under section 44903(d) of

10 title 49, United States Code.

11 (B) Within 120 days after such date, an

12 assessment of the effectiveness of the security

13 screening process for carry-on baggage and

14 checked baggage.

15 (C) Within 6 months after the date of en16 actment of this Act, an assessment of the safety

17 and security-related training provided to flight

18 and cabin crews.

19 (2) RECOMMENDATIONS.—The Attorney Gen20 eral and the Secretary may submit, as part of any

21 report under this subsection or separately, any rec22 ommendations they may have for improving the ef23 fectiveness of the Federal air marshal program or

24 the security screening process.
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1 (g) COOPERATION WITH OTHER AGENCIES.—The

2 last sentence of section 106(m) of title 49, United States

3 Code, is amended by striking ‘‘supplies and’’ and inserting

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

5 (h) AUTHORITY TO APPOINT RETIRED LAW EN6 FORCEMENT OFFICERS.—Notwithstanding any other pro7 vision of law, the Secretary of Transportation may appoint

8 an individual who is a retired law enforcement officer or

9 a retired member of the Armed Forces as a Federal air

10 marshal, regardless of age, or an individual discharged or

11 furloughed from a commercial airline cockpit crew posi12 tion, if the individual otherwise meets the background and

13 fitness qualifications required for Federal air marshals.

14 SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECU15 RITY.

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

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘(h) IMPROVED AIRPORT PERIMETER ACCESS SECU20 RITY.—

21 ‘‘(1) IN GENERAL.—The Secretary of Transpor22 tation, in consultation with the airport operator and

23 law enforcement authorities, may order the deploy24 ment of such personnel at any secure area of the

25 airport as necessary to counter the risk of criminal
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1 violence, the risk of aircraft piracy at the airport,

2 the risk to air carrier aircraft operations at the air3 port, or to meet national security concerns.

4 ‘‘(2) SECURITY OF AIRCRAFT AND GROUND AC5 CESS TO SECURE AREAS.—In determining where to

6 deploy such personnel, the Secretary shall consider

7 the physical security needs of air traffic control fa8 cilities, parked aircraft, aircraft servicing equipment,

9 aircraft supplies (including fuel), automobile parking

10 facilities within airport perimeters or adjacent to se11 cured facilities, and access and transition areas at

12 airports served by other means of ground or water

13 transportation. The Secretary of Transportation,

14 after consultation with the Aviation Security Coordi15 nation Council, shall consider whether airport, air

16 carrier personnel, and other individuals with access

17 to such areas should be screened to prevent individ18 uals who present a risk to aviation security or na19 tional security from gaining access to such areas.

20 ‘‘(3) DEPLOYMENT OF FEDERAL LAW EN21 FORCEMENT PERSONNEL.—The Secretary of Trans22 portation may enter into a memorandum of under23 standing or other agreement with the Attorney Gen24 eral or the head of any other appropriate Federal

25 law enforcement agency to deploy Federal law en-
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1 forcement personnel at an airport in order to meet

2 aviation safety and security concerns.’’.

3 (b) SMALL AND MEDIUM AIRPORTS.—The Adminis4 trator of the Federal Aviation Administration shall de5 velop a plan to provide technical support to small and me6 dium airports to enhance security operations, including

7 screening operations, and to provide financial assistance

8 to those airports to defray the costs of enhancing security.

9 The Federal Aviation Administration in consultation with

10 the appropriate State or local government law enforcement

11 authorities, shall reexamine the safety requirements for

12 small community airports, to reflect a reasonable level of

13 threat to those individual small community airports, in14 cluding the parking of passenger vehicles within 300 feet

15 of the airport terminal building with respect to that air16 port.

17 (c) CHEMICAL AND BIOLOGICAL WEAPON DETEC18 TION.—Section 44903(c)(2)(C) of title 49, United States

19 Code, is amended to read as follows:

20 ‘‘(C) MAXIMUM USE OF CHEMICAL AND BIO21 LOGICAL WEAPON DETECTION EQUIPMENT.—The

22 Secretary of Transportation shall require airports to

23 maximize the use of technology and equipment that

24 is designed to detect potential chemical or biological

25 weapons.’’.
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1 (d) IMPROVEMENT OF SECURED-AREA ACCESS CON2 TROL.—Section 44903(g)(2) of title 49, United States

3 Code, is amended—

4 (1) by striking ‘‘weaknesses by January 31,

5 2001;’’ in subparagraph (A) and inserting ‘‘weak6 nesses;’’;

7 (2) by striking subparagraph (D) and inserting

8 the following:

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

10 for compliance with access control require11 ments, report annually findings of the assess12 ments, and assess the effectiveness of penalties

13 in ensuring compliance with security procedures

14 and take any other appropriate enforcement ac15 tions when noncompliance is found;’’;

16 (3) by striking ‘‘program by January 31,

17 2001;’’ in subparagraph (F) and inserting ‘‘pro18 gram;’’; and

19 (4) by striking subparagraph (G) and inserting

20 the following:

21 ‘‘(G) work with airport operators to

22 strengthen access control points in secured

23 areas (including air traffic control operations

24 areas, maintenance areas, crew lounges, bag25 gage handling areas, concessions, and catering
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1 delivery areas) to ensure the security of pas2 sengers and aircraft and consider the deploy3 ment of biometric or similar technologies that

4 identify individuals based on unique personal

5 characteristics.’’.

6 (e) AIRPORT SECURITY PILOT PROGRAM.—Section

7 44903(c) of title 49, United States Code, is amended by

8 adding at the end the following:

9 ‘‘(3) The Administrator shall establish pilot programs

10 in no fewer than 20 airports to test and evaluate new and

11 emerging technology for providing access control and other

12 security protections for closed or secure areas of the air13 ports. Such technology may include biometric or other

14 technology that ensures only authorized access to secure

15 areas.’’.

16 (f) AIRPORT SECURITY AWARENESS PROGRAMS.—

17 The Secretary of Transportation shall require air carriers

18 and airports involved in air transportation or intrastate

19 air transportation to develop security awareness programs

20 for airport employees, ground crews, and other individuals

21 employed at such airports.

22 SEC. 107. ENHANCED ANTI-HIJACKING TRAINING FOR

23 FLIGHT CREWS.

24 (a) IN GENERAL.—The Secretary of Transportation

25 shall develop a mandatory air carrier program of training
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1 for flight and cabin crews of aircraft providing air trans2 portation or intrastate air transportation in dealing with

3 attempts to commit aircraft piracy (as defined in section

4 46502(a)(1)(A) of title 49, United States Code). The Sec5 retary shall ensure that the training curriculum is devel6 oped in consultation with Federal law enforcement agen7 cies with expertise in terrorism, self-defense, hijacker psy8 chology, and current threat conditions.

9 (b) NOTIFICATION PROCEDURES.—The Adminis10 trator of the Federal Aviation Administration shall revise

11 the procedures by which cabin crews of aircraft can notify

12 flight deck crews of security breaches and other emer13 gencies and implement any new measures as soon as prac14 ticable.

15 SEC. 108. PASSENGER AND PROPERTY SCREENING.

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

17 States Code, is amended to read as follows:

18 ‘‘§ 44901. Screening passengers, individuals with ac19 cess to secure areas, and property

20 ‘‘(a) IN GENERAL.—The Attorney General, in con21 sultation with the Secretary of Transportation, shall pro22 vide for the screening of all passengers and property, in23 cluding United States mail, cargo, carry-on and checked

24 baggage, and other articles, that will be carried aboard

25 an aircraft in air transportation or intrastate air transpor-
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1 tation. The screening shall take place before boarding and,

2 except as provided in subsection (c), shall be carried out

3 by a Federal government employee (as defined in section

4 2105 of title 5, United States Code). The Attorney Gen5 eral, in consultation with the Secretary, shall provide for

6 the screening of all persons, including airport, air carrier,

7 foreign air carrier, and airport concessionaire employees,

8 before they are allowed into sterile or secure areas of the

9 airport, as determined by the Attorney General. The

10 screening of airport, air carrier, foreign air carrier, and

11 airport concessionaire employees, and other nonpassengers

12 with access to secure areas, shall be conducted in the same

13 manner as passenger screenings are conducted, except

14 that the Attorney General may authorize alternative

15 screening procedures for personnel engaged in providing

16 airport or aviation security at an airport. In carrying out

17 this subsection, the Attorney General shall maximize the

18 use of available nonintrusive and other inspection and de19 tection technology that is approved by the Administrator

20 of the Federal Aviation Administration for the purpose of

21 screening passengers, baggage, mail, or cargo.

22 ‘‘(b) DEPLOYMENT OF ARMED PERSONNEL.—

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

24 order the deployment of law enforcement personnel

25 authorized to carry firearms at each airport security
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1 screening location to ensure passenger safety and

2 national security.

3 ‘‘(2) MINIMUM REQUIREMENTS.—Except at air4 ports required to enter into agreements under sub5 section (c), the Attorney General shall order the de6 ployment of at least 1 law enforcement officer at

7 each airport security screening location. At the 100

8 largest airports in the United States, in terms of an9 nual passenger enplanements for the most recent

10 calendar year for which data are available, the At11 torney General shall order the deployment of addi12 tional law enforcement personnel at airport security

13 screening locations if the Attorney General deter14 mines that the additional deployment is necessary to

15 ensure passenger safety and national security.

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

17 ‘‘(1) PASSENGER SCREENING.—In carrying out

18 subsection (a) and subsection (b)(1), the Attorney

19 General may require any nonhub airport (as defined

20 in section 41731(a)(4)) or smaller airport with

21 scheduled passenger operations to enter into an

22 agreement under which screening of passengers and

23 property will be carried out by qualified, trained

24 State or local law enforcement personnel if—
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1 ‘‘(A) the screening services are equivalent

2 to the screening services that would be carried

3 out by Federal personnel under subsection (a);

4 ‘‘(B) the training and evaluation of indi5 viduals conducting the screening or providing

6 security services meets the standards set forth

7 in section 44935 for training and evaluation of

8 Federal personnel conducting screening or pro9 viding security services under subsection (a);

10 ‘‘(C) the airport is reimbursed by the

11 United States, using funds made available by

12 the Aviation Security Act, for the costs incurred

13 in providing the required screening, training,

14 and evaluation; and

15 ‘‘(D) the Attorney General has consulted

16 the airport sponsor.

17 ‘‘(2) DETERMINATION OF LIMITED REQUIRE18 MENTS.—The Attorney General, in consultation with

19 the Secretary of Transportation, may prescribe

20 modified aviation security measures for a nonhub

21 airport if the Attorney General determines that spe22 cific security measures are not required at a nonhub

23 airport at all hours of airport operation because of—

24 ‘‘(A) the types of aircraft that use the air25 port;
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1 ‘‘(B) seasonal variations in air traffic and

2 types of aircraft that use the airport; or

3 ‘‘(C) other factors that warrant modifica4 tion of otherwise applicable security require5 ments.

6 ‘‘(3) ADDITIONAL FEDERAL SECURITY MEAS7 URES.—At any airport required to enter into a reim8 bursement agreement under paragraph (1), the At9 torney General—

10 ‘‘(A) may provide or require additional se11 curity measures;

12 ‘‘(B) may conduct random security inspec13 tions; and

14 ‘‘(C) may provide assistance to enhance

15 airport security at that airport.

16 ‘‘(d) MANUAL PROCESS.—

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

18 require a manual process, at explosive detection sys19 tem screening locations in airports where explosive

20 detection equipment is underutilized, which will aug21 ment the Computer Assisted Passenger Prescreening

22 System by randomly selecting additional checked

23 bags for screening so that a minimum number of

24 bags, as prescribed by the Attorney General, are ex25 amined.
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1 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC2 TION.—Paragraph (1) shall not be construed to limit

3 the ability of the Attorney General or the Secretary

4 of Transportation to impose additional security

5 measures when a specific threat warrants such addi6 tional measures.

7 ‘‘(3) MAXIMUM USE OF EXPLOSIVE DETECTION

8 EQUIPMENT.—In prescribing the minimum number

9 of bags to be examined under paragraph (1), the At10 torney General shall seek to maximize the use of the

11 explosive detection equipment.

12 ‘‘(e) FLEXIBILITY OF ARRANGEMENTS.—In carrying

13 out subsections (a), (b), and (c), the Attorney General

14 may use memoranda of understanding or other agree15 ments with the heads of appropriate Federal law enforce16 ment agencies covering the utilization and deployment of

17 personnel of the Department of Justice or such other

18 agencies.’’.

19 (b) DEPUTIZING OF STATE AND LOCAL LAW EN20 FORCEMENT OFFICERS.—Section 512 of the Wendell H.

21 Ford Aviation Investment and Reform Act for the 21st

22 Century is amended—

23 (1) by striking ‘‘purpose of’’ in subsection

24 (b)(1)(A) and inserting ‘‘purposes of (i)’’;
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1 (2) by striking ‘‘transportation;’’ in subsection

2 (b)(1)(A) and inserting ‘‘transportation, and (ii) reg3 ulate the provisions of security screening services

4 under section 44901(c) of title 49, United States

5 Code;’’;

6 (3) by striking ‘‘NOT FEDERAL RESPONSI7 BILITY’’ in the heading of subsection (b)(3)(b);

8 (4) by striking ‘‘shall not be responsible for

9 providing’’ in subsection (b)(3)(B) and inserting

10 ‘‘may provide’’;

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

12 and inserting ‘‘flight and security screening func13 tions under section 44901(c) of title 49, United

14 States Code.’’;

15 (6) by striking ‘‘General’’ in subsection (e) and

16 inserting ‘‘General, in consultation with the Sec17 retary of Transportation,’’; and

18 (7) by striking subsection (f).

19 (c) TRANSITION.—The Attorney General shall com20 plete the full implementation of section 44901 of title 49,

21 United States Code, as amended by subsection (a), as soon

22 as is practicable but in no event later than 9 months after

23 the date of enactment of this Act. The Attorney General

24 may make or continue such arrangements, including ar25 rangements under the authority of sections 40110 and
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1 40111 of that title, for the screening of passengers and

2 property under that section as the Attorney General deter3 mines necessary pending full implementation of that sec4 tion as so amended.

5 SEC. 109. TRAINING AND EMPLOYMENT OF SECURITY

6 SCREENING PERSONNEL.

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

8 States Code, is amended—

9 (1) by redesignating subsection (f) as sub10 section (i); and

11 (2) by striking subsection (e) and inserting the

12 following:

13 ‘‘(e) SECURITY SCREENERS.—

14 ‘‘(1) TRAINING PROGRAM.—The Attorney Gen15 eral, in consultation with the Secretary of Transpor16 tation, shall establish a program for the hiring and

17 training of security screening personnel.

18 ‘‘(2) HIRING.—

19 ‘‘(A) QUALIFICATIONS.—The Attorney

20 General shall establish, within 30 days after the

21 date of enactment of the Aviation Security Act,

22 qualification standards for individuals to be

23 hired by the United States as security screening

24 personnel. Notwithstanding any provision of law
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1 to the contrary, those standards shall, at a min2 imum, require an individual—

3 ‘‘(i) to have a satisfactory or better

4 score on a Federal security screening per5 sonnel selection examination;

6 ‘‘(ii) to have been a national of the

7 United States, as defined in section

8 101(a)(22) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(22)), for a

10 minimum of 5 consecutive years;

11 ‘‘(iii) to have passed an examination

12 for recent consumption of a controlled sub13 stance;

14 ‘‘(iv) to meet, at a minimum, the re15 quirements set forth in subsection (f); and

16 ‘‘(v) to meet such other qualifications

17 as the Attorney General may establish.

18 ‘‘(B) BACKGROUND CHECKS.—The Attor19 ney General shall require that an individual to

20 be hired as a security screener undergo an em21 ployment investigation (including a criminal

22 history record check) under section

23 44936(a)(1).

24 ‘‘(C) DISQUALIFICATION OF INDIVIDUALS

25 WHO PRESENT NATIONAL SECURITY RISKS.—
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1 The Attorney General, in consultation with the

2 heads of other appropriate Federal agencies,

3 shall establish procedures, in addition to any

4 background check conducted under section

5 44936, to ensure that no individual who pre6 sents a threat to national security is employed

7 as a security screener.

8 ‘‘(3) EXAMINATION; REVIEW OF EXISTING

9 RULES.—The Attorney General shall develop a secu10 rity screening personnel examination for use in de11 termining the qualification of individuals seeking

12 employment as security screening personnel. The At13 torney General shall also review, and revise as nec14 essary, any standard, rule, or regulation governing

15 the employment of individuals as security screening

16 personnel.

17 ‘‘(f) EMPLOYMENT STANDARDS FOR SCREENING

18 PERSONNEL.—

19 ‘‘(1) SCREENER REQUIREMENTS.—Notwith20 standing any provision of law to the contrary, an in21 dividual may not be employed as a security screener

22 unless that individual meets the following require23 ments:

24 ‘‘(A) The individual shall possess a high

25 school diploma, a General Equivalency Diploma,
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1 or experience that the Attorney General has de2 termined to have equipped the individual to per3 form the duties of the position.

4 ‘‘(B) The individual shall possess basic ap5 titudes and physical abilities including color

6 perception, visual and aural acuity, physical co7 ordination, and motor skills to the following

8 standards:

9 ‘‘(i) Screeners operating screening

10 equipment shall be able to distinguish on

11 the screening equipment monitor the ap12 propriate imaging standard specified by

13 the Attorney General. Wherever the

14 screening equipment system displays col15 ors, the operator shall be able to perceive

16 each color.

17 ‘‘(ii) Screeners operating any screen18 ing equipment shall be able to distinguish

19 each color displayed on every type of

20 screening equipment and explain what each

21 color signifies.

22 ‘‘(iii) Screeners shall be able to hear

23 and respond to the spoken voice and to au24 dible alarms generated by screening equip25 ment in an active checkpoint environment.
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1 ‘‘(iv) Screeners performing physical

2 searches or other related operations shall

3 be able to efficiently and thoroughly ma4 nipulate and handle such baggage, con5 tainers, and other objects subject to secu6 rity processing.

7 ‘‘(v) Screeners who perform pat-downs

8 or hand-held metal detector searches of in9 dividuals shall have sufficient dexterity and

10 capability to thoroughly conduct those pro11 cedures over a individual’s entire body.

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

13 speak, and write English well enough to—

14 ‘‘(i) carry out written and oral in15 structions regarding the proper perform16 ance of screening duties;

17 ‘‘(ii) read English language identifica18 tion media, credentials, airline tickets, and

19 labels on items normally encountered in

20 the screening process;

21 ‘‘(iii) provide direction to and under22 stand and answer questions from English23 speaking individuals undergoing screening;

24 and
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1 ‘‘(iv) write incident reports and state2 ments and log entries into security records

3 in the English language.

4 ‘‘(D) The individual shall have satisfac5 torily completed all initial, recurrent, and ap6 propriate specialized training required by the

7 security program, except as provided in para8 graph (2).

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

10 completed the training required by this section may

11 be employed during the on-the-job portion of train12 ing to perform functions if that individual—

13 ‘‘(A) is closely supervised; and

14 ‘‘(B) does not make independent judg15 ments as to whether individuals or property

16 may enter a sterile area or aircraft without fur17 ther inspection.

18 ‘‘(3) REMEDIAL TRAINING.—No individual em19 ployed as a security screener may perform a screen20 ing function after that individual has failed an oper21 ational test related to that function until that indi22 vidual has successfully completed the remedial train23 ing specified in the security program.

24 ‘‘(4) ANNUAL PROFICIENCY REVIEW.—The At25 torney General shall provide that an annual evalua-
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1 tion of each individual assigned screening duties is

2 conducted and documented. An individual employed

3 as a security screener may not continue to be em4 ployed in that capacity unless the evaluation dem5 onstrates that the individual—

6 ‘‘(A) continues to meet all qualifications

7 and standards required to perform a screening

8 function;

9 ‘‘(B) has a satisfactory record of perform10 ance and attention to duty based on the stand11 ards and requirements in the security program;

12 and

13 ‘‘(C) demonstrates the current knowledge

14 and skills necessary to courteously, vigilantly,

15 and effectively perform screening functions.

16 ‘‘(5) OPERATIONAL TESTING.—In addition to

17 the annual proficiency review conducted under para18 graph (4), the Attorney General shall provide for the

19 operational testing of such personnel.

20 ‘‘(g) TRAINING.—

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

22 General shall enter into a memorandum of under23 standing or other arrangement with any other Fed24 eral agency or department with appropriate law en25 forcement responsibilities, to provide personnel, re-
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1 sources, or other forms of assistance in the training

2 of security screening personnel.

3 ‘‘(2) TRAINING PLAN.—The Attorney General

4 shall, within 60 days after the date of enactment of

5 the Aviation Security Act, develop a plan for the

6 training of security screening personnel. The plan

7 shall, at a minimum, require that before being de8 ployed as a security screener, an individual—

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

10 instruction or successfully completed a program

11 that the Attorney General determines will train

12 individuals to a level of proficiency equivalent to

13 the level that would be achieved by such class14 room instruction;

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

16 instruction; and

17 ‘‘(C) has successfully completed an on-the18 job training examination prescribed by the At19 torney General.

20 ‘‘(3) EQUIPMENT-SPECIFIC TRAINING.—An in21 dividual employed as a security screener may not use

22 any security screening device or equipment in the

23 scope of that individual’s employment unless the in24 dividual has been trained on that device or equip-
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1 ment and has successfully completed a test on the

2 use of the device or equipment.

3 ‘‘(h) TECHNOLOGICAL TRAINING.—The Attorney

4 General shall require training to ensure that screeners are

5 proficient in using the most up-to-date new technology and

6 to ensure their proficiency in recognizing new threats and

7 weapons. The Attorney General shall make periodic as8 sessments to determine if there are dual use items and

9 inform security screening personnel of the existence of

10 such items. Current lists of dual use items shall be part

11 of the ongoing training for screeners. For purposes of this

12 subsection, the term ‘dual use’ item means an item that

13 may seem harmless but that may be used as a weapon.’’.

14 (b) CONFORMING AMENDMENTS.—

15 (1) Section 44936(a)(1)(A) is amended by in16 serting ‘‘as a security screener under section

17 44935(e) or a position’’ after ‘‘a position’’.

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

19 Code, is amended—

20 (A) by inserting ‘‘the Attorney General,’’

21 after ‘‘subsection,’’ in paragraph (1); and

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

23 inserting ‘‘The Attorney General, an’’.

24 (3) Section 44936(a)(1)(E) is amended by

25 striking clause (iv).
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1 (c) TRANSITION.—The Attorney General shall com2 plete the full implementation of section 44935 (e), (f), (g),

3 and (h) of title 49, United States Code, as amended by

4 subsection (a), as soon as is practicable. The Attorney

5 General may make or continue such arrangements for the

6 training of security screeners under that section as the

7 Attorney General determines necessary pending full imple8 mentation of that section as so amended.

9 (d) SCREENER PERSONNEL.—Notwithstanding any

10 other provision of law, the Attorney General may employ,

11 appoint, discipline, terminate, and fix the compensation,

12 terms, and conditions of employment of Federal service

13 for such a number of individuals as the Attorney General

14 determines to be necessary to carry out the passenger se15 curity screening functions of the Attorney General under

16 section 44901 of title 49, United States Code.

17 (e) STRIKES PROHIBITED.—An individual employed

18 as a security screener under section 44901 of title 49,

19 United States Code, is prohibited from participating in a

20 strike or asserting the right to strike pursuant to section

21 7311(3) or 7116(b)(7) of title 5, United States Code.

22 (f) BACKGROUND CHECKS FOR EXISTING EMPLOY23 EES.—
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1 (1) IN GENERAL.—Section 44936 of title 49,

2 United States Code, is amended by inserting ‘‘is or’’

3 before ‘‘will’’ in subsection (a)(1)(B)(i).

4 (2) EFFECTIVE DATE.—The amendments made

5 by paragraph (1) apply with respect to individuals

6 employed on or after the date of enactment of the

7 Aviation Security Act in a position described in sub8 paragraph (A) or (B) of section 44936(a)(1) of title

9 49, United States Code. The Secretary of Transpor10 tation may provide by order for a phased-in imple11 mentation of the requirements of section 44936 of

12 that title made applicable to individuals employed in

13 such positions at airports on the date of enactment

14 of this Act.

15 SEC. 110. RESEARCH AND DEVELOPMENT.

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

17 United States Code, is amended—

18 (1) by striking ‘‘complete an intensive review

19 of’’ and inserting ‘‘periodically review’’;

20 (2) by striking ‘‘commercial aircraft in service

21 and expected to be in service in the 10-year period

22 beginning on November 16, 1990;’’ in subparagraph

23 (B) and inserting ‘‘aircraft in air transportation;’’;

24 and
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1 (3) by redesignating subparagraphs (D)

2 through (F) as subparagraphs (E) through (G), re3 spectively, and inserting after subparagraph (C) the

4 following:

5 ‘‘(D) the potential release of chemical, bio6 logical, or similar weapons or devices either

7 within an aircraft or within an airport;’’.

8 (b) ADDITIONAL MATTERS REGARDING RESEARCH

9 AND DEVELOPMENT.—

10 (1) ADDITIONAL PROGRAM REQUIREMENTS.—

11 Subsection (a) of section 44912 of title 49, United

12 States Code, is amended—

13 (A) by redesignating paragraph (4) as

14 paragraph (5); and

15 (B) by inserting after paragraph (3) the

16 following new paragraph (4):

17 ‘‘(4)(A) In carrying out the program established

18 under this subsection, the Administrator shall designate

19 an individual to be responsible for engineering, research,

20 and development with respect to security technology under

21 the program.

22 ‘‘(B) The individual designated under subparagraph

23 (A) shall use appropriate systems engineering and risk

24 management models in making decisions regarding the al25 location of funds for engineering, research, and develop-
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1 ment with respect to security technology under the pro2 gram.

3 ‘‘(C) The individual designated under subparagraph

4 (A) shall, on an annual basis, submit to the Research, En5 gineering and Development Advisory Committee a report

6 on activities under this paragraph during the preceding

7 year. Each report shall include, for the year covered by

8 such report, information on—

9 ‘‘(i) progress made in engineering, research,

10 and development with respect to security technology;

11 ‘‘(ii) the allocation of funds for engineering, re12 search, and development with respect to security

13 technology; and

14 ‘‘(iii) engineering, research, and development

15 with respect to any technologies drawn from other

16 agencies, including the rationale for engineering, re17 search, and development with respect to such tech18 nologies.’’.

19 (2) REVIEW OF THREATS.—Subsection (b)(1)

20 of that section is amended—

21 (A) by redesignating subparagraphs (A)

22 through (F) as subparagraphs (B) through (G),

23 respectively; and
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1 (B) by inserting before subparagraph (B),

2 as so redesignated, the following new subpara3 graph (A):

4 ‘‘(A) a comprehensive systems analysis (employ5 ing vulnerability analysis, threat attribute definition,

6 and technology roadmaps) of the civil aviation sys7 tem, including—

8 ‘‘(i) the destruction, commandeering, or di9 version of civil aircraft or the use of civil air10 craft as a weapon; and

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

12 including by cyber attack;’’.

13 (3) SCIENTIFIC ADVISORY PANEL.—Subsection

14 (c) of that section is amended to read as follows:

15 ‘‘(c) SCIENTIFIC ADVISORY PANEL.—(1) The Admin16 istrator shall establish a scientific advisory panel, as a sub17 committee of the Research, Engineering, and Development

18 Advisory Committee, to review, comment on, advise the

19 progress of, and recommend modifications in, the program

20 established under subsection (a) of this section, including

21 the need for long-range research programs to detect and

22 prevent catastrophic damage to commercial aircraft, com23 mercial aviation facilities, commercial aviation personnel

24 and passengers, and other components of the commercial
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1 aviation system by the next generation of terrorist weap2 ons.

3 ‘‘(2)(A) The advisory panel shall consist of individ4 uals who have scientific and technical expertise in—

5 ‘‘(i) the development and testing of effective ex6 plosive detection systems;

7 ‘‘(ii) aircraft structure and experimentation to

8 decide on the type and minimum weights of explo9 sives that an effective explosive detection technology

10 must be capable of detecting;

11 ‘‘(iii) technologies involved in minimizing air12 frame damage to aircraft from explosives; and

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

14 Administrator considers appropriate.

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

16 the Administrator should consider individuals from aca17 demia and the national laboratories, as appropriate.

18 ‘‘(3) The Administrator shall organize the advisory

19 panel into teams capable of undertaking the review of poli20 cies and technologies upon request.

21 ‘‘(4) Not later than 90 days after the date of the en22 actment of the Aviation Security Act, and every two years

23 thereafter, the Administrator shall review the composition

24 of the advisory panel in order to ensure that the expertise
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1 of the individuals on the panel is suited to the current

2 and anticipated duties of the panel.’’.

3 (c) COORDINATION WITH ATTORNEY GENERAL.—

4 Section 44912(b) of title 49, United States Code, is

5 amended by adding at the end the following:

6 ‘‘(3) Beginning on the date of enactment of the Avia7 tion Security Act, the Administrator shall conduct all re8 search related to screening technology and procedures in

9 conjunction with the Attorney General.’’.

10 SEC. 111. FLIGHT SCHOOL SECURITY.

11 (a) PROHIBITION.—Chapter 449 of title 49, United

12 States Code, is amended by adding at the end the fol13 lowing new section:

14 ‘‘§ 44939. Training to operate jet-propelled aircraft

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

16 under this part may provide training in the operation of

17 any jet-propelled aircraft to any alien (or other individual

18 specified by the Secretary of Transportation under this

19 section) within the United States unless the Attorney Gen20 eral issues to that person a certification of the completion

21 of a background investigation of the alien or other indi22 vidual under subsection (b).

23 ‘‘(b) INVESTIGATION.—

24 ‘‘(1) REQUEST.—Upon the joint request of a

25 person subject to regulation under this part and an
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1 alien (or individual specified by the Secretary) for

2 the purposes of this section, the Attorney General

3 shall—

4 ‘‘(A) carry out a background investigation

5 of the alien or individual within 30 days after

6 the Attorney General receives the request; and

7 ‘‘(B) upon completing the investigation,

8 issue a certification of the completion of the in9 vestigation to the person.

10 ‘‘(2) SCOPE.—A background investigation of an

11 alien or individual under this subsection shall consist

12 of the following:

13 ‘‘(A) A determination of whether there is

14 a record of a criminal history for the alien or

15 individual and, if so, a review of the record.

16 ‘‘(B) A determination of the status of the

17 alien under the immigration laws of the United

18 States.

19 ‘‘(C) A determination of whether the alien

20 or individual presents a national security risk to

21 the United States.

22 ‘‘(3) RECURRENT TRAINING.—The Attorney

23 General shall develop expedited procedures for re24 quests that relate to recurrent training of an alien
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1 or other individual for whom a certification has pre2 viously been issued under paragraph (1).

3 ‘‘(c) SANCTIONS.—A person who violates subsection

4 (a) shall be subject to administrative sanctions that the

5 Secretary of Transportation shall prescribe in regulations.

6 The sanctions may include suspension and revocation of

7 licenses and certificates issued under this part.

8 ‘‘(d) COVERED TRAINING.—For the purposes of sub9 section (a), training includes in-flight training, training in

10 a simulator, and any other form or aspect of training.

11 ‘‘(e) REPORTING REQUIREMENT.—Each person sub12 ject to regulation under this part that provides training

13 in the operation of any jet-propelled aircraft shall report

14 to the Secretary of Transportation, at such time and in

15 such manner as the Secretary may prescribe, the name,

16 address, and such other information as the Secretary may

17 require concerning—

18 ‘‘(1) each alien to whom such training is pro19 vided; and

20 ‘‘(2) every other individual to whom such train21 ing is provided as the Secretary may require.

22 ‘‘(f) ALIEN DEFINED.—In this section, the term

23 ‘alien’ has the meaning given the term in section 101(a)(3)

24 of the Immigration and Nationality Act (8 U.S.C.

25 1101(a)(3)).’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end the following new item:

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

4 (c) INTERNATIONAL COOPERATION.—The Secretary

5 of Transportation, in consultation with the Secretary of

6 State, shall work with the International Civil Aviation Or7 ganization and the civil aviation authorities of other coun8 tries to improve international aviation security through

9 screening programs for flight instruction candidates.

10 SEC. 112. REPORT TO CONGRESS ON SECURITY.

11 Within 60 days after the date of enactment of this

12 Act, the Attorney General and the Secretary of Transpor13 tation shall transmit a report to the Senate Committee

14 on Commerce, Science, and Transportation and the House

15 of Representatives Committee on Transportation and In16 frastructure containing their joint recommendations on

17 additional measures for the Federal Government to ad18 dress transportation security functions.

19 SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

20 The Secretary of Transportation shall submit to the

21 Senate Committee on Commerce, Science, and Transpor22 tation and the House of Representatives Committee on

23 Transportation and Infrastructure within 3 months after

24 the date of enactment of this Act a report on how to im-
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1 prove security with respect to general aviation and air

2 charter operations in the United States.

3 SEC. 114. INCREASED PENALTIES FOR INTERFERENCE

4 WITH SECURITY PERSONNEL.

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

6 States Code, is amended by inserting after section 46502

7 the following:

8 ‘‘§ 46503. Interference with security screening per9 sonnel

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

11 airport in the United States who, by assaulting or intimi12 dating a Federal, airport, or air carrier employee who has

13 security duties within the airport, interferes with the per14 formance of the duties of the employee or lessens the abil15 ity of the employee to perform those duties, shall be fined

16 under title 18, imprisoned for not more than 10 years,

17 or both. If the individual used a dangerous weapon in com18 mitting the assault, intimidation, or interference, the indi19 vidual may be imprisoned for any term of years or life

20 imprisonment.’’.

21 (b) CONFORMING AMENDMENT.—The chapter anal22 ysis for chapter 465 of such title is amended by inserting

23 after the item relating to section 46502 the following:

‘‘46503. Interference with security screening personnel’’.
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1 SEC. 115. SECURITY-RELATED STUDY BY FAA.

2 Within 120 days after the date of enactment of this

3 Act, the Administrator of the Federal Aviation Adminis4 tration shall transmit to the Senate Committee on Com5 merce, Science, and Transportation and the House of Rep6 resentatives Committee on Transportation and Infrastruc7 ture a report setting forth the Administrator’s findings

8 and recommendations on the following aviation security9 related issues:

10 (1) A requirement that individuals employed at

11 an airport with scheduled passenger service, and law

12 enforcement personnel at such an airport, be

13 screened via electronic identity verification or, until

14 such verification is possible, have their identity

15 verified by visual inspection.

16 (2) The installation of switches in the cabin for

17 use by cabin crew to notify the flight crew discreetly

18 that there is a security breach in the cabin.

19 (3) A requirement that air carriers and airports

20 revalidate all employee identification cards using

21 hologram stickers, through card re-issuance, or

22 through electronic revalidation.

23 (4) The updating of the common strategy used

24 by the Administration, law enforcement agencies, air

25 carriers, and flight crews during hijackings to in26 clude measures to deal with suicidal hijackers and
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1 other extremely dangerous events not currently dealt

2 with by the strategy.

3 (5) The use of technology that will permit en4 hanced instant communications and information be5 tween airborne passenger aircraft and appropriate

6 individuals or facilities on the ground.

7 SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CER8 TAIN STATES.

9 (a) IN GENERAL.—Notwithstanding any provision of

10 section 41309(a) of title 49, United States Code, to the

11 contrary, air carriers providing air transportation on

12 flights which both originate and terminate at points within

13 the same State may file an agreement, request, modifica14 tion, or cancellation of an agreement within the scope of

15 that section with the Secretary of Transportation upon a

16 declaration by the Governor of the State that such agree17 ment, request, modification, or cancellation is necessary

18 to ensure the continuing availability of such air transpor19 tation within that State.

20 (b) APPROVAL OF SECRETARY.—The Secretary may

21 approve any such agreement, request, modification, or

22 cancellation and grant an exemption under section

23 41308(c) of title 49, United States Code, to the extent

24 necessary to effectuate such agreement, request, modifica-
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1 tion, or cancellation, without regard to the provisions of

2 section 41309(b) or (c) of that title.

3 (c) PUBLIC INTEREST REQUIREMENT.—The Sec4 retary may approve such an agreement, request, modifica5 tion, or cancellation if the Secretary determines that—

6 (1) the State to which it relates has extraor7 dinary air transportation needs and concerns; and

8 (2) approval is in the public interest.

9 (d) TERMINATION.—An approval under subsection

10 (b) and an exemption under section 41308(c) of title 49,

11 United States Code, granted under subsection (b) shall

12 terminate on the earlier of the 2 following dates:

13 (1) A date established by the Secretary in the

14 Secretary’s discretion.

15 (2) October 1, 2002.

16 (e) EXTENSION.—Notwithstanding subsection (d), if

17 the Secretary determines that it is in the public interest,

18 the Secretary may extend the termination date under sub19 section (d)(2) until a date no later than October 1, 2003.

20 SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

21 (a) IN GENERAL.—In order to ensure that all airline

22 computer reservation systems maintained by United

23 States air carriers are secure from unauthorized access by

24 persons seeking information on reservations, passenger

25 manifests, or other non-public information, the Secretary
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1 of Transportation shall require all such air carriers to uti2 lize to the maximum extent practicable the best technology

3 available to secure their computer reservation system

4 against such unauthorized access.

5 (b) REPORT.—The Secretary shall transmit an an6 nual report to the Senate Committee on Commerce,

7 Science, and Transportation and to the House of Rep8 resentatives Committee on Transportation and Infrastruc9 ture on compliance by United States air carriers with the

10 requirements of subsection (a).

11 SEC. 118. SECURITY FUNDING.

12 (a) USER FEE FOR SECURITY SERVICES.—

13 (1) IN GENERAL.—Chapter 481 is amended by

14 adding at the end thereof the following:

15 ‘‘§ 48114. User fee for security services charge

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

17 shall collect a user fee from air carriers. Amounts collected

18 under this section shall be treated as offsetting collections

19 to offset annual appropriations for the costs of providing

20 aviation security services.

21 ‘‘(b) AMOUNT OF FEE.—Air carriers shall remit

22 $2.50 for each passenger enplanement.

23 ‘‘(c) USE OF FEES.—A fee collected under this sec24 tion shall be used solely for the costs associated with pro-
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1 viding aviation security services and may be used only to

2 the extent provided in advance in an appropriation law.’’.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions for chapter 481 is amended by adding at the

5 end thereof the following:

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

6 (3) EFFECTIVE DATE.—The amendment made

7 by paragraph (1) shall apply with respect to trans8 portation beginning after the date which is 180 days

9 after the date of enactment of this Act.

10 (b) SPECIFIC AUTHORIZATION OF APPROPRIA11 TIONS.—

12 (1) IN GENERAL.—Part C of subtitle VII of

13 title 49, United States Code, is amended by adding

14 at the end the following:

15 ‘‘CHAPTER 483. AVIATION SECURITY FUNDING.

‘‘Sec.

‘‘48301. Aviation security funding

16 ‘‘§ 48301. Aviation security funding

17 ‘‘There are authorized to be appropriated for fiscal

18 years 2002, 2003, and 2004, such sums as may be nec19 essary to carry out chapter 449 and related aviation secu20 rity activities under this title.’’.

21 (2) CONFORMING AMENDMENT.—The subtitle

22 analysis for subtitle VII of title 49, United States
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1 Code, is amended by inserting after the item relating

2 to chapter 482 the following:

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

3 SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION

4 SECURITY.

5 (a) LIMITED USE OF AIRPORT IMPROVEMENT PRO6 GRAM FUNDS.—

7 (1) BLANKET AUTHORITY.—Notwithstanding

8 any provision of law to the contrary, including any

9 provision of chapter 471 of title 49, United States

10 Code, or any rule, regulation, or agreement there11 under, for fiscal year 2002 the Administrator of the

12 Federal Aviation Administration may permit an air13 port operator to use amounts made available under

14 that chapter to defray additional direct security-re15 lated expenses imposed by law or rule after Sep16 tember 11, 2001, for which funds are not otherwise

17 specifically appropriated or made available under

18 this or any other Act.

19 (2) AIRPORT DEVELOPMENT FUNDS.—Section

20 47102(3) of title 49, United States Code, is amend21 ed by adding at the end the following:

22 ‘‘(J) after September 11, 2001, and before

23 October 1, 2002, for fiscal year 2002, addi24 tional operational requirements, improvement of

25 facilities, purchase and deployment of equip-
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1 ment, hiring, training, and providing appro2 priate personnel, or an airport or any aviation

3 operator at an airport, that the Secretary deter4 mines will enhance and ensure the security of

5 passengers and other persons involved in air

6 travel.’’.

7 (3) ALLOWABLE COSTS.—Section 47110(b)(2)

8 of title 49, United States Code, is amended—

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

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

11 subparagraph (C); and

12 (C) by adding at the end the following:

13 ‘‘(D) if the cost is incurred after Sep14 tember 11, 2001, for a project described in sec15 tion 47102(3)(J), and shall not depend upon

16 the date of execution of a grant agreement

17 made under this subchapter;’’.

18 (4) DISCRETIONARY GRANTS.—Section 47115

19 of title 49, United States Code, is amended by add20 ing at the end the following:

21 ‘‘(i) CONSIDERATIONS FOR PROJECT UNDER EX22 PANDED SECURITY ELIGIBILITY.—In order to assure that

23 funding under this subchapter is provided to the greatest

24 needs, the Secretary, in selecting a project described in

25 section 47102(3)(J) for a grant, shall consider the non-
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1 federal resources available to sponsor, the use of such non2 federal resources, and the degree to which the sponsor is

3 providing increased funding for the project.’’.

4 (5) FEDERAL SHARE.—Section 47109(a) of

5 title 49, United States Code, is amended—

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

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

8 and inserting ‘‘47134; and’’; and

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

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

11 project described in section 47102(3)(J).’’.

12 (b) APPORTIONED FUNDS.—For the purpose of car13 rying out section 47114 of title 49, United States Code,

14 for fiscal year 2003, the Secretary shall use, in lieu of

15 passenger boardings at an airport during the prior cal16 endar year, the greater of—

17 (1) the number of passenger boardings at that

18 airport during 2000; or

19 (2) the number of passenger boardings at that

20 airport during 2001.

21 (c) EXPEDITED PROCESSING OF SECURITY-RELATED

22 PFC REQUESTS.—The Administrator of the Federal

23 Aviation Administration shall, to the extent feasible, expe24 dite the processing and approval of passenger facility fee

25 requests under subchapter I of chapter 471 of title 49,
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1 United States Code, for projects described in section

2 47192(3)(J) of title 49, United States Code.

3 SEC. 120. AUTHORIZATION OF FUNDS FOR REIMBURSE4 MENT OF AIRPORTS FOR SECURITY MAN5 DATES.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to the Secretary of

8 Transportation such sums as may be necessary for fiscal

9 year 2002 to compensate airport operators for eligible se10 curity costs.

11 (b) REIMBURSABLE COSTS.—The Secretary may re12 imburse an airport operator (from amounts made available

13 for obligation under subsection (a)) for the direct costs

14 incurred by the airport operator in complying with new,

15 additional, or revised security requirements imposed on

16 airport operators by the Federal Aviation Administration

17 on or after September 11, 2001.

18 (c) DOCUMENTATION OF COSTS; AUDIT.—The Sec19 retary may not reimburse an airport operator under this

20 section for any cost for which the airport operator does

21 not demonstrate to the satisfaction of the Secretary, using

22 sworn financial statements or other appropriate data,

23 that—

24 (1) the cost is eligible for reimbursement under

25 subsection (b); and
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1 (2) the cost was incurred by the airport oper2 ator.

3 The Inspector General of the Department of Transpor4 tation and the Comptroller General of the United States

5 may audit such statements and may request any other in6 formation that necessary to conduct such an audit.

7 (d) CLAIM PROCEDURE.—Within 30 days after the

8 date of enactment of this Act, the Secretary, after con9 sultation with airport operators, shall publish in the Fed10 eral Register the procedures for filing claims for reim11 bursement under this section of eligible costs incurred by

12 airport operators.

13 SEC. 121. ENCOURAGING AIRLINE EMPLOYEES TO REPORT

14 SUSPICIOUS ACTIVITIES.

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

16 title 49, United States Code, is amended by inserting at

17 the end the following:

18 ‘‘§ 44940. Immunity for reporting suspicious activities

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

20 carrier or any employee of an air carrier or foreign air

21 carrier who makes a voluntary disclosure of any suspicious

22 transaction relevant to a possible violation of law or regu23 lation, relating to air piracy, a threat to aircraft or pas24 senger safety, or terrorism, as defined by section 3077 of

25 title 18, United States Code, to any employee or agent
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1 of the Department of Transportation, the Department of

2 Justice, any Federal, State, or local law enforcement offi3 cer, or any airport or airline security officer shall not be

4 civilly liable to any person under any law or regulation

5 of the United States, any constitution, law, or regulation

6 of any State or political subdivision of any State, for such

7 disclosure.

8 ‘‘(b) APPLICATION.—Subsection (a) shall not apply

9 to—

10 ‘‘(1) any disclosure made with actual knowledge

11 that the disclosure was false, inaccurate, or mis12 leading; or

13 ‘‘(2) any disclosure made with reckless dis14 regard as to the truth or falsity of that disclosure.

15 ‘‘§ 44941. Sharing security risk information

16 ‘‘The Attorney General, in consultation with the Dep17 uty Secretary for Transportation Security and the Direc18 tor of the Federal Bureau of Investigation, shall establish

19 procedures for notifying the Administrator of the Federal

20 Aviation Administration, and airport or airline security of21 ficers, of the identity of persons known or suspected by

22 the Attorney General to pose a risk of air piracy or ter23 rorism or a threat to airline or passenger safety.’’.

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

25 of enactment of this Act, the Attorney General shall report
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1 to the Senate Committee on Commerce, Science, and

2 Transportation, the House Committe on Transportation

3 and Infrastructure, and the Judiciary Committees of the

4 Senate and the House of Representatives on the imple5 mentation of the procedures required under section 44941

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

7 (c) CHAPTER ANALYSIS.—The chapter analysis for

8 chapter 449 of title 49, United States Code, is amended

9 by inserting at the end the following:

‘‘44940. Immunity for reporting suspicious activities.

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

10 SEC. 122. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT

11 DECK CREWS.

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

13 National Institute of Justice shall assess the range of less14 than-lethal weaponry available for use by a flight deck

15 crewmember temporarily to incapacitate an individual who

16 presents a clear and present danger to the safety of the

17 aircraft, its passengers, or individuals on the ground and

18 report its findings and recommendations to the Secretary

19 of Transportation within 90 days after the date of enact20 ment of this Act.

21 Section 44903 of title 49, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(h) AUTHORITY TO ARM FLIGHT DECK CREW WITH

24 LESS-THAN-LETHAL WEAPONS.—
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1 ‘‘(1) IN GENERAL.—If the Secretary, after re2 ceiving the recommendations of the National Insti3 tute of Justice, determines, with the approval of the

4 Attorney General and the Secretary of State, that it

5 is appropriate and necessary and would effectively

6 serve the public interest in avoiding air piracy, the

7 Secretary may authorize members of the flight deck

8 crew on any aircraft providing air transportation or

9 intrastate air transportation to carry a less-than-le10 thal weapon while the aircraft is engaged in pro11 viding such transportation.

12 ‘‘(2) USAGE.—If the Secretary grants authority

13 under paragraph (1) for flight deck crew members

14 to carry a less-than-lethal weapon while engaged in

15 providing air transportation or intrastate air trans16 portation, the Secretary shall—

17 ‘‘(A) prescribe rules requiring that any

18 such crew member be trained in the proper use

19 of the weapon; and

20 ‘‘(B) prescribe guidelines setting forth the

21 circumstances under which such weapons may

22 be used.’’.

23 SEC. 123. MAIL AND FREIGHT WAIVERS.

24 During a national emergency affecting air transpor25 tation or intrastate air transportation, the Secretary of
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1 Transportation, after consultation with the Aviation Secu2 rity Coordination Council, may grant a complete or partial

3 waiver of any restrictions on the carriage by aircraft of

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

5 patients on aircraft, imposed by the Department of Trans6 portation (or other Federal agency or department) that

7 would permit such carriage of freight, mail, emergency

8 medical supplies, personnel, or patients on flights, to,

9 from, or within States with extraordinary air transpor10 tation needs or concerns if the Secretary determines that

11 the waiver is in the public interest, taking into consider12 ation the isolation of and dependence on air transportation

13 of such States. The Secretary may impose reasonable limi14 tations on any such waivers.

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

16 (a) IN GENERAL.—The Secretary of Transportation

17 shall establish procedures to ensure the safety and integ18 rity of all supplies, including catering and passenger

19 amenities, placed aboard aircraft providing passenger air

20 transportation or intrastate air transportation.

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

22 Secretary may require—

23 (1) security procedures for suppliers and their

24 facilities;
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1 (2) the sealing of supplies to ensure easy visual

2 detection of tampering; and

3 (3) the screening of personnel, vehicles, and

4 supplies entering secured areas of the airport or

5 used in servicing aircraft.

6 SEC. 125. FLIGHT DECK SECURITY

7 (a) SHORT TITLE.—This section may be cited as the

8 ‘‘Flight Deck Security Act of 2001’’.

9 (b) FINDINGS.—Congress makes the following find10 ings:

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

12 four civilian aircraft, crashing two of the aircraft

13 into the towers of the World Trade Center in New

14 York, New York, and a third into the Pentagon out15 side Washington, District of Columbia.

16 (2) Thousands of innocent Americans and citi17 zens of other countries were killed or injured as a

18 result of these attacks, including the passengers and

19 crew of the four aircraft, workers in the World

20 Trade Center and in the Pentagon, rescue workers,

21 and bystanders.

22 (3) These attacks destroyed both towers of the

23 World Trade Center, as well as adjacent buildings,

24 and seriously damaged the Pentagon.
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1 (4) These attacks were by far the deadliest ter2 rorist attacks ever launched against the United

3 States and, by targeting symbols of America, clearly

4 were intended to intimidate our Nation and weaken

5 its resolve.

6 (5) Armed pilots, co-pilots, and flight engineers

7 with proper training will be the last line of defense

8 against terrorist by providing cockpit security and

9 aircraft security.

10 (6) Secured doors separating the flight deck

11 from the passenger cabin have been effective in de12 terring hijackings in other nations and will serve as

13 a deterrent to future contemplated acts of terrorism

14 in the United States.

15 (c) AVIATION SAFETY AND THE SUPPRESSION OF

16 TERRORISM BY COMMERCIAL AIRCRAFT.—

17 (1) POSSESSION OF FIREARMS ON COMMERCIAL

18 FLIGHTS.—The Federal Aviation Administration

19 (FAA) is authorized to permit a pilot, co-pilot, or

20 flight engineer of a commercial aircraft who has suc21 cessfully completed the requirements of paragraph

22 (2), or who is not otherwise prohibited by law from

23 possessing a firearm, from possessing or carrying a

24 firearm approved by the FAA for the protection of
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1 the aircraft under procedures or regulations as nec2 essary to ensure the safety and integrity of flight.

3 (2) FEDERAL PILOT OFFICERS.—(A) In addi4 tion to the protections provided by paragraph (1),

5 the FAA shall also establish a voluntary program to

6 train and supervise commercial airline pilots.

7 (B) Under the program, the FAA shall make

8 available appropriate training and supervision for all

9 such pilots, which may include training by private

10 entities.

11 (C) The power granted to such persons shall be

12 limited to enforcing Federal law in the cockpit of

13 commercial aircraft and, under reasonable cir14 cumstances the passenger compartment to protect

15 the integrity of the commercial aircraft and the lives

16 of the passengers.

17 (D) The FAA shall make available appropriate

18 training to any qualified pilot who requests such

19 training pursuant to this title.

20 (E) The FAA may prescribe regulations for

21 purposes of this section.

22 (d) REPORTS TO CONGRESS.—Not later than six

23 months after the date of the enactment of this Act, and

24 every six months thereafter, the Secretary of Transpor25 tation shall submit to Congress a report on the effective-
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1 ness of the requirements in this section in facilitating com2 mercial aviation safety and the suppression of terrorism

3 by commercial aircraft.

4 SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

5 Section 44703(g) of title 49, United States Code, is

6 amended—

7 (1) in the first sentence of paragraph (1)—

8 (A) by striking ‘‘pilots’’ and inserting ‘‘air9 men’’; and

10 (B) by striking the period and inserting

11 ‘‘and related to combating acts of terrorism.’’;

12 and

13 (2) by adding at the end, the following new

14 paragraphs:

15 ‘‘(3) For purposes of this section, the term ‘acts of

16 terrorism’ means an activity that involves a violent act or

17 an act dangerous to human life that is a violation of the

18 criminal laws of the United States or of any State, or that

19 would be a criminal violation if committed within the juris20 diction of the United States or of any State, and appears

21 to be intended to intimidate or coerce a civilian population

22 to influence the policy of a government by intimidation

23 or coercion or to affect the conduct of a government by

24 assassination or kidnaping.
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1 ‘‘(4) The Administrator is authorized and directed to

2 work with State and local authorities, and other Federal

3 agencies, to assist in the identification of individuals ap4 plying for or holding airmen certificates.’’.

5 SEC. 127. RESULTS-BASED MANAGEMENT.

6 Subchapter II of chapter 449 of title 49, United

7 States Code, is amended by adding at the end the fol8 lowing:

9 ‘‘§ 44942. Performance Goals and Objectives

10 ‘‘(a) SHORT TERM TRANSITION.—

11 ‘‘(1) IN GENERAL.—Within 60 days of enact12 ment, the Deputy Secretary for Transportation Se13 curity shall, in consultation with Congress—

14 ‘‘(A) establish acceptable levels of perform15 ance for aviation security, including screening

16 operations and access control, and

17 ‘‘(B) provide Congress with an action plan,

18 containing measurable goals and milestones,

19 that outlines how those levels of performance

20 will be achieved.

21 ‘‘(2) BASICS OF ACTION PLAN.—The action

22 plan shall clarify the responsibilities of the Depart23 ment of Transportation, the Federal Aviation Ad24 ministration and any other agency or organization
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1 that may have a role in ensuring the safety and se2 curity of the civil air transportation system.

3 ‘‘(b) LONG-TERM RESULTS-BASED MANAGEMENT.—

4 ‘‘(1) PERFORMANCE PLAN AND REPORT.—

5 ‘‘(A) PERFORMANCE PLAN.—(i) Each year,

6 consistent with the requirements of the Govern7 ment Performance and Results Act of 1993

8 (GPRA), the Secretary and the Deputy Sec9 retary for Transportation Security shall agree

10 on a performance plan for the succeeding 5

11 years that establishes measurable goals and ob12 jectives for aviation security. The plan shall

13 identify action steps necessary to achieve such

14 goals.

15 ‘‘(ii) In addition to meeting the require16 ments of GPRA, the performance plan shall

17 clarify the responsibilities of the Secretary, the

18 Deputy Secretary for Transportation Security

19 and any other agency or organization that may

20 have a role in ensuring the safety and security

21 of the civil air transportation system.

22 ‘‘(iii) The performance plan shall be avail23 able to the public. The Deputy Secretary for

24 Transportation Security may prepare a non25 public appendix covering performance goals and
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1 indicators that, if revealed to the public, would

2 likely impede achievement of those goals and in3 dicators.

4 ‘‘(B) PERFORMANCE REPORT.—(i) Each

5 year, consistent with the requirements of

6 GPRA, the Deputy Secretary for Transpor7 tation Security shall prepare and submit to

8 Congress an annual report including an evalua9 tion of the extent goals and objectives were met.

10 The report shall include the results achieved

11 during the year relative to the goals established

12 in the performance plan.

13 ‘‘(ii) The performance report shall be avail14 able to the public. The Deputy Secretary for

15 Transportation Security may prepare a non16 public appendix covering performance goals and

17 indicators that, if revealed to the public, would

18 likely impede achievement of those goals and in19 dicators.

20 ‘‘§ 44943. Performance Management System

21 ‘‘(a) ESTABLISHING A FAIR AND EQUITABLE SYS22 TEM FOR MEASURING STAFF PERFORMANCE.—The Dep23 uty Secretary for Transportation Security shall establish

24 a performance management system which strengthens the

25 organization’s effectiveness by providing for the establish-
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1 ment of goals and objectives for managers, employees, and

2 organizational performance consistent with the perform3 ance plan.

4 ‘‘(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY

5 FOR MEETING PERFORMANCE GOALS.—(1) Each year,

6 the Secretary and Deputy Secretary for Transportation

7 Security shall enter into an annual performance agree8 ment that shall set forth organizational and individual per9 formance goals for the Deputy Secretary.

10 ‘‘(2) Each year, the Deputy Secretary for Transpor11 tation Security and each senior manager who reports to

12 the Deputy Secretary for Transportation Security shall

13 enter into an annual performance agreement that sets

14 forth organization and individual goals for those man15 agers. All other employees hired under the authority of

16 the Deputy Secretary for Transportation Security shall

17 enter into an annual performance agreement that sets

18 forth organization and individual goals for those employ19 ees.

20 ‘‘(c) COMPENSATION FOR THE DEPUTY SECRETARY

21 FOR TRANSPORTATION SECURITY.—

22 ‘‘(1) IN GENERAL.—The Deputy Secretary for

23 Transportation Security is authorized to be paid at

24 an annual rate of pay payable to level II of the Ex25 ecutive Schedule.
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1 ‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad2 dition, the Deputy Secretary for Transportation Se3 curity may receive bonuses or other incentives, based

4 upon the Secretary’s evaluation of the Deputy Sec5 retary’s performance in relation to the goals set

6 forth in the agreement. Total compensation cannot

7 exceed the Secretary’s salary.

8 ‘‘(d) COMPENSATION FOR MANAGERS AND OTHER

9 EMPLOYEES.—

10 ‘‘(1) IN GENERAL.—A senior manager reporting

11 directly to the Deputy Secretary for Transportation

12 Security may be paid at an annual rate of basic pay

13 of not more than the maximum rate of basic pay for

14 the Senior Executive Service under section 5382 of

15 title 5, United States Code.

16 ‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad17 dition, senior managers can receive bonuses or other

18 incentives based on the Deputy Secretary for Trans19 portation Security’s evaluation of their performance

20 in relation to goals in agreements. Total compensa21 tion cannot exceed 125 percent of the maximum rate

22 of base pay for the Senior Executive Service. Fur23 ther, the Deputy Secretary for Transportation Secu24 rity shall establish, within the performance manage25 ment system, a program allowing for the payment of
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1 bonuses or other incentives to other managers and

2 employees. Such a program shall provide for bonuses

3 or other incentives based on their performance.

4 ‘‘(e) PERFORMANCE-BASED SERVICE CON5 TRACTING.—To the extent contracts, if any, are used to

6 implement the Aviation Security Act, the Deputy Sec7 retary for Transportation Security shall, to the extent

8 practical, maximize the use of performance-based service

9 contracts. These contracts should be consistent with

10 guidelines published by the Office of Federal Procurement

11 Policy.’’.

12 SEC. 128. USE OF FACILITIES.

13 (a) EMPLOYOMENT REGISTER.—Notwithstanding

14 any other provision of law, the Secretary of Transpor15 tation shall establish and maintain an employment reg16 ister.

17 (b) TRAINING FACILITY.—The Secretary of Trans18 portation may, where feasible, use the existing Federal

19 Aviation Administration’s training facilities, to design, de20 velop, or conduct training of security screening personnel.
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1 SEC. 129. REPORT ON NATIONAL AIR SPACE RESTRICTIONS

2 PUT IN PLACE AFTER TERRORIST ATTACKS

3 THAT REMAIN IN PLACE.

4 (a) REPORT.—Within 30 days of the enactment of

5 this Act, the President shall submit to the committees of

6 Congress specified in subsection (b) a report containing—

7 (1) a description of each restriction, if any, on

8 the use of national airspace put in place as a result

9 of the September 11, 2001, terrorist attacks that re10 mains in place as of the date of the enactment of

11 this Act; and

12 (2) a justification for such restriction remaining

13 in place.

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

15 Congress specified in this subsection are the following:

16 (1) The Select Committee on Intelligence of the

17 Senate.

18 (2) The Permanent Select Committee on Intel19 ligence of the House of Representatives.

20 (3) The Committee on Commerce, Science, and

21 Transportation of the Senate.

22 (4) The Committee on Transportation and In23 frastructure of the House of Representatives.
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1 SEC. 130. VOLUNTARY PROVISION OF EMERGENCY SERV2 ICES DURING COMMERCIAL FLIGHTS.

3 (a) PROGRAM FOR PROVISION OF VOLUNTARY SERV4 ICES.—

5 (1) PROGRAM.—The Secretary of Transpor6 tation shall carry out a program to permit qualified

7 law enforcement officers, firefighters, and emergency

8 medical technicians to provide emergency services on

9 commercial air flights during emergencies.

10 (2) REQUIREMENTS.—The Secretary shall es11 tablish such requirements for qualifications of pro12 viders of voluntary services under the program under

13 paragraph (1), including training requirements, as

14 the Secretary considers appropriate.

15 (3) CONFIDENTIALITY OF REGISTRY.—If as

16 part of the program under paragraph (1) the Sec17 retary requires or permits registration of law en18 forcement officers, firefighters, or emergency med19 ical technicians who are willing to provide emergency

20 services on commercial flights during emergencies,

21 the Secretary shall take appropriate actions to en22 sure that the registry is available only to appropriate

23 airline personnel and otherwise remains confidential.

24 (4) CONSULTATION.—The Secretary shall con25 sult with appropriate representatives of the commer26 cial airline industry, and organizations representing
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1 community-based law enforcement, firefighters, and

2 emergency medical technicians, in carrying out the

3 program under paragraph (1), including the actions

4 taken under paragraph (3).

5 (b) PROTECTION FROM LIABILITY.—

6 (1) IN GENERAL.—Subchapter II of chapter

7 449 of title 49, United States Code, is amended by

8 adding at the end the following new section:

9 ‘‘§ 44944. Exemption of volunteers from liability

10 ‘‘(a) IN GENERAL.—An individual shall not be liable

11 for damages in any action brought in a Federal or State

12 court that arises from an act or omission of the individual

13 in providing or attempting to provide assistance in the

14 case of an inflight emergency in an aircraft of an air car15 rier if the individual meets such qualifications as the Sec16 retary shall prescribe for purposes of this section.

17 ‘‘(b) EXCEPTION.—The exemption under subsection

18 (a) shall not apply in any case in which an individual pro19 vides, or attempts to provide, assistance described in that

20 paragraph in a manner that constitutes gross negligence

21 or willful misconduct.’’.

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended

24 by adding at the end the following new item:

‘‘44944. Exemption of volunteers from liability.’’.
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1 (c) CONSTRUCTION REGARDING POSSESSION OF

2 FIREARMS.—Nothing in this section may be construed to

3 require any modification of regulations of the Department

4 of Transportation governing the possession of firearms

5 while in aircraft or air transportation facilities or to au6 thorize the possession of a firearm in an aircraft or any

7 such facility not authorized under those regulations.

8 SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.

9 (a) SECURITY FOR LARGER AIRCRAFT.—

10 (1) PROGRAM REQUIRED.—Not later than 90

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

12 Administrator of the Federal Aviation Administra13 tion shall commence implementation of a program to

14 provide security screening for all aircraft operations

15 conducted with respect to any aircraft having a max16 imum certified takeoff weight of more than 12,500

17 pounds that is not operating as of the date of the

18 implementation of the program under security proce19 dures prescribed by the Administrator.

20 (2) WAIVER.—

21 (A) AUTHORITY TO WAIVE.—The Adminis22 trator may waive the applicability of the pro23 gram under this section with respect to any air24 craft or class of aircraft otherwise described by

25 this section if the Administrator determines
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1 that aircraft described in this section can be op2 erated safely without the applicability of the

3 program to such aircraft or class of aircraft, as

4 the case may be.

5 (B) LIMITATIONS.—A waiver under sub6 paragraph (A) may not go into effect—

7 (i) unless approved by the Secretary

8 of Transportation; and

9 (ii) until 10 days after the date on

10 which notice of the waiver has been sub11 mitted to the appropriate committees of

12 Congress.

13 (3) PROGRAM ELEMENTS.—The program under

14 paragraph (1) shall require the following:

15 (A) The search of any aircraft covered by

16 the program before takeoff.

17 (B) The screening of all crew members,

18 passengers, and other persons boarding any air19 craft covered by the program, and their prop20 erty to be brought on board such aircraft, be21 fore boarding.

22 (4) PROCEDURES FOR SEARCHES AND SCREEN23 ING.—The Administrator shall develop procedures

24 for searches and screenings under the program
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1 under paragraph (1). Such procedures may not be

2 implemented until approved by the Secretary.

3 (b) SECURITY FOR SMALLER AIRCRAFT.—

4 (1) PROGRAM REQUIRED.—Not later than one

5 year after the date of the enactment of this Act, the

6 Administrator shall commence implementation of a

7 program to provide security for all aircraft oper8 ations conducted with respect to any aircraft having

9 a maximum certified takeoff weight of 12,500

10 pounds or less that is not operating as of the date

11 of the implementation of the program under security

12 procedures prescribed by the Administrator. The

13 program shall address security with respect to crew

14 members, passengers, baggage handlers, mainte15 nance workers, and other individuals with access to

16 aircraft covered by the program, and to baggage.

17 (2) REPORT ON PROGRAM.—Not later than 180

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

19 Secretary shall submit to the appropriate committees

20 of Congress a report containing a proposal for the

21 program to be implemented under paragraph (1).

22 (c) BACKGROUND CHECKS FOR ALIENS ENGAGED IN

23 CERTAIN TRANSACTIONS REGARDING AIRCRAFT.—

24 (1) REQUIREMENT.—Notwithstanding any

25 other provision of law and subject to paragraph (2),
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1 no person or entity may sell, lease, or charter any

2 aircraft to an alien, or any other individual specified

3 by the Secretary for purposes of this subsection,

4 within the United States unless the Attorney Gen5 eral issues a certification of the completion of a

6 background investigation of the alien, or other indi7 vidual, as the case may be, that meets the require8 ments of section 44939(b) of title 49, United States

9 Code, as added by section 111 of this title.

10 (2) EXPIRATION.—The prohibition in para11 graph (1) shall expire as follows:

12 (A) In the case of an aircraft having a

13 maximum certified takeoff weight of more than

14 12,500 pounds, upon implementation of the

15 program required by subsection (a).

16 (B) In the case of an aircraft having a

17 maximum certified takeoff weight of 12,500

18 pounds or less, upon implementation of the pro19 gram required by subsection (b).

20 (3) ALIEN DEFINED.—In this subsection, the

21 term ‘‘alien’’ has the meaning given that term in

22 section 44939(f) of title 49, United States Code, as

23 so added.
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1 (d) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate commit3 tees of Congress’’ means—

4 (1) the Committee on Commerce, Science, and

5 Transportation of the Senate; and

6 (2) the Committee on Commerce of the House

7 of Representatives.

8 SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION

9 TECHNOLOGIES.

10 (a) IN GENERAL.—Not later than September 30,

11 2002, the Assistant Administrator for Civil Aviation Secu12 rity shall review and make a determination on the feasi13 bility of implementing technologies described in subsection

14 (b).

15 (b) TECHNOLOGIES DESCRIBED.—The technologies

16 described in this subsection are technologies that are—

17 (1) designed to protect passengers, aviation em18 ployees, air cargo, airport facilities, and airplanes;

19 and

20 (2) material specific and able to automatically

21 and non-intrusively detect, without human interpre22 tation and without regard to shape or method of

23 concealment, explosives, illegal narcotics, hazardous

24 chemical agents, and nuclear devices.
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1 SEC. 133. REPORT ON NEW RESPONSIBILITIES OF THE DE2 PARTMENT OF JUSTICE FOR AVIATION SECU3 RITY.

4 Not later than 120 days after the date of enactment

5 of this Act, the Attorney General shall report to the House

6 Committee on the Judiciary, the Senate Committee on the

7 Judiciary, the House Committee on Transportation and

8 Infrastructure, and the Senate Committee on Commerce,

9 Science, and Transportation on the new responsibilities of

10 the Department of Justice for aviation security under this

11 title.

12 SEC. 134. DEFINITIONS.

13 Except as otherwise explicitly provided, any term

14 used in this title that is defined in section 40102 of title

15 49, United States Code, has the meaning given that term

16 in that section.
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1 TITLE II—DEPLOYMENT AND

2 USE OF SECURITY TECH3 NOLOGIES

4 Subtitle A—Expanded Deployment

5 and Utilization of Current Secu6 rity Technologies and Proce7 dures

8 SEC. 201. EXPANDED DEPLOYMENT AND UTILIZATION OF

9 CURRENT SECURITY TECHNOLOGIES AND

10 PROCEDURES.

11 (a) IN GENERAL.—The Administrator of the Federal

12 Aviation Administration shall require that employment in13 vestigations, including criminal history record checks, for

14 all individuals described in section 44936(a)(1) of title 49,

15 United States Code, who are existing employees, at air16 ports regularly serving an air carrier holding a certificate

17 issued by the Secretary of Transportation, should be com18 pleted within 9 months unless such individuals have had

19 such investigations and checks within 5 years of the date

20 of enactment of this Act. The Administrator shall devise

21 an alternative method for background checks for a person

22 applying for any airport security position who has lived

23 in the United States less than 5 years and shall have such

24 alternative background check in place as soon as possible.

25 The Administrator shall work with the International Civil
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1 Aviation Organization and with appropriate authorities of

2 foreign governments in devising such alternative method.

3 (b) EXPLOSIVE DETECTION.—

4 (1) IN GENERAL.—The Administrator of the

5 Federal Aviation Administration shall deploy and

6 oversee the usage of existing bulk explosives detec7 tion technology already at airports for checked bag8 gage. Not later than 60 days after the date of enact9 ment of this Act, the Administrator shall establish

10 confidential goals for—

11 (A) deploying by a specific date all existing

12 bulk explosives detection scanners purchased

13 but not yet deployed by the Federal Aviation

14 Administration;

15 (B) a specific percentage of checked bag16 gage to be scanned by bulk explosives detection

17 machines within 6 months, and annual goals

18 thereafter with an eventual goal of scanning

19 100 percent of checked baggage; and

20 (C) the number of new bulk explosives de21 tection machines that will be purchased by the

22 Federal Aviation Administration for deployment

23 at the Federal Aviation Administration-identi24 fied midsized airports within 6 months.
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1 (2) USE OF FUNDS.—For purposes of carrying

2 out this subtitle, airport operators may use funds

3 available under the Airport Improvement Program

4 described in chapter 471 of title 49, United States

5 Code, to reconfigure airport baggage handling areas

6 to accommodate the equipment described in para7 graph (1), if necessary. Not later than 12 months

8 after the date of enactment of this Act, and annually

9 thereafter, the Administrator shall report, on a con10 fidential basis, to the Committee on Commerce,

11 Science, and Transportation of the Senate and the

12 Committee on Transportation and Infrastructure of

13 the House of Representatives, the Government Ac14 counting Office, and the Inspector General of the

15 Department of Transportation, regarding the goals

16 and progress the Administration is making in

17 achieving those goals described in paragraph (1).

18 (3) AIRPORT DEVELOPMENT.—Section

19 47102(3)(B) of title 49, United States Code, is

20 amended—

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

22 (viii);

23 (B) by striking the period at the end of

24 clause (ix) and inserting ‘‘; and’’; and
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1 (C) by inserting after clause (ix) the fol2 lowing new clause:

3 ‘‘(x) replacement of baggage conveyor

4 systems, and reconfiguration of terminal

5 luggage areas, that the Secretary deter6 mines are necessary to install bulk explo7 sive detection devices.’’.

8 (c) BAG MATCHING SYSTEM.—The Administrator of

9 the Federal Aviation Administration shall require air car10 riers to improve the passenger bag matching system. Not

11 later than 60 days after the date of enactment of this Act,

12 the Administrator shall establish goals for upgrading the

13 Passenger Bag Matching System, including interim meas14 ures to match a higher percentage of bags until Explosives

15 Detection Systems are used to scan 100 percent of

16 checked baggage. The Administrator shall report, on a

17 confidential basis, to the Committee on Commerce,

18 Science, and Transportation of the Senate and the Com19 mittee on Transportation and Infrastructure of the House

20 of Representatives, the Government Accounting Office,

21 and the Inspector General of the Department of Transpor22 tation, regarding the goals and the progress made in

23 achieving those goals within 12 months after the date of

24 enactment of this Act.
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1 (d) COMPUTER-ASSISTED PASSENGER

2 PRESCREENING.—

3 (1) IN GENERAL.—The Administrator of the

4 Federal Aviation Administration shall require air

5 carriers to expand the application of the current

6 Computer-Assisted Passenger Prescreening System

7 (CAPPS) to all passengers, regardless of baggage.

8 Passengers selected under this system shall be sub9 ject to additional security measures, including

10 checks of carry-on baggage and person, before

11 boarding.

12 (2) REPORT.—The Administrator shall report

13 back to the Committee on Commerce, Science, and

14 Transportation of the Senate and to the Committee

15 on Transportation and Infrastructure of the House

16 of Representatives within 3 months of the date of

17 enactment of this Act on the implementation of the

18 expanded CAPPS system.
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1 Subtitle B—Short-Term Assessment

2 and Deployment of Emerging

3 Security Technologies and Pro4 cedures

5 SEC. 211. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF

6 EMERGING SECURITY TECHNOLOGIES AND

7 PROCEDURES.

8 Section 44903 of title 49, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(i) SHORT-TERM ASSESSMENT AND DEPLOYMENT

11 OF EMERGING SECURITY TECHNOLOGIES AND PROCE12 DURES.—

13 ‘‘(1) IN GENERAL.—The Deputy Secretary for

14 Transportation Security shall recommend to airport

15 operators, within 6 months after the date of enact16 ment of this Act, commercially available measures or

17 procedures to prevent access to secure airport areas

18 by unauthorized persons. As part of the 6-month as19 sessment, the Deputy Secretary for Transportation

20 Security shall—

21 ‘‘(A) review the effectiveness of biometrics

22 systems currently in use at several United

23 States airports, including San Francisco Inter24 national;
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1 ‘‘(B) review the effectiveness of increased

2 surveillance at access points;

3 ‘‘(C) review the effectiveness of card- or

4 keypad-based access systems;

5 ‘‘(D) review the effectiveness of airport

6 emergency exit systems and determine whether

7 those that lead to secure areas of the airport

8 should be monitored or how breaches can be

9 swiftly responded to; and

10 ‘‘(E) specifically target the elimination of

11 the ‘‘piggy-backing’’ phenomenon, where an12 other person follows an authorized person

13 through the access point.

14 The 6-month assessment shall include a 12-month

15 deployment strategy for currently available tech16 nology at all category X airports, as defined in the

17 Federal Aviation Administration approved air carrier

18 security programs required under part 108 of title

19 14, Code of Federal Regulations. Not later than 18

20 months after the date of enactment of this Act, the

21 Secretary of Transportation shall conduct a review

22 of reductions in unauthorized access at these air23 ports.

24 ‘‘(2) 90-DAY REVIEW.—
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1 ‘‘(A) IN GENERAL.—The Deputy Secretary

2 for Transportation Security, as part of the

3 Aviation Security Coordination Council, shall

4 conduct a 90-day review of—

5 ‘‘(i) currently available or short-term

6 deployable upgrades to the Computer-As7 sisted Passenger Prescreening System

8 (CAPPS); and

9 ‘‘(ii) deployable upgrades to the co10 ordinated distribution of information re11 garding persons listed on the ‘‘watch list’’

12 for any Federal law enforcement agencies

13 who could present an aviation security

14 threat.

15 ‘‘(B) DEPLOYMENT OF UPGRADES.—The

16 Deputy Secretary for Transportation Security

17 shall commence deployment of recommended

18 short-term upgrades to CAPPS and to the co19 ordinated distribution of ‘‘watch list’’ informa20 tion within 6 months after the date of enact21 ment of this Act. Within 18 months after the

22 date of enactment of this Act, the Deputy Sec23 retary for Transportation Security shall report

24 to the Committee on Commerce, Science, and

25 Transportation of the Senate and to the Com-
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1 mittee on Transportation and Infrastructure of

2 the House of Representatives, the Government

3 Accounting Office, and the Inspector General of

4 the Department of Transportation, on progress

5 being made in deploying recommended up6 grades.

7 ‘‘(3) STUDY.—The Deputy Secretary for Trans8 portation Security shall conduct a study of options

9 for improving positive identification of passengers at

10 check-in counters and boarding areas, including the

11 use of biometrics and ‘‘smart’’ cards. Within 6

12 months after the date of enactment of this Act, the

13 Deputy Secretary shall report to the Committee on

14 Commerce, Science, and Transportation of the Sen15 ate and to the Committee on Transportation and In16 frastructure of the House of Representatives on the

17 feasibility and costs of implementing each identifica18 tion method and a schedule for requiring air carriers

19 to deploy identification methods determined to be ef20 fective.’’.
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1 Subtitle C—Research and Develop2 ment of Aviation Security Tech3 nology

4 SEC. 221. RESEARCH AND DEVELOPMENT OF AVIATION SE5 CURITY TECHNOLOGY.

6 (a) FUNDING.—To augment the programs authorized

7 in section 44912(a)(1) of title 49, United States Code,

8 there is authorized to be appropriated an additional

9 $50,000,000 for each of fiscal years 2002 through 2006

10 and such sums as are necessary for each fiscal year there11 after to the Federal Aviation Administration, for research,

12 development, testing, and evaluation of the following tech13 nologies which may enhance aviation security in the fu14 ture. Grants to industry, academia, and Government enti15 ties to carry out the provisions of this section shall be

16 available for fiscal years 2002 and 2003 for—

17 (1) the acceleration of research, development,

18 testing, and evaluation of explosives detection tech19 nology for checked baggage, specifically, technology

20 that is—

21 (A) more cost-effective for deployment for

22 explosives detection in checked baggage at

23 small- to medium-sized airports, and is cur24 rently under development as part of the Argus
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1 research program at the Federal Aviation Ad2 ministration;

3 (B) faster, to facilitate screening of all

4 checked baggage at larger airports; or

5 (C) more accurate, to reduce the number

6 of false positives requiring additional security

7 measures;

8 (2) acceleration of research, development, test9 ing, and evaluation of new screening technology for

10 carry-on items to provide more effective means of

11 detecting and identifying weapons, explosives, and

12 components of weapons of mass destruction, includ13 ing advanced x-ray technology;

14 (3) acceleration of research, development, test15 ing, and evaluation of threat screening technology

16 for other categories of items being loaded onto air17 craft, including cargo, catering, and duty-free items;

18 (4) acceleration of research, development, test19 ing, and evaluation of threats carried on persons

20 boarding aircraft or entering secure areas, including

21 detection of weapons, explosives, and components of

22 weapons of mass destruction;

23 (5) acceleration of research, development, test24 ing and evaluation of integrated systems of airport

25 security enhancement, including quantitative meth-
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1 ods of assessing security factors at airports selected

2 for testing such systems;

3 (6) expansion of the existing program of re4 search, development, testing, and evaluation of im5 proved methods of education, training, and testing

6 of key airport security personnel; and

7 (7) acceleration of research, development, test8 ing, and evaluation of aircraft hardening materials,

9 and techniques to reduce the vulnerability of aircraft

10 to terrorist attack.

11 (b) GRANTS.—Grants awarded under this subtitle

12 shall identify potential outcomes of the research, and pro13 pose a method for quantitatively assessing effective in14 creases in security upon completion of the research pro15 gram. At the conclusion of each grant, the grant recipient

16 shall submit a final report to the Federal Aviation Admin17 istration that shall include sufficient information to permit

18 the Administrator to prepare a cost-benefit analysis of po19 tential improvements to airport security based upon de20 ployment of the proposed technology. The Administrator

21 shall begin awarding grants under this subtitle within 90

22 days of the date of enactment of this Act.

23 (c) BUDGET SUBMISSION.—A budget submission and

24 detailed strategy for deploying the identified security up25 grades recommended upon completion of the grants
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1 awarded under subsection (b), shall be submitted to Con2 gress as part of the Department of Transportation’s an3 nual budget submission.

4 (d) DEFENSE RESEARCH.—There is authorized to be

5 appropriated $20,000,000 to the Federal Aviation Admin6 istration to issue research grants in conjunction with the

7 Defense Advanced Research Projects Agency. Grants may

8 be awarded under this section for—

9 (1) research and development of longer-term

10 improvements to airport security, including advanced

11 weapons detection;

12 (2) secure networking and sharing of threat in13 formation between Federal agencies, law enforce14 ment entities, and other appropriate parties;

15 (3) advances in biometrics for identification and

16 threat assessment; or

17 (4) other technologies for preventing acts of ter18 rorism in aviation.

Passed the Senate October 11, 2001.

Attest:

Secretary.
107TH CONGRESS

1ST SESSION S. 1447

AN ACT

To improve aviation security, and for other

purposes.