H. Res. 274
In the House of Representatives, U.S.,
November 1, 2001.
Resolved, That at any time after the adoption of this res-
olution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 3150) to improve aviation security, and for
other purposes. The first reading of the bill shall be dis-
pensed with. General debate shall be confined to the bill and
shall not exceed one hour equally divided and controlled by
the chairman and ranking minority member of the Committee
on Transportation and Infrastructure. After general debate
the bill shall be considered for amendment under the five-
minute rule. The bill shall be considered as read. No amend-
ment to the bill shall be in order except those printed in the
report of the Committee on Rules accompanying this resolu-
tion. Each such amendment may be offered only in the order
printed in the report, may be offered only by a Member des-
ignated in the report, shall be considered as read, shall be de-
batable for the time specified in the report equally divided
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and controlled by the proponent and an opponent, shall not
be subject to amendment, and shall not be subject to a de-
mand for division of the question in the House or in the
Committee of the Whole. All points of order against such
amendments are waived. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have
been adopted. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit
with or without instructions.
SEC. 2. Notwithstanding any other provision of this res-
olution, the amendment specified in section 3 of this resolu-
tion shall be in order in lieu of the amendment printed in
House Report 107–264 and numbered 1.
SEC. 3. The amendment referred to in section 2 is as
follows:
Page 1, line 6, strike ‘‘Secure Transportation for
America Act of 2001’’ and insert ‘‘Airport Security Fed-
eralization Act of 2001’’.
In the table of contents after line 8, strike the item
relating to section 15 and insert the following:
Sec. 15. Technical corrections.
Page 2, before line 9, insert the following:
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TITLE I—AVIATION SECURITY
Redesignate sections 2 through 22 of the bill as sec-
tions 101 through 121, respectively.
Conform the table of contents of the bill, accord-
ingly.
Page 13, line 17, strike ‘‘(1) in subsection (a) by
striking’’ and inserting the following:
(1) in subsection (a)—
(A) by striking ‘‘a cabin of’’; and
(B) by striking
Page 14, line 2, strike ‘‘The responsibility’’ and in-
sert the following:
‘‘(1) IN GENERAL.—The responsibility
Page 14, after line 8, insert the following:
‘‘(2) ADDITIONAL
SCREENING
AUTHORITY.—
The Under Secretary may perform any such addi-
tional screening of passengers and property on pas-
senger aircraft in air transportation that originates
in the United States or intrastate air transportation
that the Under Secretary deems necessary to en-
hance aviation security.
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Page 14, line 20, strike the closing quotation marks
and the final period and insert the following:
‘‘(g) DEPUTIZATION OF AIRPORT SCREENING PER-
SONNEL.—The Under Secretary shall deputize, for en-
forcement of such Federal laws as the Under Secretary
determines appropriate, all airport screening personnel as
Federal transportation security agents and shall ensure
that such agents operate under common standards and
common uniform, insignia, and badges. The authority to
arrest an individual may be exercised only by supervisory
personnel who are sworn, full-time law enforcement offi-
cers.’’.
Page 15, after line 24, insert the following:
‘‘(7) a requirement that any private security
firm retained to provide airport security services be
owned and controlled by a citizen of the United
States, to the extent that the President determines
that there are firms owned and controlled by such
citizens;
Page 16, line 1, strike ‘‘(7)’’ and insert ‘‘(8)’’.
Page 16, line 2, strike ‘‘and’’.
Page 16, line 3, strike ‘‘(8)’’ and insert ‘‘(9)’’.
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Page 16, line 7, strike both periods and the closing
quotation marks and insert ‘‘; and’’ and the following:
‘‘(10) a preference for the hiring of any indi-
vidual who is a former employee of an air carrier
and whose employment with the air carrier was ter-
minated as a result of a reduction in the workforce
of the air carrier.’’.
Page 16, lines 11 and 12, strike ‘‘Secure Transpor-
tation for America Act of 2001’’ and insert ‘‘Airport Se-
curity Federalization Act of 2001’’.
Page 16, line 20, strike ‘‘pursuant’’ and insert ‘‘pur-
suant to’’.
Page 19, line 22, strike ‘‘and’’.
Page 20, line 2, strike the period and insert ‘‘; and’’
and the following:
(J) the ability to demonstrate daily a fit-
ness for duty without any impairment due to il-
legal drugs, sleep deprivation, medication, or al-
cohol.
Page 21, line 14, strike ‘‘and’’.
Page 21, line 20, strike the period and insert a
semicolon and the following:
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ual or x-ray inspection if conducting such an inspec-
tion would irreversibly damage the product.
‘‘(19) Develop security procedures to allow pas-
sengers transporting a musical instrument on a
flight of an air carrier to transport the instrument
in the passenger cabin of the aircraft, notwith-
standing any size or other restriction on carry-on
baggage but subject to such other reasonable terms
and conditions as may be established by the Under
Secretary or the air carrier, including imposing addi-
tional charges by the air carrier.
‘‘(20) Provide for the use of wireless and wire
line data technologies enabling the private and se-
cure communication of threats to aid in the screen-
ing of passengers and other individuals on airport
property who are identified on any State or Federal
security-related data base for the purpose of having
an integrated response coordination of various au-
thorized airport security forces.
Page 26, strike line 19 and all that follows through
line 7 on page 27 and insert the following:
‘‘(d) PROPERTY SECURITY PROGRAM.—
‘‘(1) CHECKED BAGGAGE.—
‘‘(A) FINAL DEADLINE FOR SCREENING.—
A system must be in operation to screen all
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checked baggage at all airports in the United
States no later than December 31, 2003.
‘‘(B) USE
OF
EXPLOSIVE
DETECTION
EQUIPMENT.—The Under Secretary shall en-
sure that explosive detection equipment in-
stalled at airports to screen checked baggage is
used to the maximum extent possible.
‘‘(C) INSTALLATION OF ADDITIONAL EX-
PLOSIVE DETECTION EQUIPMENT.—The Under
Secretary shall install additional explosive de-
tection equipment at airports as soon as pos-
sible to ensure that all checked baggage is
screened before being placed in an aircraft.
‘‘(D) INTERIM
BAG-MATCH
PROGRAMS.—
Until the Under Secretary has installed enough
explosive detection equipment at airports to en-
sure that all checked baggage is screened, the
Under Secretary shall require air carriers to
implement bag-match programs that ensure
that no checked baggage is placed in an aircraft
unless the passenger who checks the baggage is
aboard the aircraft.
‘‘(2) CARGO DEADLINE.—A system must be in
operation to screen all cargo that is to be trans-
ported in passenger aircraft in air transportation
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and intrastate air transportation as soon as possible
after the date of enactment of this paragraph.
Page 29, line 10, strike ‘‘and’’ and insert the fol-
lowing:
(2) by adding at the end of paragraph (1) the
following:
‘‘(G) BACKGROUND CHECKS OF CURRENT
EMPLOYEES.—A background check (including a
criminal history record check and a review of
available law enforcement data bases and
records of other governmental and international
agencies) shall be required for any individual
who currently has unescorted access to an air-
craft of an air carrier or foreign air carrier,
unescorted access to a secured area of an air-
port in the United States that serves an air car-
rier or foreign air carrier, or is responsible for
screening passengers or property, or both, un-
less that individual was subject to such a
background check before the individual began
his or her current employment or is exempted
from such a check under section 107.31(m) of
title 14, Code of Federal Regulations.’’; and
Page 29, line 11, strike ‘‘(2)’’ and insert ‘‘(3)’’.
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Page 34, strike line 23 and all that follows through
line 4 on page 35 and insert the following:
‘‘(c) AIRPORT SECURITY.—
‘‘(1) IN GENERAL.—There is authorized to be
appropriated to the Secretary for fiscal years 2002
and 2003 a total of $1,500,000,000 to reimburse
airport operators for direct costs incurred by such
operators to comply with new, additional, or revised
security requirements imposed on such operators by
the Federal Aviation Administration or Transpor-
tation Security Administration on or after Sep-
tember 11, 2001. Such sums shall remain available
until expended.
‘‘(2) CONDITIONS.—Before providing financial
assistance to an airport operator with funds appro-
priated pursuant to paragraph (1), the Secretary
shall require the operator to provide assurances that
the operator will—
‘‘(A) meet with the tenants of the airport
(other than air carriers and foreign air carriers)
to discuss adjustments of the rent of the ten-
ants to account for losses in revenue incurred
by the tenants on and after September 11,
2001; and
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‘‘(B) provide to the Secretary an itemized
list of costs incurred by the operator to comply
with the security requirements described in
paragraph (1), including costs relating to land-
ing fees, automobile parking revenues, rental
cars, restaurants, and gift shops.’’.
Page 36, line 9, strike ‘‘subsection (b)’’ and insert
‘‘paragraph (2)’’.
Page 39, lines 16 and 17, strike ‘‘Secure Transpor-
tation for America Act of 2001’’ and insert ‘‘Airport Se-
curity Federalization Act of 2001’’.
Page 43, line 22, after ‘‘sponsor’’ insert ‘‘or at a pri-
vately owned or operated airport passenger terminal fi-
nanced by indebtedness incurred by the sponsor’’.
Page 44, beginning on line 25, strike ‘‘Secure
Transportation for America Act of 2001’’ and insert
‘‘Airport Security Federalization Act of 2001’’.
Page 45, after line 15, insert the following:
(d) MAXIMUM AMOUNT OF COMPENSATION PAYABLE
PER AIR CARRIER.—Section 103 of such Act is amended
by adding at the end the following:
‘‘(d) COMPENSATION FOR AIR CARRIERS PROVIDING
AIR AMBULANCE SERVICES.—
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‘‘(1) SET-ASIDE.—The President may set aside
a portion of the amount of compensation payable to
air carriers under section 101(a)(2) to provide com-
pensation to air carriers providing air ambulance
services. 
The 
President 
shall 
reduce 
the
$4,500,000,000 specified in subsection (b)(2)(A)(i)
by the amount set aside under this subsection.
‘‘(2) DISTRIBUTION OF AMOUNTS.—The Presi-
dent shall distribute the amount set aside under this
subsection proportionally among air carriers pro-
viding air ambulance services based on an appro-
priate auditable measure, as determined by the
President.’’.
At the end of the bill, add the following (and con-
form the table of contents of the bill accordingly):
SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS
OF OTHER CARRIERS.
(a) IN GENERAL.—Subchapter I of chapter 417 is
amended by adding at the end the following:
‘‘§ 41722. Requirement to honor passenger tickets of
other carriers
‘‘Each air carrier that provides scheduled air trans-
portation on a route shall provide, to the extent prac-
ticable, air transportation to passengers ticketed for air
transportation on that route by any other air carrier that
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suspends, interrupts, or discontinues air passenger service
on the route by reason of an act of war or terrorism or
insolvency or bankruptcy of the carrier.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such subchapter is amended by adding at the end the fol-
lowing:
‘‘41722. Requirement to honor passenger tickets of other carriers.’’.
SEC. 123. SENSE OF CONGRESS ON CERTAIN AVIATION
MATTERS.
(a) FLIGHT SERVICE STATION EMPLOYEES.—It is
the sense of Congress that the Administrator of the Fed-
eral Aviation Administration should continue negotiating
in good faith with flight service station employees of the
Administration with a goal of reaching agreement on a
contract as soon as possible.
(b) WAR RISK INSURANCE.—It is the sense of Con-
gress that the Secretary of Transportation should imple-
ment section 202 of the Air Transportation Safety and
System Stabilization Act (Public Law 107–42) so as to
make war risk insurance available to vendors, agents, and
subcontractors of general aviation aircraft.
(c) TRANSPORT OF ANIMALS.—It is the sense of Con-
gress that an air carrier that transports mail under a con-
tract with the United States Postal Service should trans-
port any animal that the Postal Service allows to be
shipped through the mail.
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(d) SCREENING.—It is the sense of Congress that the
Under Secretary of Transportation for Security should re-
quire, as soon as practicable, that all property carried in
a passenger aircraft in air transportation or intrastate air
transportation (including checked baggage) be screened by
any currently available means, including X-ray machine,
hand-held metal detector, explosive detection system
equipment, or manual search.
(e) CONTRACTS
FOR AIRPORT SECURITY SERV-
ICES.—It is the sense of Congress that, in awarding a con-
tract for airport security services, the Under Secretary of
Transportation for Security should, to the maximum ex-
tent practicable, award the contract to a firm that is
owned and controlled by a citizen of the United States.
TITLE II—VICTIMS
COMPENSATION
SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARIS-
ING OUT OF CRASHES OF SEPTEMBER 11,
2001.
Section 408 of the Air Transportation Safety and
System Stabilization Act (Public Law 107–42; 115 Stat.
240; 49 U.S.C. 40101 note) is amended—
(1) by amending the section heading to read as
follows:
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‘‘SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARIS-
ING OUT OF CRASHES OF SEPTEMBER 11,
2001.’’;
(2) by amending subsection (a) to read as fol-
lows:
‘‘(a) GENERAL LIMITATION OF LIABILITY.—Except
as provided in this section, no Federal court or agency
or State court or agency shall enforce any Federal or State
law holding any person, or any State or political subdivi-
sion thereof, liable for any damages arising out of the hi-
jacking and subsequent crashes of American Airlines
flights 11 or 77, or United Airlines flights 93 or 175, on
September 11, 2001.’’;
(3) in subsection (b), by adding at the end the
following new paragraphs:
‘‘(4) DAMAGES.—If any party to any action
brought under this subsection is determined to be
liable—
‘‘(A) no damages in the aggregate ordered
by the court to be paid by such party shall ex-
ceed the amount of insurance, minus any pay-
ments made pursuant to a court approved set-
tlement, which such party is determined to have
obtained prior to September 11, 2001, and
which is determined to cover such party’s liabil-
ity for any damages arising out of the hijacking
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and subsequent crashes of American Airlines
flights 11 or 77, or United Airlines flights 93
or 175, on September 11, 2001;
‘‘(B) such party shall not be liable for in-
terest prior to the judgment or for punitive
damages intended to punish or deter; and
‘‘(C) the court shall reduce the amount of
damages awarded to a plaintiff by the amount
of collateral source compensation that the plain-
tiff has received or is entitled to receive as a re-
sult of the terrorist-related aircraft crashes of
September 11, 2001.
‘‘(5) ATTORNEYS’ 
FEES.—Reasonable attor-
neys’ fees for work performed in any action brought
under this subsection shall be subject to the discre-
tion of the court, but in no event shall any attorney
charge, demand, receive, or collect for services ren-
dered, fees in excess of 20 percent of the damages
ordered by the court to be paid pursuant to this sub-
section, or in excess of 20 percent of any court ap-
proved settlement made of any claim cognizable
under this subsection. Any attorney who charges, de-
mands, receives, or collects for services rendered in
connection with such claim any amount in excess of
that allowed under this subsection, if recovery be
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had, shall be fined not more than $2,000 or impris-
oned not more than one year, or both.’’;
(4) by amending subsection (c) to read as fol-
lows:
‘‘(c) EXCLUSION.—Nothing in this section shall in
any way limit any liability of any person who—
‘‘(1) hijacks any aircraft or commits any ter-
rorist act; or
‘‘(2) knowingly participates in a conspiracy to
hijack any aircraft or commit any terrorist act.’’;
and
(5) by adding at the end the following new sub-
sections:
‘‘(d) DISCLAIMER.—Nothing herein implies that any
person is liable for damages arising out of the hijacking
and subsequent crashes of American Airlines flights 11
or 77, or United Airlines flights 93 or 175, on September
11, 2001.
‘‘(e) STATE DEFINED.—In this section, the term
‘State’ means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the United States Virgin Is-
lands, Guam, American Samoa, and any other territory
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of possession of the United States or any political subdivi-
sion of any of the foregoing.’’.
Attest:
Clerk.