I
107TH CONGRESS
1ST SESSION
H. R. 3150
To improve aviation security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 17, 2001
Mr. YOUNG of Alaska (for himself, Mr. MICA, Mr. PETRI, Mr. COBLE, Mr.
DUNCAN, Mr. GILCHREST, Mr. HORN, Mr. EHLERS, Mr. BACHUS, Mr.
LATOURETTE, Mr. BAKER, Mr. NEY, Mr. COOKSEY, Mr. THUNE, Mr.
LOBIONDO, Mr. MORAN of Kansas, Mr. POMBO, Mr. DEMINT, Mr.
ISAKSON, Mr. HAYES, Mr. SIMMONS, Mr. BROWN of South Carolina, Mr.
JOHNSON of Illinois, Mr. OTTER, Mr. CULBERSON, Mr. SHUSTER, Mr.
ROGERS of Michigan, Mr. BEREUTER, Mr. REHBERG, and Mr. CAPITO)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
the Budget, and Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To improve aviation security, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO TITLE 49,
UNITED STATES CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Secure Transportation for America Act of 2001’’.
(b) AMENDMENTS TO TITLE 49, UNITED STATES
CODE.—Except as otherwise specifically provided, when-
ever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision of law, the reference shall be considered to be
made to a section or other provision of title 49, United
States Code.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendments to title 49, United States Code; table of con-
tents.
Sec. 2. Transportation Security Administration.
Sec. 3. Screening of passengers and property.
Sec. 4. Security programs.
Sec. 5. Employment standards and training.
Sec. 6. Deployment of Federal air marshals.
Sec. 7. Enhanced security measures.
Sec. 8. Criminal history record check for screeners and others.
Sec. 9. Passenger and baggage screening fee.
Sec. 10. Authorizations of appropriations.
Sec. 11. Limitation on liability for acts to thwart criminal violence or aircraft
piracy.
Sec. 12. Passenger manifests.
Sec. 13. Transportation security oversight board.
Sec. 14. Airport improvement programs.
Sec. 15. Technical correction.
Sec. 16. Alcohol and controlled substance testing.
Sec. 17. Conforming amendments to subtitle VII.
Sec. 18. Savings provision.
Sec. 19. Budget submissions.
Sec. 20. Aircraft operations in enhanced class B airspace.
Sec. 21. Waivers for certain isolated communities.
Sec. 22. Assessments of threats to airports.
SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION.
(a) IN GENERAL.—Chapter 1 is amended by adding
at the end the following:
‘‘§ 114. Transportation Security Administration
‘‘(a) IN GENERAL.—The Transportation Security
Administration shall be an administration of the Depart-
ment of Transportation.
‘‘(b) UNDER SECRETARY.—
‘‘(1) APPOINTMENT.—The head of the Adminis-
tration shall be the Under Secretary of Transpor-
tation for Security. The Under Secretary shall be
appointed by the President, by and with the advice
and consent of the Senate.
‘‘(2) QUALIFICATIONS.—The Under Secretary
must—
‘‘(A) be a citizen of the United States; and
‘‘(B) have experience in a field directly re-
lated to transportation or security.
‘‘(3) TERM.—The term of office of an indi-
vidual appointed as the Under Secretary shall be 5
years.
‘‘(c) LIMITATION ON PECUNIARY INTERESTS.—The
Under Secretary may not have a pecuniary interest in, or
own stock in or bonds of, a transportation or security en-
terprise, or an enterprise that makes equipment that could
be used for security purposes.
‘‘(d) FUNCTIONS.—
‘‘(1) IN GENERAL.—The Under Secretary shall
be responsible for security in all modes of transpor-
tation, including—
‘‘(A) carrying out chapter 449 relating to
civil aviation security; and
‘‘(B) security responsibilities over nonavia-
tion modes of transportation that are exercised
by Administrations of the Department of
Transportation (other than the Federal Avia-
tion Administration).
‘‘(2) SCHEDULE
FOR
ASSUMPTION
OF
CIVIL
AVIATION SECURITY FUNCTIONS.—Not later than 3
months after the date of enactment of this section,
the Under Secretary shall assume civil aviation secu-
rity functions and responsibilities under chapter 449
in accordance with a schedule to be developed by the
Secretary of Transportation, in consultation with air
carriers, foreign air carriers, and the Administrator
of the Federal Aviation Administration. The Under
Secretary shall publish an appropriate notice of the
transfer of such security functions and responsibil-
ities before assuming the functions and responsibil-
ities.
‘‘(3) ASSIGNMENT OF CONTRACTS.—Upon re-
quest of the Under Secretary, an air carrier or for-
eign air carrier carrying out a screening or security
function under chapter 449 may enter into an agree-
ment with the Under Secretary to transfer any con-
tract the carrier has entered into with respect to
carrying out such function, before the Under Sec-
retary assumes responsibility of such function.
‘‘(e) ADDITIONAL DUTIES AND POWERS.—In addi-
tion to carrying out the functions specified in subsection
(d), the Under Secretary shall—
‘‘(1) receive, assess, and distribute intelligence
information related to transportation security;
‘‘(2) assess threats to transportation;
‘‘(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
‘‘(4) make other plans related to transportation
security, including coordinating countermeasures
with appropriate departments, agencies, and instru-
mentalities of the United States Government;
‘‘(5) serve as the primary liaison for transpor-
tation security to the intelligence and law enforce-
ment communities;
‘‘(6) supervise all airport security and screening
services using Federal uniformed personnel;
‘‘(7) on a day-to-day basis, manage and provide
operational guidance to the field security resources
of the Administration, including Federal Security
Managers as provided by section 44933;
‘‘(8) enforce security-related regulations and re-
quirements;
‘‘(9) identify and undertake research and devel-
opment activities necessary to enhance transpor-
tation security;
‘‘(10) inspect, maintain, and test security facili-
ties, equipment, and systems;
‘‘(11) ensure the adequacy of security measures
for the transportation of cargo;
‘‘(12) oversee the implementation, and ensure
the adequacy, of security measures at airports and
other transportation facilities;
‘‘(13) perform background checks for airport
security 
screening 
personnel, 
individuals 
with
unescorted access to secure areas of airports, and
other transportation security personnel;
‘‘(14) develop standards for the hiring and re-
tention of security screening personnel;
‘‘(15) train and test security screening per-
sonnel; and
‘‘(16) carry out such other duties, and exercise
such other powers, relating to transportation secu-
rity as the Under Secretary considers appropriate, to
the extent authorized by law.
‘‘(f) ACQUISITIONS.—
‘‘(1) IN
GENERAL.—The Under Secretary is
authorized—
‘‘(A) to acquire (by purchase, lease, con-
demnation, or otherwise) such real property, or
any interest therein, within and outside the con-
tinental United States, as the Under Secretary
considers necessary;
‘‘(B) to acquire (by purchase, lease, con-
demnation, or otherwise) and to construct, re-
pair, operate, and maintain such personal prop-
erty (including office space and patents), or any
interest therein, within and outside the conti-
nental United States, as the Under Secretary
considers necessary;
‘‘(C) to lease to others such real and per-
sonal property and to provide by contract or
otherwise for necessary facilities for the welfare
of its employees and to acquire maintain and
operate equipment for these facilities;
‘‘(D) to acquire (by purchase, lease, con-
demnation, or otherwise) and to construct, re-
pair, operate, and maintain research and test-
ing sites and facilities; and
‘‘(E) in cooperation with the Administrator
of the Federal Aviation Administration, to uti-
lize the research and development facilities of
the Federal Aviation Administration located in
Atlantic City, New Jersey.
‘‘(2) TITLE.—Title to any property or interest
therein acquired pursuant to this subsection shall be
held by the Government of the United States.
‘‘(g) TRANSFERS OF FUNDS.—The Under Secretary
is authorized to accept transfers of unobligated balances
and unexpended balances of funds appropriated to other
Federal agencies (as such term is defined in section
551(1) of title 5) to carry out functions transferred, on
or after the date of enactment of this section, by law to
the Under Secretary.
‘‘(h) REGULATIONS.—
‘‘(1) IN GENERAL.—The Under Secretary is au-
thorized to issue, rescind, and revise such regula-
tions as are necessary to carry out the functions of
the Administration.
‘‘(2) EMERGENCY PROCEDURES.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law or executive order (in-
‘‘(2) AUTHORITY
OF
AGENCY
HEADS.—The
head of a Federal agency shall have the same au-
thority to provide services, supplies, equipment, per-
sonnel, and facilities to the Under Secretary as the
head has to provide services, supplies, equipment,
personnel, and facilities to the Administrator of the
Federal Aviation Administration under section
106(m).
‘‘(j) PERSONNEL MANAGEMENT SYSTEM.—The per-
sonnel management system established by the Adminis-
trator of the Federal Aviation Administration under sec-
tion 40122 shall apply to employees of the Transportation
Security Administration, except that subject to the re-
quirements of such section, the Under Secretary may
make such modifications to the personnel management
system with respect to such employees as the Under Sec-
retary considers appropriate.
‘‘(k) ACQUISITION MANAGEMENT SYSTEM.—The ac-
quisition management system established by the Adminis-
trator of the Federal Aviation Administration under sec-
tion 40110 shall apply to acquisitions of equipment and
materials by the Transportation Security Administration,
except that subject to the requirements of such section,
the Under Secretary may make such modifications to the
acquisition management system with respect to such ac-
quisitions of equipment and materials as the Under Sec-
retary considers appropriate.
‘‘(l) AUTHORITY
OF INSPECTOR GENERAL.—The
Transportation Security Administration shall be subject to
the Inspector General Act of 1978 (5 U.S.C. App.) and
other laws relating to the authority of the Inspector Gen-
eral of the Department of Transportation.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 1 is amended by adding at the end the following:
‘‘114. Transportation Security Administration.’’.
(c) POSITION OF UNDER SECRETARY IN EXECUTIVE
SCHEDULE.—Section 5313 of title 5, United States Code,
is amended by adding at the end the following:
‘‘The Under Secretary of Transportation for
Security’’.
(d) PERSONNEL
OF OTHER AGENCIES.—The last
sentence of section 106(m) is amended by inserting ‘‘per-
sonnel and’’ before ‘‘supplies and equipment’’.
(e) SECURITY AND RESEARCH AND DEVELOPMENT
ACTIVITIES.—Section 40119 is amended—
(1) in subsection (a) by striking ‘‘Administrator
of the Federal Aviation Administration’’ and insert-
ing ‘‘Under Secretary of Transportation for Secu-
rity’’; and
(2) in subsections (b) and (c) by striking ‘‘Ad-
ministrator’’ each place it appears and inserting
‘‘Under Secretary’’.
(f) REFERENCES TO FAA IN CHAPTER 449.—Chap-
ter 449 is amended—
(1) in section 44904(b)(5) by striking ‘‘the Ad-
ministration’’ and inserting ‘‘the Transportation Se-
curity Administration’’;
(2) 
in 
the 
second 
sentence 
of 
section
44913(a)(1) by striking ‘‘of the Administration’’ and
inserting ‘‘of the Transportation Security Adminis-
tration’’;
(3) in section 44916(a)—
(A) in the first sentence by striking ‘‘Ad-
ministrator’’ and inserting ‘‘Under Secretary of
Transportation for Security’’; and
(B) in the second sentence by striking
‘‘Administration’’ and inserting ‘‘Transpor-
tation Security Administration’’;
(4) in each of sections 44933(a) and 44934(b)
by striking ‘‘Assistant Administrator for Civil Avia-
tion Security’’ and inserting ‘‘Under Secretary’’;
(5) in section 44934(b)(1) by striking ‘‘Assist-
ant Administrator’’ and inserting ‘‘Under Sec-
retary’’;
(6) by striking sections 44931 and 44932 and
the items relating to such sections in the analysis for
such chapter;
(7) by striking ‘‘Administrator’’ each place it
appears in such chapter (except in subsections (f)
and (h) of section 44936) and inserting ‘‘Under Sec-
retary’’;
(8) by striking ‘‘Administrator’s’’ each place it
appears in such chapter and inserting ‘‘Under Sec-
retary’s’’; and
(9) by striking ‘‘of the Federal Aviation Admin-
istration’’ each place it appears in such chapter (ex-
cept in section 44936(f)) and inserting ‘‘of Trans-
portation for Security’’.
SEC. 3. SCREENING OF PASSENGERS AND PROPERTY.
Section 44901 of such title is amended—
(1) in subsection (a) by striking ‘‘a weapon-de-
tecting’’ and all that follows through the period at
the end of the second sentence and inserting ‘‘per-
sons and procedures acceptable to the Under Sec-
retary (or the Administrator before responsibilities
under this subsection are assumed by the Under
Secretary).’’; and
(2) by adding at the end the following:
‘‘(d) ASSUMPTION
OF SCREENING FUNCTION
BY
UNDER SECRETARY.—The responsibility for the screening
of passengers and property on passenger aircraft in air
transportation that originates in the United States or
intrastate air transportation that, on the date of enact-
ment of this subsection, was performed by an employee
or agent of an air carrier, intrastate air carrier, or foreign
air carrier shall be assumed by the Under Secretary.
‘‘(e) SUPERVISION OF SCREENING.—All screening of
passengers and property at airports under this section
shall be supervised by uniformed Federal personnel of the
Transportation Security Administration who shall have
the power to order the dismissal of any individual per-
forming such screening.
‘‘(f) LIMITATION ON RIGHT TO STRIKE.—An indi-
vidual that screens passengers or property, or both, at an
airport under this section may not participate in a strike,
or assert the right to strike, against the person (including
a governmental entity) employing such individual to per-
form such screening.’’.
SEC. 4. SECURITY PROGRAMS.
Section 44903(c) is amended—
(1) in the first sentence of paragraph (1)—
(A) by striking ‘‘a law enforcement pres-
ence’’ and inserting ‘‘a law enforcement or mili-
tary presence’’; and
(B) by inserting after ‘‘at each of those
airports’’ the following: ‘‘and at each location at
those airports where passengers are screened’’;
and
(2) in paragraph (2)(C)(i) by striking ‘‘shall
issue an amendment to air carrier security programs
to require’’ and inserting ‘‘shall require’’.
SEC. 5. EMPLOYMENT STANDARDS AND TRAINING.
(a) EMPLOYMENT STANDARDS.—Section 44935(a) is
amended—
(1) in the first sentence by inserting ‘‘, per-
sonnel who screen passengers and property,’’ after
‘‘air carrier personnel’’;
(2) by striking ‘‘and’’ at the end of paragraph
(4);
(3) by striking the period at the end of para-
graph (5) and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(6) a requirement that all personnel who
screen passengers and property be citizens of the
United States;
‘‘(7) minimum compensation levels, when ap-
propriate; and
‘‘(8) a preference for the hiring of any indi-
vidual who is a member or former member of the
armed forces and who is entitled, under statute, to
retired, retirement, or retainer pay on account of
service as a member of the armed forces.’’.
(b) FINAL RULES ESTABLISHING TRAINING STAND-
ARDS FOR SCREENERS.—Section 44935(e)(1) is amended
by striking ‘‘May 31, 2001’’ and inserting ‘‘6 months after
the date of enactment of the Secure Transportation for
America Act of 2001’’.
(c) EMPLOYMENT
STANDARDS
FOR
SCREENERS;
UNIFORMS.—Section 44935 is amended by adding at the
end the following:
‘‘(g) TRAINING FOR ALL SCREENERS, SUPERVISORS,
AND INSTRUCTORS.—
‘‘(1) IN GENERAL.—The Under Secretary shall
require any individual who screens passengers and
property pursuant section 44901, and the super-
visors and instructors of such individuals, to have
satisfactorily completed all initial, recurrent, and ap-
propriate specialized training necessary to ensure
compliance with the requirements of this section.
‘‘(2) ON-THE-JOB
PORTION
OF
SCREENER’S
TRAINING.—Notwithstanding paragraph (1), the
Under Secretary may permit an individual, during
the on-the-job portion of training, to perform secu-
rity functions if the individual is closely supervised
and does not make independent judgments as to
whether persons or property may enter secure areas
or aircraft or whether cargo may be loaded aboard
aircraft without further inspection.
‘‘(3) EFFECT OF SCREENER’S FAILURE OF OP-
ERATION
TEST.—The Under Secretary may not
allow an individual to perform a screening function
after the individual has failed an operational test re-
lated to that function until the individual has suc-
cessfully completed remedial training.
‘‘(h) UNIFORMS.—The Under Secretary shall require
any individual who screens passengers and property pur-
suant section 44901 to be attired in a uniform, approved
by the Under Secretary, while on duty.’’.
(d) 
INTERIM
EMPLOYMENT
STANDARDS
FOR
SCREENING PERSONNEL.—In the period beginning 30
days after the date of enactment of this Act and ending
on the first date that a final rule issued by the Under
Secretary of Transportation for Security under section
44935(e)(1) of title 49, United States Code, takes effect,
the following requirements shall apply to an individual
who screens passengers and property pursuant to section
44901 of such title (in this subsection referred to as a
‘‘screener’’):
(1) EDUCATION.—A screener shall have a high
school diploma, a general equivalency diploma, or a
combination of education and experience that the
Under Secretary has determined to have equipped
the individual to perform the duties of the screening
position.
(2) BASIC
APTITUDES
AND
PHYSICAL
ABILI-
TIES.—A screener shall have basic aptitudes and
physical abilities (including color perception, visual
and aural acuity, physical coordination, and motor
skills) and shall have—
(A) the ability to identify the components
that may constitute an explosive or an incen-
diary device;
(B) the ability to identify objects that ap-
pear to match those items described in all cur-
rent regulations, security directives, and emer-
gency amendments;
(C) for screeners operating X-ray and ex-
plosives detection system equipment, the ability
to distinguish on the equipment monitors the
appropriate images;
(D) for screeners operating any screening
equipment, the ability to distinguish each color
displayed on every type of screening equipment
and explain what each color signifies;
(E) the ability to hear and respond to the
spoken voice and to audible alarms generated
by screening equipment in an active checkpoint
or other screening environment;
(F) for screeners performing manual
searches or other related operations, the ability
to efficiently and thoroughly manipulate and
handle such baggage, containers, cargo, and
other objects subject to security processing;
(G) for screeners performing manual
searches of cargo, the ability to use tools that
allow for opening and closing boxes, crates, or
other common cargo packaging;
(H) for screeners performing screening of
cargo, the ability to stop the transfer of suspect
cargo to passenger air carriers; and
(I) for screeners performing pat-down or
hand-held metal detector searches of persons,
sufficient dexterity and capability to thoroughly
conduct those procedures over a person’s entire
body.
(3) COMMAND
OF
ENGLISH
LANGUAGE.—A
screener shall be able to read, speak, write, and un-
derstand the English language well enough to—
(A) carry out written and oral instructions
regarding the proper performance of screening
duties;
(B) read English language identification
media, credentials, airline tickets, documents,
air waybills, invoices, and labels on items nor-
mally encountered in the screening process;
(C) provide direction to and understand
and answer questions from English-speaking
persons undergoing screening or submitting
cargo for screening; and
(D) write incident reports and statements
and log entries into security records in the
English language.
SEC. 6. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) IN GENERAL.—Subchapter I of chapter 449 is
amended by adding at the end the following:
‘‘§ 44917. Deployment of Federal air marshals
‘‘(a) IN GENERAL.—The Under Secretary of Trans-
portation for Security under the authority provided by sec-
tion 44903(d) shall—
‘‘(1) provide for deployment of Federal air mar-
shals on selected passenger flights of air carriers in
air transportation or intrastate air transportation;
‘‘(2) provide for appropriate background and
fitness checks for candidates for appointment as
Federal air marshals;
‘‘(3) provide for appropriate training, super-
vision, and equipment of Federal air marshals at the
facility of the Federal Aviation Administration in
New Jersey; and
‘‘(4) require air carriers providing flights de-
scribed in paragraph (1) to provide seating for a
Federal air marshal on any such flight without re-
gard to the availability of seats on the flight and at
no cost to the United States Government or the
marshal.
‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPORTATION.—
The Under Secretary shall work with appropriate aero-
nautic authorities of foreign governments under section
44907 to address security concerns on passenger flights
in foreign air transportation.
‘‘(c) INTERIM MEASURES.—Until the Under Sec-
retary completes implementation of subsection (a), the
Under Secretary may use, after consultation with the
heads of other Federal agencies and departments, per-
sonnel from those agencies and departments, on a non-
reimbursable basis, to provide air marshal service.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 449 is amended by adding after the item relating
to section 44916 the following:
‘‘44917. Deployment of Federal air marshals.’’.
SEC. 7. ENHANCED SECURITY MEASURES.
(a) IN GENERAL.—Subchapter I of chapter 449 is
further amended by adding at the end the following:
‘‘§ 44918. Enhanced security measures
‘‘(a) IN GENERAL.—To the extent the Under Sec-
retary of Transportation for Security determines appro-
priate, the Under Secretary shall take the following ac-
tions:
‘‘(1) After consultation with the Administrator
of the Federal Aviation Administration, develop pro-
cedures and authorize equipment for pilots and other
members of the flight crew to use to defend an air-
craft against acts of criminal violence or aircraft pi-
racy.
‘‘(2) After consultation with the Administrator,
develop and implement methods to—
‘‘(A) restrict the opening of a cockpit door
during a flight;
‘‘(B) fortify cockpit doors to deny access
from the cabin to the cockpit;
‘‘(C) use video monitors or other devices to
alert pilots in the cockpit to activity in the
cabin; and
‘‘(D) ensure continuous operation of an
aircraft transponder in the event of an emer-
gency.
‘‘(3) Impose standards for the screening or in-
spection of persons and vehicles having access to se-
cure areas of an airport.
‘‘(4) Require effective 911 emergency call capa-
bility for telephones serving passenger aircraft and
passenger trains.
‘‘(5) Provide for the use of voice stress analysis
or other technologies to prevent a person who might
pose a danger to air safety or security from boarding
the aircraft of an air carrier or foreign air carrier
in air transportation or intrastate air transportation.
‘‘(6) Develop standards and procedures for the
issuance, renewal, and revocation of a certificate of
qualification for individuals who screen passengers
and property at an airport.
‘‘(7) Provide for the use of threat image projec-
tion or similar devices to test individuals described
in paragraph (6) and establish procedures to revoke
the certification of such individuals if the individuals
fail to maintain a required level of proficiency.
‘‘(8) In consultation with air carriers and other
government agencies, establish policies and proce-
dures requiring air carriers to use information from
government agencies to identify individuals on pas-
senger lists who may be a threat to civil aviation
and, if such an individual is identified, to notify ap-
propriate law enforcement agencies and prohibit the
individual from boarding an aircraft.
‘‘(9) Provide for the enhanced use of computer
profiling to more effectively screen passengers and
property that will be carried in the cabin of an air-
craft.
‘‘(10) Provide for the use of electronic tech-
nology that positively verifies the identity of each
employee and law enforcement officer who enters a
secure area of an airport.
‘‘(11) After consultation with the Adminis-
trator, provide for the installation of switches in an
aircraft cabin to enable flight crews to discreetly no-
tify the pilots in the case of a security breach occur-
ring in the cabin.
‘‘(12) Update training procedures used by the
Federal Aviation Administration, law enforcement
agencies, air carriers, and flight crews during hijack-
ings to include measures relating to suicidal hijack-
ers and other extremely dangerous events not cur-
rently described in the training procedures.
‘‘(13) Provide for background checks of individ-
uals seeking instruction (including training through
the use of flight simulators) in flying aircraft that
has a minimum certificated takeoff weight of more
than 12,500 pounds.
‘‘(14) Enter into agreements with Federal,
State, and local agencies under which appropriately-
trained law enforcement personnel from such agen-
cies, when traveling on a flight of an air carrier, will
carry a firearm and be prepared to assist Federal
air marshals.
‘‘(15) Require more thorough background
checks of persons described in subparagraphs (A),
(B)(i), and (B)(ii) of section 44936(a) and para-
graph (13) of this subsection, including a review of
immigration records, law enforcement databases,
and records of other government and international
agencies to help determine whether the person may
be a threat to civil aviation.
‘‘(b) AIRWORTHINESS OBJECTIONS BY FAA.—
‘‘(1) IN GENERAL.—The Under Secretary shall
not take an action under subsection (a) if the Ad-
ministrator notifies the Under Secretary that the ac-
tion could adversely affect the airworthiness of an
aircraft.
‘‘(2) 
REVIEW
BY
SECRETARY.—Notwith-
standing paragraph (1), the Under Secretary may
take an action under subsection (a), after receiving
a notification concerning the action from the Admin-
istrator under paragraph (1), if the Secretary of
Transportation subsequently approves the action.
‘‘(c) VIEW OF NTSB.—In taking any action under
subsection (a) that could affect safety, the Under Sec-
retary shall solicit and give great weight to the views of
the National Transportation Safety Board.
‘‘(d) PROPERTY SECURITY PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Under Secretary
shall develop and implement a program to ensure
the security of all property carried on passenger air-
craft by either mandating that such property is
screened, by ensuring that no checked baggage is
carried on the aircraft unless the passenger who
checks the baggage is aboard the aircraft, or by such
other methods that the Under Secretary considers to
be effective.
‘‘(2) USE
OF
SCREENING
EQUIPMENT.—The
Under Secretary shall ensure that equipment in-
stalled at airports to screen checked baggage is used
to the maximum extent possible.
‘‘(e) LIMITATION ON CERTAIN ACTIONS.—The Sec-
retary of Transportation shall not take any action to pre-
vent a pilot of an air carrier from taking a firearm into
the cockpit of the aircraft if the policy of the air carrier
permits its pilots to be armed and the pilot has success-
fully completed a training program for the carriage of fire-
arms aboard aircraft that is acceptable to the Under Sec-
retary.
‘‘(f) REPORT.—Not later than 6 months after the
date of enactment of this section, and annually thereafter
until the Under Secretary determines whether or not to
take each of the actions specified in subsection (a), the
Under Secretary shall transmit to Congress a report on
the progress of the Under Secretary in evaluating and tak-
ing such actions, including any legislative recommenda-
tions that the Under Secretary may have for enhancing
transportation security, and on the progress the Under
Secretary is making in carrying out subsection (d).’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 449 is amended by inserting after the item relat-
ing to section 44917 the following:
‘‘44918. Enhanced security measures.’’.
(c) REPEAL
OF EXISTING REPORTING REQUIRE-
MENT.—
(1) IN GENERAL.—Section 44938 is amended—
(A) in the section heading by striking
‘‘REPORTS’’ and inserting ‘‘REPORT’’; and
(B) by striking ‘‘(a) TRANSPORTATION SE-
CURITY.—’’ and all that follows through ‘‘(b)
SCREENING AND FOREIGN AIR CARRIER AND
AIRPORT SECURITY.—The Administrator’’ and
inserting ‘‘The Under Secretary of Transpor-
tation for Security’’.
(2) CHAPTER
ANALYSIS.—The analysis for
chapter 449 is amended by striking the item relating
section 44938 and inserting the following:
‘‘44938. Report.’’.
SEC. 8. CRIMINAL HISTORY RECORD CHECK FOR SCREEN-
ERS AND OTHERS.
Section 44936(a) is amended—
(1) in paragraph (1)(E)(iv)(II) by striking the
period at the end and inserting ‘‘; except that at
such an airport, the airport operator, air carriers,
and certified screening companies may elect to im-
plement the requirements of this subparagraph in
advance of the effective date if the Under Secretary
(or the Administrator of the Federal Aviation Ad-
ministration before the transfer of civil aviation se-
curity responsibilities to the Under Secretary) ap-
proves of such early implementation and if the air-
port operator, air carriers, and certified screening
companies amend their security programs to con-
form those programs to the requirements of this
subparagraph.’’; and
(2) in paragraph (2)—
(A) by striking ‘‘or airport operator’’ and
inserting ‘‘airport operator, or certificated
screening company’’; and
(B) by adding at the end the following: ‘‘In
this paragraph, the term ‘certificated screening
company’ means a screening company to which
the Under Secretary has issued a screening
company certificate authorizing the screening
company to provide security screening.’’.
SEC. 9. PASSENGER AND BAGGAGE SCREENING FEE.
(a) IN GENERAL.—Subchapter II of chapter 449 is
amended by adding at the end the following:
‘‘§ 44939. Passenger and baggage screening fee
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PASSENGER FEES.—The Under Secretary
of Transportation for Security shall impose a fee, on
passengers of air carriers and foreign air carriers in
air transportation and intrastate air transportation
originating at airports in the United States, to pay
for the costs of the screening of passengers and
property pursuant to section 44901(d). Such costs
shall be limited to the salaries and benefits of
screening personnel and their direct supervisors,
training of screening personnel, and acquisition, op-
eration, and maintenance of equipment used by
screening personnel and shall be determined by the
Under Secretary.
‘‘(2) AIR CARRIER FEES.—
‘‘(A) AUTHORITY.—In addition to the fee
imposed pursuant to paragraph (1), and only to
the extent that such fee is insufficient to pay
for the costs of the screening of passengers and
property pursuant to section 44901(d), the
Under Secretary may impose a fee on air car-
riers to pay for the difference between any such
costs and the amount collected from such fee.
‘‘(B) LIMITATION.—The amounts of fees
collected under this paragraph may not exceed,
in the aggregate, the amounts paid in calendar
year 2000 by air carriers for screening activities
described in paragraph (1) as determined by
the Under Secretary.
‘‘(b) SCHEDULE OF FEES.—In imposing fees under
subsection (a), the Under Secretary shall ensure that the
fees are reasonably related to the Transportation Security
Administration’s costs of providing services rendered.
‘‘(c) LIMITATION ON FEE.—Fees imposed under sub-
section (a)(1) may not exceed $2.50 on a 1-way trip in
air transportation or intrastate air transportation that
originates at an airport in the United States.
‘‘(d) IMPOSITION OF FEE.—
‘‘(1) IN
GENERAL.—Notwithstanding section
9701 of title 31 and the procedural requirements of
section 553 of title 5, the Under Secretary shall im-
pose the fee under subsection (a)(1), and may im-
pose a fee under subsection (a)(2), through the pub-
lication of notice of such fee in the Federal Register
and begin collection of the fee within 60 days of the
date of enactment of this Act, or as soon as possible
thereafter.
‘‘(2) SUBSEQUENT
MODIFICATION
OF
FEE.—
After imposing a fee in accordance with paragraph
(1), the Under Secretary may modify, from time to
time through publication of notice in the Federal
Register, the imposition or collection of such fee, or
both.
‘‘(3) LIMITATION
ON
COLLECTION.—No fee
may be collected under this section, except to the ex-
tent that expenditure of such fee to pay the costs of
activities and services for which the fee is imposed
is provided for in advance in an appropriations Act.
‘‘(e) ADMINISTRATION OF FEES.—
‘‘(1) FEES PAYABLE TO UNDER SECRETARY.—
All fees imposed and amounts collected under this
section are payable to the Under Secretary.
‘‘(2) FEES COLLECTED BY AIR CARRIER.—A fee
imposed under subsection (a)(1) shall be collected by
the air carrier or foreign air carrier providing the
transportation described in subsection (a)(1).
‘‘(3) DUE DATE FOR REMITTANCE.—A fee col-
lected under this section shall be remitted on the
last day of each calendar month by the carrier col-
lecting the fee. The amount to be remitted shall be
for the calendar month preceding the calendar
month in which the remittance is made.
‘‘(4) INFORMATION.—The Under Secretary may
require the provision of such information as the
Under Secretary decides is necessary to verify that
fees have been collected and remitted at the proper
times and in the proper amounts.
‘‘(f) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, any fee
collected under this section—
‘‘(1) shall be credited as offsetting collections to
the account that finances the activities and services
for which the fee is imposed;
‘‘(2) shall be available for expenditure only to
pay the costs of activities and services for which the
fee is imposed; and
‘‘(3) shall remain available until expended.
‘‘(g) REFUNDS.—The Under Secretary may refund
any fee paid by mistake or any amount paid in excess of
that required.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 449 is amended by adding after the item relating
to section 44938 the following:
‘‘44939. Passenger and baggage screening fee.’’.
(c) EXEMPTIONS.—Section 44915 is amended by
striking ‘‘and 44936’’ and inserting ‘‘44936, and 44939’’.
SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.
(a) IN GENERAL.—Subchapter II of chapter 449 is
further amended by adding at the end the following:
‘‘§ 44940. Authorizations of appropriations
‘‘(a) OPERATIONS OF TRANSPORTATION SECURITY
ADMINISTRATION.—There are authorized to be appro-
priated such sums as may be necessary for the operations
of the Transportation Security Administration, including
the functions of the Administration under section
44901(d) if the fees imposed under section 44939 are in-
sufficient to cover the costs of such functions.
‘‘(b) GRANTS FOR AIRCRAFT SECURITY.—There is
authorized to be appropriated $500,000,000 for the Sec-
retary of Transportation to make grants to air carriers
to—
‘‘(1) fortify cockpit doors to deny access from
the cabin to the pilots in the cockpit;
‘‘(2) provide for the use of video monitors or
other devices to alert the cockpit crew to activity in
the passenger cabin;
‘‘(3) ensure continuous operation of the aircraft
transponder in the event the crew faces an emer-
gency; and
‘‘(4) provide for the use of other innovative
technologies to enhance aircraft security.
‘‘(c) AIRPORT SECURITY.—There is authorized to be
appropriated $1,500,000,000 for fiscal year 2002 to the
Secretary to reimburse airport operators for direct costs
that such operators incurred to comply with new, addi-
tional, or revised security requirements imposed on airport
operators by the Federal Aviation Administration on or
after September 11, 2001. Such sums shall remain avail-
able until expended.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 449 is amended by adding after the item relating
to section 44939 the following:
‘‘44940. Authorizations of appropriations.’’.
SEC. 11. LIMITATION ON LIABILITY FOR ACTS TO THWART
CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.
Section 44903 is amended by adding at the end the
following:
‘‘(h) LIMITATION
ON
LIABILITY
FOR
ACTS
TO
THWART CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.—
An individual shall not be liable for damages in any action
brought in a Federal or State court arising out of the acts
of the individual in attempting to thwart an act of criminal
violence or piracy on an aircraft if that individual in good
faith believed that such an act of criminal violence or pi-
racy was occurring or was about to occur.’’.
SEC. 12. PASSENGER MANIFESTS.
Section 44909 is amended by adding at the end the
following:
‘‘(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO
THE UNITED STATES.—
‘‘(1) IN
GENERAL.—Not later than 60 days
after the date of enactment of this subsection, the
Under Secretary of Transportation for Security shall
require each air carrier and foreign air carrier oper-
ating a passenger flight in foreign air transportation
to the United States to provide to the Under Sec-
retary by electronic transmission a passenger and
crew manifest containing the information specified
in subsection (b).
‘‘(2) INFORMATION.—A passenger and crew
manifest for a flight required under paragraph (1)
shall contain the following information:
‘‘(A) The full name of each passenger and
crew member.
‘‘(B) The date of birth and citizenship of
each passenger and crew member.
‘‘(C) The sex of each passenger and crew
member.
‘‘(D) The passport number and country of
issuance of each passenger and crew member if
required for travel.
‘‘(E) The United States visa number or
resident alien card number of each passenger
and crew member, as applicable.
‘‘(F) The passenger name record of each
passenger.
‘‘(G) Such other information as the Under
Secretary, by regulation, determines is reason-
ably necessary to ensure aviation safety.
‘‘(3) TRANSMISSION OF MANIFEST.—Subject to
paragraph (4), a passenger and crew manifest re-
quired for a flight under paragraph (1) shall be
transmitted to the Under Secretary in advance of
the aircraft landing in the United States in such
manner, time, and form as the Under Secretary pre-
scribes.
‘‘(4) TRANSMISSION OF MANIFESTS TO OTHER
FEDERAL AGENCIES.—The Under Secretary may re-
quire by regulation that a passenger and crew mani-
fest required for a flight under paragraph (1) be
transmitted directly to the head of another Federal
agency.’’.
SEC. 13. TRANSPORTATION SECURITY OVERSIGHT BOARD.
(a) IN GENERAL.—Chapter 449 is amended by add-
ing at the end the following:
‘‘SUBCHAPTER III—TRANSPORTATION
SECURITY OVERSIGHT BOARD
‘‘§ 44951. Transportation Security Oversight Board
‘‘(a) IN GENERAL.—There is established a board to
be known as a ‘Transportation Security Oversight Board’.
‘‘(b) MEMBERSHIP.—
‘‘(1) NUMBER AND APPOINTMENT.—The Board
shall be composed of 5 members as follows:
‘‘(A) The Secretary of Transportation (or
the Secretary’s designee).
‘‘(B) The Attorney General (or the Attor-
ney General’s designee).
‘‘(C) The Secretary of the Treasury (or the
Secretary’s designee).
‘‘(D) The Secretary of Defense (or the
Secretary’s designee).
‘‘(E) One member appointed by the Presi-
dent to represent the National Security Council
or the Office of Homeland Security.
‘‘(2) CHAIRPERSON.—The Chairperson of the
Board shall be the Secretary of Transportation.
‘‘(c) DUTIES.—The Board shall—
‘‘(1) review and ratify or disapprove any regula-
tion or security directive issued by the Under Sec-
retary of Transportation for security under section