H. R. 2115—76
‘‘(B) Advanced control, striking, and restraint tech-
niques.
‘‘(C) Training to defend oneself against edged or contact
weapons.
‘‘(D) Methods to subdue and restrain an attacker.
‘‘(E) Use of available items aboard the aircraft for
self-defense.
‘‘(F) Appropriate and effective responses to defend one-
self, including the use of force against an attacker.
‘‘(G) Any other element of training that the Under
Secretary considers appropriate.
‘‘(3) PARTICIPATION NOT REQUIRED.—A crew member shall
not be required to participate in the training program under
this subsection.
‘‘(4) COMPENSATION.—Neither the Federal Government nor
an air carrier shall be required to compensate a crew member
for participating in the training program under this subsection.
‘‘(5) FEES.—A crew member shall not be required to pay
a fee for the training program under this subsection.
‘‘(6) CONSULTATION.—In developing the training program
under this subsection, the Under Secretary shall consult with
law enforcement personnel and security experts who have
expertise in self-defense training, terrorism experts, representa-
tives of air carriers, the director of self-defense training in
the Federal Air Marshals Service, flight attendants, labor
organizations representing flight attendants, and educational
institutions offering law enforcement training programs.
‘‘(7) DESIGNATION OF TSA OFFICIAL.—The Under Secretary
shall designate an official in the Transportation Security
Administration to be responsible for implementing the training
program under this subsection. The official shall consult with
air carriers and labor organizations representing crew members
before implementing the program to ensure that it is appro-
priate for situations that may arise on board an aircraft during
a flight.
‘‘(c) LIMITATION.—Actions by crew members under this section
shall be subject to the provisions of section 44903(k).’’.
SEC. 604. STUDY OF EFFECTIVENESS OF TRANSPORTATION SECURITY
SYSTEM.
(a) IN GENERAL.—The Secretary of Homeland Security, in con-
sultation with representatives of the aviation community, shall
study the effectiveness of the aviation security system, including
the air marshal program, hardening of cockpit doors, and security
screening of passengers, checked baggage, and cargo.
(b) REPORT.—The Secretary shall transmit a report of the Sec-
retary’s findings and conclusions together with any recommenda-
tions, including legislative recommendations, the Secretary may
have for improving the effectiveness of aviation security to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure within 6 months after the date of enactment of
this Act. In the report the Secretary shall also describe any
redeployment of Transportation Security Administration resources
based on those findings and conclusions. The Secretary may submit
the report to the Committees in classified and redacted form. The
Secretary shall submit the report in lieu of the annual report
H. R. 2115—77
required under section 44938(a) of title 49, United States Code,
that is due March 31, 2004.
SEC. 605. AIRPORT SECURITY IMPROVEMENT PROJECTS.
(a) IN GENERAL.—Subchapter I of chapter 449 is amended
by adding at the end the following:
‘‘§ 44923. Airport security improvement projects
‘‘(a) GRANT AUTHORITY.—Subject to the requirements of this
section, the Under Secretary for Border and Transportation Security
of the Department of Homeland Security may make grants to air-
port sponsors—
‘‘(1) for projects to replace baggage conveyer systems related
to aviation security;
‘‘(2) for projects to reconfigure terminal baggage areas as
needed to install explosive detection systems;
‘‘(3) for projects to enable the Under Secretary to deploy
explosive detection systems behind the ticket counter, in the
baggage sorting area, or in line with the baggage handling
system; and
‘‘(4) for other airport security capital improvement projects.
‘‘(b) APPLICATIONS.—A sponsor seeking a grant under this sec-
tion shall submit to the Under Secretary an application in such
form and containing such information as the Under Secretary pre-
scribes.
‘‘(c) APPROVAL.—The Under Secretary, after consultation with
the Secretary of Transportation, may approve an application of
a sponsor for a grant under this section only if the Under Secretary
determines that the project will improve security at an airport
or improve the efficiency of the airport without lessening security.
‘‘(d) LETTERS OF INTENT.—
‘‘(1) ISSUANCE.—The Under Secretary may issue a letter
of intent to a sponsor committing to obligate from future budget
authority an amount, not more than the Federal Government’s
share of the project’s cost, for an airport security improvement
project (including interest costs and costs of formulating the
project).
‘‘(2) SCHEDULE.—A letter of intent under this subsection
shall establish a schedule under which the Under Secretary
will reimburse the sponsor for the Government’s share of the
project’s costs, as amounts become available, if the sponsor,
after the Under Secretary issues the letter, carries out the
project without receiving amounts under this section.
‘‘(3) NOTICE TO UNDER SECRETARY.—A sponsor that has
been issued a letter of intent under this subsection shall notify
the Under Secretary of the sponsor’s intent to carry out a
project before the project begins.
‘‘(4) NOTICE
TO
CONGRESS.—The Under Secretary shall
transmit to the Committees on Appropriations and Transpor-
tation and Infrastructure of the House of Representatives and
the Committees on Appropriations and Commerce, Science and
Transportation of the Senate a written notification at least
3 days before the issuance of a letter of intent under this
section.
‘‘(5) LIMITATIONS.—A letter of intent issued under this sub-
section is not an obligation of the Government under section
H. R. 2115—78
1501 of title 31, and the letter is not deemed to be an adminis-
trative commitment for financing. An obligation or administra-
tive commitment may be made only as amounts are provided
in authorization and appropriations laws.
‘‘(6) STATUTORY CONSTRUCTION.—Nothing in this subsection
shall be construed to prohibit the obligation of amounts pursu-
ant to a letter of intent under this subsection in the same
fiscal year as the letter of intent is issued.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Government’s share of the cost of
a project under this section shall be 90 percent for a project
at a medium or large hub airport and 95 percent for a project
at any other airport.
‘‘(2) EXISTING LETTERS OF INTENT.—The Under Secretary
shall revise letters of intent issued before the date of enactment
of this section to reflect the cost share established in this
subsection with respect to grants made after September 30,
2003.
‘‘(f) SPONSOR DEFINED.—In this section, the term ‘sponsor’ has
the meaning given that term in section 47102.
‘‘(g) APPLICABILITY OF CERTAIN REQUIREMENTS.—The require-
ments that apply to grants and letters of intent issued under
chapter 471 (other than section 47102(3)) shall apply to grants
and letters of intent issued under this section.
‘‘(h) AVIATION SECURITY CAPITAL FUND.—
‘‘(1) IN GENERAL.—There is established within the Depart-
ment of Homeland Security a fund to be known as the Aviation
Security Capital Fund. The first $250,000,000 derived from
fees received under section 44940(a)(1) in each of fiscal years
2004 through 2007 shall be available to be deposited in the
Fund. The Under Secretary shall impose the fee authorized
by section 44940(a)(1) so as to collect at least $250,000,000
in each of such fiscal years for deposit into the Fund. Amounts
in the Fund shall be available to the Under Secretary to make
grants under this section.
‘‘(2) ALLOCATIONS.—Of the amount made available under
paragraph (1) for a fiscal year, $125,000,000 shall be allocated
in such a manner that—
‘‘(A) 40 percent shall be made available for large hub
airports;
‘‘(B) 20 percent shall be made available for medium
hub airports;
‘‘(C) 15 percent shall be made available for small hub
airports and nonhub airports; and
‘‘(D) 25 percent shall be distributed by the Secretary
to any airport on the basis of aviation security risks.
‘‘(3) DISCRETIONARY GRANTS.—Of the amount made avail-
able under paragraph (1) for a fiscal year, $125,000,000 shall
be used to make discretionary grants, with priority given to
fulfilling intentions to obligate under letters of intent issued
under subsection (d).
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—In addition to amounts made available
under subsection (h), there is authorized to be appropriated
to carry out this section $250,000,000 for each of fiscal years
2004 through 2007. Such sums shall remain available until
expended.
H. R. 2115—79
‘‘(2) ALLOCATIONS.—50 percent of amounts appropriated
pursuant to this subsection for a fiscal year shall be used
for making allocations under subsection (h)(2) and 50 percent
of such amounts shall be used for making discretionary grants
under subsection (h)(3).’’.
(b) CONFORMING AMENDMENTS.—
(1) USE
OF
PASSENGER
FEE
FUNDS.—Section 44940(a)(1)
is amended by inserting after subparagraph (G) the following:
‘‘(H) The costs of security-related capital improvements
at airports.
‘‘(I) The costs of training pilots and flight attendants
under sections 44918 and 44921.’’.
(2) LIMITATION
ON
COLLECTION.—Section 44940(d)(4) is
amended by striking ‘‘Act.’’ and inserting ‘‘Act or in section
44923.’’.
(3) CHAPTER ANALYSIS.—The analysis for subchapter I of
chapter 449 is amended by adding at the end the following:
‘‘44923. Airport security improvement projects.’’.
SEC. 606. CHARTER SECURITY.
(a) IN GENERAL.—Section 44903 is amended by adding at the
end the following:
‘‘(l) AIR CHARTER PROGRAM.—
‘‘(1) IN GENERAL.—The Under Secretary for Border and
Transportation Security of the Department of Homeland Secu-
rity shall implement an aviation security program for charter
air carriers (as defined in section 40102(a)) with a maximum
certificated takeoff weight of more than 12,500 pounds.
‘‘(2) EXEMPTION FOR ARMED FORCES CHARTERS.—
‘‘(A) IN GENERAL.—Paragraph (1) and the other require-
ments of this chapter do not apply to passengers and prop-
erty carried by aircraft when employed to provide charter
transportation to members of the armed forces.
‘‘(B) SECURITY PROCEDURES.—The Secretary of Defense,
in consultation with the Secretary of Homeland Security
and the Secretary of Transportation, shall establish secu-
rity procedures relating to the operation of aircraft when
employed to provide charter transportation to members
of the armed forces to or from an airport described in
section 44903(c).
‘‘(C) ARMED FORCES DEFINED.—In this paragraph, the
term ‘armed forces’ has the meaning given that term by
section 101(a)(4) of title 10.’’.
(b) REPEAL.—Section 132 of the Aviation and Transpor-
tation Security Act (49 U.S.C. 44944 note) is repealed.
SEC. 607. CAPPS2.
(a) IN
GENERAL.—The Under Secretary for Border and
Transportation Security of the Department of Homeland Security
shall not implement, on other than a test basis, the computer
assisted passenger prescreening system (commonly known as and
in this section referred to as ‘‘CAPPS2’’) until the Under Secretary
provides to Congress a certification that—
(1) a procedure is established enabling airline passengers,
who are delayed or prohibited from boarding a flight because
CAPPS2 determined that they might pose a security threat,