(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;
(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; and
(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.
(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. 105. 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;
‘‘(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;
‘‘(5) require air carriers to provide, on a space-
available basis, to an off-duty Federal air marshal a
seat on a flight to the airport nearest the marshal’s
home at no cost to the marshal or the United States
Government if the marshal is traveling to that air-
port after completing his or her security duties; and
‘‘(6) provide, in choosing among applicants for
a position as a Federal air marshal, a preference for
the hiring of a pilot of an air carrier whose employ-
ment with the air carrier was terminated as a result
of a reduction in the workforce of the air carrier if
the pilot is otherwise qualified for the position.
‘‘(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 and con-
currence of the heads of other Federal agencies and de-
partments, personnel from those agencies and depart-
ments, on a nonreimbursable 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.’’.
(c) BASIC PAY DEFINED.—Section 8331(3)(E) of
title 5, United States Code, is amended to read as follows:
‘‘(E) availability pay—
‘‘(i) received by a criminal investigator
under section 5545a of this title; or
‘‘(ii) received after September 11,
2001, by a Federal air marshal of the De-
partment of Transportation;’’.
SEC. 106. 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) Establish performance goals for individuals
described in paragraph (6), provide for the use of
threat image projection or similar devices to test
such individuals, 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.
‘‘(16) Establish a uniform system of identifica-
tion for all State and local law enforcement per-
sonnel for use in obtaining permission to carry
weapons in aircraft cabins and in obtaining access to
a secured area of an airport.
‘‘(17) Establish requirements under which air
carriers, under the supervision of the Under Sec-
retary, could implement trusted passenger programs
and use available technologies to expedite the secu-
rity screening of passengers who participate in such
programs, thereby allowing security screening per-
sonnel to focus on those passengers who should be
subject to more extensive screening.
‘‘(18) In consultation with the Commissioner of
Food and Drugs, develop security procedures under
which a medical product to be transported on a
flight of an air carrier would not be subject to man-
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.
‘‘(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) CHECKED BAGGAGE.—
‘‘(A) FINAL DEADLINE FOR SCREENING.—
A system must be in operation to screen all
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
and intrastate air transportation as soon as prac-
ticable after the date of enactment of this para-
graph.
‘‘(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. 
107. 
CRIMINAL 
HISTORY 
RECORD 
CHECK 
FOR
SCREENERS 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.’’;
(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
(3) 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. 108. 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. 109. 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.—
‘‘(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
‘‘(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.’’.
(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. 110. 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. 111. 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 paragraph (2).
‘‘(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. 112. 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
114(h)(2) within 30 days after the date of issuance
of such regulation or directive;
‘‘(2) share intelligence information with the
Under Secretary;
‘‘(3) review—
‘‘(A) plans for transportation security;
‘‘(B) standards established for perform-
ance of airport security screening personnel;
‘‘(C) compensation being paid to airport
security screening personnel;
‘‘(D) procurement of security equipment;
‘‘(E) selection, performance, and com-
pensation of senior executives in the Transpor-
tation Security Administration;
‘‘(F) waivers granted by the Under Sec-
retary under section 120 of the Airport Security
Federalization Act of 2001 and may ratify or
disapprove such waivers; and
‘‘(G) budget requests of the Under Sec-
retary; and
‘‘(4) make recommendations to the Under Sec-
retary regarding matters reviewed under paragraph
(3).
‘‘(d) QUARTERLY MEETINGS.—The Board shall meet
at least quarterly.
‘‘(e) CONSIDERATION OF SECURITY INFORMATION.—
A majority of the Board may vote to close a meeting of
the Board to the public when classified, sensitive security
information, or information protected in accordance with
section 40119(b), will be discussed.
‘‘§ 44952. Advisory council
‘‘(a) ESTABLISHMENT.—The Under Secretary of
Transportation for Security shall establish an advisory
council to be known as the ‘Transportation Security Advi-
sory Council’.
‘‘(b) MEMBERSHIP.—The Council shall be composed
of members appointed by the Under Secretary to represent
all modes of transportation, transportation labor, screen-
ing companies, organizations representing families of vic-
tims of transportation disasters, and other entities af-
fected or involved in the transportation security process.
‘‘(c) DUTIES.—The Council shall provide advice and
counsel to the Under Secretary on issues which affect or
are affected by the operations of the Transportation Secu-
rity Administration. The Council shall function as a re-
source for management, policy, spending, and regulatory
matters under the jurisdiction of the Transportation Secu-
rity Administration.
‘‘(d) ADMINISTRATIVE MATTERS.—
‘‘(1) MEETINGS.—The Council shall meet on a
regular and periodic basis or at the call of the Chair-
person or the Under Secretary.
‘‘(2) ACCESS TO DOCUMENTS AND STAFF.—The
Under Secretary may give the Council appropriate
access to relevant documents and personnel of the
Administration, and the Under Secretary shall make
available, consistent with the authority to withhold
commercial and other proprietary information under
section 552 of title 5 (commonly known as the
‘Freedom of Information Act’), cost data associated
with the acquisition and operation of security screen-
ing equipment. Any member of the Council who re-
ceives commercial or other proprietary data from the
Under Secretary shall be subject to the provisions of
section 1905 of title 18, pertaining to unauthorized
disclosure of such information.
‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.—
The Council shall elect a Chairperson and a Vice
Chairperson from among the members, each of
whom shall serve for a term of 2 years. The Vice
Chairperson shall perform the duties of the Chair-
person in the absence of the Chairperson.
‘‘(4) TRAVEL AND PER DIEM.—Each member of
the Council shall be paid actual travel expenses, and
per diem in lieu of subsistence expenses when away
from his or her usual place of residence, in accord-
ance with section 5703 of title 5.
‘‘(5) DETAIL OF PERSONNEL FROM THE ADMIN-
ISTRATION.—The Under Secretary shall make avail-
able to the Council such staff, information, and ad-
ministrative services and assistance as may reason-
ably be required to enable the Council to carry out
its responsibilities under this section.
‘‘(e) FEDERAL ADVISORY COMMITTEE ACT NOT TO
APPLY.—The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to the Council.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 449 is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER III—TRANSPORTATION SECURITY
OVERSIGHT BOARD
‘‘44951. Transportation Security Oversight Board.
‘‘44952. Advisory council.’’.
SEC. 113. AIRPORT IMPROVEMENT PROGRAMS.
(a) COMPETITION
PLAN.—Section 47106(f) is
amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) SPECIAL RULE FOR FISCAL YEAR 2002.—
This subsection does not apply to any passenger fa-
cility fee approved, or grant made, in fiscal year
2002 if the fee or grant is to be used to improve se-
curity at a covered airport.’’.
(b) AIRPORT
DEVELOPMENT
DEFINED.—Section
47102(3) is amended by adding at the end the following:
‘‘(J) hiring, training, compensating, or re-
imbursement for law enforcement personnel at
a non-hub or small hub airport (as defined in
section 41731).
‘‘(K) in fiscal year 2002, any activity, in-
cluding operational activities, of an airport that
is not a primary airport if that airport is lo-
cated within the confines of enhanced class B
airspace, as defined by Notice to Airmen FDC
1/0618 issued by the Federal Aviation Adminis-
tration.
‘‘(L) in fiscal year 2002, payments for
debt service on indebtedness incurred to carry
out a project at an airport owned or controlled
by the sponsor or at a privately owned or oper-
ated airport passenger terminal financed by in-
debtedness incurred by the sponsor if the Sec-
retary determines that such payments are nec-
essary to prevent a default on the indebted-
ness.’’.
(c) REIMBURSEMENT FOR PAST EXPENSES.—Sec-
tion 47110(b)(2) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by inserting after the semicolon at the end
of the subparagraph (C)(iii) ‘‘or’’; and
(3) by inserting at the end the following:
‘‘(D) if the cost is incurred after September 11,
2001, for a project described in subparagraphs (J),
(K), or (L) of section 47102(3) without regard to
the date of execution of a grant agreement under
this subchapter.’’.
(d) 
FEDERAL
SHARE.—Section 
47109(a) 
is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5) 100 percent for a project described in sub-
paragraphs (J), (K), or (L) of section 47102(3).’’.
(e) CONFORMING AMENDMENT
TO AIRPORT
AND
AIRWAY TRUST FUND.—Section 9502(d)(1)(A) of the In-
ternal Revenue Code of 1986 (relating to airport and air-
way program) is amended by inserting ‘‘or the Airport Se-
curity Federalization Act of 2001’’ after ‘‘21st Century’’.
SEC. 114. TECHNICAL CORRECTIONS.
(a) REPORT DEADLINE.—Section 106(a) of the Air
Transportation Safety and System Stabilization Act (Pub-
lic Law 107–42) is amended by striking ‘‘February 1,
2001’’ and inserting ‘‘February 1, 2002’’.
(b) INSURANCE AND REINSURANCE OF AIRCRAFT.—
Section 44306(c) (as redesignated by section 201(d) of
such Act) is amended by inserting ‘‘in the interest of air
commerce or national security’’ before ‘‘to carry out for-
eign policy’’.
(c) 
FEDERAL
CREDIT
INSTRUMENTS.—Section
102(c)(2)(A) of such Act is amended by striking ‘‘rep-
resentatives’’ and inserting ‘‘representations’’.
(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.—
‘‘(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.’’.
SEC. 115. ALCOHOL AND CONTROLLED SUBSTANCE TEST-
ING.
Chapter 451 is amended—
(1) by striking ‘‘contract personnel’’ each place
it appears and inserting ‘‘personnel’’;
(2) by striking ‘‘contract employee’’ each place
it appears and inserting ‘‘employee’’;
(3) in section 45106(c) by striking ‘‘contract
employees’’ and inserting ‘‘employees’’;
(4) by inserting after section 45106 the fol-
lowing:
‘‘§ 45107. Transportation Security Administration
‘‘(a) TRANSFER OF FUNCTIONS RELATING TO TEST-
ING PROGRAMS WITH RESPECT TO AIRPORT SECURITY
SCREENING PERSONNEL.—The authority of the Adminis-
trator of the Federal Aviation Administration under this
chapter with respect to programs relating to testing of air-
port security screening personnel are transferred to the
Under Secretary of Transportation for Security. Notwith-
standing section 45102(a), the regulations prescribed
under section 45102(a) shall require testing of such per-
sonnel by their employers instead of by air carriers and
foreign air carriers.
‘‘(b) APPLICABILITY OF CHAPTER WITH RESPECT TO
EMPLOYEES OF ADMINISTRATION.—The provisions of this
chapter that apply with respect to employees of the Fed-
eral Aviation Administration whose duties include respon-
sibility for safety-sensitive functions shall apply with re-
spect to employees of the Transportation Security Admin-
istration whose duties include responsibility for security-
sensitive functions. The Under Secretary of Transpor-
tation for Security, the Transportation Security Adminis-
tration, and employees of the Transportation Security Ad-
ministration whose duties include responsibility for secu-
rity-sensitive functions shall be subject to and comply with
such provisions in the same manner and to the same ex-
tent as the Administrator of the Federal Aviation Admin-
istration, the Federal Aviation Administration, and em-
ployees of the Federal Aviation Administration whose du-
ties include responsibility for safety-sensitive functions, re-
spectively.’’; and
(5) in the analysis for such chapter by inserting
after the item relating to section 45106 the fol-
lowing:
‘‘45107. Transportation Security Administration.’’.
SEC. 116. CONFORMING AMENDMENTS TO SUBTITLE VII.
(a) RECORDS OF EMPLOYMENT OF PILOT APPLI-
CANTS.—Part A of subtitle VII is amended—
(1) by moving subsections (f), (g), and (h) of
section 44936 from section 44936, inserting them at
the end of section 44703, and redesignating them as
subsections (h), (i), and (j), respectively; and
(2) in subsections (i) and (j) of section 44703
(as moved to the end of section 44703 by paragraph
(1) of this subsection), by striking ‘‘subsection (f)’’
each place it appears and inserting ‘‘subsection (h)’’.
(b) INVESTIGATIONS
AND PROCEDURES.—Chapter
461 is amended—
(1) in each of sections 46101(a)(1), 46102(a),
46103(a), 46104(a), 46105(a), 46106, 46107(b),
and 46110(a) by inserting after ‘‘(or’’ the following:
‘‘the Under Secretary of Transportation for Security
with respect to security duties and powers des-
ignated to be carried out by the Under Secretary
or’’;
(2) by striking ‘‘or Administrator’’ each place it
appears and inserting ‘‘, Under Secretary, or Ad-
ministrator’’;
(3) in section 46101(a)(2) by striking ‘‘of
Transportation or the’’ and inserting ‘‘, Under Sec-
retary, or’’;
(4) in section 46102(b) by striking ‘‘and the
Administrator’’ and inserting ‘‘, the Under Sec-
retary, and the Administrator’’;
(5) in section 46102(c) by striking ‘‘and Ad-
ministrator’’ each place it appears and inserting ‘‘,
Under Secretary, and Administrator’’;
(6) in each of sections 46102(d) and 46104(b)
by inserting ‘‘the Under Secretary,’’ after ‘‘Sec-
retary,’’;
(7) in the heading to section 46106 by striking
‘‘Secretary of Transportation and Admin-
istrator of the Federal Aviation Adminis-
tration’’ 
and 
inserting 
‘‘Department 
of
Transportation’’; and
(8) in the item relating to section 46106 of the
analysis for such chapter by striking ‘‘Secretary of
Transportation and Administrator of the Federal
Aviation Administration’’ and inserting ‘‘Depart-
ment of Transportation’’.
(c) ADMINISTRATIVE.—Section 40113 is amended—
(1) in subsection (a)—
(A) by inserting after ‘‘(or’’ the following:
‘‘the Under Secretary of Transportation for Se-
curity with respect to security duties and pow-
ers designated to be carried out by the Under
Secretary or’’; and
(B) by striking ‘‘or Administrator’’ and in-
serting ‘‘, Under Secretary, or Administrator’’;
and
(2) in subsection (d)—
(A) by inserting after ‘‘The’’ the following:
‘‘Under Secretary of Transportation for Secu-
rity or the’’;
(B) by striking ‘‘Administration’’ the sec-
ond place it appears and inserting ‘‘Transpor-
tation Security Administration or Federal Avia-
tion Administration, as the case may be,’’; and
(C) by striking ‘‘the Administrator de-
cides’’ and inserting ‘‘the Under Secretary or
Administrator, as the case may be, decides’’.
(d) PENALTIES.—Chapter 463 is amended—
(1) in section 46301(d)(2)—
(A) by striking ‘‘, chapter 449 (except sec-
tions 44902, 44903(d), 44907(a)–(d)(1)(A) and
(d)(1)(C)–(f), 44908, and 44909),’’;
(B) by inserting after the first sentence
the following: ‘‘The Under Secretary of Trans-
portation for Security may impose a civil pen-
alty for a violation of chapter 449 (except sec-
tions 44902, 44903(d), 44907(a)–(d)(1)(A),
44907(d)(1)(C)–(f), 44908, and 44909) or a
regulation prescribed or order issued under
such chapter 449.’’; and
(C) by inserting ‘‘Under Secretary or’’ be-
fore ‘‘Administrator shall’’;
(2) in each of paragraphs (3) and (4) of section
46301(d) by striking ‘‘Administrator’’ each place it
appears and inserting ‘‘Under Secretary or Adminis-
trator’’;
(3) in section 46301(d)(8) by striking ‘‘Admin-
istrator’’ and inserting ‘‘Under Secretary, Adminis-
trator,’’;
(4) in section 46301(h)(2) by inserting after
‘‘(or’’ the following: ‘‘the Under Secretary of Trans-
portation for Security with respect to security duties
and powers designated to be carried out by the
Under Secretary or’’;
(5) in section 46303(c)(2) by inserting ‘‘or the
Under Secretary of Transportation for Security’’
after ‘‘Federal Aviation Administration’’;
(6) in section 46311—
(A) by inserting after ‘‘Transportation,’’
the following: ‘‘the Under Secretary of Trans-
portation for Security with respect to security
duties and powers designated to be carried out
by the Under Secretary,’’;
(B) by inserting after ‘‘Secretary,’’ each
place it appears the following: ‘‘Under Sec-
retary,’’; and
(C) by striking ‘‘or Administrator’’ each
place it appears and inserting ‘‘, Under Sec-
retary, or Administrator’’;
(7) in each of sections 46313 and 46316 by in-
serting after ‘‘(or’’ the following: ‘‘the Under Sec-
retary of Transportation for Security with respect to
security duties and powers designated to be carried
out by the Under Secretary or’’; and
(8) in section 46505(d)(2) by inserting ‘‘or the
Under Secretary of Transportation for Security’’
after ‘‘Federal Aviation Administration’’.
SEC. 117. SAVINGS PROVISION.
(a) TRANSFER OF ASSETS AND PERSONNEL.—Ex-
cept as otherwise provided in this Act, those personnel,
property, and records employed, used, held, available, or
to be made available in connection with a function trans-
ferred to the Transportation Security Administration by
this Act shall be transferred to the Transportation Secu-
rity Administration for use in connection with the func-
tions transferred. Unexpended balances of appropriations,
allocations, and other funds made available to the Federal
Aviation Administration to carry out such functions shall
also be transferred to the Transportation Security Admin-
istration for use in connection with the functions trans-
ferred.
(b) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, settle-
ments, agreements, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the Federal Aviation
Administration, any officer or employee thereof, or
any other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion that is transferred by this Act; and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date), shall continue in effect according to their
terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
Under Secretary of Transportation for Security, any
other authorized official, a court of competent juris-
diction, or operation of law.
(c) PROCEEDINGS.—
(1) IN GENERAL.—The provisions of this Act
shall not affect any proceedings or any application
for any license pending before the Federal Aviation
Administration at the time this Act takes effect, in-
sofar as those functions are transferred by this Act;
but such proceedings and applications, to the extent
that they relate to functions so transferred, shall be
continued. Orders shall be issued in such pro-
ceedings, appeals shall be taken therefrom, and pay-
ments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in
any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent ju-
risdiction, or by operation of law.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this subsection shall be deemed to prohibit the dis-
continuance or modification of any proceeding de-
scribed in paragraph (1) under the same terms and
conditions and to the same extent that such pro-
ceeding could have been discontinued or modified if
this Act had not been enacted.
(3) ORDERLY
TRANSFER.—The Secretary of
Transportation is authorized to provide for the or-
derly transfer of pending proceedings from the Fed-
eral Aviation Administration.
(d) SUITS.—
(1) IN
GENERAL.—This Act shall not affect
suits commenced before the date of the enactment of
this Act, except as provided in paragraphs (2) and
(3). In all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
(2) SUITS BY OR AGAINST FAA.—Any suit by or
against the Federal Aviation Administration begun
before the date of the enactment of this Act shall be
continued, insofar as it involves a function retained
and transferred under this Act, with the Transpor-
tation Security Administration (to the extent the
suit involves functions transferred to the Transpor-
tation Security Administration under this Act) sub-
stituted for the Federal Aviation Administration.
(3) REMANDED CASES.—If the court in a suit
described in paragraph (1) remands a case to the
Transportation Security Administration, subsequent
proceedings related to such case shall proceed in ac-
cordance with applicable law and regulations as in
effect at the time of such subsequent proceedings.
(e) CONTINUANCE
OF
ACTIONS
AGAINST
OFFI-
CERS.—No suit, action, or other proceeding commenced
by or against any officer in his official capacity as an offi-
cer of the Federal Aviation Administration shall abate by
reason of the enactment of this Act. No cause of action
by or against the Federal Aviation Administration, or by
or against any officer thereof in his official capacity, shall
abate by reason of the enactment of this Act.
(f) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, an officer or employee of the Trans-
portation Security Administration may, for purposes of
performing a function transferred by this Act or the
amendments made by this Act, exercise all authorities
under any other provision of law that were available with
respect to the performance of that function to the official
responsible for the performance of the function imme-
diately before the effective date of the transfer of the func-
tion under this Act.
(g) ACT DEFINED.—In this section, the term ‘‘Act’’
includes the amendments made by this Act.
SEC. 118. BUDGET SUBMISSIONS.
The President’s budget submission for fiscal year
2003 and each fiscal year thereafter shall reflect the estab-
lishment of the Transportation Security Administration.
SEC. 119. AIRCRAFT OPERATIONS IN ENHANCED CLASS B
AIRSPACE.
Notice to Airmen FDC 1/0618 issued by the Federal
Aviation Administration, and any other regulation, order,
or directive that restricts the ability of United States reg-
istered aircraft to conduct operations under part 91 of
title 14, Code of Federal Regulations, in enhanced class
B airspace (as defined by such Notice), shall cease to be
in effect beginning on the 10th day following the date of
the enactment of this Act, unless the Secretary of Trans-
portation publishes a notice in the Federal Register before
such 10th day reimposing the restriction and explaining
the reasons for the restriction.
SEC. 120. WAIVERS FOR CERTAIN ISOLATED COMMUNITIES.
(a) IN GENERAL.—In any case in which a restriction
is imposed on an air carrier (as defined in section 40102
of title 49, United States Code) for reasons of national
security by any government agency, the Under Secretary
of Transportation for Security may grant a waiver from
such restrictions for the carriage of cargo, mail, patients,
and emergency medical supplies (and associated per-
sonnel) on flights to or from a community that is not ac-
cessible by road, or that is more than 200 miles, from a
hub airport (as defined in section 41731 of such title).
(b) REVIEW AND DISAPPROVAL.—Any grant of a
waiver by the Under Secretary under this section shall be
subject to review and disapproval by the Transportation
Security Oversight Board.
(c) LIMITATIONS.—The Board may impose reason-
able limitations on any waiver granted under this section.
SEC. 121. ASSESSMENTS OF THREATS TO AIRPORTS.
Section 44904 is amended by adding at the end the
following:
‘‘(d) PASSENGER VEHICLES.—
‘‘(1) THREAT ASSESSMENT.—An operator of an
airport with scheduled passenger service, in con-
sultation with appropriate State or local law enforce-
ment authorities, may conduct a threat assessment
of the airport to determine whether passenger vehi-
cles should be permitted to park within 300 feet of
the airport terminal building.
‘‘(2) REMOVAL OF CERTAIN RESTRICTIONS.—If
the airport operator, after consultation with the ap-
propriate State or local law enforcement authorities,
determines that safeguards are in place to suffi-
ciently protect public safety and so certifies, in writ-
ing, to the Secretary of Transportation, any rule,
order, or other directive of the Secretary prohibiting
the parking of passenger vehicles within 300 feet of
an airport terminal building shall not apply to the
terminal building at such airport.’’.
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
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.
(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:
‘‘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
‘‘(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
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
of possession of the United States or any political subdivi-
sion of any of the foregoing.’’.
Passed the House of Representatives November 1,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 3150
AN ACT
To improve aviation security, and for other
purposes.