(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘44939. Training to operate jet-propelled aircraft.’’.
(c) INTERNATIONAL COOPERATION.—The Secretary
of Transportation, in consultation with the Secretary of
State, shall work with the International Civil Aviation Or-
ganization and the civil aviation authorities of other coun-
tries to improve international aviation security through
screening programs for flight instruction candidates.
SEC. 112. REPORT TO CONGRESS ON SECURITY.
Within 60 days after the date of enactment of this
Act, the Attorney General and the Secretary of Transpor-
tation shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and In-
frastructure containing their joint recommendations on
additional measures for the Federal Government to ad-
dress transportation security functions.
SEC. 113. GENERAL AVIATION AND AIR CHARTERS.
The Secretary of Transportation shall submit to the
Senate Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee on
Transportation and Infrastructure within 3 months after
the date of enactment of this Act a report on how to im-
prove security with respect to general aviation and air
charter operations in the United States.
SEC. 114. INCREASED PENALTIES FOR INTERFERENCE
WITH SECURITY PERSONNEL.
(a) IN GENERAL.—Chapter 465 of title 49, United
States Code, is amended by inserting after section 46502
the following:
‘‘§ 46503. Interference with security screening per-
sonnel
‘‘An individual in an area within a commercial service
airport in the United States who, by assaulting or intimi-
dating a Federal, airport, or air carrier employee who has
security duties within the airport, interferes with the per-
formance of the duties of the employee or lessens the abil-
ity of the employee to perform those duties, shall be fined
under title 18, imprisoned for not more than 10 years,
or both. If the individual used a dangerous weapon in com-
mitting the assault, intimidation, or interference, the indi-
vidual may be imprisoned for any term of years or life
imprisonment.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 465 of such title is amended by inserting
after the item relating to section 46502 the following:
‘‘46503. Interference with security screening personnel’’.
SEC. 115. SECURITY-RELATED STUDY BY FAA.
Within 120 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Adminis-
tration shall transmit to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture a report setting forth the Administrator’s findings
and recommendations on the following aviation security-
related issues:
(1) A requirement that individuals employed at
an airport with scheduled passenger service, and law
enforcement personnel at such an airport, be
screened via electronic identity verification or, until
such verification is possible, have their identity
verified by visual inspection.
(2) The installation of switches in the cabin for
use by cabin crew to notify the flight crew discreetly
that there is a security breach in the cabin.
(3) A requirement that air carriers and airports
revalidate all employee identification cards using
hologram stickers, through card re-issuance, or
through electronic revalidation.
(4) The updating of the common strategy used
by the Administration, law enforcement agencies, air
carriers, and flight crews during hijackings to in-
clude measures to deal with suicidal hijackers and
other extremely dangerous events not currently dealt
with by the strategy.
(5) The use of technology that will permit en-
hanced instant communications and information be-
tween airborne passenger aircraft and appropriate
individuals or facilities on the ground.
SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CER-
TAIN STATES.
(a) IN GENERAL.—Notwithstanding any provision of
section 41309(a) of title 49, United States Code, to the
contrary, air carriers providing air transportation on
flights which both originate and terminate at points within
the same State may file an agreement, request, modifica-
tion, or cancellation of an agreement within the scope of
that section with the Secretary of Transportation upon a
declaration by the Governor of the State that such agree-
ment, request, modification, or cancellation is necessary
to ensure the continuing availability of such air transpor-
tation within that State.
(b) APPROVAL OF SECRETARY.—The Secretary may
approve any such agreement, request, modification, or
cancellation and grant an exemption under section
41308(c) of title 49, United States Code, to the extent
necessary to effectuate such agreement, request, modifica-
tion, or cancellation, without regard to the provisions of
section 41309(b) or (c) of that title.
(c) PUBLIC INTEREST REQUIREMENT.—The Sec-
retary may approve such an agreement, request, modifica-
tion, or cancellation if the Secretary determines that—
(1) the State to which it relates has extraor-
dinary air transportation needs and concerns; and
(2) approval is in the public interest.
(d) TERMINATION.—An approval under subsection
(b) and an exemption under section 41308(c) of title 49,
United States Code, granted under subsection (b) shall
terminate on the earlier of the 2 following dates:
(1) A date established by the Secretary in the
Secretary’s discretion.
(2) October 1, 2002.
(e) EXTENSION.—Notwithstanding subsection (d), if
the Secretary determines that it is in the public interest,
the Secretary may extend the termination date under sub-
section (d)(2) until a date no later than October 1, 2003.
SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.
(a) IN GENERAL.—In order to ensure that all airline
computer reservation systems maintained by United
States air carriers are secure from unauthorized access by
persons seeking information on reservations, passenger
manifests, or other non-public information, the Secretary
of Transportation shall require all such air carriers to uti-
lize to the maximum extent practicable the best technology
available to secure their computer reservation system
against such unauthorized access.
(b) REPORT.—The Secretary shall transmit an an-
nual report to the Senate Committee on Commerce,
Science, and Transportation and to the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture on compliance by United States air carriers with the
requirements of subsection (a).
SEC. 118. SECURITY FUNDING.
(a) USER FEE FOR SECURITY SERVICES.—
(1) IN GENERAL.—Chapter 481 is amended by
adding at the end thereof the following:
‘‘§ 48114. User fee for security services charge
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall collect a user fee from air carriers. Amounts collected
under this section shall be treated as offsetting collections
to offset annual appropriations for the costs of providing
aviation security services.
‘‘(b) AMOUNT
OF FEE.—Air carriers shall remit
$2.50 for each passenger enplanement.
‘‘(c) USE OF FEES.—A fee collected under this sec-
tion shall be used solely for the costs associated with pro-
viding aviation security services and may be used only to
the extent provided in advance in an appropriation law.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 481 is amended by adding at the
end thereof the following:
‘‘48114. User fee for security services’’.
(3) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply with respect to trans-
portation beginning after the date which is 180 days
after the date of enactment of this Act.
(b) SPECIFIC
AUTHORIZATION
OF
APPROPRIA-
TIONS.—
(1) IN GENERAL.—Part C of subtitle VII of
title 49, United States Code, is amended by adding
at the end the following:
‘‘CHAPTER 483. AVIATION SECURITY FUNDING.
‘‘Sec.
‘‘48301. Aviation security funding
‘‘§ 48301. Aviation security funding
‘‘There are authorized to be appropriated for fiscal
years 2002, 2003, and 2004, such sums as may be nec-
essary to carry out chapter 449 and related aviation secu-
rity activities under this title.’’.
(2) CONFORMING
AMENDMENT.—The subtitle
analysis for subtitle VII of title 49, United States
Code, is amended by inserting after the item relating
to chapter 482 the following:
‘‘483. Aviation Security Funding ............................................................. 48301’’.
SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION
SECURITY.
(a) LIMITED USE OF AIRPORT IMPROVEMENT PRO-
GRAM FUNDS.—
(1) BLANKET
AUTHORITY.—Notwithstanding
any provision of law to the contrary, including any
provision of chapter 471 of title 49, United States
Code, or any rule, regulation, or agreement there-
under, for fiscal year 2002 the Administrator of the
Federal Aviation Administration may permit an air-
port operator to use amounts made available under
that chapter to defray additional direct security-re-
lated expenses imposed by law or rule after Sep-
tember 11, 2001, for which funds are not otherwise
specifically appropriated or made available under
this or any other Act.
(2) AIRPORT
DEVELOPMENT
FUNDS.—Section
47102(3) of title 49, United States Code, is amend-
ed by adding at the end the following:
‘‘(J) after September 11, 2001, and before
October 1, 2002, for fiscal year 2002, addi-
tional operational requirements, improvement of
facilities, purchase and deployment of equip-
ment, hiring, training, and providing appro-
priate personnel, or an airport or any aviation
operator at an airport, that the Secretary deter-
mines will enhance and ensure the security of
passengers and other persons involved in air
travel.’’.
(3) ALLOWABLE
COSTS.—Section 47110(b)(2)
of title 49, United States Code, is amended—
(A) by striking ‘‘or’’ in subparagraph (B);
(B) by inserting ‘‘or’’ after ‘‘executed;’’ in
subparagraph (C); and
(C) by adding at the end the following:
‘‘(D) if the cost is incurred after Sep-
tember 11, 2001, for a project described in sec-
tion 47102(3)(J), and shall not depend upon
the date of execution of a grant agreement
made under this subchapter;’’.
(4) DISCRETIONARY
GRANTS.—Section 47115
of title 49, United States Code, is amended by add-
ing at the end the following:
‘‘(i) CONSIDERATIONS
FOR PROJECT UNDER EX-
PANDED SECURITY ELIGIBILITY.—In order to assure that
funding under this subchapter is provided to the greatest
needs, the Secretary, in selecting a project described in
section 47102(3)(J) for a grant, shall consider the non-
federal resources available to sponsor, the use of such non-
federal resources, and the degree to which the sponsor is
providing increased funding for the project.’’.
(5) FEDERAL
SHARE.—Section 47109(a) of
title 49, United States Code, is amended—
(A) by striking ‘‘and’’ in paragraph (3);
(B) by striking ‘‘47134.’’ in paragraph (4)
and inserting ‘‘47134; and’’; and
(C) by adding at the end the following:
‘‘(5) for fiscal year 2002, 100 percent for a
project described in section 47102(3)(J).’’.
(b) APPORTIONED FUNDS.—For the purpose of car-
rying out section 47114 of title 49, United States Code,
for fiscal year 2003, the Secretary shall use, in lieu of
passenger boardings at an airport during the prior cal-
endar year, the greater of—
(1) the number of passenger boardings at that
airport during 2000; or
(2) the number of passenger boardings at that
airport during 2001.
(c) EXPEDITED PROCESSING OF SECURITY-RELATED
PFC REQUESTS.—The Administrator of the Federal
Aviation Administration shall, to the extent feasible, expe-
dite the processing and approval of passenger facility fee
requests under subchapter I of chapter 471 of title 49,
United States Code, for projects described in section
47192(3)(J) of title 49, United States Code.
SEC. 120. AUTHORIZATION OF FUNDS FOR REIMBURSE-
MENT OF AIRPORTS FOR SECURITY MAN-
DATES.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of
Transportation such sums as may be necessary for fiscal
year 2002 to compensate airport operators for eligible se-
curity costs.
(b) REIMBURSABLE COSTS.—The Secretary may re-
imburse an airport operator (from amounts made available
for obligation under subsection (a)) for the direct costs
incurred by the airport operator in complying with new,
additional, or revised security requirements imposed on
airport operators by the Federal Aviation Administration
on or after September 11, 2001.
(c) DOCUMENTATION OF COSTS; AUDIT.—The Sec-
retary may not reimburse an airport operator under this
section for any cost for which the airport operator does
not demonstrate to the satisfaction of the Secretary, using
sworn financial statements or other appropriate data,
that—
(1) the cost is eligible for reimbursement under
subsection (b); and
(2) the cost was incurred by the airport oper-
ator.
The Inspector General of the Department of Transpor-
tation and the Comptroller General of the United States
may audit such statements and may request any other in-
formation that necessary to conduct such an audit.
(d) CLAIM PROCEDURE.—Within 30 days after the
date of enactment of this Act, the Secretary, after con-
sultation with airport operators, shall publish in the Fed-
eral Register the procedures for filing claims for reim-
bursement under this section of eligible costs incurred by
airport operators.
SEC. 121. ENCOURAGING AIRLINE EMPLOYEES TO REPORT
SUSPICIOUS ACTIVITIES.
(a) IN GENERAL.—Subchapter II of chapter 449 of
title 49, United States Code, is amended by inserting at
the end the following:
‘‘§ 44940. Immunity for reporting suspicious activities
‘‘(a) IN GENERAL.—Any air carrier or foreign air
carrier or any employee of an air carrier or foreign air
carrier who makes a voluntary disclosure of any suspicious
transaction relevant to a possible violation of law or regu-
lation, relating to air piracy, a threat to aircraft or pas-
senger safety, or terrorism, as defined by section 3077 of
title 18, United States Code, to any employee or agent
to the Senate Committee on Commerce, Science, and
Transportation, the House Committe on Transportation
and Infrastructure, and the Judiciary Committees of the
Senate and the House of Representatives on the imple-
mentation of the procedures required under section 44941
of title 49, United States Code, as added by this section.
(c) CHAPTER ANALYSIS.—The chapter analysis for
chapter 449 of title 49, United States Code, is amended
by inserting at the end the following:
‘‘44940. Immunity for reporting suspicious activities.
‘‘44941. Sharing security risk information.’’.
SEC. 122. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT
DECK CREWS.
(a) NATIONAL INSTITUTE OF JUSTICE STUDY.—The
National Institute of Justice shall assess the range of less-
than-lethal weaponry available for use by a flight deck
crewmember temporarily to incapacitate an individual who
presents a clear and present danger to the safety of the
aircraft, its passengers, or individuals on the ground and
report its findings and recommendations to the Secretary
of Transportation within 90 days after the date of enact-
ment of this Act.
(b) Section 44903 of title 49, United States Code,
is amended by adding at the end the following:
‘‘(h) AUTHORITY TO ARM FLIGHT DECK CREW WITH
LESS-THAN-LETHAL WEAPONS.—
‘‘(1) IN GENERAL.—If the Secretary, after re-
ceiving the recommendations of the National Insti-
tute of Justice, determines, with the approval of the
Attorney General and the Secretary of State, that it
is appropriate and necessary and would effectively
serve the public interest in avoiding air piracy, the
Secretary may authorize members of the flight deck
crew on any aircraft providing air transportation or
intrastate air transportation to carry a less-than-le-
thal weapon while the aircraft is engaged in pro-
viding such transportation.
‘‘(2) USAGE.—If the Secretary grants authority
under paragraph (1) for flight deck crew members
to carry a less-than-lethal weapon while engaged in
providing air transportation or intrastate air trans-
portation, the Secretary shall—
‘‘(A) prescribe rules requiring that any
such crew member be trained in the proper use
of the weapon; and
‘‘(B) prescribe guidelines setting forth the
circumstances under which such weapons may
be used.’’.
SEC. 123. MAIL AND FREIGHT WAIVERS.
During a national emergency affecting air transpor-
tation or intrastate air transportation, the Secretary of
Transportation, after consultation with the Aviation Secu-
rity Coordination Council, may grant a complete or partial
waiver of any restrictions on the carriage by aircraft of
freight, mail, emergency medical supplies, personnel, or
patients on aircraft, imposed by the Department of Trans-
portation (or other Federal agency or department) that
would permit such carriage of freight, mail, emergency
medical supplies, personnel, or patients on flights, to,
from, or within States with extraordinary air transpor-
tation needs or concerns if the Secretary determines that
the waiver is in the public interest, taking into consider-
ation the isolation of and dependence on air transportation
of such States. The Secretary may impose reasonable limi-
tations on any such waivers.
SEC. 124. SAFETY AND SECURITY OF ON-BOARD SUPPLIES.
(a) IN GENERAL.—The Secretary of Transportation
shall establish procedures to ensure the safety and integ-
rity of all supplies, including catering and passenger
amenities, placed aboard aircraft providing passenger air
transportation or intrastate air transportation.
(b) MEASURES.—In carrying out subsection (a), the
Secretary may require—
(1) security procedures for suppliers and their
facilities;
(2) the sealing of supplies to ensure easy visual
detection of tampering; and
(3) the screening of personnel, vehicles, and
supplies entering secured areas of the airport or
used in servicing aircraft.
SEC. 125. FLIGHT DECK SECURITY
(a) SHORT TITLE.—This section may be cited as the
‘‘Flight Deck Security Act of 2001’’.
(b) FINDINGS.—Congress makes the following find-
ings:
(1) On September 11, 2001, terrorists hijacked
four civilian aircraft, crashing two of the aircraft
into the towers of the World Trade Center in New
York, New York, and a third into the Pentagon out-
side Washington, District of Columbia.
(2) Thousands of innocent Americans and citi-
zens of other countries were killed or injured as a
result of these attacks, including the passengers and
crew of the four aircraft, workers in the World
Trade Center and in the Pentagon, rescue workers,
and bystanders.
(3) These attacks destroyed both towers of the
World Trade Center, as well as adjacent buildings,
and seriously damaged the Pentagon.
(4) These attacks were by far the deadliest ter-
rorist attacks ever launched against the United
States and, by targeting symbols of America, clearly
were intended to intimidate our Nation and weaken
its resolve.
(5) Armed pilots, co-pilots, and flight engineers
with proper training will be the last line of defense
against terrorist by providing cockpit security and
aircraft security.
(6) Secured doors separating the flight deck
from the passenger cabin have been effective in de-
terring hijackings in other nations and will serve as
a deterrent to future contemplated acts of terrorism
in the United States.
(c) AVIATION SAFETY AND THE SUPPRESSION OF
TERRORISM BY COMMERCIAL AIRCRAFT.—
(1) POSSESSION OF FIREARMS ON COMMERCIAL
FLIGHTS.—The Federal Aviation Administration
(FAA) is authorized to permit a pilot, co-pilot, or
flight engineer of a commercial aircraft who has suc-
cessfully completed the requirements of paragraph
(2), or who is not otherwise prohibited by law from
possessing a firearm, from possessing or carrying a
firearm approved by the FAA for the protection of
the aircraft under procedures or regulations as nec-
essary to ensure the safety and integrity of flight.
(2) FEDERAL PILOT OFFICERS.—(A) In addi-
tion to the protections provided by paragraph (1),
the FAA shall also establish a voluntary program to
train and supervise commercial airline pilots.
(B) Under the program, the FAA shall make
available appropriate training and supervision for all
such pilots, which may include training by private
entities.
(C) The power granted to such persons shall be
limited to enforcing Federal law in the cockpit of
commercial aircraft and, under reasonable cir-
cumstances the passenger compartment to protect
the integrity of the commercial aircraft and the lives
of the passengers.
(D) The FAA shall make available appropriate
training to any qualified pilot who requests such
training pursuant to this title.
(E) The FAA may prescribe regulations for
purposes of this section.
(d) REPORTS
TO CONGRESS.—Not later than six
months after the date of the enactment of this Act, and
every six months thereafter, the Secretary of Transpor-
tation shall submit to Congress a report on the effective-
ness of the requirements in this section in facilitating com-
mercial aviation safety and the suppression of terrorism
by commercial aircraft.
SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.
Section 44703(g) of title 49, United States Code, is
amended—
(1) in the first sentence of paragraph (1)—
(A) by striking ‘‘pilots’’ and inserting ‘‘air-
men’’; and
(B) by striking the period and inserting
‘‘and related to combating acts of terrorism.’’;
and
(2) by adding at the end, the following new
paragraphs:
‘‘(3) For purposes of this section, the term ‘acts of
terrorism’ means an activity that involves a violent act or
an act dangerous to human life that is a violation of the
criminal laws of the United States or of any State, or that
would be a criminal violation if committed within the juris-
diction of the United States or of any State, and appears
to be intended to intimidate or coerce a civilian population
to influence the policy of a government by intimidation
or coercion or to affect the conduct of a government by
assassination or kidnaping.
‘‘(4) The Administrator is authorized and directed to
work with State and local authorities, and other Federal
agencies, to assist in the identification of individuals ap-
plying for or holding airmen certificates.’’.
SEC. 127. RESULTS-BASED MANAGEMENT.
Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 44942. Performance Goals and Objectives
‘‘(a) SHORT TERM TRANSITION.—
‘‘(1) IN GENERAL.—Within 60 days of enact-
ment, the Deputy Secretary for Transportation Se-
curity shall, in consultation with Congress—
‘‘(A) establish acceptable levels of perform-
ance for aviation security, including screening
operations and access control, and
‘‘(B) provide Congress with an action plan,
containing measurable goals and milestones,
that outlines how those levels of performance
will be achieved.
‘‘(2) BASICS
OF
ACTION
PLAN.—The action
plan shall clarify the responsibilities of the Depart-
ment of Transportation, the Federal Aviation Ad-
ministration and any other agency or organization
that may have a role in ensuring the safety and se-
curity of the civil air transportation system.
‘‘(b) LONG-TERM RESULTS-BASED MANAGEMENT.—
‘‘(1) PERFORMANCE PLAN AND REPORT.—
‘‘(A) PERFORMANCE PLAN.—(i) Each year,
consistent with the requirements of the Govern-
ment Performance and Results Act of 1993
(GPRA), the Secretary and the Deputy Sec-
retary for Transportation Security shall agree
on a performance plan for the succeeding 5
years that establishes measurable goals and ob-
jectives for aviation security. The plan shall
identify action steps necessary to achieve such
goals.
‘‘(ii) In addition to meeting the require-
ments of GPRA, the performance plan shall
clarify the responsibilities of the Secretary, the
Deputy Secretary for Transportation Security
and any other agency or organization that may
have a role in ensuring the safety and security
of the civil air transportation system.
‘‘(iii) The performance plan shall be avail-
able to the public. The Deputy Secretary for
Transportation Security may prepare a non-
public appendix covering performance goals and
indicators that, if revealed to the public, would
likely impede achievement of those goals and in-
dicators.
‘‘(B) PERFORMANCE
REPORT.—(i) Each
year, consistent with the requirements of
GPRA, the Deputy Secretary for Transpor-
tation Security shall prepare and submit to
Congress an annual report including an evalua-
tion of the extent goals and objectives were met.
The report shall include the results achieved
during the year relative to the goals established
in the performance plan.
‘‘(ii) The performance report shall be avail-
able to the public. The Deputy Secretary for
Transportation Security may prepare a non-
public appendix covering performance goals and
indicators that, if revealed to the public, would
likely impede achievement of those goals and in-
dicators.
‘‘§ 44943. Performance Management System
‘‘(a) ESTABLISHING A FAIR AND EQUITABLE SYS-
TEM FOR MEASURING STAFF PERFORMANCE.—The Dep-
uty Secretary for Transportation Security shall establish
a performance management system which strengthens the
organization’s effectiveness by providing for the establish-
ment of goals and objectives for managers, employees, and
organizational performance consistent with the perform-
ance plan.
‘‘(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY
FOR MEETING PERFORMANCE GOALS.—(1) Each year,
the Secretary and Deputy Secretary for Transportation
Security shall enter into an annual performance agree-
ment that shall set forth organizational and individual per-
formance goals for the Deputy Secretary.
‘‘(2) Each year, the Deputy Secretary for Transpor-
tation Security and each senior manager who reports to
the Deputy Secretary for Transportation Security shall
enter into an annual performance agreement that sets
forth organization and individual goals for those man-
agers. All other employees hired under the authority of
the Deputy Secretary for Transportation Security shall
enter into an annual performance agreement that sets
forth organization and individual goals for those employ-
ees.
‘‘(c) COMPENSATION FOR THE DEPUTY SECRETARY
FOR TRANSPORTATION SECURITY.—
‘‘(1) IN GENERAL.—The Deputy Secretary for
Transportation Security is authorized to be paid at
an annual rate of pay payable to level II of the Ex-
ecutive Schedule.
‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad-
dition, the Deputy Secretary for Transportation Se-
curity may receive bonuses or other incentives, based
upon the Secretary’s evaluation of the Deputy Sec-
retary’s performance in relation to the goals set
forth in the agreement. Total compensation cannot
exceed the Secretary’s salary.
‘‘(d) COMPENSATION FOR MANAGERS AND OTHER
EMPLOYEES.—
‘‘(1) IN GENERAL.—A senior manager reporting
directly to the Deputy Secretary for Transportation
Security may be paid at an annual rate of basic pay
of not more than the maximum rate of basic pay for
the Senior Executive Service under section 5382 of
title 5, United States Code.
‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad-
dition, senior managers can receive bonuses or other
incentives based on the Deputy Secretary for Trans-
portation Security’s evaluation of their performance
in relation to goals in agreements. Total compensa-
tion cannot exceed 125 percent of the maximum rate
of base pay for the Senior Executive Service. Fur-
ther, the Deputy Secretary for Transportation Secu-
rity shall establish, within the performance manage-
ment system, a program allowing for the payment of
bonuses or other incentives to other managers and
employees. Such a program shall provide for bonuses
or other incentives based on their performance.
‘‘(e) 
PERFORMANCE-BASED
SERVICE
CON-
TRACTING.—To the extent contracts, if any, are used to
implement the Aviation Security Act, the Deputy Sec-
retary for Transportation Security shall, to the extent
practical, maximize the use of performance-based service
contracts. These contracts should be consistent with
guidelines published by the Office of Federal Procurement
Policy.’’.
SEC. 128. USE OF FACILITIES.
(a) EMPLOYOMENT
REGISTER.—Notwithstanding
any other provision of law, the Secretary of Transpor-
tation shall establish and maintain an employment reg-
ister.
(b) TRAINING FACILITY.—The Secretary of Trans-
portation may, where feasible, use the existing Federal
Aviation Administration’s training facilities, to design, de-
velop, or conduct training of security screening personnel.
SEC. 129. REPORT ON NATIONAL AIR SPACE RESTRICTIONS
PUT IN PLACE AFTER TERRORIST ATTACKS
THAT REMAIN IN PLACE.
(a) REPORT.—Within 30 days of the enactment of
this Act, the President shall submit to the committees of
Congress specified in subsection (b) a report containing—
(1) a description of each restriction, if any, on
the use of national airspace put in place as a result
of the September 11, 2001, terrorist attacks that re-
mains in place as of the date of the enactment of
this Act; and
(2) a justification for such restriction remaining
in place.
(b) COMMITTEES OF CONGRESS.—The committees of
Congress specified in this subsection are the following:
(1) The Select Committee on Intelligence of the
Senate.
(2) The Permanent Select Committee on Intel-
ligence of the House of Representatives.
(3) The Committee on Commerce, Science, and
Transportation of the Senate.
(4) The Committee on Transportation and In-
frastructure of the House of Representatives.
SEC. 130. VOLUNTARY PROVISION OF EMERGENCY SERV-
ICES DURING COMMERCIAL FLIGHTS.
(a) PROGRAM FOR PROVISION OF VOLUNTARY SERV-
ICES.—
(1) PROGRAM.—The Secretary of Transpor-
tation shall carry out a program to permit qualified
law enforcement officers, firefighters, and emergency
medical technicians to provide emergency services on
commercial air flights during emergencies.
(2) REQUIREMENTS.—The Secretary shall es-
tablish such requirements for qualifications of pro-
viders of voluntary services under the program under
paragraph (1), including training requirements, as
the Secretary considers appropriate.
(3) CONFIDENTIALITY
OF
REGISTRY.—If as
part of the program under paragraph (1) the Sec-
retary requires or permits registration of law en-
forcement officers, firefighters, or emergency med-
ical technicians who are willing to provide emergency
services on commercial flights during emergencies,
the Secretary shall take appropriate actions to en-
sure that the registry is available only to appropriate
airline personnel and otherwise remains confidential.
(4) CONSULTATION.—The Secretary shall con-
sult with appropriate representatives of the commer-
cial airline industry, and organizations representing
community-based law enforcement, firefighters, and
emergency medical technicians, in carrying out the
program under paragraph (1), including the actions
taken under paragraph (3).
(b) PROTECTION FROM LIABILITY.—
(1) IN
GENERAL.—Subchapter II of chapter
449 of title 49, United States Code, is amended by
adding at the end the following new section:
‘‘§ 44944. Exemption of volunteers from liability
‘‘(a) IN GENERAL.—An individual shall not be liable
for damages in any action brought in a Federal or State
court that arises from an act or omission of the individual
in providing or attempting to provide assistance in the
case of an inflight emergency in an aircraft of an air car-
rier if the individual meets such qualifications as the Sec-
retary shall prescribe for purposes of this section.
‘‘(b) EXCEPTION.—The exemption under subsection
(a) shall not apply in any case in which an individual pro-
vides, or attempts to provide, assistance described in that
paragraph in a manner that constitutes gross negligence
or willful misconduct.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended
by adding at the end the following new item:
‘‘44944. Exemption of volunteers from liability.’’.
(c) CONSTRUCTION
REGARDING
POSSESSION
OF
FIREARMS.—Nothing in this section may be construed to
require any modification of regulations of the Department
of Transportation governing the possession of firearms
while in aircraft or air transportation facilities or to au-
thorize the possession of a firearm in an aircraft or any
such facility not authorized under those regulations.
SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.
(a) SECURITY FOR LARGER AIRCRAFT.—
(1) PROGRAM REQUIRED.—Not later than 90
days after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administra-
tion shall commence implementation of a program to
provide security screening for all aircraft operations
conducted with respect to any aircraft having a max-
imum certified takeoff weight of more than 12,500
pounds that is not operating as of the date of the
implementation of the program under security proce-
dures prescribed by the Administrator.
(2) WAIVER.—
(A) AUTHORITY TO WAIVE.—The Adminis-
trator may waive the applicability of the pro-
gram under this section with respect to any air-
craft or class of aircraft otherwise described by
this section if the Administrator determines
that aircraft described in this section can be op-
erated safely without the applicability of the
program to such aircraft or class of aircraft, as
the case may be.
(B) LIMITATIONS.—A waiver under sub-
paragraph (A) may not go into effect—
(i) unless approved by the Secretary
of Transportation; and
(ii) until 10 days after the date on
which notice of the waiver has been sub-
mitted to the appropriate committees of
Congress.
(3) PROGRAM ELEMENTS.—The program under
paragraph (1) shall require the following:
(A) The search of any aircraft covered by
the program before takeoff.
(B) The screening of all crew members,
passengers, and other persons boarding any air-
craft covered by the program, and their prop-
erty to be brought on board such aircraft, be-
fore boarding.
(4) PROCEDURES FOR SEARCHES AND SCREEN-
ING.—The Administrator shall develop procedures
for searches and screenings under the program
under paragraph (1). Such procedures may not be
implemented until approved by the Secretary.
(b) SECURITY FOR SMALLER AIRCRAFT.—
(1) PROGRAM REQUIRED.—Not later than one
year after the date of the enactment of this Act, the
Administrator shall commence implementation of a
program to provide security for all aircraft oper-
ations conducted with respect to any aircraft having
a maximum certified takeoff weight of 12,500
pounds or less that is not operating as of the date
of the implementation of the program under security
procedures prescribed by the Administrator. The
program shall address security with respect to crew
members, passengers, baggage handlers, mainte-
nance workers, and other individuals with access to
aircraft covered by the program, and to baggage.
(2) REPORT ON PROGRAM.—Not later than 180
days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate committees
of Congress a report containing a proposal for the
program to be implemented under paragraph (1).
(c) BACKGROUND CHECKS FOR ALIENS ENGAGED IN
CERTAIN TRANSACTIONS REGARDING AIRCRAFT.—
(1) 
REQUIREMENT.—Notwithstanding 
any
other provision of law and subject to paragraph (2),
no person or entity may sell, lease, or charter any
aircraft to an alien, or any other individual specified
by the Secretary for purposes of this subsection,
within the United States unless the Attorney Gen-
eral issues a certification of the completion of a
background investigation of the alien, or other indi-
vidual, as the case may be, that meets the require-
ments of section 44939(b) of title 49, United States
Code, as added by section 111 of this title.
(2) EXPIRATION.—The prohibition in para-
graph (1) shall expire as follows:
(A) In the case of an aircraft having a
maximum certified takeoff weight of more than
12,500 pounds, upon implementation of the
program required by subsection (a).
(B) In the case of an aircraft having a
maximum certified takeoff weight of 12,500
pounds or less, upon implementation of the pro-
gram required by subsection (b).
(3) ALIEN DEFINED.—In this subsection, the
term ‘‘alien’’ has the meaning given that term in
section 44939(f) of title 49, United States Code, as
so added.
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means—
(1) the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Commerce of the House
of Representatives.
SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION
TECHNOLOGIES.
(a) IN GENERAL.—Not later than September 30,
2002, the Assistant Administrator for Civil Aviation Secu-
rity shall review and make a determination on the feasi-
bility of implementing technologies described in subsection
(b).
(b) TECHNOLOGIES DESCRIBED.—The technologies
described in this subsection are technologies that are—
(1) designed to protect passengers, aviation em-
ployees, air cargo, airport facilities, and airplanes;
and
(2) material specific and able to automatically
and non-intrusively detect, without human interpre-
tation and without regard to shape or method of
concealment, explosives, illegal narcotics, hazardous
chemical agents, and nuclear devices.
SEC. 133. REPORT ON NEW RESPONSIBILITIES OF THE DE-
PARTMENT OF JUSTICE FOR AVIATION SECU-
RITY.
Not later than 120 days after the date of enactment
of this Act, the Attorney General shall report to the House
Committee on the Judiciary, the Senate Committee on the
Judiciary, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Commerce,
Science, and Transportation on the new responsibilities of
the Department of Justice for aviation security under this
title.
SEC. 134. DEFINITIONS.
Except as otherwise explicitly provided, any term
used in this title that is defined in section 40102 of title
49, United States Code, has the meaning given that term
in that section.
TITLE 
II—DEPLOYMENT 
AND
USE 
OF 
SECURITY 
TECH-
NOLOGIES
Subtitle A—Expanded Deployment
and Utilization of Current Secu-
rity Technologies and Proce-
dures
SEC. 201. EXPANDED DEPLOYMENT AND UTILIZATION OF
CURRENT SECURITY TECHNOLOGIES AND
PROCEDURES.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall require that employment in-
vestigations, including criminal history record checks, for
all individuals described in section 44936(a)(1) of title 49,
United States Code, who are existing employees, at air-
ports regularly serving an air carrier holding a certificate
issued by the Secretary of Transportation, should be com-
pleted within 9 months unless such individuals have had
such investigations and checks within 5 years of the date
of enactment of this Act. The Administrator shall devise
an alternative method for background checks for a person
applying for any airport security position who has lived
in the United States less than 5 years and shall have such
alternative background check in place as soon as possible.
The Administrator shall work with the International Civil
Aviation Organization and with appropriate authorities of
foreign governments in devising such alternative method.
(b) EXPLOSIVE DETECTION.—
(1) IN
GENERAL.—The Administrator of the
Federal Aviation Administration shall deploy and
oversee the usage of existing bulk explosives detec-
tion technology already at airports for checked bag-
gage. Not later than 60 days after the date of enact-
ment of this Act, the Administrator shall establish
confidential goals for—
(A) deploying by a specific date all existing
bulk explosives detection scanners purchased
but not yet deployed by the Federal Aviation
Administration;
(B) a specific percentage of checked bag-
gage to be scanned by bulk explosives detection
machines within 6 months, and annual goals
thereafter with an eventual goal of scanning
100 percent of checked baggage; and
(C) the number of new bulk explosives de-
tection machines that will be purchased by the
Federal Aviation Administration for deployment
at the Federal Aviation Administration-identi-
fied midsized airports within 6 months.
(2) USE OF FUNDS.—For purposes of carrying
out this subtitle, airport operators may use funds
available under the Airport Improvement Program
described in chapter 471 of title 49, United States
Code, to reconfigure airport baggage handling areas
to accommodate the equipment described in para-
graph (1), if necessary. Not later than 12 months
after the date of enactment of this Act, and annually
thereafter, the Administrator shall report, on a con-
fidential basis, to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of
the House of Representatives, the Government Ac-
counting Office, and the Inspector General of the
Department of Transportation, regarding the goals
and progress the Administration is making in
achieving those goals described in paragraph (1).
(3) 
AIRPORT
DEVELOPMENT.—Section
47102(3)(B) of title 49, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of clause
(viii);
(B) by striking the period at the end of
clause (ix) and inserting ‘‘; and’’; and
(C) by inserting after clause (ix) the fol-
lowing new clause:
‘‘(x) replacement of baggage conveyor
systems, and reconfiguration of terminal
luggage areas, that the Secretary deter-
mines are necessary to install bulk explo-
sive detection devices.’’.
(c) BAG MATCHING SYSTEM.—The Administrator of
the Federal Aviation Administration shall require air car-
riers to improve the passenger bag matching system. Not
later than 60 days after the date of enactment of this Act,
the Administrator shall establish goals for upgrading the
Passenger Bag Matching System, including interim meas-
ures to match a higher percentage of bags until Explosives
Detection Systems are used to scan 100 percent of
checked baggage. The Administrator shall report, on a
confidential basis, to the Committee on Commerce,
Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House
of Representatives, the Government Accounting Office,
and the Inspector General of the Department of Transpor-
tation, regarding the goals and the progress made in
achieving those goals within 12 months after the date of
enactment of this Act.
(d) 
COMPUTER-ASSISTED
PASSENGER
PRESCREENING.—
(1) IN
GENERAL.—The Administrator of the
Federal Aviation Administration shall require air
carriers to expand the application of the current
Computer-Assisted Passenger Prescreening System
(CAPPS) to all passengers, regardless of baggage.
Passengers selected under this system shall be sub-
ject to additional security measures, including
checks of carry-on baggage and person, before
boarding.
(2) REPORT.—The Administrator shall report
back to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee
on Transportation and Infrastructure of the House
of Representatives within 3 months of the date of
enactment of this Act on the implementation of the
expanded CAPPS system.
Subtitle B—Short-Term Assessment
and Deployment of Emerging
Security Technologies and Pro-
cedures
SEC. 211. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF
EMERGING SECURITY TECHNOLOGIES AND
PROCEDURES.
Section 44903 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(i) SHORT-TERM ASSESSMENT AND DEPLOYMENT
OF EMERGING SECURITY TECHNOLOGIES AND PROCE-
DURES.—
‘‘(1) IN GENERAL.—The Deputy Secretary for
Transportation Security shall recommend to airport
operators, within 6 months after the date of enact-
ment of this Act, commercially available measures or
procedures to prevent access to secure airport areas
by unauthorized persons. As part of the 6-month as-
sessment, the Deputy Secretary for Transportation
Security shall—
‘‘(A) review the effectiveness of biometrics
systems currently in use at several United
States airports, including San Francisco Inter-
national;
‘‘(B) review the effectiveness of increased
surveillance at access points;
‘‘(C) review the effectiveness of card- or
keypad-based access systems;
‘‘(D) review the effectiveness of airport
emergency exit systems and determine whether
those that lead to secure areas of the airport
should be monitored or how breaches can be
swiftly responded to; and
‘‘(E) specifically target the elimination of
the ‘‘piggy-backing’’ phenomenon, where an-
other person follows an authorized person
through the access point.
The 6-month assessment shall include a 12-month
deployment strategy for currently available tech-
nology at all category X airports, as defined in the
Federal Aviation Administration approved air carrier
security programs required under part 108 of title
14, Code of Federal Regulations. Not later than 18
months after the date of enactment of this Act, the
Secretary of Transportation shall conduct a review
of reductions in unauthorized access at these air-
ports.
‘‘(2) 90-DAY REVIEW.—
‘‘(A) IN GENERAL.—The Deputy Secretary
for Transportation Security, as part of the
Aviation Security Coordination Council, shall
conduct a 90-day review of—
‘‘(i) currently available or short-term
deployable upgrades to the Computer-As-
sisted 
Passenger 
Prescreening 
System
(CAPPS); and
‘‘(ii) deployable upgrades to the co-
ordinated distribution of information re-
garding persons listed on the ‘‘watch list’’
for any Federal law enforcement agencies
who could present an aviation security
threat.
‘‘(B) DEPLOYMENT
OF
UPGRADES.—The
Deputy Secretary for Transportation Security
shall commence deployment of recommended
short-term upgrades to CAPPS and to the co-
ordinated distribution of ‘‘watch list’’ informa-
tion within 6 months after the date of enact-
ment of this Act. Within 18 months after the
date of enactment of this Act, the Deputy Sec-
retary for Transportation Security shall report
to the Committee on Commerce, Science, and
Transportation of the Senate and to the Com-
mittee on Transportation and Infrastructure of
the House of Representatives, the Government
Accounting Office, and the Inspector General of
the Department of Transportation, on progress
being made in deploying recommended up-
grades.
‘‘(3) STUDY.—The Deputy Secretary for Trans-
portation Security shall conduct a study of options
for improving positive identification of passengers at
check-in counters and boarding areas, including the
use of biometrics and ‘‘smart’’ cards. Within 6
months after the date of enactment of this Act, the
Deputy Secretary shall report to the Committee on
Commerce, Science, and Transportation of the Sen-
ate and to the Committee on Transportation and In-
frastructure of the House of Representatives on the
feasibility and costs of implementing each identifica-
tion method and a schedule for requiring air carriers
to deploy identification methods determined to be ef-
fective.’’.
Subtitle C—Research and Develop-
ment of Aviation Security Tech-
nology
SEC. 221. RESEARCH AND DEVELOPMENT OF AVIATION SE-
CURITY TECHNOLOGY.
(a) FUNDING.—To augment the programs authorized
in section 44912(a)(1) of title 49, United States Code,
there is authorized to be appropriated an additional
$50,000,000 for each of fiscal years 2002 through 2006
and such sums as are necessary for each fiscal year there-
after to the Federal Aviation Administration, for research,
development, testing, and evaluation of the following tech-
nologies which may enhance aviation security in the fu-
ture. Grants to industry, academia, and Government enti-
ties to carry out the provisions of this section shall be
available for fiscal years 2002 and 2003 for—
(1) the acceleration of research, development,
testing, and evaluation of explosives detection tech-
nology for checked baggage, specifically, technology
that is—
(A) more cost-effective for deployment for
explosives detection in checked baggage at
small- to medium-sized airports, and is cur-
rently under development as part of the Argus
research program at the Federal Aviation Ad-
ministration;
(B) faster, to facilitate screening of all
checked baggage at larger airports; or
(C) more accurate, to reduce the number
of false positives requiring additional security
measures;
(2) acceleration of research, development, test-
ing, and evaluation of new screening technology for
carry-on items to provide more effective means of
detecting and identifying weapons, explosives, and
components of weapons of mass destruction, includ-
ing advanced x-ray technology;
(3) acceleration of research, development, test-
ing, and evaluation of threat screening technology
for other categories of items being loaded onto air-
craft, including cargo, catering, and duty-free items;
(4) acceleration of research, development, test-
ing, and evaluation of threats carried on persons
boarding aircraft or entering secure areas, including
detection of weapons, explosives, and components of
weapons of mass destruction;
(5) acceleration of research, development, test-
ing and evaluation of integrated systems of airport
security enhancement, including quantitative meth-
ods of assessing security factors at airports selected
for testing such systems;
(6) expansion of the existing program of re-
search, development, testing, and evaluation of im-
proved methods of education, training, and testing
of key airport security personnel; and
(7) acceleration of research, development, test-
ing, and evaluation of aircraft hardening materials,
and techniques to reduce the vulnerability of aircraft
to terrorist attack.
(b) GRANTS.—Grants awarded under this subtitle
shall identify potential outcomes of the research, and pro-
pose a method for quantitatively assessing effective in-
creases in security upon completion of the research pro-
gram. At the conclusion of each grant, the grant recipient
shall submit a final report to the Federal Aviation Admin-
istration that shall include sufficient information to permit
the Administrator to prepare a cost-benefit analysis of po-
tential improvements to airport security based upon de-
ployment of the proposed technology. The Administrator
shall begin awarding grants under this subtitle within 90
days of the date of enactment of this Act.
(c) BUDGET SUBMISSION.—A budget submission and
detailed strategy for deploying the identified security up-
grades recommended upon completion of the grants
awarded under subsection (b), shall be submitted to Con-
gress as part of the Department of Transportation’s an-
nual budget submission.
(d) DEFENSE RESEARCH.—There is authorized to be
appropriated $20,000,000 to the Federal Aviation Admin-
istration to issue research grants in conjunction with the
Defense Advanced Research Projects Agency. Grants may
be awarded under this section for—
(1) research and development of longer-term
improvements to airport security, including advanced
weapons detection;
(2) secure networking and sharing of threat in-
formation between Federal agencies, law enforce-
ment entities, and other appropriate parties;
(3) advances in biometrics for identification and
threat assessment; or
(4) other technologies for preventing acts of ter-
rorism in aviation.
Æ