I
107TH CONGRESS
1ST SESSION
H. R. 3110
To improve aviation security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 2001
Mr. OBERSTAR (for himself, Mr. GEPHARDT, Mr. LIPINSKI, Mr. DEFAZIO,
Mr. BORSKI, Mr. RAHALL, Mr. BOSWELL, Mr. HOLDEN, Mr. CLEMENT,
Mr. COSTELLO, Mr. NADLER, Ms. BROWN of Florida, Mr. BARCIA, Ms.
EDDIE BERNICE JOHNSON of Texas, Ms. NORTON, Mrs. TAUSCHER, Mr.
MATHESON, Mr. HONDA, Mr. MASCARA, Mr. BALDACCI, Mr. CUMMINGS,
Mr. PASCRELL, Mr. MCGOVERN, Mr. LAMPSON, Mr. BAIRD, Mr. CARSON
of Oklahoma, Mr. SANDLIN, Mr. BLUMENAUER, Ms. BERKLEY, Ms.
MILLENDER-MCDONALD, Mr. LARSEN of Washington, Mr. FILNER, Mr.
MENENDEZ, Mr. BERRY, Mr. HOLT, Mrs. CAPPS, and Mr. LANTOS) in-
troduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To improve aviation security, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO TITLE 49,
UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Transportation Security Enhancement Act of 2001’’.
(b) AMENDMENTS TO TITLE 49, UNITED STATES
CODE.—Except as otherwise specifically provided, when-
ever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision of law, the reference shall be considered to be
made to a section or other provision of title 49, United
States Code.
SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION.
(a) IN GENERAL.—Chapter 1 is amended by adding
at the end the following:
‘‘§ 114. Transportation Security Administration
‘‘(a) IN GENERAL.—The Transportation Security
Administration shall be an administration of the Depart-
ment of Transportation.
‘‘(b) UNDER SECRETARY.—
‘‘(1) APPOINTMENT.—The head of the Adminis-
tration shall be the Under Secretary of Transpor-
tation for Security. The Under Secretary shall be
appointed by the President, by and with the advice
and consent of the Senate.
‘‘(2) QUALIFICATIONS.—The Under Secretary
must—
‘‘(A) be a citizen of the United States; and
‘‘(B) have experience in a field directly re-
lated to transportation or security.
‘‘(3) TERM.—The term of office of an indi-
vidual appointed as the Under Secretary shall be 5
years.
‘‘(c) LIMITATION ON PECUNIARY INTERESTS.—The
Under Secretary may not have a pecuniary interest in, or
own stock in or bonds of, a transportation or security en-
terprise, or an enterprise that makes equipment that could
be used for security purposes.
‘‘(d) FUNCTIONS.—The Under Secretary shall be re-
sponsible for security in all modes of transportation,
including—
‘‘(1) carrying out chapter 449, and section
40119, relating to civil aviation security; and
‘‘(2) security responsibilities over nonaviation
modes of transportation that are exercised by Ad-
ministrations of the Department of Transportation
(other than the Federal Aviation Administration).
‘‘(e) ADDITIONAL DUTIES AND POWERS.—In addi-
tion to carrying out the functions specified in subsection
(d), the Under Secretary shall—
‘‘(1) receive, assess, and distribute intelligence
information related to transportation security;
‘‘(2) assess threats to transportation;
‘‘(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
‘‘(4) make other plans related to transportation
security, including coordinating countermeasures
with appropriate departments, agencies, and instru-
mentalities of the United States Government;
‘‘(5) serve as the primary liaison for transpor-
tation security to the intelligence and law enforce-
ment communities;
‘‘(6) on a day-to-day basis, manage and provide
operational guidance to the field security resources
of the Administration, including Federal Security
Managers as provided by section 44933;
‘‘(7) enforce security-related regulations and re-
quirements;
‘‘(8) identify and undertake research and devel-
opment activities necessary to enhance transpor-
tation security;
‘‘(9) inspect, maintain, and test security facili-
ties, equipment, and systems;
‘‘(10) ensure the adequacy of security measures
for the transportation of mail and cargo;
‘‘(11) oversee the implementation, and ensure
the adequacy, of security measures at airports;
‘‘(12) oversee the implementation, and ensure
the adequacy, of background checks for airport secu-
rity screening personnel, individuals with unescorted
access to secure areas of airports, and other trans-
portation security personnel;
‘‘(13) develop standards for the hiring, training,
and retention of airport security screening personnel;
and
‘‘(14) carry out such other duties, and exercise
such other powers, relating to transportation secu-
rity as the Under Secretary considers appropriate, to
the extent authorized by law.
‘‘(f) ACQUISITIONS.—
‘‘(1) IN
GENERAL.—The Under Secretary is
authorized—
‘‘(A) to acquire (by purchase, lease, con-
demnation, or otherwise) such real property, or
any interest therein, within and outside the con-
tinental United States, as the Under Secretary
considers necessary;
‘‘(B) to acquire (by purchase, lease, con-
demnation, or otherwise) and to construct, re-
pair, operate, and maintain such personal prop-
erty (including office space and patents), or any
interest therein, within and outside the conti-
nental United States, as the Under Secretary
considers necessary;
‘‘(C) to lease to others such real and per-
sonal property and to provide by contract or
otherwise for necessary facilities for the welfare
of employees of the Administration and to ac-
quire maintain and operate equipment for these
facilities;
‘‘(D) to acquire (by purchase, lease, con-
demnation, or otherwise) and to construct, re-
pair, operate, and maintain research and test-
ing sites and facilities; and
‘‘(E) in cooperation with the Administrator
of the Federal Aviation Administration and the
heads of other Administrations in the Depart-
ment of Transportation, to utilize the research
and development facilities of those Administra-
tions, including the facilities of the Federal
Aviation Administration located in Atlantic
City, New Jersey.
‘‘(2) TITLE.—Title to any property or interest
therein acquired pursuant to this subsection shall be
held by the Government of the United States.
‘‘(g) TRANSFERS OF FUNDS.—The Under Secretary
is authorized to accept transfers of unobligated balances
and unexpended balances of funds appropriated to other
Federal agencies (as such term is defined in section
551(1) of title 5) to carry out functions transferred, on
or after the date of enactment of this section, by law to
the Under Secretary.
‘‘(h) REGULATIONS.—
‘‘(1) IN GENERAL.—The Under Secretary is au-
thorized to issue, rescind, and revise such regula-
tions as are necessary to carry out the functions of
the Administration.
‘‘(2) FACTORS TO CONSIDER.—In determining
whether to issue, rescind, or a revise a regulation
under this section, the Under Secretary shall con-
sider, as one factor in the final determination,
whether the costs of the regulation are excessive in
relation to the enhancement of security the regula-
tion will provide. In making such determination, the
Under Secretary shall not undertake a cost benefit
analysis that places a monetary value on human life
or attempts to estimate the number of lives that will
be saved by the regulation.
‘‘(3) LIMITATION.—The Under Secretary shall
not decide against issuing a regulation under this
section because the regulation fails to satisfy a
quantitative cost-benefit test.
‘‘(4) EMERGENCY PROCEDURES.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law or executive order (in-
cluding an executive order requiring a cost-ben-
efit analysis) if the Under Secretary determines
that a regulation or security directive must be
issued immediately in order to protect transpor-
tation security, the Under Secretary shall issue
the regulation or security directive without pro-
viding notice or an opportunity for comment.
‘‘(B) REVIEW BY TRANSPORTATION SECU-
RITY
OVERSIGHT
BOARD.—Any regulation or
security directive issued under this paragraph
shall remain effective unless disapproved by the
Transportation Security Oversight Board estab-
lished under section 44951 or rescinded by the
Under Secretary.
‘‘(i) PERSONNEL AND SERVICES; COOPERATION BY
UNDER SECRETARY.—In carrying out the functions of the
Administration, the Under Secretary shall have the same
authority as is provided to the Administrator of the Fed-
eral Aviation Administration under subsections (l) and
(m) of section 106.
‘‘(j) ACQUISITION MANAGEMENT SYSTEM.—The ac-
quisition management system established by the Adminis-
trator of the Federal Aviation Administration under sec-
(A) in the first sentence by striking ‘‘Ad-
ministrator’’ and inserting ‘‘Under Secretary of
Transportation for Security’’; and
(B) in the second sentence by striking
‘‘Administration’’ and inserting ‘‘Transpor-
tation Security Administration’’;
(4) in each of sections 44933(a) and 44934(b)
by striking ‘‘Assistant Administrator for Civil Avia-
tion Security’’ and inserting ‘‘Under Secretary’’;
(5) in section 44934(b)(1) by striking ‘‘Assist-
ant Administrator’’ and inserting ‘‘Under Sec-
retary’’;
(6) by striking sections 44931 and 44932 and
the items relating to such sections in the analysis for
such chapter;
(7) by striking ‘‘Administrator’’ each place it
appears in such chapter (except in subsections (f)
and (h) of section 44936) and inserting ‘‘Under Sec-
retary’’;
(8) by striking ‘‘Administrator’s’’ each place it
appears in such chapter and inserting ‘‘Under Sec-
retary’s’’; and
(9) by striking ‘‘of the Federal Aviation Admin-
istration’’ each place it appears in such chapter (ex-
cept in section 44936(f)) and inserting ‘‘of Trans-
portation for Security’’.
SEC. 3. REVIEW AND RECOMMENDATION.
(a) COMMENCEMENT OF REVIEW.—Not later than 6
months after the date of enactment of this Act, the Presi-
dent shall commence a review of whether security would
be enhanced by transfer of the Transportation Security
Administration to another Department or Office in the
United States Government.
(b) REPORT.—Not later than 1 year after the date
of enactment, the President shall report to Congress on
the conclusions reached in the review and on recommenda-
tions for any legislation needed to carry out a rec-
ommended change.
SEC. 4. IMPROVED PASSENGER SCREENING PROCESS.
Section 44901 of title 49, United States Code, is
amended to read as follows:
‘‘§ 44901. Screening passengers and property
‘‘(a) IN GENERAL.—The Under Secretary of Trans-
portation for Security shall be responsible for the screen-
ing of all passengers and property that will be carried in
an aircraft in air transportation or intrastate air transpor-
tation and for issuing implementing regulations. The
screening must take place before boarding of such pas-
sengers and loading of property and be carried out by se-
curity screening personnel using equipment and processes
approved for that purpose by the Under Secretary.
‘‘(b) 
FEDERAL
SECURITY
SCREENING
PER-
SONNEL.—Except as provided in subsection (c), the Under
Secretary shall carry out the screening function under
subsection (a) using—
‘‘(1) employees of the Transportation Security
Administration who are citizens of the United
States; or
‘‘(2) employees of another department, agency,
or instrumentality of the United States Government
who are citizens of the United States, with the con-
sent of the head of the department, agency, or in-
strumentality.
‘‘(c) TRANSITION PERIOD.—
‘‘(1) IN GENERAL.—As soon as practicable, but
not later than the last day of the 1-year period be-
ginning on the date of enactment of the Transpor-
tation Security Enhancement Act of 2001, the
Under Secretary shall carry out the screening func-
tion under subsection (a) using solely Federal secu-
rity screening personnel described in subsection (b).
In such 1-year period, screening functions may be
performed by personnel other than Federal security
screening personnel (including personnel provided by
a contractor under an agreement with the Under
Secretary). During such 1-year period, the Under
Secretary shall begin to assign Federal security
screening personnel to airports as soon as prac-
ticable.
‘‘(2) RESPONSIBILITIES OF AIR CARRIERS.—In
the 1-year period referred to in paragraph (1), until
otherwise directed by the Under Secretary, an air
carrier, intrastate air carrier, or foreign air carrier
shall continue to carry out the screening of pas-
sengers and their property in accordance with the
requirements of this section (including regulations
issued to carry out this section), as in effect on the
day before the date of enactment of the Transpor-
tation Security Enhancement Act of 2001. During
the period in which carriers continue to be respon-
sible for such screening, the Under Secretary shall
use Federal security screening personnel to supple-
ment the screening personnel provided by the car-
riers and oversee the screening process as necessary
to ensure the safety and security of operations.
‘‘(3) ASSIGNMENT OF CONTRACTS.—Upon re-
quest of the Under Secretary, an air carrier, intra-
state air carrier, or foreign air carrier carrying out
a screening function described in subsection (a) may
enter into an agreement with the Under Secretary to
transfer any contract the carrier has entered into
with respect to carrying out such function. In enter-
ing into any such agreement, the Under Secretary
shall include such terms and conditions as are nec-
essary to ensure that the Under Secretary has the
authority to oversee performance of the contractor,
to supervise personnel carrying out screening at an
airport, and to require the replacement of unsatis-
factory personnel.’’.
SEC. 5. SPECIAL PERSONNEL SYSTEM FOR SCREENERS.
(a) DEVELOPMENT.—The Under Secretary of Trans-
portation for Security shall develop a personnel system for
screeners employed by the Transportation Security Ad-
ministration governing such matters as their compensa-
tion and benefits and the authority of the Administration
to suspend or terminate such employees.
(b) GUIDING PRINCIPLES.—In developing the per-
sonnel system, the Under Secretary—
(1) shall not be required to follow laws and reg-
ulations governing Federal civil service employees or
other Federal employees; and
(2) shall be guided by the following principles:
(A) the need to establish levels of com-
pensation which will attract employees with
competence and expertise comparable to other
Federal inspectors and law enforcement per-
sonnel;
(B) the need for the Administration to
have suspension and termination authority
which will ensure that security will not be com-
promised and that the screener work force will
be composed of employees with a high level of
competence and dedication to their responsibil-
ities; and
(C) the need for employees to be protected
against arbitrary or unsubstantiated decisions
which result in the permanent loss of their jobs;
except that the Under Secretary shall ensure
that the procedures developed to protect em-
ployees are consistent with the need to maintain
security at all times and, in establishing the
procedures, shall consider the procedures estab-
lished in private sector firms for employees with
important safety and security responsibilities.
SEC. 6. SECURITY PROGRAMS.
Section 44903(c) is amended—
(1) in the first sentence of paragraph (1) by in-
serting after ‘‘at each of those airports’’ the fol-
lowing: ‘‘, including at each location at those air-
ports where passengers are screened,’’;
(2) in paragraph (2)(C)(i) by striking ‘‘shall
issue an amendment to air carrier security programs
to require’’ and inserting ‘‘shall require’’; and
(3) by adding at the end the following:
‘‘(3) ANNUAL REVIEW AND APPROVAL.—On an
annual basis, the Administrator shall review, and ap-
prove or disapprove, the security program of an air-
port operator.’’.
SEC. 7. EMPLOYMENT STANDARDS AND TRAINING.
(a) EMPLOYMENT STANDARDS.—Section 44935(a) is
amended—
(1) in the first sentence by inserting ‘‘, per-
sonnel (including Federal employees) who screen
passengers and property,’’ after ‘‘air carrier per-
sonnel’’;
(2) by striking ‘‘and’’ at the end of paragraph
(4);
(3) by striking the period at the end of para-
graph (5) and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(6) citizenship requirements, including require-
ments consistent with section 44901(b), when appro-
priate; and
‘‘(7) minimum compensation levels, when ap-
propriate.’’.
(b) EMPLOYMENT STANDARDS FOR SCREENERS.—
Section 44935 is amended by adding at the end the fol-
lowing:
‘‘(g) TRAINING FOR ALL SCREENERS, SUPERVISORS,
AND INSTRUCTORS.—
‘‘(1) IN GENERAL.—The Under Secretary shall
require any individual who screens passengers and
property pursuant to section 44901, and the super-
visors and instructors of such individuals, to have
satisfactorily completed all initial, recurrent, and ap-
propriate specialized training necessary to ensure
compliance with the requirements of this section.
‘‘(2) ON-THE-JOB
PORTION
OF
SCREENER’S
TRAINING.—Notwithstanding paragraph (1), the
Under Secretary may permit an individual, during
the on-the-job portion of training, to perform secu-
rity functions if the individual is closely supervised
and does not make independent judgments as to
whether persons or property may enter secure areas
or aircraft or whether cargo or mail may be loaded
aboard aircraft without further inspection.
‘‘(3) EFFECT OF SCREENER’S FAILURE OF OP-
ERATION
TEST.—The Under Secretary may not
allow an individual to perform a screening function
after the individual has failed an operational test re-
lated to that function until the individual has suc-
cessfully completed remedial training.’’.
(c) 
MINIMUM
EMPLOYMENT
STANDARDS
FOR
SCREENING PERSONNEL.—Beginning on the 30th day fol-
lowing the date of enactment of this Act, subject to sub-
section (d), the following requirements, at a minimum,
shall apply to an individual (including a Federal employee)
who screens passengers or property, or both (in this sub-
section referred to as a ‘‘screener’’).
(1) EDUCATION.—A screener shall have a high
school diploma, a general equivalency diploma, or a
combination of education and experience that the
Under Secretary has determined to have equipped
the individual to perform the duties of the screening
position.
(2) BASIC
APTITUDES
AND
PHYSICAL
ABILI-
TIES.—A screener shall have basic aptitudes and
physical abilities (including color perception, visual
and aural acuity, physical coordination, and motor
skills) and shall have—
(A) the ability to identify the components
that may constitute an explosive or an incen-
diary device;
(B) the ability to identify objects that ap-
pear to match those items described in all cur-
rent regulations, security directives, and emer-
gency amendments;
(C) for screeners operating X-ray and ex-
plosives detection system equipment, the ability
to distinguish on the equipment monitors the
appropriate images;
(D) for screeners operating any screening
equipment, the ability to distinguish each color
displayed on every type of screening equipment
and explain what each color signifies;
(E) the ability to hear and respond to the
spoken voice and to audible alarms generated
by screening equipment in an active checkpoint
or other screening environment;
(F) for screeners performing manual
searches or other related operations, the ability
to efficiently and thoroughly manipulate and
handle such baggage, containers, cargo, and
other objects subject to security processing;
(G) for screeners performing manual
searches of cargo, the ability to use tools that
allow for opening and closing boxes, crates, or
other common cargo packaging;
(H) for screeners performing screening of
cargo, the ability to stop the transfer of suspect
cargo onto passenger air carriers; and
(I) for screeners performing pat-down or
hand-held metal detector searches of persons,
sufficient dexterity and capability to thoroughly
conduct those procedures over a person’s entire
body.
(3) COMMAND
OF
ENGLISH
LANGUAGE.—A
screener shall be able to read, speak, write, and un-
derstand the English language well enough to—
(A) carry out written and oral instructions
regarding the proper performance of screening
duties;
(B) read English language identification
media, credentials, airline tickets, documents,
air waybills, invoices, and labels on items nor-
mally encountered in the screening process;
(C) provide direction to and understand
and answer questions from English-speaking
persons undergoing screening or submitting
cargo for screening; and
(D) write incident reports and statements
and log entries into security records in the
English language.
(d) MORE STRINGENT EMPLOYMENT STANDARDS.—
The Under Secretary of Transportation for Security has
the authority to impose at any time more stringent re-
quirements to individuals referred to in subsection (c)
than those minimum requirements in subsection (c).
SEC. 8. 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 appropriate deployment of Fed-
eral air marshals on 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;
‘‘(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;
‘‘(5) establish procedures to ensure that Fed-
eral air marshals are made aware of any armed or
unarmed law enforcement personnel on a flight;
‘‘(6) establish a program to permit Federal,
State, and local law enforcement officers to be
trained to participate in the Federal air marshals
program of the Administration as volunteers when
such officers are otherwise traveling in an aircraft
operated by an air carrier; and
‘‘(7) in establishing the qualifications for posi-
tions as Federal air marshals, establish a maximum
age for initial employment which is high enough to
allow qualified retiring law enforcement officials to
fill such positions.
‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPORTATION.—
The Under Secretary shall work with appropriate aero-
nautic authorities of foreign governments under section
44907 to address security concerns on passenger flights
in foreign air transportation.
‘‘(c) INTERIM MEASURES.—Until the Under Sec-
retary completes implementation of subsection (a), the
Under Secretary may use, after consultation with the
heads of other Federal agencies and departments, per-
sonnel from those agencies and departments, on a reim-
bursable or 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.’’.
SEC. 9. 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.—The Under Secretary of Trans-
portation shall take the following actions to enhance avia-
tion security:
‘‘(1) After consultation with the Administrator
of the Federal Aviation Administration, develop and
implement methods to—
‘‘(A) restrict the opening of a cockpit door
during a flight;
‘‘(B) modify 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.
‘‘(2) Provide for the installation of technology
in an aircraft cabin to enable flight crews to dis-
creetly notify the pilots in the case of a security
breach occurring in the cabin.
‘‘(3) Enhance security for secured areas of air-
ports, including—
‘‘(A) requiring screening of all persons, ve-
hicles, and other equipment before entry into a
secured area;
‘‘(B) requiring catering companies and
other companies whose employees have access
to a secured area to develop security programs;
‘‘(C) requiring that all persons, including
persons who are accompanied by persons hold-
ing an identification card, seeking access to a
secured areas be issued identification cards, fol-
lowing background checks, criminal history
record checks, and checks of Federal security
databases;
‘‘(D) revalidating approvals of all persons
previously authorized to entered a secured area,
including full background and criminal history
record checks and checks of Federal security
databases;
‘‘(E) maximizing use of enhanced tech-
nology, such as biometrics, to positively verify
the identity of persons entering a secured area;
and
‘‘(F) improving procedures to ensure that
identification cards which are revoked cannot be
utilized.
‘‘(4) Develop alternative sources of explosive de-
tection equipment for screening baggage, mail, and
cargo and maximize the use of such equipment by
ensuring that equipment already installed at an air-
port is used to its full capacity and by developing
and implementing a program to purchase additional
equipment so that, not later than 3 years after the
date of enactment of this section, all baggage, mail,
and cargo will be inspected by such equipment.
‘‘(5) Establish a uniform system of identifica-
tion for all State and local law enforcement per-
sonnel to use in obtaining permission to carry weap-
ons in aircraft cabins and in obtaining access to a
secured area of an airport.
‘‘(6) Work with intelligence and law enforce-
ment agencies to develop procedures to ensure that
air carrier and airport systems have necessary law
enforcement and national security intelligence data,
to enhance the effectiveness of their security pro-
grams.
‘‘(7) Ensure that the Computer Assisted Pas-
senger Pre-Screening System of the Transportation
Security Administration includes necessary intel-
ligence information, is used to evaluate all pas-
sengers before they board an aircraft, and includes
procedures to ensure that selectees of such system
and their carry-on and checked baggage are ade-
quately screened.
‘‘(8) Restrict carry-on baggage to one piece of
carry-on baggage, plus one personal item, per pas-
senger (including children under the age of 2); ex-
cept exempt any child safety seat to be used during
a flight to restrain a child passenger under 40
pounds or 40 inches and any assistive device for a
disabled passenger.
‘‘(9) After consultation with the Administrator
of the Federal Aviation Administration, develop pro-
cedures and authorize equipment for flight crews
and cabin crews to use to defend an aircraft against
acts of violence or piracy.
‘‘(10) Develop realistic crew training programs
as follows:
‘‘(A) No later than 30 days after the date
of enactment of this paragraph and in consulta-
tion with the Federal Aviation Administration,
appropriate law enforcement, security, and ter-
rorism experts, and air carrier, pilot, and flight
attendant representatives, develop a realistic
crew training program to prepare crew mem-
bers for current threat conditions.
‘‘(B) Require air carriers to train all crew
members not later than 60 days after such date
of enactment.
‘‘(C) Required crew training shall include,
but not be limited to—
‘‘(i) determination of the seriousness
of any occurrence;
‘‘(ii) crew communication and coordi-
nation;
‘‘(iii) self-defense;
‘‘(iv) use of Transportation Security
Administration approved protection devices
assigned to crewmembers, including appro-
priate certifications for use of such devices;
and
‘‘(v) psychology of terrorism to cope
with hijacker behavior and passenger reac-
tion.
‘‘(D) Develop a plan for updating the
training program and retraining crew members
as each new security threat becomes known.
‘‘(11) Require training of gate, ticket, and
curbside agents to respond appropriately when the
system referred to in paragraph (7) identifies a pas-
senger as a threat to security.
‘‘(12) Establish a toll-free telephone number for
air carrier and airport employees and their cus-
tomers to use to report instances of inadequate secu-
rity.
‘‘(13) Require effective 911 emergency call ca-
pabilities for telephones serving passenger aircraft
and trains.
‘‘(14) In consultation with the Federal Aviation
Administration, require that all pilot licenses incor-
porate a photograph of the license holder and appro-
priate biometric imprints.
‘‘(15) Provide for background checks, criminal
history record checks, and checks against Federal
security data bases of individuals seeking instruction
in flying aircraft that weigh more than 12,500
pounds.
‘‘(16) Require training of employees of a flight
school to recognize suspicious circumstances and ac-
tivities for individuals enrolling in or attending flight
school and to notify the Administration.
‘‘(b) REPORT.—Not later than 6 months after the
date of enactment of this section, and annually thereafter,
the Under Secretary shall transmit to Congress a report
on the progress of the Under Secretary in evaluating and
taking actions under subsection (a), including any legisla-
tive recommendations that the Under Secretary may have
for enhancing transportation security.’’.
(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. 10. CRIMINAL HISTORY RECORD CHECK FOR SCREEN-
ERS AND OTHERS.
Section 44936(a) is amended—
(1) in paragraph (1)(E)(iv)(II) by striking the
period at the end and inserting ‘‘; except that at
such an airport, the airport operator, air carriers,
and screening companies may elect to implement the
requirements of this subparagraph in advance of the
effective date if the Under Secretary approves of
such early implementation and if the airport oper-
ator, air carriers, and screening companies amend
their security programs to conform those programs
to the requirements of this subparagraph.’’; and
(2) in paragraph (2) by striking ‘‘or airport op-
erator’’ and inserting ‘‘airport operator, or screening
company’’.
SEC. 11. 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 in air transportation and intrastate air
transportation to pay for the costs of the screening
of passengers and property pursuant to section
44901(d). Such costs include salaries and expenses,
training, and equipment acquisition, operation, and
maintenance.
‘‘(2) AIR CARRIER FEES.—
‘‘(A) AUTHORITY.—In addition to the fee
imposed pursuant to paragraph (1), the Under
Secretary may impose a fee on air carriers to
pay for the costs of providing security for air
carriers and their passengers and crews.
‘‘(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 security described
in paragraph (1), adjusted for inflation.
‘‘(b) SCHEDULE OF FEES.—In imposing fees under
subsection (a), the Under Secretary shall ensure that the
fees are directly 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.
‘‘(d) IMPOSITION OF FEE.—
‘‘(1) IN GENERAL.—Notwithstanding the proce-
dural requirements of section 553 of title 5, the
Under Secretary shall impose the fee under sub-
section (a)(1), and may impose a fee under sub-
section (a)(2), through the publication 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 RULEMAKING.—After impos-
ing a fee in accordance with paragraph (1), the
Under Secretary shall conduct a rulemaking pro-
ceeding on imposition and collection of the fee in ac-
cordance with the requirements of section 553 of
title 5 and shall issue a final rule to continue or
modify imposition or collection of the fee, or both.
‘‘(e) FEES PAYABLE TO UNDER SECRETARY.—All
fees imposed and amounts collected under this section are
payable to the Under Secretary of Transportation for Se-
curity.
‘‘(f) RECEIPTS CREDITED TO ACCOUNT.—Notwith-
standing section 3302 of title 31, any fee collected under
this section—
‘‘(1) shall be credited to a separate account es-
tablished in the Treasury;
‘‘(2) shall be available immediately for expendi-
ture but only to pay the costs of activities and serv-
ices 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.’’.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR OPER-
ATIONS.
(a) IN GENERAL.—Subchapter II of chapter 449 is
further amended by adding at the end the following:
‘‘§ 44940. Authorization of appropriations for oper-
ations
‘‘(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) AIRCRAFT SECURITY.—There is authorized to
be appropriated $500,000,000 to the Secretary of Trans-
portation to make grants to air carriers to (1) modify
cockpit doors to deny access from the cabin to the pilots
in the cockpit, (2) use video monitors or other devices to
alert the cockpit crew to activity in the passenger cabin,
and (3) ensure continuous operation of the aircraft trans-
ponder in the event the crew faces an emergency. Such
sums shall remain available until expended.
‘‘(c) AIRPORT SECURITY.—There is authorized to be
appropriated $500,000,000 for fiscal year 2002 to the
Secretary to reimburse airport operators for direct costs
that such operators incurred to comply with new, addi-
tional, or revised security requirements imposed on airport
operators by the Federal Aviation Administration on or
after September 11, 2001. Such sums shall remain avail-
able until expended.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 449 is amended by adding after the item relating
to section 44939 the following:
‘‘44940. Authorization of appropriations for operations.’’.
(c) SECURITY FACILITY FEES.—Section 40117 is
amended by adding at the end the following:
‘‘(l) INCREASED SECURITY.—
‘‘(1) IN GENERAL.—The Secretary may author-
ize an eligible agency to impose an additional secu-
rity facility fee of up to $1 on each paying passenger
of an air carrier or foreign air carrier boarding an
aircraft at an airport the agency controls, to reim-
burse the agency for direct costs the agency incurs
to comply with new, additional, or revised security
requirements imposed on airport operators by the
Federal Aviation Administration on and after Sep-
tember 11, 2001.
‘‘(2) PROCEDURES.—Notwithstanding any pro-
visions of this section, the Secretary shall develop
special procedures for approval of any application
under this subsection which will promptly authorize
a fee under this subsection if there is a reasonable
basis for concluding that an agency is likely to incur
increased costs for security requirements which jus-
tify the fee.’’.
SEC. 13. TRANSPORTATION SECURITY OVERSIGHT BOARD.
(a) IN GENERAL.—Chapter 449 is amended by add-
ing at the end the following:
‘‘SUBCHAPTER III—TRANSPORTATION
SECURITY OVERSIGHT BOARD
‘‘§ 44951. Transportation Security Oversight Board
‘‘(a) IN GENERAL.—There is established a board to
be known as a ‘Transportation Security Oversight Board’.
‘‘(b) MEMBERSHIP.—
‘‘(1) NUMBER AND APPOINTMENT.—The Board
shall be composed of 5 members as follows:
‘‘(A) The Secretary of Transportation (or
the Secretary’s designee).
‘‘(B) The Attorney General (or the Attor-
ney General’s designee).
‘‘(C) The Secretary of the Treasury (or the
Secretary’s designee).
‘‘(D) The Secretary of Defense (or the
Secretary’s designee).
‘‘(E) One member appointed by the Presi-
dent to represent the National Security Council
or the Office of Homeland Security.
‘‘(2) CHAIRPERSON.—The Chairperson of the
Board shall be the Secretary of Transportation.
‘‘(c) DUTIES.—The Board shall—
‘‘(1) review any regulation or security directive
issued by the Under Secretary of Transportation for
security under section 114(h)(4) within 30 days
after the date of issuance of such regulation or di-
rective;
‘‘(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; and
‘‘(F) 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 security informa-
tion 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, organi-
zations representing families of victims of transportation
disasters, and other entities affected 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 unauthor-
ized 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. 14. AUTHORITY OF THE INSPECTOR GENERAL.
(a) IN GENERAL.—As provided by the Inspector Gen-
eral Act (5 U.S.C. App.) and other applicable statutes,
the Inspector General of the Department of Transpor-
tation (in addition such other authority as the Inspector
General may have) shall have authority to conduct the fol-
lowing:
(1) Audits of the Transportation Security Ad-
ministration’s programs, operations, and activities.
(2) Criminal investigations of alleged violations
of Federal laws or Department of Transportation
regulations pertaining to aviation and other modes
of transportation security.
(3) Investigations into waste, fraud, abuse, and
any other allegations involving wrongdoing within
the Administration.
(b) REPORT.—Not later than 1 year after the date
of enactment of this Act, and periodically thereafter, the
Inspector General shall report to Congress on the imple-
mentation, efficiency, and effectiveness of the Administra-
tion’s programs, operations, and activities. The report
shall focus on the Administration’s main programs and
contain recommendations, as necessary, for further legis-
lation.
SEC. 15. TECHNICAL CORRECTION.
Section 106(a) of the Air Transportation Safety and
System Stabilization Act (P.L. 107–42) is amended by
striking ‘‘February 1, 2001’’ and inserting ‘‘February 1,
2002’’.
SEC. 16. 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. 17. 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 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’’; and
(6) 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’’.
Æ