183
(g) TECHNICAL AMENDMENT.—Section 132(a) of the 
Aviation and Transportation Security Act (49 U.S.C. 
44903; 115 Stat. 635–636) is amended by striking 
‘‘12,500 pounds or more’’ and inserting ‘‘more than 
12,500 pounds’’. 
SEC. 102. AMENDMENTS TO CHAPTER 1. 
Section 106(g) is amended—
(1) by striking ‘‘(1) Except as provided in para-
graph (2) of this subsection, the Administrator’’ and 
inserting ‘‘The Administrator’’; 
(2) by striking paragraph (2); 
(3) by redesignating subparagraphs (A) and 
(B) as paragraphs (1) and (2), respectively; and 
(4) in paragraph (1) (as so redesignated)—
(A) by striking ‘‘chapter 449 (except sec-
tions 44903(d), 44904, 44905, 44907–44911, 
44913, 44915, and 44931–44934),’’; and 
(B) by striking ‘‘and 46313–46316,’’ and 
inserting ‘‘46313, 46315, and 46316,’’. 
SEC. 103. AMENDMENT TO CHAPTER 3. 
The second sentence of section 326(a) is amended by 
striking ‘‘aviation duties and powers’’ and inserting ‘‘the 
duties and powers of the Department’’.
184
SEC. 104. AMENDMENT TO CHAPTER 337. 
Section 337, and the item relating to such section in 
the analysis for chapter 3, are repealed. 
SEC. 105. AMENDMENTS TO CHAPTER 401. 
(a) LIMITATION ON RESTRICTIONS ON USE OF AIR-
SPACE
FOR
SECURITY
REASONS.—Section 40103 is 
amended by adding at the end the following: 
‘‘(f) LIMITATION ON RESTRICTIONS ON USE OF AIR-
SPACE
FOR SECURITY REASONS.—The Administrator 
shall not impose any restriction on the use of airspace for 
security reasons unless the restriction is approved by the 
Under Secretary for Border and Transportation Secu-
rity.’’. 
(b) EMERGENCY POWERS.—Section 40106 is amend-
ed by adding at the end the following: 
‘‘(c) 
SUSPENSIONS.—Notwithstanding 
section 
40105(b) and subsection (b) of this section, the Secretary 
of Transportation, with the approval of the Secretary of 
State and without notice or a hearing, shall suspend the 
right of an air carrier or foreign air carrier to provide for-
eign air transportation, and the right of a person to oper-
ate aircraft in foreign air commerce, to or from a foreign 
airport when the Secretary of Transportation decides 
that—
185
‘‘(1) a condition exists that threatens the safety 
of passengers, aircraft, or crew traveling to or from 
that airport; and 
‘‘(2) the public interest requires an immediate 
suspension of transportation between the United 
States and that airport.’’. 
(c) AUTHORITY TO EXEMPT.—
(1) SAFETY REGULATION.—Section 40109(b) is 
amended to read as follows: 
‘‘(b) SAFETY REGULATION.—The Administrator of 
the Federal Aviation Administration may grant an exemp-
tion from a regulation prescribed by the Administrator in 
carrying out sections 40103(b)(1), 40103(b)(2), and 
40119 if the Administrator decides the exemption is in 
the public interest.’’. 
(2) ECONOMIC REGULATION.—Section 40109(c) 
is amended by striking ‘‘sections 44909 and 
46301(b)’’ and inserting ‘‘section 46301(b)’’. 
(d) FAA ACQUISITION MANAGEMENT SYSTEM.—Sec-
tion 40110(d) is amended by inserting after paragraph (4) 
the following: 
‘‘(5) APPEALS.—Any appeal of a decision made 
under the acquisition system developed under this 
subsection shall be conducted in accordance with 
section 46110.’’.
186
(e) ADMINISTRATIVE.—Section 40113 is amended—
(1) in subsection (a)—
(A) by striking ‘‘the Under Secretary of 
Transportation for Security with respect to se-
curity duties and powers designated to be car-
ried out by the Under Secretary or’’; and 
(B) by striking ‘‘, Under Secretary,’’; and 
(2) in subsection (d)—
(A) by striking ‘‘Under Secretary of 
Transportation for Security or the’’; 
(B) by striking ‘‘Transportation Security 
Administration’’; 
(C) by striking ‘‘, as the case may be,’’ 
each place it appears; and 
(D) by striking ‘‘Under Secretary or’’. 
(f) SECURITY AND RESEARCH AND DEVELOPMENT 
ACTIVITIES.—Section 40119(a) is amended by striking 
‘‘of Transportation for Security’’ and inserting ‘‘for Bor-
der and Transportation Security of the Department of 
Homeland Security’’. 
SEC. 106. AMENDMENTS TO CHAPTER 411. 
(a) IN GENERAL.—Chapter 411 is amended by add-
ing at the end the following: 
‘‘§ 41114. Passenger manifests 
‘‘(a) AIR CARRIER REQUIREMENTS.—
187
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require each air carrier to provide a pas-
senger manifest for a flight to an appropriate rep-
resentative of the Secretary of State—
‘‘(A) not later than one hour after that 
carrier is notified of an aviation disaster outside 
the United States involving that flight; or 
‘‘(B) if it is not technologically feasible or 
reasonable to comply with subparagraph (A), 
then as expeditiously as possible, but not later 
than 3 hours after the carrier is so notified. 
‘‘(2) CONTENTS OF PASSENGER MANIFEST.—
The passenger manifest should include the following 
information: 
‘‘(A) The full name of each passenger. 
‘‘(B) The passport number of each pas-
senger, if required for travel. 
‘‘(C) The name and telephone number of a 
contact for each passenger. 
‘‘(3) CONSIDERATION.—In carrying out this 
subsection, the Secretary of Transportation shall 
consider the necessity and feasibility of requiring air 
carriers to collect passenger manifest information as 
a condition for passengers boarding a flight of the 
carrier.
188
‘‘(b) FOREIGN AIR CARRIER REQUIREMENTS.—The 
Secretary of Transportation shall consider imposing a re-
quirement on foreign air carriers comparable to that im-
posed on air carriers under paragraphs (1) and (2) of sub-
section (a).’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 411 is amended by adding at the end the fol-
lowing:
‘‘§ 41114. Passenger manifests.’’.
SEC. 107. AMENDMENT TO CHAPTER 443. 
The heading to subsection (a) of section 44303 of 
title 49, United States Code, is amended by striking ‘‘GEN-
ERAL’’ and inserting ‘‘GENERAL’’. 
SEC. 108. AMENDMENTS TO CHAPTER 445. 
Section 44501(c)(2)(B)(i) and subsections (a)(1)(A), 
(a)(2), and (e)(1) of section 44508 are each amended by 
striking ‘‘, 44511–44513, and 44912’’ and inserting ‘‘, 
and 44511–44513’’. 
SEC. 109. AMENDMENTS TO CHAPTER 461. 
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 striking ‘‘the Under Secretary of 
Transportation for Security with respect to security 
duties and powers designated to be carried out by 
the Under Secretary or’’;
189
(2) by striking ‘‘, Under Secretary,’’ each place 
it appears; and 
(3) in each of sections 46102(d) and 46104(b) 
by striking ‘‘the Under Secretary,’’. 
SEC. 110. AMENDMENTS TO CHAPTER 463. 
Chapter 463 is amended—
(1) in section 46301(a)(1)(A) by striking 
‘‘chapter 449 (except sections 44902, 44903(d), 
44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 
44908,)’’; 
(2) in section 46301(a)(2)(A)—
(A) by inserting ‘‘or’’ after ‘‘or (c),’’; and 
(B) by striking ‘‘, or chapter 449 (except 
sections 44902, 44903(d), 44904, and 44907–
44909)’’; 
(3) in section 46301(a)(4) by striking ‘‘41715’’ 
each place it appears and inserting ‘‘41719’’; 
(4) by striking section 46301(a)(8); 
(5) in section 46301(c)(1)(A)—
(A) by inserting ‘‘or’’ after ‘‘419,’’; and 
(B) by striking ‘‘, or section 44909’’ and 
inserting ‘‘, or section 41114’’; 
(6) in section 46301(d)—
(A) by striking the second sentence of 
paragraph (2);
190
(B) by striking ‘‘Under Secretary or’’ each 
place it appears in paragraphs (2), (3), and (4); 
and 
(C) by striking ‘‘Under Secretary, Admin-
istrator,’’ in paragraph (8) and inserting ‘‘Ad-
ministrator’’; 
(7) in section 46301(f)(1)(A)(i) by striking ‘‘, 
chapter 449 (except sections 44902, 44903(d), 
44904, 
44907(a)–(d)(1)(A) 
and 
(d)(1)(C)–(f), 
44908, and 44909)’’; 
(8) in each of sections 46301(h)(2), 46313, and 
46316(a) by striking ‘‘the Under Secretary of 
Transportation for Security with respect to security 
duties and powers designated to be carried out by 
the Under Secretary or’’ and inserting ‘‘or the 
Under Secretary for Border and Transportation Se-
curity of the Department of Homeland Security’’; 
(9) in section 46303(c)(2) by striking ‘‘or the 
Under Secretary of Transportation for Security’’ 
and inserting ‘‘or the Under Secretary for Border 
and Transportation Security of the Department of 
Homeland Security’’; 
(10) in section 46311(a)—
(A) by striking ‘‘the Under Secretary of 
Transportation for Security with respect to se-
191
curity duties and powers designated to be car-
ried out by the Under Secretary,’’; 
(B) by striking ‘‘, Under Secretary,’’ the 
first place it appears; and 
(C) by striking ‘‘, Under Secretary,’’ the 
second and third places it appears and inserting 
a comma; 
(11) in each of subsections (b)(1) and (c) of 
section 46311 by striking ‘‘, Under Secretary,’’ each 
place it appears; 
(12) in section 46311(b)(2) by striking ‘‘Under 
Secretary,’’; 
(13) by striking section 46314 and the item re-
lating to such section in the analysis for such chap-
ter; and 
(14) in section 46316(b)—
(A) by inserting ‘‘and’’ after ‘‘445,’’; and 
(B) by striking ‘‘, and chapter 449 (except 
sections 44902, 44903(d), 44904, and 44907–
44909)’’.
SEC. 111. AMENDMENTS TO CHAPTER 465. 
(a) CHAPTER ANALYSIS.—The analysis for chapter 
465 is amended—
(1) by striking ‘‘46503. Repealed.’’; and
192
(2) in the item relating to section 46503 by 
striking ‘‘screening’’. 
(b) INTERFERENCE WITH SECURITY PERSONNEL.—
Section 46503 is amended—
(1) 
in 
the 
section 
heading 
by 
striking 
‘‘screening’’; and 
(2) in the first sentence by striking ‘‘or air car-
rier employee’’ and inserting ‘‘air carrier, or contract 
employee’’. 
(c) CARRYING A WEAPON OR EXPLOSIVE ON AN AIR-
CRAFT.—Section 46505(d)(2) is amended by striking ‘‘of 
Transportation for’’ and inserting ‘‘for Border and Trans-
portation’’. 
SEC. 112. AMENDMENTS TO CHAPTER 471. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2) is amended by aligning subparagraph (D) 
with subparagraph (B). 
(b) DISCRETIONARY FUND.—Section 47115(i) is 
amended by striking ‘‘non-federal’’ each place it appears 
and inserting ‘‘non-Federal’’. 
SEC. 113. AMENDMENT TO CHAPTER 481. 
Section 
48107 
is 
amended 
by 
striking 
‘‘44912(a)(4)(A)’’ and inserting ‘‘44912(a)(5)(A)’’.
193
SEC. 114. AMENDMENTS TO AVIATION AND TRANSPOR-
TATION SECURITY ACT. 
(a) PERIMETER SECURITY FOR SMALL AND MEDIUM 
AIRPORTS.—Section 106(b) of the Aviation and Transpor-
tation Security Act (49 U.S.C. 44903 note; 115 Stat. 609) 
is amended—
(1) in paragraph (1) by striking ‘‘of Transpor-
tation for Security’’ and inserting ‘‘Border and 
Transportation Security of the Department of 
Homeland Security’’; 
(2) in paragraph (2)(A) by striking ‘‘described 
in paragraph (1)’’; and 
(3) in paragraph (2)(B) by striking ‘‘Secretary’’ 
and inserting ‘‘Under Secretary’’. 
(b) TRUSTED
PASSENGER
PROGRAMS.—Section 
109(a)(3) of the Aviation and Transportation Security Act 
(49 U.S.C. 114 note; 115 Stat. 613) is amended by insert-
ing ‘‘(and their property)’’ after ‘‘passengers’’ each place 
it appears. 
(c) EXPEDITED PROCESSING OF SECURITY-RELATED 
PFC REQUESTS.—Section 119(c) of the Aviation and 
Transportation Security Act (115 Stat. 629) is amended 
by striking ‘‘47192(3)(J)’’ and inserting ‘‘47102(3)(J)’’. 
(d) GENERAL AVIATION AND AIR CHARTERS.—Sec-
tion 132(a) of the Aviation and Transportation Security 
Act (49 U.S.C. 44903 note; 115 Stat. 635) is amended
194
by striking ‘‘12,500 pounds or more’’ and inserting ‘‘more 
than 12,500 pounds’’. 
(e) LOCATION OF AMENDMENTS.—Effective Novem-
ber 19, 2001—
(1) section 123(a) of the Aviation and Trans-
portation Security Act (115 Stat. 630) is amended 
by inserting ‘‘of title 49, United States Code,’’ after 
‘‘Section 47106(f)’’; 
(2) section 124(b) of such Act (115 Stat. 631) 
is amended by inserting ‘‘of title 49, United States 
Code,’’ after ‘‘Section 44306(c)’’; and 
(3) section 144 of such Act (115 Stat. 643) is 
amended by inserting ‘‘of title 49, United States 
Code,’’ after ‘‘Section 44303’’. 
(f) REFERENCES
TO
UNDER
SECRETARY.—The 
Aviation and Transportation Security Act (115 Stat. 597 
et seq.) is further amended—
(1) in section 106(b)(1) by striking ‘‘Under 
Secretary of Transportation for Security’’ and in-
serting ‘‘Under Secretary for Border and Transpor-
tation Security’’; 
(2) in section 106(b)(2)(B) by striking ‘‘Sec-
retary’’ and inserting ‘‘Under Secretary’’; 
(3) in section 106(e) by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting
195
‘‘Under Secretary for Border and Transportation 
Security’’; 
(4) in section 109(a) by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting 
‘‘Under Secretary for Border and Transportation 
Security’’; 
(5) in section 132(a) by striking ‘‘Under Sec-
retary of Transportation for Transportation Secu-
rity’’ and inserting ‘‘Under Secretary for Border and 
Transportation Security’’; 
(6) in section 135(1) by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting 
‘‘Under Secretary for Border and Transportation 
Security’’; 
(7) in section 137(b) by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting 
‘‘Under Secretary for Border and Transportation 
Security’’; and 
(8) in section 141(b)(2) by striking ‘‘Under 
Secretary of Transportation for Security’’ and in-
serting ‘‘Under Secretary for Border and Transpor-
tation Security’’.
196
SEC. 115. AMENDMENT TO TITLE 5, UNITED STATES CODE. 
Section 8331(3)(E)(ii) of title 5, United States Code, 
is amended by striking ‘‘Department of Transportation’’ 
and inserting ‘‘Department of Homeland Security’’.
TITLE II—MISCELLANEOUS 
PROVISIONS 
SEC. 201. EXEMPTION FOR CHARTER OPERATIONS TO PRO-
VIDE TRANSPORTATION FOR THE ARMED 
FORCES. 
(a) IN GENERAL.—The provisions of this Act and the 
Aviation and Transportation Security Act (P.L. 107–71), 
including the amendments made by such Acts, shall not 
apply to the operation of, or to the passengers and prop-
erty carried by, aircraft when employed to provide charter 
transportation for the Armed Forces, except for an oper-
ation to or from an airport described in section 1503(c) 
of title 49, United States Code. For an operation to or 
from an airport described in section 1503(c) of such title, 
the screening, and passenger manifest provisions of such 
Acts, including the amendments made by such Acts, shall 
not apply to passengers and property carried by such air-
craft. 
(b) SECURITY PROCEDURES.—The Secretary of De-
fense, in consultation with the Under Secretary for Border 
and Transportation Security of the Department of Home-
land Security, shall establish security procedures relating
197
to the operation of such aircraft to or from an airport de-
scribed in section 1503(c) of title 49, United States Code. 
SEC. 202. CHARTER FLIGHTS AT RONALD REAGAN WASH-
INGTON NATIONAL AIRPORT. 
Not later than 30 days after the date enactment of 
this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
shall issue regulations allowing nonscheduled air carriers 
to operate at Ronald Reagan Washington National Airport 
under a security program approved by the Under Sec-
retary . 
SEC. 203. PILOT PROGRAM FOR CARGO SECURITY. 
(a) IN GENERAL.—The Under Secretary for Border 
and Transportation Security of the Department of Home-
land Security shall conduct a pilot program to assess the 
capabilities of the private sector in performing audits, in-
vestigations, and inspections of the facilities of indirect 
cargo air carrier, and in screening and providing secure 
transportation of goods for such facilities without imped-
ing the flow of commerce. Such program shall be con-
ducted at not less than 10 facilities representing different 
sizes and types of indirect cargo air carrier facilities. 
(b) DURATION.—The Under Secretary shall initiate 
the program under subsection (a) not later than 3 months
198
following the date of enactment of this Act and shall con-
duct the program for a period of 12 months. 
(c) REPORT TO CONGRESS.—Following completion of 
the program, the Under Secretary shall report to the Com-
mittee on Commerce, Science and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives. 
(d) INDIRECT CARGO AIR CARRIER DEFINED.—In 
this section, the term ‘‘indirect cargo air carrier’’ means 
a person subject to regulation under part 296 or 297 of 
title 14 of the Code of Federal Regulations. 
SEC. 204. TRUSTED TRAVELER PROGRAM. 
Not later than 1 year after the date of enactment 
of this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
shall implement a trusted traveler, registered traveler, or 
similar program. In carrying out the program, the Under 
Secretary shall begin by establishing the credentials of air-
port and air carrier employees.
SEC. 205. THREATS TO UNITED STATES AIRPORTS. 
Not later than 180 days after the date of enactment 
of this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security, 
after consultation with the Federal Bureau of Investiga-
tion and other Federal law enforcement and intelligence
199
agencies, shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that identifies and analyzes 
security threats faced by United States airports, describes 
federally mandated security measures taken to date that 
address the defined threats, and makes recommendations 
for future measures to address other identified security 
risks. The Under Secretary may transmit the report in 
classified and unclassified parts. 
SEC. 206. BLAST-RESISTANT CARGO CONTAINER TECH-
NOLOGY. 
Not later than 6 months after the date of enactment 
of this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
and the Administrator of the Federal Aviation Adminis-
tration shall jointly transmit to Congress a report that—
(1) evaluates blast-resistant cargo container 
technology to protect against explosives in passenger 
luggage and cargo on passenger aircraft; 
(2) examines the advantages associated with 
this technology in preventing the damage and loss of 
aircraft from terrorist action, any operational im-
pacts which may result (particularly added weight 
and costs), whether alternatives exist to mitigate
200
such impacts, and options available to pay for this 
technology; and 
(3) provides recommendations on what further 
action, if any, should be taken with respect to the 
use of blast-resistant cargo containers on passenger 
aircraft. 
SEC. 207. ALLOCATIONS OF PASSENGER AND BAGGAGE 
SCREENING PERSONNEL AND EQUIPMENT. 
Not later than 30 days after the date of enactment 
of this Act, the Administrator of the Transportation Secu-
rity Administration shall transmit to Congress a report 
describing the methodology and planning of the Adminis-
trator for future allocations of passenger and baggage 
screening personnel and equipment at airports in the 
United States. The Administrator may transmit the report 
in classified form. 
SEC. 208. REIMBURSEMENT OF AIR CARRIERS FOR CER-
TAIN SCREENING AND RELATED ACTIVITIES. 
The Under Secretary for Border and Transportation 
Security of the Department of Homeland Security, within 
available resources, shall reimburse air carriers and air-
ports for the following: 
(1) All screening and related activities that the 
air carriers or airports are still performing or con-
tinuing to be responsible for, including—
201
(A) the screening of catering supplies; 
(B) checking documents at security check-
points; 
(C) screening of passengers; and 
(D) screening of persons with access to 
aircraft. 
(2) The provision of space and facilities used to 
perform screening functions if such space and facili-
ties have been previously used, or were intended to 
be used, for revenue-producing purposes.
Æ