I
107TH CONGRESS
1ST SESSION
H. R. 2951
To improve aviation security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 25, 2001
Mr. GANSKE (for himself, Mr. ANDREWS, Mr. LEACH, Mr. DINGELL, Mr.
GRAHAM, Mr. SHAYS, Mr. NORWOOD, Mr. SMITH of New Jersey, and Mr.
TOM DAVIS of Virginia) introduced 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.
This Act may be cited as the ‘‘Aviation Security Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The safety and security of the civil air
transportation system is critical to the United
States’ security and its national defense.
(2) A safe and secure United States civil air
transportation system is essential to the basic free-
(B) by striking the first sentence of sub-
section (d)(1) and inserting ‘‘Each Deputy Ad-
ministrator must be a citizen of the United
States. The Deputy Administrator for Adminis-
tration must have experience in a field directly
related to aviation. The Deputy Administrator
for Aviation Security must have experience in a
field directly related to law enforcement, na-
tional security, or intelligence.’’;
(C) by inserting ‘‘for Administration’’ after
‘‘Deputy Administrator’’ in the third sentence
of subsection (d)(1);
(D) by striking ‘‘The Deputy’’ in sub-
section (d)(2) and inserting ‘‘Such a Deputy’’;
(E) by striking ‘‘the Deputy’’ in subsection
(d)(3) and inserting ‘‘a Deputy’’; and
(F) by striking ‘‘the Deputy’’ in subsection
(e) and inserting ‘‘a Deputy’’.
(2) Section 44932 of title 49, United States
Code, is amended—
(A) by striking subsection (a) and insert-
ing the following:
‘‘(a) ORGANIZATION.—The Deputy Administrator for
Aviation Security reports directly to the Administrator of
the Federal Aviation Administration and is subject to the
authority of the Administrator.’’;
(B) by striking ‘‘Assistant’’ in subsection
(b) and inserting ‘‘Deputy’’;
(C) by striking ‘‘title;’’ in subsection (b)(1)
and inserting ‘‘title and individuals authorized
to carry firearms and make arrests under sec-
tion 44903(d);’’;
(D) by striking ‘‘Assistant’’ in subsection
(c) and inserting ‘‘Deputy’’; and
(E) by striking ‘‘x-ray’’ in subsection
(c)(4) and inserting ‘‘screening’’.
(3) Chapter 449 of title 49, United States
Code, is amended—
(A) by striking the section heading for sec-
tion 44932 and inserting the following:
‘‘§ 44932. Deputy Administrator for Civil Aviation
Security’’;
and
(B) by striking the item relating to that
section in the chapter analysis for that chapter
and inserting the following:
‘‘44932. Deputy Administrator for Civil Aviation Security.’’.
(c) TRANSITION.—Until the Deputy Administrator
for Aviation Security in the Federal Aviation Administra-
tion is appointed by the President, the functions of the
Deputy Administrator shall be carried out by the Assist-
ant Administrator for Aviation Security.
SEC. 4. AVIATION SECURITY COORDINATION COUNCIL.
(a) IN GENERAL.—Chapter 449 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER III—AVIATION SECURITY
COORDINATION COUNCIL
‘‘§ 44951. Aviation Security Coordination Council
‘‘(a) IN GENERAL.—There is established an Aviation
Security Coordination Council.
‘‘(b) FUNCTION.—The Council shall coordinate intel-
ligence, security, and criminal enforcement activities af-
fecting the safety and security of aviation at all United
States airports and air navigation facilities involved in
interstate air transportation or intrastate air transpor-
tation by public aircraft.
‘‘(c) MEMBERSHIP.—The members of the Council are
as follows:
‘‘(1) The Deputy Administrator for Aviation
Security in the Federal Aviation Agency.
‘‘(2) A senior representative of equivalent rank
with security-related responsibilities from—
‘‘(A) the Department of Justice, des-
ignated by the Attorney General;
‘‘(B) the Department of Defense, des-
ignated by the Secretary of Defense;
‘‘(C) the Central Intelligence Agency, des-
ignated by the Director of Central Intelligence;
and
‘‘(D) any other Federal agency the partici-
pation of which is determined by the Deputy
Administrator to be appropriate, designated by
the head of that agency.’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 449 of title 49, United States Code, is
amended by adding at the end the following:
‘‘SUBCHAPTER III—AVIATION SECURITY COORDINA-
TION COUNCIL
‘‘Sec. 44951. Aviation Security Coordination Council.’’.
SEC. 5. IMPROVED FLIGHT DECK INTEGRITY MEASURES.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Agency shall, as soon as possible after the date
of enactment of this Act, issue an order (without regard
to the provisions of chapter 5 of title 5, United States
Code)—
(1) prohibiting access to the flight deck of com-
mercial aircraft engaged in interstate or intrastate
transportation while the aircraft is so engaged by
any person other than a member of the flight deck
crew;
(2) requiring the strengthening of the flight
deck door and locks on any such aircraft operating
under part 121 of title 14, Code of Federal Regula-
tions, that has a door in a bulkhead between the
flight deck and the passenger area to prevent them
being forced open from inside the aircraft;
(3) requiring that such flight deck doors remain
locked while any such aircraft is in flight except
when necessary to permit the flight deck crew access
and egress; and
(4) prohibit the possession of a key to any such
flight deck door by any member of the flight crew
who is not assigned to the flight deck.
(b) COMMUTER AIRCRAFT.—The Administrator shall
investigate means of securing the flight deck of aircraft
operating under the authority of part 135 of title 14, Code
of Federal Regulations, that are engaged in interstate or
intrastate air transportation that do not have a fixed door
with a lock between the passenger compartment and the
flight deck and issue such an order as the Secretary deems
appropriate (without regard to the provisions of chapter
5 of title 5, United States Code) to ensure the inacces-
sibility, to the greatest extent feasible, of the flight deck
while the aircraft is so engaged.
SEC. 6. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) IN GENERAL.—Within 30 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, under the authority provided by
section 44903(d) of title 49, United States Code, shall—
(1) provide for random deployment of Federal
air marshals on domestic commercial air passenger
flights in the United States, and all international
flights on American carriers into or out of the
United States;
(2) provide for appropriate background and fit-
ness checks for candidates for appointment as Fed-
eral air marshals;
(3) provide for appropriate training, super-
vision, and equipment of Federal air marshals; and
(4) require commercial air carriers to provide
seating for a Federal air marshal on any selected air
passenger flight without regard to the availability of
seats on that flight.
(b) INTERNATIONAL FLIGHTS.—The Administrator
shall work with appropriate aeronautic authorities of for-
eign governments under section 44907 of title 49, United
States Code, to address security concerns on international
flights.
(c) INTERIM MEASURES.—Until the Administrator
can fully implement subsection (a), the Administrator
shall, after consultation with the heads of other Federal
agencies and departments, use personnel from those agen-
cies and departments, on a reimbursable or nonreimburs-
able basis, to provide air marshal service on domestic and
international flights.
(d) REPORT.—No later than 18 months after the
date of enactment of this Act, the Administrator shall sub-
mit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives setting forth—
(1) an assessment of the effectiveness of the
program;
(2) the Administrator’s recommendation as to
whether the program should be continued; and
(3) any recommendations the Administrator
may have for improving the effectiveness of the pro-
gram if it is to be continued.
SEC. 7. FEDERALIZATION OF AIRPORT SECURITY OPER-
ATIONS.
(a) IN GENERAL.—Section 44903(c) of title 49,
United States Code, is amended to read as follows:
‘‘(c) SECURITY PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish an air transportation security program at
each airport regularly serving an air carrier holding
a certificate issued by the Secretary of Transpor-
tation that provides a law enforcement presence and
capability at each of those airports that is adequate
to ensure the safety of passengers. In carrying out
that program, the Administrator may use—
‘‘(A) the services of qualified State, local,
and private law enforcement personnel;
‘‘(B) personnel employed by the Adminis-
trator; or
‘‘(C) personnel employed by another de-
partment, agency, or instrumentality of the
Government with the consent of the head of the
department, agency, or instrumentality.
‘‘(2) DEPLOYMENT OF ARMED PERSONNEL.—In
carrying out the program established under para-
graph (1), the Administrator shall order the deploy-
ment of personnel authorized to carry firearms as
follows:
‘‘(A) LARGEST
AIRPORTS.—At the 100
largest airports in the United States, in terms
of average annual passenger boardings, the Ad-
ministrator shall order the deployment of a suf-
ficient number of personnel at each airport se-
curity screening location as may be necessary to
ensure passenger safety.
‘‘(B) OTHER AIRPORTS.—At United States
airports not described in subparagraph (A), the
Administrator shall order the deployment of at
least 1 of such personnel at each such location.
‘‘(C) OTHER AREAS.—The Administrator,
in consultation with the airport operator and
law enforcement authorities, may order the de-
ployment of such personnel at any secure area
of the airport as necessary to counter the risk
of criminal violence, the risk of aircraft piracy
at the airport, or the risk to air carrier aircraft
operations at the airport.’’.
(b) SECURITY
OF AIRCRAFT
AND GROUND AC-
CESS.—Section 44903 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(h) SECURITY
OF AIRCRAFT
AND GROUND AC-
CESS.—The Administrator shall establish and enforce
rules to improve the physical security of air traffic control
facilities, parked aircraft, aircraft servicing equipment,
aircraft supplies (including fuel), automobile parking fa-
cilities at airports, and access and transition areas at air-
ports served by other means of ground or water transpor-
tation.’’.
SEC. 
8. 
ENHANCED 
ANTI-HIJACKING 
TRAINING 
FOR
FLIGHT CREWS.
The Administrator of the Federal Aviation Adminis-
tration shall develop and implement a mandatory program
of training for flight crews of aircraft providing interstate
or intrastate air transportation in dealing with attempts
to commit aircraft piracy (as defined in section
46502(a)(1)(A) of title 49, United States Code).
SEC. 9. 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 Administrator of the Fed-
eral Aviation Administration shall be responsible for the
screening of all passengers and property that will be car-
ried in a cabin of an aircraft in air transportation or intra-
state air transportation. The screening must take place
before boarding and be carried out by certified Federal
security screening personnel using equipment approved for
that purpose by the Administration.
‘‘(b) EXEMPTIONS.—The Administrator may exempt
any class of air transportation operations from this section
except scheduled passenger operations of an air carrier
providing air transportation under a certificate issued
under section 41102 of this title or a permit issued under
section 41302 of this title.
‘‘(c) CROSS-CHECKING DATA BASE INFORMATION.—
The Deputy Administrator, acting through the Aviation
Security Coordination Council, shall establish and imple-
ment a system for cross-checking data on individuals iden-
tified on all Federal agency security-related data bases.’’.
SEC. 10. TRAINING AND EMPLOYMENT OF SECURITY
SCREENING PERSONNEL.
(a) USE OF OTHER AGENCIES.—The Administrator
of the Federal Aviation Administration shall enter into a
memorandum of understanding with any other Federal
agency or department with law enforcement responsibil-
ities to provide cooperation and assistance in the training
of Federal airport security screening personnel.
(b) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall establish a program for the
hiring and training of airport security screening personnel.
(c) HIRING.—
(1) QUALIFICATIONS.—The Administrator shall
establish, within 30 days after the date of enactment
of this Act, qualification standards for individuals to
be hired by the United States as airport security
screening personnel. Those standards shall, at a
minimum, require an individual—
(A) to have a satisfactory or better score
on a Federal security screening personnel selec-
tion examination;
(B) to be a national of the United States
as defined in section 101(a)(22) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22));
(C) to meet the requirements set forth in
section 108.31(a) of title 14, Code of Federal
Regulations; and
(D) to have passed an examination for re-
cent consumption of a controlled substance.
(2) 
EXAMINATION; 
REVIEW
OF
EXISTING
RULES.—The Administrator shall develop a Federal
security screening personnel examination for use in
determining the qualification of individuals seeking
employment as airport security screening personnel.
The Administrator shall also review, and revise as
necessary, any rule or regulation governing the em-
ployment of individuals as airport security screening
personnel.
(d) TRAINING.—
(1) IN
GENERAL.—The Administrator shall,
within 60 days after the date of enactment of this
Act, develop a plan for the training of Federal air-
(1) ANNUAL
TESTING.—The Administrator
shall by rule require that individuals employed as
Federal airport security screening personnel be test-
ed for proficiency not less often than once annually.
(2) RANDOM AND SPOT TESTING.—The Admin-
istrator shall review and revise as necessary, or pre-
scribe, rules governing the random, spot, or other
testing of such personnel in addition to the annual
testing required by paragraph (1).
(f) AUTHORIZATION
OF EMPLOYMENT.—The Sec-
retary of Transportation is authorized to employ, appoint,
and fix the compensation of such a number of individuals
as may be necessary to carry out sections 44901 and
44903 of title 49, United States Code, in accordance with
the provisions of part III of title 5, United States Code,
without regard to any limitation on number of employees
imposed by any other law or Executive Order.
SEC. 11. BACKGROUND CHECKS ON HEAVY PLANE FLIGHT
TRAINING APPLICANTS.
Section 44936(a) of title 49, United States Code, is
amended by striking ‘‘access, to—’’ in subsection (a) and
inserting ‘‘access, and of each individual seeking flight
training for an aircraft larger than an aircraft described
in (f)(14)(A), to—’’.
SEC. 12. SECURITY FEE.
(a) IN GENERAL.—Chapter 481 is amended by add-
ing at the end thereof the following:
‘‘§ 48114. Security fee
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall collect a user fee from commercial air carriers.
Amounts collected under this section shall be treated as
offsetting collections to partially offset the Federal Avia-
tion Administration’s costs of providing aviation security
services to air carriers. The amounts collected shall be im-
mediately available to the Administration for obligation
and expenditure for its activities, and shall remain avail-
able in a revolving fund, to be established by the Adminis-
tration, until expended.
‘‘(b) AMOUNT
OF FEE.—Commercial air carriers
shall pay $1.00 for each one-way revenue passenger, on
the basis of on-line origin-destination travel.
‘‘(c) DEFINITIONS.—As used in this section—
‘‘(1) COMMERCIAL
AIR
CARRIER.—The term
‘commercial air carrier’ means a commercial oper-
ator that engages in the carriage of persons in air
commerce for compensation or hire.
‘‘(2) REVENUE
PASSENGER.—The term ‘rev-
enue passenger’ means a passenger on board a flight
in revenue service and does not include passengers
traveling for a zero fare on frequent flyer or mileage
programs or non-revenue air carrier employees.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 481 is amended by adding at the end thereof
the following:
‘‘48114. Security fee’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to transportation
beginning after the date which is 90 days after the date
of enactment of this Act.
SEC. 13. INCREASED AVIATION SECURITY FUNDING.
(a) 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 to the Sec-
retary of Transportation for fiscal years 2002, 2003, and
2004, such sums as may be necessary to carry out chapter
449 and related aviation security activities under this
title.’’.
(b) CONFORMING AMENDMENT.—The subtitle anal-
ysis 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. 14. DEFINITIONS.
Except as otherwise explicitly provided, any term
used in this Act that is defined in section 40102 of title
49, United States Code, has the meaning given that term
in that section.
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