I
107TH CONGRESS
1ST SESSION
H. R. 3165
To enhance the safety and security of the civil air transportation system.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 24, 2001
Mr. GANSKE (for himself and Mr. ANDREWS) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
To enhance the safety and security of the civil air
transportation system.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Aviation Security Act, II’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—AVIATION SECURITY
Sec. 101. Findings.
Sec. 102. Transportation security function.
Sec. 103. Aviation Security Coordination Council.
Sec. 104. Improved flight deck integrity measures.
Sec. 105. Deployment of Federal air marshals.
Sec. 106. Improved airport perimeter access security.
Sec. 107. Enhanced anti-hijacking training for flight crews.
Sec. 108. Passenger and property screening.
Sec. 109. Training and employment of security screening personnel.
Sec. 110. Research and development.
Sec. 111. Flight school security.
Sec. 112. Report to Congress on security.
Sec. 113. General aviation and air charters.
Sec. 114. Increased penalties for interference with security personnel.
Sec. 115. Security-related study by FAA.
Sec. 116. Air transportation arrangements in certain States.
Sec. 117. Airline computer reservation systems.
Sec. 118. Security funding.
Sec. 119. Increased funding flexibility for aviation security.
Sec. 120. Authorization of funds for reimbursement of airports for security
mandates.
Sec. 121. Encouraging airline employees to report suspicious activities.
Sec. 122. Less-than-lethal weaponry for flight deck crews.
Sec. 123. Mail and freight waivers.
Sec. 124. Safety and security of on-board supplies.
Sec. 125. Flight deck security.
Sec. 126. Amendments to airmen registry authority.
Sec. 127. Results-based management.
Sec. 128. Use of facilities.
Sec. 129. Report on national air space restrictions put in place after terrorist
attacks that remain in place.
Sec. 130. Voluntary provision of emergency services during commercial flights.
Sec. 131. Enhanced security for aircraft.
Sec. 132. Implementation of certain detection technologies.
Sec. 133. Report on new responsibilities of the Department of Justice for avia-
tion security.
Sec. 134. Definitions.
TITLE II—DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES
Subtitle A—Expanded Deployment and Utilization of Current Security
Technologies and Procedures
Sec. 201. Expanded deployment and utilization of current security technologies
and procedures.
Subtitle B—Short-Term Assessment and Deployment of Emerging Security
Technologies and Procedures
Sec. 211. Short-term assessment and deployment of emerging security tech-
nologies and procedures.
Subtitle C—Research and Development of Aviation Security Technology
Sec. 221. Research and development of aviation security technology.
TITLE I—AVIATION SECURITY
SEC. 101. 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-
dom of Americans to move in intrastate, interstate,
and international transportation.
(3) The terrorist hijackings and crashes of pas-
senger aircraft on September 11, 2001, converting
civil aircraft into guided bombs for strikes against
civilian and military targets requires the United
States to change fundamentally the way it ap-
proaches the task of ensuring the safety and security
of the civil air transportation system.
(4) The existing fragmentation of responsibility
for that safety and security among government
agencies and between government and nongovern-
ment entities is inefficient and unacceptable in light
of the hijackings and crashes on September 11,
2001.
(5) The General Accounting Office has rec-
ommended that security functions and security per-
sonnel at United States airports should become a
Federal government responsibility.
(6) Although the number of Federal air mar-
shals is classified, their presence on both inter-
national and domestic flights would have a deterrent
effect on hijacking and would further bolster public
confidence in the safety of air travel.
(7) The effectiveness of existing security meas-
ures, including employee background checks and
passenger pre-screening, is impaired because of the
inaccessibility of, or the failure to share information
among, data bases maintained by different Federal
and international agencies for criminal behavior or
pertinent intelligence information.
SEC. 102. TRANSPORTATION SECURITY FUNCTION.
(a) IN GENERAL.—Section 102 of title 49, United
States Code, is amended—
(1) by redesignating subsections (d), (e), and
(f) as subsections (e), (f), and (g); and
(2) by inserting after subsection (c) the fol-
lowing:
‘‘(d) DEPUTY SECRETARY
FOR TRANSPORTATION
SECURITY.—
‘‘(1) IN
GENERAL.—The Department has a
Deputy Secretary for Transportation Security, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Deputy Sec-
retary for Transportation Security shall carry out
duties and powers prescribed by the Secretary relat-
ing to security for all modes of transportation.
‘‘(2) AVIATION-RELATED DUTIES.—The Deputy
Secretary—
‘‘(A) shall coordinate and direct, as appro-
priate, the functions and responsibilities of the
Secretary of Transportation and the Adminis-
trator of the Federal Aviation Administration
under chapter 449;
‘‘(B) shall work in conjunction with the
Administrator of the Federal Aviation Adminis-
tration with respect to any actions or activities
that may affect aviation safety or air carrier op-
erations; and
‘‘(C) shall actively cooperate and coordi-
nate with the Attorney General, the Secretary
of Defense, and the heads of other appropriate
Federal agencies and departments with respon-
sibilities for national security and criminal jus-
tice enforcement activities that are related to
aviation security through the Aviation Security
Coordination Council.
‘‘(3) NATIONAL
EMERGENCY
RESPONSIBIL-
ITIES.—Subject to the direction and control of the
Secretary, the Deputy Secretary shall have the fol-
lowing responsibilities:
‘‘(A) To coordinate domestic transpor-
tation during a national emergency, including
aviation, rail, and other surface transportation,
and maritime transportation (including port se-
curity).
‘‘(B) To coordinate and oversee during a
national emergency the transportation-related
responsibilities of other departments and agen-
cies of the Federal Government other than the
Department of Defense and the military depart-
ments.
‘‘(C) To establish uniform national stand-
ards and practices for transportation during a
national emergency.
‘‘(D) To coordinate and provide notice to
other departments and agencies of the Federal
Government, and appropriate agencies of State
and local governments, including departments
and agencies for transportation, law enforce-
ment, and border control, about threats to
transportation during a national emergency.
‘‘(E) To carry out such other duties, and
exercise such other powers, relating to transpor-
tation during a national emergency as the Sec-
retary of Transportation shall prescribe.
‘‘(4) RELATIONSHIP
TO
OTHER
TRANSPOR-
TATION AUTHORITY.—The authority of the Deputy
Secretary under paragraph (3) to coordinate and
oversee transportation and transportation-related re-
sponsibilities during a national emergency shall not
supersede the authority of any other department or
agency of the Federal Government under law with
respect to transportation or transportation-related
matters, whether or not during a national emer-
gency.
‘‘(5) ANNUAL REPORT.—The Deputy Secretary
shall submit to the Congress on an annual basis a
report on the activities of the Deputy Secretary
under paragraph (3) during the preceding year.
‘‘(6) NATIONAL EMERGENCY.—The Secretary of
Transportation shall prescribe the circumstances
constituting a national emergency for purposes of
paragraph (3).’’.
(b) ATTORNEY GENERAL RESPONSIBILITIES.—The
Attorney General of the United States—
(1) is responsible for day-to-day Federal secu-
rity screening operations for passenger air transpor-
tation or intrastate air transportation under sections
44901 and 44935 of title 49, United States Code;
(2) shall work in conjunction with the Adminis-
trator of the Federal Aviation Administration with
respect to any actions or activities that may affect
aviation safety or air carrier operations;
(3) is responsible for hiring and training per-
sonnel to provide security screening at all United
States airports involved in passenger air transpor-
tation or intrastate air transportation, in consulta-
tion with the Secretary of Transportation, the Sec-
retary of Defense, and the heads of other appro-
priate Federal agencies and departments; and
(4) shall actively cooperate and coordinate with
the Secretary of Transportation, the Secretary of
Defense, and the heads of other appropriate Federal
agencies and departments with responsibilities for
national security and criminal justice enforcement
activities that are related to aviation security
through the Aviation Security Coordination Council.
(c) REVIEW
AND DEVELOPMENT
OF WAYS TO
STRENGTHEN SECURITY.—Section 44932(c) of title 49,
United States Code, is amended—
(1) by striking ‘‘x-ray’’ in paragraph (4);
(2) by striking ‘‘and’’ at the end of paragraph
(4);
(3) by striking ‘‘passengers.’’ in paragraph (5)
and inserting ‘‘passengers;’’; and
(4) by adding at the end the following:
‘‘(6) to strengthen and enhance the ability to
detect nonexplosive weapons, such as biological,
chemical, or similar substances; and
‘‘(7) to evaluate such additional measures as
may be appropriate to enhance physical inspection of
passengers, luggage, and cargo.’’.
(d) TRANSITION.—Until the Deputy Secretary for
Transportation Security takes office, the functions of the
Deputy Secretary that relate to aviation security shall be
carried out by the Assistant Administrator for Civil Avia-
tion Security of the Federal Aviation Administration.
SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.
(a) IN GENERAL.—Section 44911 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(f) AVIATION
SECURITY
COORDINATION
COUN-
CIL.—
‘‘(1) IN
GENERAL.—There is established an
Aviation Security Coordination Council.
‘‘(2) FUNCTION.—The Council shall work with
the intelligence community to coordinate intelligence,
security, and criminal enforcement activities affect-
ing the safety and security of aviation at all United
States airports and air navigation facilities involved
in air transportation or intrastate air transportation.
‘‘(3) CHAIR.—The Council shall be chaired by
the Secretary of Transportation or the Secretary’s
designee.
‘‘(4) MEMBERSHIP.—The members of the
Council are:
‘‘(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 Defense, or the Sec-
retary’s designee.
‘‘(D) The Secretary of the Treasury, or the
Secretary’s designee.
‘‘(E) The Director of the Central Intel-
ligence Agency, or the Director’s designee.
‘‘(F) The head, or an officer or employee
designated by the head, of any other Federal
agency the participation of which is determined
by the Secretary of Transportation, in consulta-
tion with the Attorney General, to be appro-
priate.
‘‘(g) CROSS-CHECKING DATA BASE INFORMATION.—
The Secretary of Transportation, acting through the Avia-
tion Security Coordination Council, shall—
‘‘(1) explore the technical feasibility of devel-
oping a common database of individuals who may
pose a threat to aviation or national security;
‘‘(2) enter into memoranda of understanding
with other Federal agencies to share or otherwise
cross-check data on such individuals identified on
Federal agency data bases, and may utilize other
available data bases as necessary; and
‘‘(3) evaluate and assess technologies in devel-
opment or use at Federal departments, agencies,
and instrumentalities that might be useful in im-
proving the safety and security of aviation in the
United States.’’.
(b) POLICIES AND PROCEDURES.—Section 44911(b)
of title 49, United States Code, is amended by striking
‘‘international’’.
(c) STRATEGIC PLANNING.—Section 44911(c) of title
49, United States Code, is amended by striking ‘‘consider
placing’’ and inserting ‘‘place’’.
SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.
(a) IN GENERAL.—As soon as possible after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall—
(1) issue an order (without regard to the provi-
sions of chapter 5 of title 5, United States Code)—
(A) prohibiting access to the flight deck of
aircraft engaged in passenger air transportation
or intrastate air transportation except to au-
thorized personnel;
(B) requiring the strengthening of the
flight deck door and locks on any such aircraft
operating in air transportation or intrastate air
transportation that has a rigid door in a bulk-
head between the flight deck and the passenger
area to ensure that the door cannot be forced
open from the passenger compartment;
(C) 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
(D) prohibiting 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; and
(2) take such other action, including modifica-
tion of safety and security procedures, as may be
necessary to ensure the safety and security of the
aircraft.
(b) COMMUTER AIRCRAFT.—The Administrator shall
investigate means of securing, to the greatest feasible ex-
tent, the flight deck of aircraft operating in air transpor-
tation or intrastate air transportation that do not have
a rigid fixed door with a lock between the passenger com-
partment and the flight deck and issue such an order as
the Administrator deems appropriate (without regard to
the provisions of chapter 5 of title 5, United States Code)
to ensure the inaccessibility, to the greatest extent fea-
sible, of the flight deck while the aircraft is so engaged.
SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) AIR MARSHALS UNDER ATTORNEY GENERAL
GUIDELINES.—The Attorney General shall prescribe
guidelines for the training and deployment of individuals
authorized, with the approval of the Attorney General, to
carry firearms and make arrests under section 44903(d)
of title 49, United States Code. The Secretary of Trans-
portation shall administer the air marshal program under
that section in accordance with the guidelines prescribed
by the Attorney General.
(b) DEPLOYMENT.—Section 44903(d) of title 49,
United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘With’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B); and
(3) by adding at the end the following:
‘‘(2) The Secretary—
‘‘(A) may place Federal air marshals on every
scheduled passenger flight in air transportation and
intrastate air transportation; and
‘‘(B) shall place them on every such flight de-
termined by the Secretary to present high security
risks.
‘‘(3) In making the determination under paragraph
(2)(B), nonstop longhaul flights, such as those targeted
on September 11, 2001, should be a priority.’’.
(c) TRAINING, SUPERVISION, AND FLIGHT ASSIGN-
MENT.—Within 30 days after the date of enactment of
this Act, the Secretary of Transportation, under the au-
thority of subsections (d) and (e) of section 44903 of title
49, United States Code, shall—
(1) provide for deployment of Federal air mar-
shals on flights in air transportation and intrastate
air transportation;