(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 air carriers to provide seating for
Federal air marshals on any flight without regard to
the availability of seats on that flight.
(d) INTERNATIONAL FLIGHTS.—The Secretary shall
work with the International Civil Aviation Organization
and with appropriate civil aviation authorities of foreign
governments under section 44907 of title 49, United
States Code, to address security concerns on flights by for-
eign air carriers to and from the United States.
(e) INTERIM MEASURES.—The Secretary may, after
consultation with the heads of other Federal agencies and
departments, use personnel from those agencies and de-
partments to provide air marshal service on domestic and
international flights, and may use the authority provided
by section 324 of title 49, United States Code, for such
purpose.
(f) REPORTS.—
(1) IN GENERAL.—The Attorney General and
the Secretary of Transportation shall submit the fol-
lowing reports in classified form, if necessary, to the
Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure:
(A) Within 18 months after the date of en-
actment of this Act, an assessment of the pro-
gram carried out under section 44903(d) of
title 49, United States Code.
(B) Within 120 days after such date, an
assessment of the effectiveness of the security
screening process for carry-on baggage and
checked baggage.
(C) Within 6 months after the date of en-
actment of this Act, an assessment of the safety
and security-related training provided to flight
and cabin crews.
(2) RECOMMENDATIONS.—The Attorney Gen-
eral and the Secretary may submit, as part of any
report under this subsection or separately, any rec-
ommendations they may have for improving the ef-
fectiveness of the Federal air marshal program or
the security screening process.
(g) COOPERATION WITH OTHER AGENCIES.—The
last sentence of section 106(m) of title 49, United States
Code, is amended by striking ‘‘supplies and’’ and inserting
‘‘supplies, personnel, services, and’’.
(h) AUTHORITY TO APPOINT RETIRED LAW EN-
FORCEMENT OFFICERS.—Notwithstanding any other pro-
vision of law, the Secretary of Transportation may appoint
an individual who is a retired law enforcement officer or
a retired member of the Armed Forces as a Federal air
marshal, regardless of age, or an individual discharged or
furloughed from a commercial airline cockpit crew posi-
tion, if the individual otherwise meets the background and
fitness qualifications required for Federal air marshals.
SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECU-
RITY.
(a) IN GENERAL.—Section 44903 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(h) IMPROVED AIRPORT PERIMETER ACCESS SECU-
RITY.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the airport operator and
law enforcement authorities, may order the deploy-
ment 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,
the risk to air carrier aircraft operations at the air-
port, or to meet national security concerns.
‘‘(2) SECURITY OF AIRCRAFT AND GROUND AC-
CESS TO SECURE AREAS.—In determining where to
deploy such personnel, the Secretary shall consider
the physical security needs of air traffic control fa-
cilities, parked aircraft, aircraft servicing equipment,
aircraft supplies (including fuel), automobile parking
facilities within airport perimeters or adjacent to se-
cured facilities, and access and transition areas at
airports served by other means of ground or water
transportation. The Secretary of Transportation,
after consultation with the Aviation Security Coordi-
nation Council, shall consider whether airport, air
carrier personnel, and other individuals with access
to such areas should be screened to prevent individ-
uals who present a risk to aviation security or na-
tional security from gaining access to such areas.
‘‘(3) DEPLOYMENT
OF
FEDERAL
LAW
EN-
FORCEMENT PERSONNEL.—The Secretary of Trans-
portation may enter into a memorandum of under-
standing or other agreement with the Attorney Gen-
eral or the head of any other appropriate Federal
law enforcement agency to deploy Federal law en-
forcement personnel at an airport in order to meet
aviation safety and security concerns.’’.
(b) SMALL AND MEDIUM AIRPORTS.—The Adminis-
trator of the Federal Aviation Administration shall de-
velop a plan to provide technical support to small and me-
dium airports to enhance security operations, including
screening operations, and to provide financial assistance
to those airports to defray the costs of enhancing security.
The Federal Aviation Administration in consultation with
the appropriate State or local government law enforcement
authorities, shall reexamine the safety requirements for
small community airports, to reflect a reasonable level of
threat to those individual small community airports, in-
cluding the parking of passenger vehicles within 300 feet
of the airport terminal building with respect to that air-
port.
(c) CHEMICAL AND BIOLOGICAL WEAPON DETEC-
TION.—Section 44903(c)(2)(C) of title 49, United States
Code, is amended to read as follows:
‘‘(C) MAXIMUM USE OF CHEMICAL AND BIO-
LOGICAL
WEAPON
DETECTION
EQUIPMENT.—The
Secretary of Transportation shall require airports to
maximize the use of technology and equipment that
is designed to detect potential chemical or biological
weapons.’’.
(d) IMPROVEMENT OF SECURED-AREA ACCESS CON-
TROL.—Section 44903(g)(2) of title 49, United States
Code, is amended—
(1) by striking ‘‘weaknesses by January 31,
2001;’’ in subparagraph (A) and inserting ‘‘weak-
nesses;’’;
(2) by striking subparagraph (D) and inserting
the following:
‘‘(D) on an ongoing basis, assess and test
for compliance with access control require-
ments, report annually findings of the assess-
ments, and assess the effectiveness of penalties
in ensuring compliance with security procedures
and take any other appropriate enforcement ac-
tions when noncompliance is found;’’;
(3) by striking ‘‘program by January 31,
2001;’’ in subparagraph (F) and inserting ‘‘pro-
gram;’’; and
(4) by striking subparagraph (G) and inserting
the following:
‘‘(G) work with airport operators to
strengthen access control points in secured
areas (including air traffic control operations
areas, maintenance areas, crew lounges, bag-
gage handling areas, concessions, and catering
delivery areas) to ensure the security of pas-
sengers and aircraft and consider the deploy-
ment of biometric or similar technologies that
identify individuals based on unique personal
characteristics.’’.
(e) AIRPORT SECURITY PILOT PROGRAM.—Section
44903(c) of title 49, United States Code, is amended by
adding at the end the following:
‘‘(3) The Administrator shall establish pilot programs
in no fewer than 20 airports to test and evaluate new and
emerging technology for providing access control and other
security protections for closed or secure areas of the air-
ports. Such technology may include biometric or other
technology that ensures only authorized access to secure
areas.’’.
(f) AIRPORT SECURITY AWARENESS PROGRAMS.—
The Secretary of Transportation shall require air carriers
and airports involved in air transportation or intrastate
air transportation to develop security awareness programs
for airport employees, ground crews, and other individuals
employed at such airports.
SEC. 107. ENHANCED ANTI-HIJACKING TRAINING FOR
FLIGHT CREWS.
(a) IN GENERAL.—The Secretary of Transportation
shall develop a mandatory air carrier program of training
for flight and cabin crews of aircraft providing air trans-
portation 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). The Sec-
retary shall ensure that the training curriculum is devel-
oped in consultation with Federal law enforcement agen-
cies with expertise in terrorism, self-defense, hijacker psy-
chology, and current threat conditions.
(b) NOTIFICATION
PROCEDURES.—The Adminis-
trator of the Federal Aviation Administration shall revise
the procedures by which cabin crews of aircraft can notify
flight deck crews of security breaches and other emer-
gencies and implement any new measures as soon as prac-
ticable.
SEC. 108. PASSENGER AND PROPERTY SCREENING.
(a) IN GENERAL.—Section 44901 of title 49, United
States Code, is amended to read as follows:
‘‘§ 44901. Screening passengers, individuals with ac-
cess to secure areas, and property
‘‘(a) IN GENERAL.—The Attorney General, in con-
sultation with the Secretary of Transportation, shall pro-
vide for the screening of all passengers and property, in-
cluding United States mail, cargo, carry-on and checked
baggage, and other articles, that will be carried aboard
an aircraft in air transportation or intrastate air transpor-
tation. The screening shall take place before boarding and,
except as provided in subsection (c), shall be carried out
by a Federal government employee (as defined in section
2105 of title 5, United States Code). The Attorney Gen-
eral, in consultation with the Secretary, shall provide for
the screening of all persons, including airport, air carrier,
foreign air carrier, and airport concessionaire employees,
before they are allowed into sterile or secure areas of the
airport, as determined by the Attorney General. The
screening of airport, air carrier, foreign air carrier, and
airport concessionaire employees, and other nonpassengers
with access to secure areas, shall be conducted in the same
manner as passenger screenings are conducted, except
that the Attorney General may authorize alternative
screening procedures for personnel engaged in providing
airport or aviation security at an airport. In carrying out
this subsection, the Attorney General shall maximize the
use of available nonintrusive and other inspection and de-
tection technology that is approved by the Administrator
of the Federal Aviation Administration for the purpose of
screening passengers, baggage, mail, or cargo.
‘‘(b) DEPLOYMENT OF ARMED PERSONNEL.—
‘‘(1) IN GENERAL.—The Attorney General shall
order the deployment of law enforcement personnel
authorized to carry firearms at each airport security
screening location to ensure passenger safety and
national security.
‘‘(2) MINIMUM REQUIREMENTS.—Except at air-
ports required to enter into agreements under sub-
section (c), the Attorney General shall order the de-
ployment of at least 1 law enforcement officer at
each airport security screening location. At the 100
largest airports in the United States, in terms of an-
nual passenger enplanements for the most recent
calendar year for which data are available, the At-
torney General shall order the deployment of addi-
tional law enforcement personnel at airport security
screening locations if the Attorney General deter-
mines that the additional deployment is necessary to
ensure passenger safety and national security.
‘‘(c) SECURITY AT SMALL COMMUNITY AIRPORTS.—
‘‘(1) PASSENGER SCREENING.—In carrying out
subsection (a) and subsection (b)(1), the Attorney
General may require any nonhub airport (as defined
in section 41731(a)(4)) or smaller airport with
scheduled passenger operations to enter into an
agreement under which screening of passengers and
property will be carried out by qualified, trained
State or local law enforcement personnel if—
‘‘(A) the screening services are equivalent
to the screening services that would be carried
out by Federal personnel under subsection (a);
‘‘(B) the training and evaluation of indi-
viduals conducting the screening or providing
security services meets the standards set forth
in section 44935 for training and evaluation of
Federal personnel conducting screening or pro-
viding security services under subsection (a);
‘‘(C) the airport is reimbursed by the
United States, using funds made available by
the Aviation Security Act, for the costs incurred
in providing the required screening, training,
and evaluation; and
‘‘(D) the Attorney General has consulted
the airport sponsor.
‘‘(2) DETERMINATION
OF
LIMITED
REQUIRE-
MENTS.—The Attorney General, in consultation with
the Secretary of Transportation, may prescribe
modified aviation security measures for a nonhub
airport if the Attorney General determines that spe-
cific security measures are not required at a nonhub
airport at all hours of airport operation because of—
‘‘(A) the types of aircraft that use the air-
port;
‘‘(B) seasonal variations in air traffic and
types of aircraft that use the airport; or
‘‘(C) other factors that warrant modifica-
tion of otherwise applicable security require-
ments.
‘‘(3) ADDITIONAL
FEDERAL
SECURITY
MEAS-
URES.—At any airport required to enter into a reim-
bursement agreement under paragraph (1), the At-
torney General—
‘‘(A) may provide or require additional se-
curity measures;
‘‘(B) may conduct random security inspec-
tions; and
‘‘(C) may provide assistance to enhance
airport security at that airport.
‘‘(d) MANUAL PROCESS.—
‘‘(1) IN GENERAL.—The Attorney General shall
require a manual process, at explosive detection sys-
tem screening locations in airports where explosive
detection equipment is underutilized, which will aug-
ment the Computer Assisted Passenger Prescreening
System by randomly selecting additional checked
bags for screening so that a minimum number of
bags, as prescribed by the Attorney General, are ex-
amined.
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Paragraph (1) shall not be construed to limit
the ability of the Attorney General or the Secretary
of Transportation to impose additional security
measures when a specific threat warrants such addi-
tional measures.
‘‘(3) MAXIMUM USE OF EXPLOSIVE DETECTION
EQUIPMENT.—In prescribing the minimum number
of bags to be examined under paragraph (1), the At-
torney General shall seek to maximize the use of the
explosive detection equipment.
‘‘(e) FLEXIBILITY OF ARRANGEMENTS.—In carrying
out subsections (a), (b), and (c), the Attorney General
may use memoranda of understanding or other agree-
ments with the heads of appropriate Federal law enforce-
ment agencies covering the utilization and deployment of
personnel of the Department of Justice or such other
agencies.’’.
(b) DEPUTIZING OF STATE AND LOCAL LAW EN-
FORCEMENT OFFICERS.—Section 512 of the Wendell H.
Ford Aviation Investment and Reform Act for the 21st
Century is amended—
(1) by striking ‘‘purpose of’’ in subsection
(b)(1)(A) and inserting ‘‘purposes of (i)’’;
(2) by striking ‘‘transportation;’’ in subsection
(b)(1)(A) and inserting ‘‘transportation, and (ii) reg-
ulate the provisions of security screening services
under section 44901(c) of title 49, United States
Code;’’;
(3) by striking ‘‘NOT
FEDERAL
RESPONSI-
BILITY’’ in the heading of subsection (b)(3)(b);
(4) by striking ‘‘shall not be responsible for
providing’’ in subsection (b)(3)(B) and inserting
‘‘may provide’’;
(5) by striking ‘‘flight.’’ in subsection (c)(2)
and inserting ‘‘flight and security screening func-
tions under section 44901(c) of title 49, United
States Code.’’;
(6) by striking ‘‘General’’ in subsection (e) and
inserting ‘‘General, in consultation with the Sec-
retary of Transportation,’’; and
(7) by striking subsection (f).
(c) TRANSITION.—The Attorney General shall com-
plete the full implementation of section 44901 of title 49,
United States Code, as amended by subsection (a), as soon
as is practicable but in no event later than 9 months after
the date of enactment of this Act. The Attorney General
may make or continue such arrangements, including ar-
rangements under the authority of sections 40110 and
40111 of that title, for the screening of passengers and
property under that section as the Attorney General deter-
mines necessary pending full implementation of that sec-
tion as so amended.
SEC. 109. TRAINING AND EMPLOYMENT OF SECURITY
SCREENING PERSONNEL.
(a) IN GENERAL.—Section 44935 of title 49, United
States Code, is amended—
(1) by redesignating subsection (f) as sub-
section (i); and
(2) by striking subsection (e) and inserting the
following:
‘‘(e) SECURITY SCREENERS.—
‘‘(1) TRAINING PROGRAM.—The Attorney Gen-
eral, in consultation with the Secretary of Transpor-
tation, shall establish a program for the hiring and
training of security screening personnel.
‘‘(2) HIRING.—
‘‘(A) 
QUALIFICATIONS.—The 
Attorney
General shall establish, within 30 days after the
date of enactment of the Aviation Security Act,
qualification standards for individuals to be
hired by the United States as security screening
personnel. Notwithstanding any provision of law
to the contrary, those standards shall, at a min-
imum, require an individual—
‘‘(i) to have a satisfactory or better
score on a Federal security screening per-
sonnel selection examination;
‘‘(ii) to have been a national of the
United States, as defined in section
101(a)(22) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(22)), for a
minimum of 5 consecutive years;
‘‘(iii) to have passed an examination
for recent consumption of a controlled sub-
stance;
‘‘(iv) to meet, at a minimum, the re-
quirements set forth in subsection (f); and
‘‘(v) to meet such other qualifications
as the Attorney General may establish.
‘‘(B) BACKGROUND CHECKS.—The Attor-
ney General shall require that an individual to
be hired as a security screener undergo an em-
ployment investigation (including a criminal
history 
record 
check) 
under 
section
44936(a)(1).
‘‘(C) DISQUALIFICATION OF INDIVIDUALS
WHO
PRESENT
NATIONAL
SECURITY
RISKS.—
The Attorney General, in consultation with the
heads of other appropriate Federal agencies,
shall establish procedures, in addition to any
background check conducted under section
44936, to ensure that no individual who pre-
sents a threat to national security is employed
as a security screener.
‘‘(3) EXAMINATION; 
REVIEW
OF
EXISTING
RULES.—The Attorney General shall develop a secu-
rity screening personnel examination for use in de-
termining the qualification of individuals seeking
employment as security screening personnel. The At-
torney General shall also review, and revise as nec-
essary, any standard, rule, or regulation governing
the employment of individuals as security screening
personnel.
‘‘(f) EMPLOYMENT STANDARDS
FOR SCREENING
PERSONNEL.—
‘‘(1) 
SCREENER
REQUIREMENTS.—Notwith-
standing any provision of law to the contrary, an in-
dividual may not be employed as a security screener
unless that individual meets the following require-
ments:
‘‘(A) The individual shall possess a high
school diploma, a General Equivalency Diploma,
or experience that the Attorney General has de-
termined to have equipped the individual to per-
form the duties of the position.
‘‘(B) The individual shall possess basic ap-
titudes and physical abilities including color
perception, visual and aural acuity, physical co-
ordination, and motor skills to the following
standards:
‘‘(i) Screeners operating screening
equipment shall be able to distinguish on
the screening equipment monitor the ap-
propriate imaging standard specified by
the 
Attorney 
General. 
Wherever 
the
screening equipment system displays col-
ors, the operator shall be able to perceive
each color.
‘‘(ii) Screeners operating any screen-
ing equipment shall be able to distinguish
each color displayed on every type of
screening equipment and explain what each
color signifies.
‘‘(iii) Screeners shall be able to hear
and respond to the spoken voice and to au-
dible alarms generated by screening equip-
ment in an active checkpoint environment.
‘‘(iv) Screeners performing physical
searches or other related operations shall
be able to efficiently and thoroughly ma-
nipulate and handle such baggage, con-
tainers, and other objects subject to secu-
rity processing.
‘‘(v) Screeners who perform pat-downs
or hand-held metal detector searches of in-
dividuals shall have sufficient dexterity and
capability to thoroughly conduct those pro-
cedures over a individual’s entire body.
‘‘(C) The individual shall be able to read,
speak, and write English well enough to—
‘‘(i) carry out written and oral in-
structions regarding the proper perform-
ance of screening duties;
‘‘(ii) read English language identifica-
tion media, credentials, airline tickets, and
labels on items normally encountered in
the screening process;
‘‘(iii) provide direction to and under-
stand and answer questions from English-
speaking individuals undergoing screening;
and
‘‘(iv) write incident reports and state-
ments and log entries into security records
in the English language.
‘‘(D) The individual shall have satisfac-
torily completed all initial, recurrent, and ap-
propriate specialized training required by the
security program, except as provided in para-
graph (2).
‘‘(2) EXCEPTIONS.—An individual who has not
completed the training required by this section may
be employed during the on-the-job portion of train-
ing to perform functions if that individual—
‘‘(A) is closely supervised; and
‘‘(B) does not make independent judg-
ments as to whether individuals or property
may enter a sterile area or aircraft without fur-
ther inspection.
‘‘(3) REMEDIAL TRAINING.—No individual em-
ployed as a security screener may perform a screen-
ing function after that individual has failed an oper-
ational test related to that function until that indi-
vidual has successfully completed the remedial train-
ing specified in the security program.
‘‘(4) ANNUAL PROFICIENCY REVIEW.—The At-
torney General shall provide that an annual evalua-
tion of each individual assigned screening duties is
conducted and documented. An individual employed
as a security screener may not continue to be em-
ployed in that capacity unless the evaluation dem-
onstrates that the individual—
‘‘(A) continues to meet all qualifications
and standards required to perform a screening
function;
‘‘(B) has a satisfactory record of perform-
ance and attention to duty based on the stand-
ards and requirements in the security program;
and
‘‘(C) demonstrates the current knowledge
and skills necessary to courteously, vigilantly,
and effectively perform screening functions.
‘‘(5) OPERATIONAL
TESTING.—In addition to
the annual proficiency review conducted under para-
graph (4), the Attorney General shall provide for the
operational testing of such personnel.
‘‘(g) TRAINING.—
‘‘(1) USE OF OTHER AGENCIES.—The Attorney
General shall enter into a memorandum of under-
standing or other arrangement with any other Fed-
eral agency or department with appropriate law en-
forcement responsibilities, to provide personnel, re-
sources, or other forms of assistance in the training
of security screening personnel.
‘‘(2) TRAINING PLAN.—The Attorney General
shall, within 60 days after the date of enactment of
the Aviation Security Act, develop a plan for the
training of security screening personnel. The plan
shall, at a minimum, require that before being de-
ployed as a security screener, an individual—
‘‘(A) has completed 40 hours of classroom
instruction or successfully completed a program
that the Attorney General determines will train
individuals to a level of proficiency equivalent to
the level that would be achieved by such class-
room instruction;
‘‘(B) has completed 60 hours of on-the-job
instruction; and
‘‘(C) has successfully completed an on-the-
job training examination prescribed by the At-
torney General.
‘‘(3) EQUIPMENT-SPECIFIC TRAINING.—An in-
dividual employed as a security screener may not use
any security screening device or equipment in the
scope of that individual’s employment unless the in-
dividual has been trained on that device or equip-
ment and has successfully completed a test on the
use of the device or equipment.
‘‘(h) TECHNOLOGICAL
TRAINING.—The Attorney
General shall require training to ensure that screeners are
proficient in using the most up-to-date new technology and
to ensure their proficiency in recognizing new threats and
weapons. The Attorney General shall make periodic as-
sessments to determine if there are dual use items and
inform security screening personnel of the existence of
such items. Current lists of dual use items shall be part
of the ongoing training for screeners. For purposes of this
subsection, the term ‘dual use’ item means an item that
may seem harmless but that may be used as a weapon.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 44936(a)(1)(A) is amended by in-
serting ‘‘as a security screener under section
44935(e) or a position’’ after ‘‘a position’’.
(2) Section 44936(b) of title 49, United States
Code, is amended—
(A) by inserting ‘‘the Attorney General,’’
after ‘‘subsection,’’ in paragraph (1); and
(B) by striking ‘‘An’’ in paragraph (3) and
inserting ‘‘The Attorney General, an’’.
(3) Section 44936(a)(1)(E) is amended by
striking clause (iv).
(c) TRANSITION.—The Attorney General shall com-
plete the full implementation of section 44935 (e), (f), (g),
and (h) of title 49, United States Code, as amended by
subsection (a), as soon as is practicable. The Attorney
General may make or continue such arrangements for the
training of security screeners under that section as the
Attorney General determines necessary pending full imple-
mentation of that section as so amended.
(d) SCREENER PERSONNEL.—Notwithstanding any
other provision of law, the Attorney General may employ,
appoint, discipline, terminate, and fix the compensation,
terms, and conditions of employment of Federal service
for such a number of individuals as the Attorney General
determines to be necessary to carry out the passenger se-
curity screening functions of the Attorney General under
section 44901 of title 49, United States Code.
(e) STRIKES PROHIBITED.—An individual employed
as a security screener under section 44901 of title 49,
United States Code, is prohibited from participating in a
strike or asserting the right to strike pursuant to section
7311(3) or 7116(b)(7) of title 5, United States Code.
(f) BACKGROUND CHECKS FOR EXISTING EMPLOY-
EES.—
(1) IN GENERAL.—Section 44936 of title 49,
United States Code, is amended by inserting ‘‘is or’’
before ‘‘will’’ in subsection (a)(1)(B)(i).
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) apply with respect to individuals
employed on or after the date of enactment of the
Aviation Security Act in a position described in sub-
paragraph (A) or (B) of section 44936(a)(1) of title
49, United States Code. The Secretary of Transpor-
tation may provide by order for a phased-in imple-
mentation of the requirements of section 44936 of
that title made applicable to individuals employed in
such positions at airports on the date of enactment
of this Act.
SEC. 110. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—Section 44912(b)(1) of title 49,
United States Code, is amended—
(1) by striking ‘‘complete an intensive review
of’’ and inserting ‘‘periodically review’’;
(2) by striking ‘‘commercial aircraft in service
and expected to be in service in the 10-year period
beginning on November 16, 1990;’’ in subparagraph
(B) and inserting ‘‘aircraft in air transportation;’’;
and
(3) 
by 
redesignating 
subparagraphs 
(D)
through (F) as subparagraphs (E) through (G), re-
spectively, and inserting after subparagraph (C) the
following:
‘‘(D) the potential release of chemical, bio-
logical, or similar weapons or devices either
within an aircraft or within an airport;’’.
(b) ADDITIONAL MATTERS REGARDING RESEARCH
AND DEVELOPMENT.—
(1) ADDITIONAL
PROGRAM
REQUIREMENTS.—
Subsection (a) of section 44912 of title 49, United
States Code, is amended—
(A) by redesignating paragraph (4) as
paragraph (5); and
(B) by inserting after paragraph (3) the
following new paragraph (4):
‘‘(4)(A) In carrying out the program established
under this subsection, the Administrator shall designate
an individual to be responsible for engineering, research,
and development with respect to security technology under
the program.
‘‘(B) The individual designated under subparagraph
(A) shall use appropriate systems engineering and risk
management models in making decisions regarding the al-
location of funds for engineering, research, and develop-
ment with respect to security technology under the pro-
gram.
‘‘(C) The individual designated under subparagraph
(A) shall, on an annual basis, submit to the Research, En-
gineering and Development Advisory Committee a report
on activities under this paragraph during the preceding
year. Each report shall include, for the year covered by
such report, information on—
‘‘(i) progress made in engineering, research,
and development with respect to security technology;
‘‘(ii) the allocation of funds for engineering, re-
search, and development with respect to security
technology; and
‘‘(iii) engineering, research, and development
with respect to any technologies drawn from other
agencies, including the rationale for engineering, re-
search, and development with respect to such tech-
nologies.’’.
(2) REVIEW OF THREATS.—Subsection (b)(1)
of that section is amended—
(A) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(B) by inserting before subparagraph (B),
as so redesignated, the following new subpara-
graph (A):
‘‘(A) a comprehensive systems analysis (employ-
ing vulnerability analysis, threat attribute definition,
and technology roadmaps) of the civil aviation sys-
tem, including—
‘‘(i) the destruction, commandeering, or di-
version of civil aircraft or the use of civil air-
craft as a weapon; and
‘‘(ii) the disruption of civil aviation service,
including by cyber attack;’’.
(3) SCIENTIFIC ADVISORY PANEL.—Subsection
(c) of that section is amended to read as follows:
‘‘(c) SCIENTIFIC ADVISORY PANEL.—(1) The Admin-
istrator shall establish a scientific advisory panel, as a sub-
committee of the Research, Engineering, and Development
Advisory Committee, to review, comment on, advise the
progress of, and recommend modifications in, the program
established under subsection (a) of this section, including
the need for long-range research programs to detect and
prevent catastrophic damage to commercial aircraft, com-
mercial aviation facilities, commercial aviation personnel
and passengers, and other components of the commercial
aviation system by the next generation of terrorist weap-
ons.
‘‘(2)(A) The advisory panel shall consist of individ-
uals who have scientific and technical expertise in—
‘‘(i) the development and testing of effective ex-
plosive detection systems;
‘‘(ii) aircraft structure and experimentation to
decide on the type and minimum weights of explo-
sives that an effective explosive detection technology
must be capable of detecting;
‘‘(iii) technologies involved in minimizing air-
frame damage to aircraft from explosives; and
‘‘(iv) other scientific and technical areas the
Administrator considers appropriate.
‘‘(B) In appointing individuals to the advisory panel,
the Administrator should consider individuals from aca-
demia and the national laboratories, as appropriate.
‘‘(3) The Administrator shall organize the advisory
panel into teams capable of undertaking the review of poli-
cies and technologies upon request.
‘‘(4) Not later than 90 days after the date of the en-
actment of the Aviation Security Act, and every two years
thereafter, the Administrator shall review the composition
of the advisory panel in order to ensure that the expertise
of the individuals on the panel is suited to the current
and anticipated duties of the panel.’’.
(c) COORDINATION WITH ATTORNEY GENERAL.—
Section 44912(b) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(3) Beginning on the date of enactment of the Avia-
tion Security Act, the Administrator shall conduct all re-
search related to screening technology and procedures in
conjunction with the Attorney General.’’.
SEC. 111. FLIGHT SCHOOL SECURITY.
(a) PROHIBITION.—Chapter 449 of title 49, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 44939. Training to operate jet-propelled aircraft
‘‘(a) PROHIBITION.—No person subject to regulation
under this part may provide training in the operation of
any jet-propelled aircraft to any alien (or other individual
specified by the Secretary of Transportation under this
section) within the United States unless the Attorney Gen-
eral issues to that person a certification of the completion
of a background investigation of the alien or other indi-
vidual under subsection (b).
‘‘(b) INVESTIGATION.—
‘‘(1) REQUEST.—Upon the joint request of a
person subject to regulation under this part and an
alien (or individual specified by the Secretary) for
the purposes of this section, the Attorney General
shall—
‘‘(A) carry out a background investigation
of the alien or individual within 30 days after
the Attorney General receives the request; and
‘‘(B) upon completing the investigation,
issue a certification of the completion of the in-
vestigation to the person.
‘‘(2) SCOPE.—A background investigation of an
alien or individual under this subsection shall consist
of the following:
‘‘(A) A determination of whether there is
a record of a criminal history for the alien or
individual and, if so, a review of the record.
‘‘(B) A determination of the status of the
alien under the immigration laws of the United
States.
‘‘(C) A determination of whether the alien
or individual presents a national security risk to
the United States.
‘‘(3) RECURRENT
TRAINING.—The Attorney
General shall develop expedited procedures for re-
quests that relate to recurrent training of an alien
of the Department of Transportation, the Department of
Justice, any Federal, State, or local law enforcement offi-
cer, or any airport or airline security officer shall not be
civilly liable to any person under any law or regulation
of the United States, any constitution, law, or regulation
of any State or political subdivision of any State, for such
disclosure.
‘‘(b) APPLICATION.—Subsection (a) shall not apply
to—
‘‘(1) any disclosure made with actual knowledge
that the disclosure was false, inaccurate, or mis-
leading; or
‘‘(2) any disclosure made with reckless dis-
regard as to the truth or falsity of that disclosure.
‘‘§ 44941. Sharing security risk information
‘‘The Attorney General, in consultation with the Dep-
uty Secretary for Transportation Security and the Direc-
tor of the Federal Bureau of Investigation, shall establish
procedures for notifying the Administrator of the Federal
Aviation Administration, and airport or airline security of-
ficers, of the identity of persons known or suspected by
the Attorney General to pose a risk of air piracy or ter-
rorism or a threat to airline or passenger safety.’’.
(b) REPORT.—Not later than 120 days after the date
of enactment of this Act, the Attorney General shall report