[House Report 107-296]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-296
======================================================================
AVIATION AND TRANSPORTATION SECURITY ACT
_______
November 16, 2001.--Ordered to be printed
_______
Mr. Young of Alaska, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany S. 1447]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
1447), to improve aviation security, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation and Transportation
Security Act''.
TITLE I--AVIATION SECURITY
SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.
(a) In General.--Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 114. Transportation Security Administration
``(a) In General.--The Transportation Security
Administration shall be an administration of the Department of
Transportation.
``(b) Under Secretary.--
``(1) Appointment.--The head of the Administration
shall be the Under Secretary of Transportation 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
related to transportation or security.
``(3) Term.--The term of office of an individual
appointed as the Under Secretary shall be 5 years.
``(c) Limitation on Ownership of Stocks and Bonds.--The
Under Secretary may not own stock in or bonds of a
transportation or security enterprise or an enterprise that
makes equipment that could be used for security purposes.
``(d) Functions.--The Under Secretary shall be responsible
for security in all modes of transportation, including--
``(1) carrying out chapter 449, relating to civil
aviation security, and related research and development
activities; and
``(2) security responsibilities over other modes of
transportation that are exercised by the Department of
Transportation.
``(e) Screening Operations.--The Under Secretary shall--
``(1) be responsible for day-to-day Federal
security screening operations for passenger air
transportation and intrastate air transportation under
sections 44901 and 44935;
``(2) develop standards for the hiring and
retention of security screening personnel;
``(3) train and test security screening personnel;
and
``(4) be responsible for hiring and training
personnel to provide security screening at all airports
in the United States where screening is required under
section 44901, in consultation with the Secretary of
Transportation and the heads of other appropriate
Federal agencies and departments.
``(f) Additional Duties and Powers.--In addition to
carrying out the functions specified in subsections (d) and
(e), 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
instrumentalities of the United States Government;
``(5) serve as the primary liaison for
transportation security to the intelligence and law
enforcement 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
requirements;
``(8) identify and undertake research and
development activities necessary to enhance
transportation security;
``(9) inspect, maintain, and test security
facilities, equipment, and systems;
``(10) ensure the adequacy of security measures for
the transportation of cargo;
``(11) oversee the implementation, and ensure the
adequacy, of security measures at airports and other
transportation facilities;
``(12) require background checks for airport
security screening personnel, individuals with access
to secure areas of airports, and other transportation
security personnel;
``(13) work in conjunction with the Administrator
of the Federal Aviation Administration with respect to
any actions or activities that may affect aviation
safety or air carrier operations;
``(14) work with the International Civil Aviation
Organization and appropriate aeronautic authorities of
foreign governments under section 44907 to address
security concerns on passenger flights by foreign air
carriers in foreign air transportation; and
``(15) carry out such other duties, and exercise
such other powers, relating to transportation security
as the Under Secretary considers appropriate, to the
extent authorized by law.
``(g) National Emergency Responsibilities.--
``(1) In general.--Subject to the direction and
control of the Secretary, the Under Secretary, during a
national emergency, shall have the following
responsibilities:
``(A) To coordinate domestic
transportation, including aviation, rail, and
other surface transportation, and maritime
transportation (including port security).
``(B) To coordinate and oversee the
transportation-related responsibilities of
other departments and agencies of the Federal
Government other than the Department of Defense
and the military departments.
``(C) 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
enforcement, and border control, about threats
to transportation.
``(D) To carry out such other duties, and
exercise such other powers, relating to
transportation during a national emergency as
the Secretary shall prescribe.
``(2) Authority of other departments and
agencies.--The authority of the Under Secretary under
this subsection 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 emergency.
``(3) Circumstances.--The Secretary shall prescribe
the circumstances constituting a national emergency for
purposes of this subsection.
``(h) Management of Security Information.--In consultation
with the Transportation Security Oversight Board, the Under
Secretary shall--
``(1) enter into memoranda of understanding with
Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals
identified on Federal agency databases who may pose a
risk to transportation or national security;
``(2) establish procedures for notifying the
Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials,
and airport or airline security officers of the
identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat
to airline or passenger safety;
``(3) in consultation with other appropriate
Federal agencies and air carriers, establish policies
and procedures requiring air carriers--
``(A) to use information from government
agencies to identify individuals on passenger
lists who may be a threat to civil aviation or
national security; and
``(B) if such an individual is identified,
notify appropriate law enforcement agencies,
prevent the individual from boarding an
aircraft, or take other appropriate action with
respect to that individual; and
``(4) consider requiring passenger air carriers to
share passenger lists with appropriate Federal agencies
for the purpose of identifying individuals who may pose
a threat to aviation safety or national security.
``(i) View of NTSB.--In taking any action under this
section that could affect safety, the Under Secretary shall
give great weight to the timely views of the National
Transportation Safety Board.
``(j) Acquisitions.--
``(1) In general.--The Under Secretary is
authorized--
``(A) to acquire (by purchase, lease,
condemnation, or otherwise) such real property,
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
``(B) to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain such personal
property (including office space and patents),
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
``(C) to lease to others such real and
personal property and to provide by contract or
otherwise for necessary facilities for the
welfare of its employees and to acquire,
maintain and operate equipment for these
facilities;
``(D) to acquire services, including such
personal services as the Secretary determines
necessary, and to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain research and
testing sites and facilities; and
``(E) in cooperation with the Administrator
of the Federal Aviation Administration, to
utilize the research and development facilities
of the Federal Aviation Administration.
``(2) Title.--Title to any property or interest
therein acquired pursuant to this subsection shall be
held by the Government of the United States.
``(k) 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 the Aviation and Transportation Security Act, by
law to the Under Secretary.
``(l) Regulations.--
``(1) In general.--The Under Secretary is
authorized to issue, rescind, and revise such
regulations as are necessary to carry out the functions
of the Administration.
``(2) Emergency procedures.--
``(A) In general.--Notwithstanding any
other provision of law or executive order
(including an executive order requiring a cost-
benefit analysis), if the Under Secretary
determines that a regulation or security
directive must be issued immediately in order
to protect transportation security, the Under
Secretary shall issue the regulation or
security directive without providing notice or
an opportunity for comment and without prior
approval of the Secretary.
``(B) Review by transportation security
oversight board.--Any regulation or security
directive issued under this paragraph shall be
subject to review by the Transportation
Security Oversight Board established under
section 115. Any regulation or security
directive issued under this paragraph shall
remain effective unless disapproved by the
Board or rescinded by the Under Secretary.
``(3) Factors to consider.--In determining whether
to issue, rescind, or revise a regulation under this
section, the Under Secretary shall consider, as a
factor in the final determination, whether the costs of
the regulation are excessive in relation to the
enhancement of security the regulation will provide.
The Under Secretary may waive requirements for an
analysis that estimates the number of lives that will
be saved by the regulation and the monetary value of
such lives if the Under Secretary determines that it is
not feasible to make such an estimate.
``(4) Airworthiness objections by faa.--
``(A) In general.--The Under Secretary
shall not take an aviation security action
under this title if the Administrator of the
Federal Aviation Administration notifies the
Under Secretary that the action could adversely
affect the airworthiness of an aircraft.
``(B) Review by secretary.--Notwithstanding
subparagraph (A), the Under Secretary may take
such an action, after receiving a notification
concerning the action from the Administrator
under subparagraph (A), if the Secretary of
Transportation subsequently approves the
action.
``(m) Personnel and Services; Cooperation by Under
Secretary.--
``(1) Authority of 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 Federal Aviation
Administration under subsections (l) and (m) of section
106.
``(2) Authority of agency heads.--The head of a
Federal agency shall have the same authority to provide
services, supplies, equipment, personnel, and
facilities to the Under Secretary as the head has to
provide services, supplies, equipment, personnel, and
facilities to the Administrator of the Federal Aviation
Administration under section 106(m).
``(n) Personnel Management System.--The personnel
management system established by the Administrator of the
Federal Aviation Administration under section 40122 shall apply
to employees of the Transportation Security Administration, or,
subject to the requirements of such section, the Under
Secretary may make such modifications to the personnel
management system with respect to such employees as the Under
Secretary considers appropriate, such as adopting aspects of
other personnel systems of the Department of Transportation.
``(o) Acquisition Management System.--The acquisition
management system established by the Administrator of the
Federal Aviation Administration under section 40110 shall apply
to acquisitions of equipment, supplies, and materials by the
Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary may make such
modifications to the acquisition management system with respect
to such acquisitions of equipment, supplies, and materials as
the Under Secretary considers appropriate, such as adopting
aspects of other acquisition management systems of the
Department of Transportation.
``(p) Authority of Inspector General.--The Transportation
Security Administration shall be subject to the Inspector
General Act of 1978 (5 U.S.C. App.) and other laws relating to
the authority of the Inspector General of the Department of
Transportation.
``(q) Law Enforcement Powers.--
``(1) In general.--The Under Secretary may
designate an employee of the Transportation Security
Administration to serve as a law enforcement officer.
``(2) Powers.--While engaged in official duties of
the Administration as required to fulfill the
responsibilities under this section, a law enforcement
officer designated under paragraph (1) may--
``(A) carry a firearm;
``(B) make an arrest without a warrant for
any offense against the United States committed
in the presence of the officer, or for any
felony cognizable under the laws of the United
States if the officer has probable cause to
believe that the person to be arrested has
committed or is committing the felony; and
``(C) seek and execute warrants for arrest
or seizure of evidence issued under the
authority of the United States upon probable
cause that a violation has been committed.
``(3) Guidelines on exercise of authority.--The
authority provided by this subsection shall be
exercised in accordance with guidelines prescribed by
the Under Secretary, in consultation with the Attorney
General of the United States, and shall include
adherence to the Attorney General's policy on use of
deadly force.
``(4) Revocation or suspension of authority.--The
powers authorized by this subsection may be rescinded
or suspended should the Attorney General determine that
the Under Secretary has not complied with the
guidelines prescribed in paragraph (3) and conveys the
determination in writing to the Secretary of
Transportation and the Under Secretary.
``(r) Authority To Exempt.--The Under Secretary may grant
an exemption from a regulation prescribed in carrying out this
section if the Under Secretary determines that the exemption is
in the public interest.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by adding at the end the following:
``114. Transportation Security Administration.''.
(c) Position of Under Secretary in Executive Schedule.--
(1) In general.--Section 5313 of title 5, United
States Code, is amended by adding at the end the
following:
``The Under Secretary of Transportation for
Security.''.
(2) Bonus eligibility.--In addition to the annual
rate of pay authorized by section 5313 of title 5,
United States Code, the Under Secretary may receive a
bonus for any calendar year not to exceed 30 percent of
the annual rate of pay, based on the Secretary's
evaluation of the Under Secretary's performance.
(3) Conforming change.--Section 106(r)(2)(A) of
title 49, United States Code, is amended to read as
follows:
``(A) In general.--The Chief Operating
Officer shall be paid at an annual rate of
basic pay to be determined by the
Administrator, with the approval of the Air
Traffic Services Subcommittee of the Aviation
Management Advisory Council. The annual rate
may not exceed the annual compensation paid
under section 102 of title 3. The Chief
Operating Officer shall be subject to the post-
employment provisions of section 207 of title
18 as if the position of Chief Operating
Officer were described in section
207(c)(2)(A)(i) of that title.''.
(d) Cooperation With Other Agencies.--The last sentence of
section 106(m) of such title is amended by striking ``supplies
and'' and inserting ``supplies, personnel, services, and''.
(e) Security and Research and Development Activities.--
Section 40119 of such title is amended--
(1) in subsection (a) by striking ``Administrator
of the Federal Aviation Administration'' and inserting
``Under Secretary of Transportation for Security'';
(2) in subsections (b) and (c) by striking
``Administrator'' each place it appears and inserting
``Under Secretary''; and
(3) in subsection (b)(1)(C) by striking ``air''.
(f) References to FAA in Chapter 449.--Chapter 449 of such
title is amended--
(1) in section 44904(b)(5) by striking ``the
Administration'' and inserting ``the Transportation
Security Administration'';
(2) in the second sentence of section 44913(a)(1)
by striking ``of the Administration'' and inserting
``of the Transportation Security Administration'';
(3) in section 44916(a)--
(A) in the first sentence by striking
``Administrator'' and inserting ``Under
Secretary of Transportation for Security''; and
(B) in the second sentence by striking
``Administration'' and inserting
``Transportation Security Administration'';
(4) in each of sections 44933(a) and 44934(b) by
striking ``Assistant Administrator for Civil Aviation
Security'' and inserting ``Under Secretary'';
(5) in section 44934(b)(1) by striking ``Assistant
Administrator'' and inserting ``Under Secretary'';
(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
Secretary'';
(8) by striking ``Administrator's'' each place it
appears in such chapter and inserting ``Under
Secretary's''; and
(9) by striking ``of the Federal Aviation
Administration'' each place it appears in such chapter
(except in section 44936(f)) and inserting ``of
Transportation for Security''.
(g) Transition Provisions.--
(1) Schedule for assumption of civil aviation
security functions.--Not later than 3 months after the
date of enactment of this Act, the Under Secretary of
Transportation for Security shall assume civil aviation
security functions and responsibilities under chapter
449 of title 49, United States Code, as amended by this
Act, in accordance with a schedule to be developed by
the Secretary of Transportation, in consultation with
air carriers, foreign air carriers, and the
Administrator of the Federal Aviation Administration.
The Under Secretary shall publish an appropriate notice
of the transfer of such security functions and
responsibilities before assuming the functions and
responsibilities.
(2) Assumption of contracts.--As of the date
specified in paragraph (1), the Under Secretary may
assume the rights and responsibilities of an air
carrier or foreign air carrier contract for provision
of passenger screening services at airports in the
United States described in section 44903(c), subject to
payment of adequate compensation to parties to the
contract, if any.
(3) Assignment of contracts.--
(A) In general.--Upon request of the Under
Secretary, an air carrier or foreign air
carrier carrying out a screening or security
function under chapter 449 of title 49, United
States Code, may enter into an agreement with
the Under Secretary to transfer any contract
the carrier has entered into with respect to
carrying out the function, before the Under
Secretary assumes responsibility for the
function.
(B) Schedule.--The Under Secretary may
enter into an agreement under subparagraph (A)
as soon as possible, but not later than 90 days
after the date of enactment of this Act. The
Under Secretary may enter into such an
agreement for one 180-day period and may extend
such agreement for one 90-day period if the
Under Secretary determines it necessary.
(4) Transfer of ownership.--In recognition of the
assumption of the financial costs of security screening
of passengers and property at airports, and as soon as
practical after the date of enactment of this Act, air
carriers may enter into agreements with the Under
Secretary to transfer the ownership, at no cost to the
United States Government, of any personal property,
equipment, supplies, or other material associated with
such screening, regardless of the source of funds used
to acquire the property, that the Secretary determines
to be useful for the performance of security screening
of passengers and property at airports.
(5) Performance of under secretary's functions
during interim period.--Until the Under Secretary takes
office, the functions of the Under Secretary that
relate to aviation security may be carried out by the
Secretary or the Secretary's designee.
SEC. 102. TRANSPORTATION SECURITY OVERSIGHT BOARD.
(a) In General.--Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 115. Transportation Security Oversight Board
``(a) In General.--There is established in the Department
of Transportation a board to be known as the `Transportation
Security Oversight Board'.
``(b) Membership.--
``(1) Number and appointment.--The Board shall be
composed of 7 members as follows:
``(A) The Secretary of Transportation, or
the Secretary's designee.
``(B) The Attorney General, or the Attorney
General's designee.
``(C) The Secretary of Defense, or the
Secretary's designee.
``(D) The Secretary of the Treasury, or the
Secretary's designee.
``(E) The Director of the Central
Intelligence Agency, or the Director's
designee.
``(F) One member appointed by the President
to represent the National Security Council.
``(G) One member appointed by the President
to represent 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 and ratify or disapprove any
regulation or security directive issued by the Under
Secretary of Transportation for security under section
114(l)(2) within 30 days after the date of issuance of
such regulation or directive;
``(2) facilitate the coordination of intelligence,
security, and law enforcement activities affecting
transportation;
``(3) facilitate the sharing of intelligence,
security, and law enforcement information affecting
transportation among Federal agencies and with carriers
and other transportation providers as appropriate;
``(4) explore the technical feasibility of
developing a common database of individuals who may
pose a threat to transportation or national security;
``(5) review plans for transportation security;
``(6) make recommendations to the Under Secretary
regarding matters reviewed under paragraph (5).
``(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, except that meetings shall be closed to the public
whenever classified, sensitive security information, or
information protected in accordance with section 40119(b), will
be discussed.''.
(b) Policies and Procedures.--Section 44911(b) of such
title is amended by striking ``international''.
(c) Strategic Planning.--Section 44911(c) of such title is
amended by striking ``consider placing'' and inserting
``place''.
(d) Conforming Amendment.--The analysis for chapter 1 of
such title is amended by adding at the end the following:
``115. Transportation Security Oversight Board.''.
SEC. 103. FEDERAL SECURITY MANAGERS.
Section 44933 of title 49, United States Code, is amended
to read as follows:
``Sec. 44933. Federal Security Managers
``(a) Establishment, Designation, and Stationing.--The
Under Secretary of Transportation for Security shall establish
the position of Federal Security Manager at each airport in the
United States described in section 44903(c). The Under
Secretary shall designate individuals as Managers for, and
station those Managers at, those airports.
``(b) Duties and Powers.--The Manager at each airport
shall--
``(1) oversee the screening of passengers and
property at the airport; and
``(2) carry out other duties prescribed by the
Under Secretary.''.
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
provisions 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
that are required to have a door between the
passenger and pilot compartments under title
14, Code of Federal Regulations, except to
authorized persons;
(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
bulkhead 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 access
and egress by authorized persons; 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 modification
of safety and security procedures and flight deck
redesign, as may be necessary to ensure the safety and
security of the aircraft.
(b) Implementation of Other Methods.--As soon as possible
after such date of enactment, the Administrator of the Federal
Aviation Administration may develop and implement methods--
(1) to use video monitors or other devices to alert
pilots in the flight deck to activity in the cabin,
except that the use of such monitors or devices shall
be subject to nondisclosure requirements applicable to
cockpit video recordings under section 1114(c);
(2) to ensure continuous operation of an aircraft
transponder in the event of an emergency; and
(3) to revise the procedures by which cabin crews
of aircraft can notify flight deck crews of security
breaches and other emergencies, including providing for
the installation of switches or other devices or
methods in an aircraft cabin to enable flight crews to
discreetly notify the pilots in the case of a security
breach occurring in the cabin.
(c) Commuter Aircraft.--The Administrator shall investigate
means of securing the flight deck of scheduled passenger
aircraft operating in air transportation or intrastate air
transportation that do not have a rigid fixed door with a lock
between the passenger compartment and the flight deck and issue
such an order as the Administrator deems appropriate to ensure
the inaccessibility, to the greatest extent feasible, of the
flight deck while the aircraft is so operating, taking into
consideration such aircraft operating in regions where there is
minimal threat to aviation security or national security.
SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44917. Deployment of Federal air marshals
``(a) In General.--The Under Secretary of Transportation
for Security under the authority provided by section 44903(d)--
``(1) may provide for deployment of Federal air
marshals on every passenger flight of air carriers in
air transportation or intrastate air transportation;
``(2) shall provide for deployment of Federal air
marshals on every such flight determined by the
Secretary to present high security risks;
``(3) shall provide for appropriate training,
supervision, and equipment of Federal air marshals;
``(4) shall require air carriers providing flights
described in paragraph (1) to provide seating for a
Federal air marshal on any such flight without regard
to the availability of seats on the flight and at no
cost to the United States Government or the marshal;
``(5) may require air carriers to provide, on a
space-available basis, to an off-duty Federal air
marshal a seat on a flight to the airport nearest the
marshal's home at no cost to the marshal or the United
States Government if the marshal is traveling to that
airport after completing his or her security duties;
``(6) may enter into agreements with Federal,
State, and local agencies under which appropriately-
trained law enforcement personnel from such agencies,
when traveling on a flight of an air carrier, will
carry a firearm and be prepared to assist Federal air
marshals;
``(7) shall establish procedures to ensure that
Federal air marshals are made aware of any armed or
unarmed law enforcement personnel on board an aircraft;
and
``(8) may appoint--
``(A) an individual who is a retired law
enforcement officer;
``(B) an individual who is a retired member
of the Armed Forces; and
``(C) an individual who has been furloughed
from an air carrier crew position in the 1-year
period beginning on September 11, 2001;
as a Federal air marshal, regardless of age, if the
individual otherwise meets the background and fitness
qualifications required for Federal air marshals.
``(b) Long Distance Flights.--In making the determination
under subsection (a)(2), nonstop, long distance flights, such
as those targeted on September 11, 2001, should be a priority.
``(c) Interim Measures.--Until the Under Secretary
completes implementation of subsection (a), the Under Secretary
may use, after consultation with and concurrence of the heads
of other Federal agencies and departments, personnel from those
agencies and departments, on a nonreimbursable basis, to
provide air marshal service.''.
(b) Conforming Amendment.--The analysis for chapter 449 of
such title is amended by adding after the item relating to
section 44916 the following:
``44917. Deployment of Federal air marshals.''.
(c) Basic Pay Defined.--Section 8331(3)(E) of title 5,
United States Code, is amended to read as follows:
``(E) availability pay--
``(i) received by a criminal
investigator under section 5545a of
this title; or
``(ii) received after September 11,
2001, by a Federal air marshal of the
Department of Transportation, subject
to all restrictions and earning
limitations imposed on criminal
investigators under section 5545a;''.
SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.
(a) In General.--Section 44903 of title 49, United States
Code, is amended by adding at the end the following:
``(h) Improved Airport Perimeter Access Security.--
``(1) In general.--The Under Secretary, in
consultation with the airport operator and law
enforcement authorities, may order the deployment 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 airport, or to meet
national security concerns.
``(2) Security of aircraft and ground access to
secure areas.--In determining where to deploy such
personnel, the Under Secretary shall consider the
physical security needs of air traffic control
facilities, parked aircraft, aircraft servicing
equipment, aircraft supplies (including fuel),
automobile parking facilities within airport perimeters
or adjacent to secured facilities, and access and
transition areas at airports served by other means of
ground or water transportation.
``(3) Deployment of federal law enforcement
personnel.--The Secretary may enter into a memorandum
of understanding or other agreement with the Attorney
General or the head of any other appropriate Federal
law enforcement agency to deploy Federal law
enforcement personnel at an airport in order to meet
aviation safety and security concerns.
``(4) Airport perimeter screening.--The Under
Secretary--
``(A) shall require, as soon as practicable
after the date of enactment of this subsection,
screening or inspection of all individuals,
goods, property, vehicles, and other equipment
before entry into a secured area of an airport
in the United States described in section
44903(c);
``(B) shall prescribe specific requirements
for such screening and inspection that will
assure at least the same level of protection as
will result from screening of passengers and
their baggage;
``(C) shall establish procedures to ensure
the safety and integrity of--
``(i) all persons providing
services with respect to aircraft
providing passenger air transportation
or intrastate air transportation and
facilities of such persons at an
airport in the United States described
in section 44903(c);
``(ii) all supplies, including
catering and passenger amenities,
placed aboard such aircraft, including
the sealing of supplies to ensure easy
visual detection of tampering; and
``(iii) all persons providing such
supplies and facilities of such
persons;
``(D) shall require vendors having direct
access to the airfield and aircraft to develop
security programs; and
``(E) may provide for the use of biometric
or other technology that positively verifies
the identity of each employee and law
enforcement officer who enters a secure area of
an airport.''.
(b) Small and Medium Airports.--
(1) Technical support and financial assistance.--
The Under Secretary of Transportation for Security
shall develop a plan to--
(A) provide technical support to airports,
each of which had less than 1 percent of the
total annual enplanements in the United States
for the most recent calendar year for which
data is available, to enhance security
operations; and
(B) provide financial assistance to those
airports to defray the costs of enhancing
security.
(2) Removal of certain restrictions.--
(A) Certification by operator.--If the
operator of an airport described in paragraph
(1), after consultation with the appropriate
State and local law enforcement authorities,
determines that safeguards are in place to
sufficiently protect public safety, and so
certifies in writing to the Under Secretary,
then any security rule, order, or other
directive restricting the parking of passenger
vehicles shall not apply at that airport after
the applicable time period specified in
subparagraph (B), unless the Under Secretary,
taking into account individual airport
circumstances, notifies the airport operator
that the safeguards in place do not adequately
respond to specific security risks and that the
restriction must be continued in order to
ensure public safety.
(B) Countermand period.--The time period
within which the Secretary may notify an
airport operator, after receiving a
certification under subparagraph (A), that a
restriction must be continued in order to
ensure public safety at the airport is--
(i) 15 days for a nonhub airport
(as defined in section 41714(h) of
title 49, United States Code);
(ii) 30 days for a small hub
airport (as defined in such section);
(iii) 60 days for a medium hub
airport (as defined in such section);
and
(iv) 120 days for an airport that
had at least 1 percent of the total
annual enplanements in the United
States for the most recent calendar
year for which data is available.
(c) Improvement of Secured-Area Access Control.--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 ``weaknesses;'';
(2) by striking subparagraph (D) and inserting the
following:
``(D) on an ongoing basis, assess and test
for compliance with access control
requirements, report annually findings of the
assessments, and assess the effectiveness of
penalties in ensuring compliance with security
procedures and take any other appropriate
enforcement actions when noncompliance is
found;'';
(3) by striking ``program by January 31, 2001;'' in
subparagraph (F) and inserting ``program;''; 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, baggage
handling areas, concessions, and catering
delivery areas) to ensure the security of
passengers and aircraft and consider the
deployment of biometric or similar technologies
that identify individuals based on unique
personal characteristics.''.
(d) Airport Security Pilot Program.--Section 44903(c) of
title 49, United States Code, is amended by adding at the end
the following:
``(3) Pilot programs.--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 airports. Such
technology may include biometric or other technology
that ensures only authorized access to secure areas.''.
(e) Airport Security Awareness Programs.--The Under
Secretary of Transportation for Security shall require
scheduled passenger air carriers, and airports in the United
States described in section 44903(c) to develop security
awareness programs for airport employees, ground crews, gate,
ticket, and curbside agents of the air carriers, and other
individuals employed at such airports.
SEC. 107. CREW TRAINING.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44918. Crew training
``(a) In General.--Not later than 60 days after the date of
enactment of the Aviation and Transportation Security Act, the
Administrator of the Federal Aviation Administration, in
consultation with the Under Secretary of Transportation for
Security, appropriate law enforcement, security, and terrorism
experts, representatives of air carriers and labor
organizations representing individuals employed in commercial
aviation, shall develop detailed guidance for a scheduled
passenger air carrier flight and cabin crew training program to
prepare crew members for potential threat conditions.
``(b) Program Elements.--The guidance shall require such a
program to include, at a minimum, elements that address the
following:
``(1) Determination of the seriousness of any
occurrence.
``(2) Crew communication and coordination.
``(3) Appropriate responses to defend oneself.
``(4) Use of protective devices assigned to crew
members (to the extent such devices are required by the
Administrator or Under Secretary).
``(5) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
``(6) Live situational training exercises regarding
various threat conditions.
``(7) Flight deck procedures or aircraft maneuvers
to defend the aircraft.
``(8) Any other subject matter deemed appropriate
by the Administrator.
``(c) Air Carrier Programs.--Within 60 days after the
Administrator issues the guidance under subsection (a) in final
form, each air carrier shall develop a flight and cabin crew
training program in accordance with that guidance and submit it
to the Administrator for approval. Within 30 days after
receiving an air carrier's program under this subsection, the
Administrator shall review the program and approve it or
require the air carrier to make any revisions deemed necessary
by the Administrator for the program to meet the guidance
requirements.
``(d) Training.--Within 180 days after the Administrator
approves the training program developed by an air carrier under
this section, the air carrier shall complete the training of
all flight and cabin crews in accordance with that program.
``(e) Updates.--The Administrator shall update the training
guidance issued under subsection (a) from time to time to
reflect new or different security threats and require air
carriers to revise their programs accordingly and provide
additional training to their flight and cabin crews.''.
(b) Conforming Amendment.--The chapter analysis for chapter
449 of title 49, United States Code, is amended by inserting
after the item relating to section 44917 the following:
``44918. Crew training.''.
SEC. 108. SECURITY SCREENING BY PRIVATE COMPANIES.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44919. Security screening pilot program
``(a) Establishment of Program.--The Under Secretary shall
establish a pilot program under which, upon approval of an
application submitted by an operator of an airport, the
screening of passengers and property at the airport under
section 44901 will be carried out by the screening personnel of
a qualified private screening company under a contract entered
into with the Under Secretary.
``(b) Period of Pilot Program.--The pilot program under
this section shall begin on the last day of the 1-year period
beginning on the date of enactment of this section and end on
the last day of the 3-year period beginning on such date of
enactment.
``(c) Applications.--An operator of an airport may submit
to the Under Secretary an application to participate in the
pilot program under this section.
``(d) Selection of Airports.--From among applications
submitted under subsection (c), the Under Secretary may select
for participation in the pilot program not more than 1 airport
from each of the 5 airport security risk categories, as defined
by the Under Secretary.
``(e) Supervision of Screened Personnel.--The Under
Secretary shall provide Federal Government supervisors to
oversee all screening at each airport participating in the
pilot program under this section and provide Federal Government
law enforcement officers at the airport pursuant to this
chapter.
``(f) Qualified Private Screening Company.--A private
screening company is qualified to provide screening services at
an airport participating in the pilot program under this
section if the company will only employ individuals to provide
such services who meet all the requirements of this chapter
applicable to Federal Government personnel who perform
screening services at airports under this chapter and will
provide compensation and other benefits to such individuals
that are not less than the level of compensation and other
benefits provided to such Federal Government personnel in
accordance with this chapter.
``(g) Standards for Private Screening Companies.--The Under
Secretary may enter into a contract with a private screening
company to provide screening at an airport participating in the
pilot program under this section only if the Under Secretary
determines and certifies to Congress that the private screening
company is owned and controlled by a citizen of the United
States, to the extent that the Under Secretary determines that
there are private screening companies owned and controlled by
such citizens.
``(h) Termination of Contracts.--The Under Secretary may
terminate any contract entered into with a private screening
company to provide screening services at an airport under the
pilot program if the Under Secretary finds that the company has
failed repeatedly to comply with any standard, regulation,
directive, order, law, or contract applicable to the hiring or
training of personnel to provide such services or to the
provision of screening at the airport.
``(i) Election.--If a contract is in effect with respect to
screening at an airport under the pilot program on the last day
of the 3-year period beginning on the date of enactment of this
section, the operator of the airport may elect to continue to
have such screening carried out by the screening personnel of a
qualified private screening company under a contract entered
into with the Under Secretary under section 44920 or by Federal
Government personnel in accordance with this chapter.
``Sec. 44920. Security screening opt-out program
``(a) In General.--On or after the last day of the 2-year
period beginning on the date on which the Under Secretary
transmits to Congress the certification required by section
110(c) of the Aviation and Transportation Security Act, an
operator of an airport may submit to the Under Secretary an
application to have the screening of passengers and property at
the airport under section 44901 to be carried out by the
screening personnel of a qualified private screening company
under a contract entered into with the Under Secretary.
``(b) Approval of Applications.--The Under Secretary may
approve any application submitted under subsection (a).
``(c) Qualified Private Screening Company.--A private
screening company is qualified to provide screening services at
an airport under this section if the company will only employ
individuals to provide such services who meet all the
requirements of this chapter applicable to Federal Government
personnel who perform screening services at airports under this
chapter and will provide compensation and other benefits to
such individuals that are not less than the level of
compensation and other benefits provided to such Federal
Government personnel in accordance with this chapter.
``(d) Standards for Private Screening Companies.--The Under
Secretary may enter into a contract with a private screening
company to provide screening at an airport under this section
only if the Under Secretary determines and certifies to
Congress that--
``(1) the level of screening services and
protection provided at the airport under the contract
will be equal to or greater than the level that would
be provided at the airport by Federal Government
personnel under this chapter; and
``(2) the private screening company is owned and
controlled by a citizen of the United States, to the
extent that the Under Secretary determines that there
are private screening companies owned and controlled by
such citizens.
``(e) Supervision of Screened Personnel.--The Under
Secretary shall provide Federal Government supervisors to
oversee all screening at each airport at which screening
services are provided under this section and provide Federal
Government law enforcement officers at the airport pursuant to
this chapter.
``(g) Termination of Contracts.--The Under Secretary may
terminate any contract entered into with a private screening
company to provide screening services at an airport under this
section the pilot program if the Under Secretary finds that the
company has failed repeatedly to comply with any standard,
regulation, directive, order, law, or contract applicable to
the hiring or training of personnel to provide such services or
to the provision of screening at the airport.
(b) Clerical Amendment.--The analysis for such subchapter
is amended by adding after the item relating to section 44918
the following:
``44919. Security screening pilot program.
``44920. Security screening opt-out program.''.
SEC. 109. ENHANCED SECURITY MEASURES.
(a) In General.--The Under Secretary of Transportation for
Security may take the following actions:
(1) Require effective 911 emergency call capability
for telephones serving passenger aircraft and passenger
trains.
(2) Establish a uniform system of identification
for all State and local law enforcement personnel for
use in obtaining permission to carry weapons in
aircraft cabins and in obtaining access to a secured
area of an airport, if otherwise authorized to carry
such weapons.
(3) Establish requirements to implement trusted
passenger programs and use available technologies to
expedite the security screening of passengers who
participate in such programs, thereby allowing security
screening personnel to focus on those passengers who
should be subject to more extensive screening.
(4) In consultation with the Commissioner of the
Food and Drug Administration, develop alternative
security procedures under which a medical product to be
transported on a flight of an air carrier would not be
subject to an inspection that would irreversibly damage
the product.
(5) Provide for the use of technologies, including
wireless and wire line data technologies, to enable the
private and secure communication of threats to aid in
the screening of passengers and other individuals on
airport property who are identified on any State or
Federal security-related data base for the purpose of
having an integrated response coordination of various
authorized airport security forces.
(6) In consultation with the Administrator of the
Federal Aviation Administration, consider whether to
require all pilot licenses to incorporate a photograph
of the license holder and appropriate biometric
imprints.
(7) Provide for the use of voice stress analysis,
biometric, or other technologies to prevent a person
who might pose a danger to air safety or security from
boarding the aircraft of an air carrier or foreign air
carrier in air transportation or intrastate air
transportation.
(8) Provide for the use of technology that will
permit enhanced instant communications and information
between airborne passenger aircraft and appropriate
individuals or facilities on the ground.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, and annually thereafter until the Under
Secretary has implemented or decided not to take each of the
actions specified in subsection (a), the Under Secretary shall
transmit to Congress a report on the progress of the Under
Secretary in evaluating and taking such actions, including any
legislative recommendations that the Under Secretary may have
for enhancing transportation security.''.
SEC. 110. SCREENING.
(a) 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 or neutralize nonexplosive weapons, such as
biological, chemical, or similar substances; and
``(7) to evaluate such additional measures as may
be appropriate to enhance inspection of passengers,
baggage, and cargo.''.
(b) Passengers and Property.--Section 44901 of title 49,
United States Code, is amended--
(1) by redesignating subsection (c) as subsection
(h); and
(2) by striking subsections (a) and (b) and
inserting the following:
``(a) In General.--The Under Secretary of Transportation
for Security shall provide for the screening of all passengers
and property, including United States mail, cargo, carry-on and
checked baggage, and other articles, that will be carried
aboard a passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation. In the case of flights and flight segments
originating in the United States, the screening shall take
place before boarding and shall be carried out by a Federal
Government employee (as defined in section 2105 of title 5,
United States Code), except as otherwise provided in section
44919 or 44920 and except for identifying passengers and
baggage for screening under the CAPPS and known shipper
programs and conducting positive bag-match programs.
``(b) Supervision of Screening.--All screening of
passengers and property at airports in the United States where
screening is required under this section shall be supervised by
uniformed Federal personnel of the Transportation Security
Administration who shall have the power to order the dismissal
of any individual performing such screening.
``(c) Checked Baggage.--A system must be in operation to
screen all checked baggage at all airports in the United States
as soon as practicable but not later than the 60th day
following the date of enactment of the Aviation and
Transportation Security Act.
``(d) Explosive Detection Systems.--
``(1) In general.--The Under Secretary of Transportation
for Security shall take all necessary action to ensure that--
``(A) explosive detection systems are
deployed as soon as possible to ensure that all
United States airports described in section
44903(c) have sufficient explosive detection
systems to screen all checked baggage no later
than December 31, 2002, and that as soon as
such systems are in place at an airport, all
checked baggage at the airport is screened by
those systems; and
``(B) all systems deployed under
subparagraph (A) are fully utilized; and
``(C) if explosive detection equipment at
an airport is unavailable, all checked baggage
is screened by an alternative means.
``(e) Mandatory Screening Where EDS Not Yet Available.--As
soon as practicable but not later than the 60th day following
the date of enactment of the Aviation and Transportation
Security Act and until the requirements of subsection (b)(1)(A)
are met, the Under Secretary shall require alternative means
for screening any piece of checked baggage that is not screened
by an explosive detection system. Such alternative means may
include 1 or more of the following:
``(1) A bag-match program that ensures that no
checked baggage is placed aboard an aircraft unless the
passenger who checked the baggage is aboard the
aircraft.
``(2) Manual search.
``(3) Search by canine explosive detection units in
combination with other means.
``(4) Other means or technology approved by the
Under Secretary.
``(f) Cargo Deadline.--A system must be in operation to
screen, inspect, or otherwise ensure the security of all cargo
that is to be transported in all-cargo aircraft in air
transportation and intrastate air transportation as soon as
practicable after the date of enactment of the Aviation and
Transportation Security Act.
``(g) Deployment of Armed Personnel.--
``(1) In general.--The Under Secretary 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 airports
required to enter into agreements under subsection (c),
the Under Secretary shall order the deployment 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 annual
passenger enplanements for the most recent calendar
year for which data are available, the Under Secretary
shall order the deployment of additional law
enforcement personnel at airport security screening
locations if the Under Secretary determines that the
additional deployment is necessary to ensure passenger
safety and national security.''.
(c) Deadline for Deployment of Federal Screeners.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Under Secretary of
Transportation for Security shall deploy at all
airports in the United States where screening is
required under section 44901 of title 49, United States
Code, a sufficient number of Federal screeners, Federal
Security Managers, Federal security personnel, and
Federal law enforcement officers to conduct the
screening of all passengers and property under section
44901 of such title at such airports.
(2) Certification to congress.--Not later than 1
year after the date of enactment of this Act, the Under
Secretary shall transmit to Congress a certification
that the requirement of paragraph (1) has been met.
(d) Reports.--
(1) Deployment.--Within 6 months after the date of
enactment of this Act, the Under Secretary of
Transportation for Security shall report to
the Committee on Commerce, Science, and Transportation of the Senate and
to the Committee on Transportation and Infrastructure of the House of
Representatives on the deployment of the systems required by section
44901(c) of title 49, United States Code. The Under Secretary shall
include in the report--
(A) an installation schedule;
(B) the dates of installation of each
system; and
(C) the date on which each system installed
is operational.
(2) Screening of small aircraft.--Within 1 year
after the date of enactment of this Act, the Under
Secretary of Transportation for Security shall transmit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and Committee on
Transportation and Infrastructure of the House of
Representatives on the screening requirements
applicable to passengers boarding, and property being
carried aboard, aircraft with 60 seats or less used in
scheduled passenger service with recommendations for
any necessary changes in those requirements.
SEC. 111. 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 subsection
(i); and
(2) by striking subsection (e) and inserting the
following:
``(e) Security Screeners.--
``(1) Training program.--The Under Secretary of
Transportation for Security shall establish a program
for the hiring and training of security screening
personnel.
``(2) Hiring.--
``(A) Qualifications.--Within 30 days after
the date of enactment of the aviation
Transportation Security Act, the Under
Secretary shall establish qualification
standards for individuals to be hired by the
United States as security screening personnel.
Notwithstanding any provision of law, those
standards shall require, at a minimum, an
individual--
``(i) to have a satisfactory or
better score on a Federal security
screening personnel selection
examination;
``(ii) to be a citizen of the
United States;
``(iii) to meet, at a minimum, the
requirements set forth in subsection
(f);
``(iv) to meet such other
qualifications as the Under Secretary
may establish; and
``(v) to have the ability to
demonstrate daily a fitness for duty
without any impairment due to illegal
drugs, sleep deprivation, medication,
or alcohol.
``(B) Background checks.--The Under
Secretary shall require that an individual to
be hired as a security screener undergo an
employment investigation (including a criminal
history record check) under section
44936(a)(1).
``(C) Disqualification of individuals who
present national security risks.--The Under
Secretary, 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 presents a
threat to national security is employed as a
security screener.
``(3) Examination; review of existing rules.--The
Under Secretary shall develop a security screening
personnel examination for use in determining the
qualification of individuals seeking employment as
security screening personnel. The Under Secretary shall
also review, and revise as necessary, any standard,
rule, or regulation governing the employment of
individuals as security screening personnel.
``(f) Employment Standards for Screening Personnel.--
``(1) Screener requirements.--Notwithstanding any
provision of law, an individual may not be deployed as
a security screener unless that individual meets the
following requirements:
``(A) The individual shall possess a high
school diploma, a general equivalency diploma,
or experience that the Under Secretary has
determined to be sufficient for the individual
to perform the duties of the position.
``(B) The individual shall possess basic
aptitudes and physical abilities, including
color perception, visual and aural acuity,
physical coordination, and motor skills, to the
following standards:
``(i) Screeners operating screening
equipment shall be able to distinguish
on the screening equipment monitor the
appropriate imaging standard specified
by the Under Secretary.
``(ii) Screeners operating any
screening 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 audible alarms generated by
screening equipment in an active
checkpoint environment.
``(iv) Screeners performing
physical searches or other related
operations shall be able to efficiently
and thoroughly manipulate and handle
such baggage, containers, and other
objects subject to security processing.
``(v) Screeners who perform pat-
downs or hand-held metal detector
searches of individuals shall have
sufficient dexterity and capability to
thoroughly conduct those procedures
over an 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
instructions regarding the proper
performance of screening duties;
``(ii) read English language
identification media, credentials,
airline tickets, and labels on items
normally encountered in the screening
process;
``(iii) provide direction to and
understand and answer questions from
English-speaking individuals undergoing
screening; and
``(iv) write incident reports and
statements and log entries into
security records in the English
language.
``(D) The individual shall have
satisfactorily completed all initial,
recurrent, and appropriate specialized training
required by the security program, except as
provided in paragraph (3).
``(2) Veterans preference.--The Under Secretary
shall provide a preference for the hiring of an
individual as a security screener if the individual is
a member or former member of the armed forces and if
the individual is entitled, under statute, to retired,
retirement, or retainer pay on account of service as a
member of the armed forces.
``(3) Exceptions.--An individual who has not
completed the training required by this section may be
deployed during the on-the-job portion of training to
perform functions if that individual--
``(A) is closely supervised; and
``(B) does not make independent judgments
as to whether individuals or property may enter
a sterile area or aircraft without further
inspection.
``(4) Remedial training.--No individual employed as
a security screener may perform a screening function
after that individual has failed an operational test
related to that function until that individual has
successfully completed the remedial training specified
in the security program.
``(5) Annual proficiency review.--The Under
Secretary shall provide that an annual evaluation of
each individual assigned screening duties is conducted
and documented. An individual employed as a security
screener may not continue to be employed in that
capacity unless the evaluation demonstrates that the
individual--
``(A) continues to meet all qualifications
and standards required to perform a screening
function;
``(B) has a satisfactory record of
performance and attention to duty based on the
standards and requirements in the security
program; and
``(C) demonstrates the current knowledge
and skills necessary to courteously,
vigilantly, and effectively perform screening
functions.
``(6) Operational testing.--In addition to the
annual proficiency review conducted under paragraph
(5), the Under Secretary shall provide for the
operational testing of such personnel.
``(g) Training.--
``(1) Use of other agencies.--The Under Secretary
may enter into a memorandum of understanding or other
arrangement with any other Federal agency or department
with appropriate law enforcement responsibilities, to
provide personnel, resources, or other forms of
assistance in the training of security screening personnel.
``(2) Training plan.--Within 60 days after the date
of enactment of the Aviation and Transportation
Security Act, the Under Secretary shall develop a plan
for the training of security screening personnel. The
plan shall require, at a minimum, that a security
screener--
``(A) has completed 40 hours of classroom
instruction or successfully completed a program
that the Under Secretary determines will train
individuals to a level of proficiency
equivalent to the level that would be achieved
by such classroom instruction;
``(B) has completed 60 hours of on-the-job
instructions; and
``(C) has successfully completed an on-the-
job training examination prescribed by the
Under Secretary.
``(3) Equipment-specific training.--An individual
employed as a security screener may not use any
security screening device or equipment in the scope of
that individual's employment unless the individual has
been trained on that device or equipment and has
successfully completed a test on the use of the device
or equipment.
``(h) Technological Training.--
``(1) In general.--The Under Secretary 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.
``(2) Periodic assessments.--The Under Secretary
shall make periodic assessments to determine if there
are dual use items and inform security screening
personnel of the existence of such items.
``(3) Current lists of dual use items.--Current
lists of dual use items shall be part of the ongoing
training for screeners.
``(4) Dual use defined.--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.
``(i) Limitation on Right To Strike.--An individual that
screens passengers or property, or both, at an airport under
this section may not participate in a strike, or assert the
right to strike, against the person (including a governmental
entity) employing such individual to perform such screening.
``(j) Uniforms.--The Under Secretary shall require any
individual who screens passengers and property pursuant to
section 44901 to be attired while on duty in a uniform approved
by the Under Secretary.''.
(b) Conforming Amendments.--Section 44936(a)(1) of title
49, United States Code, is amended--
(1) in subparagraph (A) by inserting ``as a
security screener under section 44935(e) or a
position'' after ``a position''; and
(2) in subparagraph (E) by striking clause (iv).
(c) Transition.--The Under Secretary of Transportation for
Security shall complete 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
Under Secretary may make or continue such arrangements for the
training of security screeners under that section as the Under
Secretary determines necessary pending full implementation of
that section as so amended.
(d) Screener Personnel.--Notwithstanding any other
provision of law, the Under Secretary of Transportation for
Security 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 Under
Secretary determines to be necessary to carry out the screening
functions of the Under Secretary under section 44901 of title
49, United States Code. The Under Secretary shall establish
levels of compensation and other benefits for individuals so
employed.
SEC. 112. 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), respectively, and
inserting after subparagraph (C) the following:
``(D) the potential release of chemical,
biological, 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 allocation of funds
for engineering, research, and development with respect to
security technology under the program.
``(C) The individual designated under subparagraph (A)
shall, on an annual basis, submit to the Research, Engineering
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,
research, 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, research, and
development with respect to such technologies.''.
(2) Review of threats.--Subsection (b)(1) of that
section is further amended--
(A) by redesignating subparagraphs (A)
through (G) as subparagraphs (B) through (H)
respectively; and
(B) by inserting before subparagraph (B),
as so redesignated, the following new
subparagraph (A):
``(A) a comprehensive systems analysis (employing
vulnerability analysis, threat attribute definition,
and technology roadmaps) of the civil aviation system,
including--
``(i) the destruction, commandeering, or
diversion of civil aircraft or the use of civil
aircraft 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 Administrator
shall establish a scientific advisory panel, as a subcommittee
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, commercial aviation facilities,
commercial aviation personnel and passengers, and other
components of the commercial aviation system by the next
generation of terrorist weapons.
``(2)(A) The advisory panel shall consist of individuals
who have scientific and technical expertise in--
``(i) the development and testing of effective
explosive detection systems;
``(ii) aircraft structure and experimentation to
decide on the type and minimum weights of explosives
that an effective explosive detection technology must
be capable of detecting;
``(iii) technologies involved in minimizing
airframe 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 academia and the
national laboratories, as appropriate.
``(3) The Administrator shall organize the advisory panel
into teams capable of undertaking the review of policies and
technologies upon request.
``(4) Not later than 90 days after the date of the
enactment of the Aviation and Transportation 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.''.
SEC. 113. FLIGHT SCHOOL SECURITY.
(a) In General.--Subchapter II of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 44939. Training to operate certain aircraft
``(a) Waiting Period.--A person subject to regulation under
this part may provide training in the operation of any aircraft
having a maximum certificated takeoff weight of 12,500 pounds
or more to an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to
any other individual specified by the Under Secretary of
Transportation for Security only if--
``(1) that person has first notified the Attorney
General that the individual has requested such training
and furnished the Attorney General with that
individual's identification in such form as the
Attorney General may require; and
``(2) the Attorney General has not directed, within
45 days after being notified under paragraph (1), that
person not to provide the requested training because
the Attorney General has determined that the individual
presents a risk to aviation or national security.
``(b) Interruption of Training.--If the Attorney General,
more than 45 days after receiving notification under subsection
(a) from a person providing training described in subsection
(a), determines that the individual presents a risk to aviation
or national security, the Attorney General shall immediately
notify the person providing the training of the determination
and that person shall immediately terminate the training.
``(c) Covered Training.--For the purposes of subsection
(a), training includes in-flight training, training in a
simulator, and any other form or aspect of training.
``(d) Security Awareness Training for Employees.--The Under
Secretary shall require flight schools to conduct a security
awareness program for flight school employees to increase their
awareness of suspicious circumstances and activities of
individuals enrolling in or attending flight school.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``44939. Training to operate certain aircraft.''.
(c) International Cooperation.--The Secretary of
Transportation, in consultation with the Secretary of State,
shall work with the International Civil Aviation Organization
and the civil aviation authorities of other countries to
improve international aviation security through screening
programs for flight instruction candidates.
(d) Effective Date.--The amendment made by subsection (a)
applies to applications for training received after the date of
enactment of this Act.
SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY PERSONNEL.
(a) In General.--Chapter 465 of title 49, United States
Code, is amended by inserting after section 46502 the
following:
``Sec. 46503. Interference with security screening personnel
``An individual in an area within a commercial service
airport in the United States who, by assaulting a Federal,
airport, or air carrier employee who has security duties within
the airport, interferes with the performance of the duties of
the employee or lessens the ability of the employee to perform
those duties, shall be fined under title 18, imprisoned for not
more than 10 years, or both. If the individual used a dangerous
weapon in committing the assault or interference, the
individual may be imprisoned for any term of years or life
imprisonment.''.
(b) Conforming Amendment.--The chapter analysis for chapter
465 of such title is amended by inserting after the item
relating to section 46502 the following:
``46503. Interference with security screening personnel''.
SEC. 117. PASSENGER MANIFESTS.
Section 44909 is amended by adding at the end the
following:
``(c) Flights in Foreign Air Transportation to the United
States.--
``(1) In general.--Not later than 60 days after the
date of enactment of the Aviation and Transportation
Security Act, each air carrier and foreign air carrier
operating a passenger flight in foreign air
transportation to the United States shall provide to
the Commissioner of Customs by electronic transmission
a passenger and crew manifest containing the
information specified in paragraph (2). Carriers may
use the advanced passenged information system
established under section 431 of the Tariff Act of 1930
(19 U.S.C. 1431) to provide the information required by
the preceding sentence.
``(2) Information.--A passenger and crew manifest
for a flight required under paragraph (1) shall contain
the following information:
``(A) The full name of each passenger and
crew member.
``(B) The date of birth and citizenship of
each passenger and crew member.
``(C) The sex of each passenger and crew
member.
``(D) The passport number and country of
issuance of each passenger and crew member if
required for travel.
``(E) The United States visa number or
resident alien card number of each passenger
and crew member, as applicable.
``(F) Such other information as the Under
Secretary, in consultation with the
Commissioner of Customs, determines is
reasonably necessary to ensure aviation safety.
``(3) Passenger name records.--The carriers shall
make passenger name record information available to the
Customs Service upon request.
``(4) Transmission of manifest.--Subject to
paragraph (5), a passenger and crew manifest required
for a flight under paragraph (1) shall be transmitted
to the Customs Service in advance of the aircraft
landing in the United States in such manner, time, and
form as the Customs Service prescribes.
``(5) Transmission of manifests to other federal
agencies.--Upon request, information provided to the
Under Secretary or the Customs Service under this
subsection may be shared with other Federal agencies
for the purpose of protecting national security.''.
SEC. 118. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.
(a) In General.--Notwithstanding any provision of section
41309(a) of title 49, United States Code, to the contrary, air
carriers providing air transportation on flights which both
originate and terminate at points within the same State may
file an agreement, request, modification, or cancellation of an
agreement within the scope of that section with the Secretary
of Transportation upon a declaration by the Governor of the
State that such agreement, request, modification, or
cancellation is necessary to ensure the continuing availability
of such air transportation within that State.
(b) Approval of Secretary.--The Secretary may approve any
such agreement, request, modification, or cancellation and
grant an exemption under section 41308(c) of title 49, United
States Code, to the extent necessary to effectuate such
agreement, request, modification, or cancellation, without
regard to the provisions of section 41309(b) or (c) of that
title.
(c) Public Interest Requirement.--The Secretary may approve
such an agreement, request, modification, or cancellation if
the Secretary determines that--
(1) the State to which it relates has extraordinary
air transportation needs and concerns; and
(2) approval is in the public interest.
(d) Termination.--An approval under subsection (b) and an
exemption under section 41308(c) of title 49, United States
Code, granted under subsection (b) shall terminate on the
earlier of the 2 following dates:
(1) A date established by the Secretary in the
Secretary's discretion.
(2) October 1, 2002.
(e) Extension.--Notwithstanding subsection (d), if the
Secretary determines that it is in the public interest, the
Secretary may extend the termination date under subsection
(d)(2) until a date no later than October 1, 2003.
(f) Reports.--If the Secretary approves any such agreement,
request, modification, or cancellation under this section and
grants an exemption, the Secretary shall transmit a report to
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives within 6 months describing what
actions have been taken by the air carriers to which the
exemption was granted. The Secretary shall also notify those
committees if the Secretary extends the termination date under
subsection (e).
SEC. 115. AIRLINE COMPUTER RESERVATION SYSTEMS.
In order to ensure that all airline computer reservation
systems maintained by United States air carriers are secure
from unauthorized access by persons seeking information on
reservations, passenger manifests, or other non-public
information, the Secretary of Transportation shall require all
such air carriers to utilize to the maximum extent practicable
the best technology available to secure their computer
reservation system against such unauthorized access.
SEC. 116. SECURITY SERVICE FEE.
(a) In General.--Subchapter II of chapter 449 is amended by
adding at the end the following:
``Sec. 44940. Security service fee
``(a) General Authority.--
``(1) Passenger fees.--The Under Secretary of
Transportation for Security shall impose a uniform fee,
on passengers of air carriers and foreign air carriers
in air transportation and intrastate air transportation
originating at airports in the United States, to pay
for the following costs of providing civil aviation
security services:
``(A) Salary, benefits, overtime,
retirement and other costs of screening
personnel, their supervisors and managers, and
Federal law enforcement personnel deployed at
airport security screening locations under
section 44901.
``(B) The costs of training personnel
described in subparagraph (A), and the
acquisition, operation, and maintenance of
equipment used by such personnel.
``(C) The costs of performing background
investigations of personnel described in
subparagraphs (A), (D), (F), and (G).
``(D) The costs of the Federal air marshals
program.
``(E) The costs of performing civil
aviation security research and development
under this title.
``(F) The costs of Federal Security
Managers under section 44903.
``(G) The costs of deploying Federal law
enforcement personnel pursuant to section
44903(h).
The amount of such costs shall be determined by the
Under Secretary and shall not be subject to judicial
review.
``(2) Air carrier fees.--
``(A) Authority.--In addition to the fee
imposed pursuant to paragraph (1), and only to
the extent that the Under Secretary estimates
that such fee will be insufficient to pay for
the costs of providing civil aviation security
services described in paragraph (1), the Under
Secretary may impose a fee on air carriers and
foreign air carriers engaged in air
transportation and intrastate air
transportation to pay for the difference
between any such costs and the amount collected
from such fee, as estimated by the Under
Secretary at the beginning of each fiscal year.
The estimates of the Under Secretary under this
subparagraph are not subject to judicial
review.
``(B) Limitations.--
``(i) Overall limit.--The amounts
of fees collected under this paragraph
for each fiscal year may not exceed, in
the aggregate, the amounts paid in
calendar year 2000 by carriers
described in subparagraph (A) for
screening passengers and property, as
determined by the Under Secretary.
``(ii) Per-carrier limit.--The
amount of fees collected under this
paragraph from an air carrier described
in subparagraph (A) for each of fiscal
years 2002, 2003, and 2004 may not
exceed the amount paid in calendar year
2000 by that carrier for screening
passengers and property, as determined
by the Under Secretary.
``(iii) Adjustment of per-carrier
limit.--For fiscal year 2005 and
subsequent fiscal years, the per-
carrier limitation under clause (ii)
may be determined by the Under
Secretary on the basis of market share
or any other appropriate measure in
lieu of actual screening costs in
calendar year 2000.
``(iv) Finality of
determinations.--Determinations of the
Under Secretary under this subparagraph
are not subject to judicial review.
``(C) Special rule for fiscal year 2002.--
The amount of fees collected under this
paragraph from any carrier for fiscal year 2002
may not exceed the amounts paid by that carrier
for screening passengers and property for a
period of time in calendar year 2000
proportionate to the period of time in fiscal
year 2002 during which fees are collected under
this paragraph.
``(b) Schedule of Fees.--In imposing fees under subsection
(a), the Under Secretary shall ensure that the fees are
reasonably related to the Transportation Security
Administration's costs of providing services rendered.
``(c) Limitation on Fee.--Fees imposed under subsection
(a)(1) may not exceed $2.50 per enplanement in air
transportation or intrastate air transportation thatoriginates
at an airport in the United States, except that the total amount of
such fees may not exceed $5.00 per one-way trip.
``(d) Imposition of Fee.--
``(1) In general.--Notwithstanding section 9701 of
title 31 and the procedural requirements of section 553
of title 5, the Under Secretary shall impose the fee
under subsection (a)(1), and may impose a fee under
subsection (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) Special rules passenger fees.--A fee imposed
under subsection (a)(1) through the procedures under
subsection (d) shall apply only to tickets sold after
the date on which such fee is imposed. If a fee imposed
under subsection (a)(1) through the procedures under
subsection (d) on transportation of a passenger of a
carrier described in subsection (a)(1) is not collected
from the passenger, the amount of the fee shall be paid
by the carrier.
``(3) Subsequent modification of fee.--After
imposing a fee in accordance with paragraph (1), the
Under Secretary may modify, from time to time through
publication of notice in the Federal Register, the
imposition or collection of such fee, or both.
``(4) Limitation on collection.--No fee may be
collected under this section except to the extent that
the expenditure of the fee to pay the costs of
activities and services for which the fee is imposed is
provided for in advance in an appropriations Act.
``(e) Administration of Fees.--
``(1) Fees payable to under secretary.--All fees
imposed and amounts collected under this section are
payable to the Under Secretary.
``(2) Fees collected by air carrier.--A fee imposed
under subsection (a)(1) shall be collected by the air
carrier or foreign air carrier that sells a ticket for
transportation described in subsection (a)(1).
``(3) Due date for remittance.--A fee collected
under this section shall be remitted on the last day of
each calendar month by the carrier collecting the fee.
The amount to be remitted shall be for the calendar
month preceding the calendar month in which the
remittance is made.
``(4) Information.--The Under Secretary may require
the provision of such information as the Under
Secretary decides is necessary to verify that fees have
been collected and remitted at the proper times and in
the proper amounts.
``(5) Fee not subject to tax.--For purposes of
section 4261 of the Internal Revenue Code of 1986 (26
U.S.C. 4261), a fee imposed under this section shall
not be considered to be part of the amount paid for
taxable transportation.
``(6) Cost of collecting fee.--No portion of fee
collected under this section may be retained by the air
carrier or foreign air carrier for the costs of
collecting, handling, or remitting the fee except for
interest accruing to the carrier after collection and
before remittance.
``(f) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any fee collected
under this section--
``(1) shall be credited as offsetting collections
to the account that finances the activities and
services for which the fee is imposed;
``(2) shall be available for expenditure only to
pay the costs of activities and services 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.
``(h) Exemptions.--The Under Secretary may exempt from the
passenger fee imposed under subsection (a)(1) any passenger
enplaning at an airport in the United States that does not
receive screening services under section 44901 for that segment
of the trip for which the passenger does not receive
screening.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``44940. Security service fee''.
(c) Specific Authorization of Appropriations.--
(1) 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.
``Sec. 48301. Aviation security funding
``(a) In General.--There are authorized to be appropriated
for fiscal years 2002, 2003, 2004, and 2005 such sums as may be
necessary to carry out chapter 449 and related aviation
security activities under this title. Any amounts appropriated
pursuant to this section for fiscal year 2002 shall remain
available until expended.
``(b) Grants for Aircraft Security.--There is authorized to
be appropriated $500,000,000 for fiscal year 2002 to the
Secretary of Transportation to make grants to or other
agreements with air carriers (including intrastate air
carriers) to--
``(1) fortify cockpit doors to deny access from the
cabin to the pilots in the cockpit;
``(2) provide for the use of video monitors or
other devices to alert the cockpit crew to activity in
the passenger cabin;
``(3) ensure continuous operation of the aircraft
transponder in the event the crew faces an emergency;
and
``(4) provide for the use of other innovative
technologies to enhance aircraft security.''.
(2) Conforming amendment.--The subtitle analysis
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. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.
(a) Limited Use of Airport Improvement Program Funds.--
(1) Airport development funds.--Section 47102(3) of
title 49, United States Code, is amended by adding at
the end the following:
``(J) in fiscal year 2002, any additional
security related activity required by law or by
the Secretary after September 11, 2001, and
before October 1, 2002.
``(K) in fiscal year 2002 with respect to
funds apportioned under section 47114 in fiscal
years 2001 and 2002, any activity, including
operational activities, of an airport that is
not a primary airport if that airport is
located within the confines of enhanced class B
airspace, as defined by Notice to Airmen FDC 1/
0618 issued by the Federal Aviation
Administration and the activity was carried out
when any restriction in the Notice is in
effect.
``(L) in fiscal year 2002, payments for
debt service on indebtedness incurred to
carry out a project at an airport owned or
controlled by the sponsor or at a privately
owned or operated airport passenger terminal
financed by indebtedness incurred by the sponsor
if the Secretary determines that such payments
are necessary to prevent a default on the
indebtedness.''.
(2) Allowable costs.--Section 47110(b)(2) of title
49, United States Code, is amended--
(A) by striking ``or'' in subparagraph (B);
(B) by inserting ``or'' after ``executed;''
in subparagraph (C); and
(C) by adding at the end the following:
``(D) if the cost is incurred after
September 11, 2001, for a project described in
section 47102(3)(J), 47102(3)(K), or
47102(3)(L) and shall not depend upon the date
of execution of a grant agreement made under
this subchapter;''.
(3) Discretionary grants.--Section 47115 of title
49, United States Code, is amended by adding at the end
the following:
``(i) Considerations for Project Under Expanded Security
Eligibility.--In order to assure that funding under this
subchapter is provided to the greatest needs, the Secretary, in
selecting a project described in section 47102(3)(J) for a
grant, shall consider the non-federal resources available to
sponsor, the use of such non-federal resources, and the degree
to which the sponsor is providing increased funding for the
project.''.
(4) Federal share.--Section 47109(a) of title 49,
United States Code, is amended--
(A) by striking ``and'' in paragraph (3);
(B) by striking ``47134.'' in paragraph (4)
and inserting ``47134; and''; and
(C) by adding at the end the following:
``(5) for fiscal year 2002, 100 percent for a
project described in section 47102(3)(J), 47102(3)(K),
or 47102(3)(L).''.
(5) Airport development.--Section 47102(3)(B) of
title 49, United States Code, is amended--
(A) by striking ``and'' at the end of
clause (viii);
(B) by striking the period at the end of
clause (ix) and inserting ``; and''; and
(C) by inserting after clause (ix) the
following new clause:
``(x) replacement of baggage
conveyor systems, and reconfiguration
of terminal baggage areas, that the
Secretary determines are necessary to
install bulk explosive detection
devices.''.
(b) Apportioned Funds.--For the purpose of carrying out
section 47114 of title 49, United States Code, for fiscal year
2003, the Secretary shall use, in lieu of passenger boardings
at an airport during the prior calendar year, the greater of--
(1) the number of passenger boardings at that
airport during 2000; or
(2) the number of passenger boardings at that
airport during 2001.
(c) Expedited Processing of Security-Related PFC
Requests.--The Administrator of the Federal Aviation
Administration shall, to the extent feasible, expedite the
processing and approval of passenger facility fee requests
under subchapter I of chapter 471 of title 49, United States
Code, for projects described in section 47192(3)(J) of title
49, United States Code.
(d) Amendment of General Fee Schedule Provision.--Section
45301(b)(1)(B) of title 49, United States Code, is amended--
(1) by striking ``directly'' and inserting
``reasonably'';
(2) by striking ``Administration's costs'' and
inserting ``Administration's costs, as determined by
the Administrator,''; and
(3) by adding at the end ``The Determination of
such costs by the Administrator is not subject to
judicial review.''.
SEC. 120. CHEMICAL AND BIOLOGICAL WEAPON DETECTION.
Section 44903(c)(2)(C) of title 49, United States Code, is
amended to read as follows:
``(C) Maximum use of chemical and
biological weapon detection equipment.--The
Secretary of Transportation may require
airports to maximize the use of technology and
equipment that is designed to detect or
neutralize potential chemical or biological
weapons.''.
SEC. 121. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS FOR
SECURITY MANDATES.
(a) Airport Security.--There is authorized to be
appropriated to the Secretary of Transportation for fiscal
years 2002 and 2003 a total of $1,500,000,000 to reimburse
airport operators, on-airport parking lots, and vendors of on-
airfield direct services to air carriers for direct costs
incurred by such operators to comply with new, additional, or
revised security requirements imposed on such operators by the
Federal Aviation Administration or Transportation Security
Administration on or after September 11, 2001. Such sums shall
remain available until expended.
(b) Documentation of Costs; Audit.--The Secretary may not
reimburse an airport operator, on-airport parking lot, or
vendor of on-airfield direct services to air carriers under
this section for any cost for which the airport operator, on-
airport parking lot, or vendor of on-airfield direct services
does not demonstrate to the satisfaction of the Secretary,
using sworn financial statements or other appropriate data,
that--
(1) the cost is eligible for reimbursement under
subsection (a); and
(2) the cost was incurred by the airport operator,
on-airport parking lot, or vendor of on-airfield direct
services to air carriers.
The Inspector General of the Department of Transportation and
the Comptroller General of the United States may audit such
statements and may request any other information necessary to
conduct such an audit.
(c) Claim Procedure.--Within 30 days after the date of
enactment of this Act, the Secretary, after consultation with
airport operators, on-airport parking lots, and vendors of on-
airfield direct services to air carriers, shall publish in the
Federal Register the procedures for filing claims for
reimbursement under this section of eligible costs incurred by
airport operators.
SEC. 122. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) an airport receiving Federal financial
assistance should meet with the tenants of the airport
(other than air carriers and foreign air carriers) to
discuss adjustments of the rent of the tenants to
account for losses in revenue incurred by the tenants
on and after September 11, 2001;
(2) an air carrier that received financial
assistance under the Air Transportation Safety and
System Stabilization Act or under title 49, United
States Code, since September 11, 2001, should meet with
airport operators to discuss payment of applicable
rates, charges, and fees; and
(3) the Federal Aviation Administration should
maintain its current restriction on carry-on baggage of
1 bag and 1 personal item.
SEC. 123. AIRPORT IMPROVEMENT PROGRAMS.
(a) Competition Plan.--Section 47106(f) is amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (2) the following:
``(3) Special rule for fiscal year 2002.--This
subsection does not apply to any passenger facility fee
approved, or grant made, in fiscal year 2002 if the fee
or grant is to be used to improve security at a covered
airport.''.
(b) Conforming Amendment to Airport and Airway Trust
Fund.--Section 9502(d)(1)(A) of the Internal Revenue Code of
1986 (relating to airport and airway program) is amended by
inserting ``or the Aviation and Transportation Security Act''
after ``21st Century''.
SEC. 124. TECHNICAL CORRECTIONS.
(a) Report Deadline.--Section 106(a) of the Air
Transportation Safety and System Stabilization Act (Public Law
107-42) is amended by striking ``February 1, 2001'' and
inserting ``February 1, 2002''.
(b) Insurance and Reinsurance of Aircraft.--Section
44306(c) (as redesignated by section 201(d) of such Act) is
amended by inserting ``in the interest of air commerce or
national security or'' before ``to carry out foreign policy''.
(c) Federal Credit Instruments.--Section 102(c)(2)(A) of
such Act is amended by striking ``representatives'' and
inserting ``representations''.
(d) Maximum Amount of Compensation Payable Per Air
Carrier.--Section 103 of such Act is amended by adding at the
end the following:
``(d) Compensation for Certain Air Carriers.--
``(1) Set-aside.--The President may set aside a
portion of the amount of compensation payable to air
carriers under section 101(a)(2) to provide
compensation to classes of air carriers, such as air
tour operators and air ambulances (including hospitals
operating air ambulances) for whom the application of a
distribution formula containing available seat miles as
a factor would inadequately reflect their share of
direct and incremental losses. The President shall
reduce the $4,500,000,000 specified in subsection
(b)(2)(A)(i) by the amount set aside under this
subsection.
``(2) Distribution of amounts.--The President shall
distribute the amount set aside under this subsection
proportionally among such air carriers based on an
appropriate auditable measure, as determined by the
President.''.
SEC. 125. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS
ACTIVITIES.
(a) In General.--Subchapter II of chapter 449 of title 49,
United States Code, is amended by inserting at the end the
following:
``Sec. 44941. Immunity for reporting suspicious activities
``(a) In General.--Any air carrier or foreign air carrier
or any employee of an air carrier or foreign air carrier who
makes a voluntary disclosure of any suspicious transaction
relevant to a possible violation of law or regulation, relating
to air piracy, a threat to aircraft or passenger safety, or
terrorism, as defined by section 3077 of title 18, United
States Code, to any employee or agent of the Department of
Transportation, the Department of Justice, any Federal, State,
or local law enforcement officer, 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
misleading; or
``(2) any disclosure made with reckless disregard
as to the truth or falsity of that disclosure.''.
(b) Conforming Amendment.--The chapter analysis for such
chapter is amended by adding at the end the following:
``44941. Immunity for reporting suspicious activities.''.
SEC. 126. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.
(a) National Institute of Justice Study.--The National
Institute of Justice shall assess the range of less-than-lethal
weaponry available for use by a flight deck crewmember
temporarily to incapacitate an individual who presents a clear
and present danger to the safety of the aircraft, its
passengers, or individuals on the ground and report its
findings and recommendations to the Secretary of Transportation
within 90 days after the date of enactment of this Act.
(b) Arming Flight Deck Crew.--Section 44903 of title 49,
United States Code, is amended by adding at the end the
following:
``(h) Authority To Arm Flight Deck Crew With Less-Than-
Lethal Weapons.--
``(1) In general.--If the Secretary, after
receiving the recommendations of the National Institute
of Justice, determines, with the approval of the
Attorney General and the Secretary of State, that it is
appropriate and necessary and would effectively serve
the public interest in avoiding air piracy, the
Secretary may authorize members of the flight deck crew
on any aircraft providing air transportation or
intrastate air transportation to carry a less-than-
lethal weapon while the aircraft is engaged in
providing such transportation.
``(2) Usage.--If the Secretary grants authority
under paragraph (1) for flight deck crew members to
carry a less-than-lethal weapon while engaged in
providing air transportation or intrastate air
transportation, the Secretary shall--
``(A) prescribe rules requiring that any
such crew member be trained in the proper use
of the weapon; and
``(B) prescribe guidelines setting forth
the circumstances under which such weapons may
be used.''.
SEC. 127. MAIL AND FREIGHT WAIVERS.
(a) In General.--During a national emergency
affecting air transportation or intrastate air
transportation, the Secretary of Transportation, after
consultation with the Transportation Security Oversight
Board, may grant a complete or partial waiver of any
restrictions on the carriage by aircraft of freight,
mail, emergency medical supplies, personnel, or
patients on aircraft, imposed by the Department of
Transportation (or other Federal agency or department)
that would permit such carriage of freight, mail,
emergency medical supplies, personnel, or patients on
flights, to, from, or within a State if the Secretary
determines that--
(1) extraordinary air transportation needs or
concerns exist; and
(2) the waiver is in the public interest, taking
into consideration the isolation of and dependence on
air transportation of the State.
(b) Limitations.--The Secretary may impose reasonable
limitations on any such waiver.
SEC. 128. FLIGHT DECK SECURITY.
The pilot of a passenger aircraft operated by an air
carrier in air transportation or intrastate air transportation
is authorized to carry a firearm into the cockpit if--
(1) the Under Secretary of Transportation for
Security approves;
(2) the air carrier approves;
(3) the firearm is approved by the Under Secretary;
and
(4) the pilot has received proper training for the
use of the firearm, as determined by the Under
Secretary.
SEC. 129. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.
Section 44703(g) of title 49, United States Code, is
amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``pilots'' and inserting
``airmen''; and
(B) by striking the period and inserting
``and related to combating acts of
terrorism.''; and
(2) by adding at the end, the following new
paragraphs:
``(3) For purposes of this section, the term `acts of
terrorism' means an activity that involves a violent act or an
act dangerous to human life that is a violation of the criminal
laws of the Untied States or of any State, or that would be a
criminal violation if committed within the jurisdiction of the
United States or of any State, and appears to be intended to
intimidate or coerce a civilian population to influence the
policy of a government by intimidation or coercion or to affect
the conduct of a government by assassination or kidnaping.
``(4) The Administrator is authorized and directed to work
with State and local authorities, and other Federal agencies,
to assist in the identification of individuals applying for or
holding airmen certificates.''.
SEC. 130. RESULTS-BASED MANAGEMENT.
Subchapter II of chapter 449 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44942. Performance goals and objectives
``(a) Short Term Transition.--
``(1) In general.--Within 180 days after the date
of enactment of the Aviation and Transportation
Security Act, the Under Secretary for Transportation
Security may, in consultation with Congress--
``(A) establish acceptable levels of
performance for aviation security, including
screening operations and access control, and
``(B) provide Congress with an action plan,
containing measurable goals and milestones,
that outlines how those levels of performance
will be achieved.
``(2) Basics of action plan.--The action plan shall
clarify the responsibilities of the Transportation
Security Administration, the Federal Aviation
Administration and any other agency or organization
that may have a role in ensuring the safety and
security of the civil air transportation system.
``(b) Long-Term Results-Based Management.--
``(1) Performance plan and report.--
``(A) Performance plan.--
``(i) Each year, consistent with
the requirements of the Government
Performance and Results Act of 1993
(GPRA), the Secretary and the Under
Secretary for Transportation Security
shall agree on a performance plan for
the succeeding 5 years that establishes
measurable goals and objectives for
aviation security. The plan shall identify
action steps necessary to achieve such goals.
``(ii) In addition to meeting the
requirements of GPRA, the performance
plan should clarify the
responsibilities of the Secretary, the
Under Secretary for Transportation
Security and any other agency or
organization that may have a role in
ensuring the safety and security of the
civil air transportation system.
``(B) Performance report.--Each year,
consistent with the requirements of GPRA, the
Under Secretary for Transportation Security
shall prepare and submit to Congress an annual
report including an evaluation of the extent
goals and objectives were met. The report shall
include the results achieved during the year
relative to the goals established in the
performance plan.
``Sec. 44943. Performance management system
``(a) Establishing a Fair and Equitable System for
Measuring Staff Performance.--The Under Secretary for
Transportation Security shall establish a performance
management system which strengthens the organization's
effectiveness by providing for the establishment of goals and
objectives for managers, employees, and organizational
performance consistent with the performance plan.
``(b) Establishing Management Accountability for Meeting
Performance Goals.--
``(1) In general.--Each year, the Secretary and
Under Secretary of Transportation for Security shall
enter into an annual performance agreement that shall
set forth organizational and individual performance
goals for the Under Secretary.
``(2) Goals.--Each year, the Under Secretary and
each senior manager who reports to the Under Secretary
shall enter into an annual performance agreement that
sets forth organization and individual goals for those
managers. All other employees hired under the authority
of the Under Secretary shall enter into an annual
performance agreement that sets forth organization and
individual goals for those employees.
``(c) Performance-Based Service Contracting.--To the extent
contracts, if any, are used to implement the Aviation Security
Act, the Under Secretary for Transportation Security shall, to
the extent practical, maximize the use of performance-based
service contracts. These contracts should be consistent with
guidelines published by the Office of Federal Procurement
Policy.''.
SEC. 131. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING COMMERCIAL
FLIGHTS.
(a) In General.--Subchapter II of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 44944. Voluntary provision of emergency services
``(a) Program for Provision of Voluntary Services.--
``(1) Program.--The Under Secretary of
Transportation for Transportation Security shall carry
out a program to permit qualified law enforcement
officers, firefighters, and emergency medical
technicians to provide emergency services on commercial
air flights during emergencies.
``(2) Requirements.--The Under Secretary shall
establish such requirements for qualifications of
providers of voluntary services under the program under
paragraph (1), including training requirements, as the
Under Secretary considers appropriate.
``(3) Confidentiality of registry.--If as part of
the program under paragraph (1) the Under Secretary
requires or permits registration of law enforcement
officers, firefighters, or emergency medical
technicians who are willing to provide emergency
services on commercial flights during emergencies, the
Under Secretary shall take appropriate actions to
ensure that the registry is available only to
appropriate airline personnel and otherwise remains
confidential.
``(4) Consultation.--The Under Secretary shall
consult with appropriate representatives of the
commercial airline industry, and organizations
representing community-based law enforcement,
firefighters, and emergency medical technicians, in
carrying out the program under paragraph (1), including
the actions taken under paragraph (3).
``(b) Exemption From Liability.--An individual shall not be
liable for damages in any action brought in a Federal or State
court that arises from an act or omission of the individual in
providing or attempting to provide assistance in the case of an
in-flight emergency in an aircraft of an air carrier if the
individual meets such qualifications as the Under Secretary
shall prescribe for purposes of this section.
``(c) Exception.--The exemption under subsection (b) shall
not apply in any case in which an individual provides, or
attempts to provide, assistance described in thatparagraph in a
manner that constitutes gross negligence or willful misconduct.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``44944. Voluntary provision of emergency services''.
(c) Construction Regarding Possession of Firearms.--Nothing
in this section may be construed to require any modification of
regulations of the Department of Transportation governing the
possession of firearms while in aircraft or air transportation
facilities or to authorize the possession of a firearm in an
aircraft or any such facility not authorized under those
regulations.
SEC. 132. GENERAL AVIATION AND AIR CHARTERS.
(a) Air Charter Program.--Within 90 days after the date of
enactment of this Act, the Under Secretary of Transportation
for Transportation Security shall implement an aviation
security program for charter air carriers (as defined in
section 40102(a)(13) of title 49, United States Code) with a
maximum certificated takeoff weight of 12,500 pounds or more.
(b) General Aviation Program.--Within 30 days after the
date of enactment of this Act, the Under Secretary of
Transportation for Transportation Security shall transmit a
report on airspace and other security measures that can be
deployed, as necessary, to improve general aviation security to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure. The Under Secretary may submit the report
in both classified and redacted forms.
SEC. 133. DEFINITIONS.
Except as otherwise explicitly provided, any term used in
this title that is defined in section 40102 of title 49, United
States Code, has the meaning given that term in that section.
SEC. 134. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.
(a) Flight Service Station Employees.--It is the sense of
Congress that the Administrator of the Federal Aviation
Administration should continue negotiating in good faith with
flight service station employees of the Administration with a
goal of reaching agreement on a contract as soon as possible.
(b) War Risk Insurance.--It is the sense of Congress that
the Secretary of Transportation should implement section 202 of
the Air Transportation Safety and System Stabilization Act
(Public Law 107-42) so as to make war risk insurance directly
available to vendors, agents, and subcontractors of air
carriers for all of their domestic operations.
SEC. 135. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that--
(1) the Under Secretary of Transportation for
Security should develop security procedures to allow
passengers transporting a musical instrument on a
flight of an air carrier to transport the instrument in
the passenger cabin of the aircraft, notwithstanding
any size or other restriction on carry-on baggage but
subject to such other reasonable security procedures,
terms, and conditions as may be established by the
Under Secretary or the air carrier, including imposing
additional charges by the air carrier; and
(2) an air carrier that transports mail under a
contract with the United States Postal Service should
transport any animal that the Postal Service allows to
be shipped through the mail.
SEC. 136. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECURITY
TECHNOLOGIES AND PROCEDURES.
Section 44903 of title 49, United States Code, is amended
by adding at the end the following:
``(i) Short-Term Assessment and Deployment of Emerging
Security Technologies and Procedures.--
``(1) In general.--The Under Secretary of
Transportation for Security shall recommend to airport
operators, within 6 months after the date of enactment
of the Aviation and Transportation Security Act,
commercially available measures or procedures to
prevent access to secure airport areas by unauthorized
persons. As part of the 6-month assessment, the Under
Secretary for Transportation Security shall--
``(A) review the effectiveness of
biometrics systems currently in use at several
United States airports, including San Francisco
International;
``(B) review the effectiveness of increased
surveillance at access points;
``(C) review the effectiveness of card- or
keypad-based access systems;
``(D) review the effectiveness of airport
emergency exit systems and determine whether
those that lead to secure areas of the airport
should be monitored or how breaches can be
swiftly responded to; and
``(E) specifically target the elimination
of the `piggy-backing' phenomenon, where
another person follows an authorized person
through the access point.
The 6-month assessment shall include a 12-month
deployment strategy for currently available technology
at all category X airports, as defined in the Federal
Aviation Administration approved air carrier security
programs required under part 108 of title 14, Code of
Federal Regulations. Not later than 18 months after the
date of enactment of this Act, the Secretary of
Transportation shall conduct a review of reductions in
unauthorized access at these airports.
``(2) Computer-assisted passenger prescreening
system.--
``(A) In general.--The Secretary of
Transportation shall ensure that the Computer-
Assisted Passenger Prescreening System, or any
successor system--
``(i) is used to evaluate all
passengers before they board an
aircraft; and
``(ii) includes procedures to
ensure that individuals selected by the
system and their carry-on and checked
baggage are adequately screened.
``(B) Modifications.--The Secretary of
Transportation may modify any requirement under
the Computer-Assisted Passenger Prescreening
System for flights that originate and terminate
within the same State, if the Secretary
determines that--
``(i) the State has extraordinary
air transportation needs or concerns
due to its isolation and dependence on
air transportation; and
``(ii) the routine characteristics
of passengers, given the nature of the
market, regularly triggers primary
selectee status.''.
SEC. 137. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY TECHNOLOGY.
(a) Funding.--To augment the programs authorized in section
44912(a)(1) of title 49, United States Code, there is
authorized to be appropriated an additional $50,000,000 for
each of fiscal years 2002 through 2006 and such sums as are
necessary for each fiscal year thereafter to the Transportation
Security Administration, for research, development, testing,
and evaluation of the following technologies which may enhance
aviation security in the future. Grants to industry, academia,
and Government entities to carry out the provisions of this
section shall be available for fiscal years 2002 and 2003 for--
(1) the acceleration of research, development,
testing, and evaluation of explosives detection
technology for checked baggage, specifically,
technology that is--
(A) more cost-effective for deployment for
explosives detection in checked baggage at
small- to medium-sized airports, and is
currently under development as part of the
Argus research program at the Transportation
Security Administration;
(B) faster, to facilitate screening of all
checked baggage at larger airports; or
(C) more accurate, to reduce the number of
false positives requiring additional security
measures;
(2) acceleration of research, development, testing,
and evaluation of new screening technology for carry-on
items to provide more effective means of detecting and
identifying weapons, explosives, and components of
weapons of mass destruction, including advanced x-ray
technology;
(3) acceleration of research, development, testing,
and evaluation of threat screening technology for other
categories of items being loaded onto aircraft,
including cargo, catering, and duty-free items;
(4) acceleration of research, development, testing,
and evaluation of threats carried on persons boarding
aircraft or entering secure areas, including detection
of weapons, explosives, and components of weapons of
mass destruction;
(5) acceleration of research, development, testing
and evaluation of integrated systems of airport security
enhancement, including quantitative methods of assessing
security factors at airports selected for testing such
systems;
(6) expansion of the existing program of research,
development, testing, and evaluation of improved
methods of education, training, and testing of key
airport security personnel; and
(7) acceleration of research, development, testing,
and evaluation of aircraft hardening materials, and
techniques to reduce the vulnerability of aircraft to
terrorist attack.
(b) Grants.--Grants awarded under this subtitle shall
identify potential outcomes of the research, and propose a
method for quantitatively assessing effective increases in
security upon completion of the research program. At the
conclusion of each grant, the grant recipient shall submit a
final report to the Transportation Security Administration that
shall include sufficient information to permit the Under
Secretary of Transportation for Security to prepare a cost-
benefit analysis of potential improvements to airport security
based upon deployment of the proposed technology. The Under
Secretary shall begin awarding grants under this subtitle
within 90 days of the date of enactment of this Act.
(c) Budget Submission.--A budget submission and detailed
strategy for deploying the identified security upgrades
recommended upon completion of the grants awarded under
subsection (b), shall be submitted to Congress as part of the
Department of Transportation's annual budget submission.
(d) Defense Research.--There is authorized to be
appropriated $20,000,000 to the Transportation Security
Administration to issue research grants in conjunction with the
Defense Advanced Research Projects Agency. Grants may be
awarded under this section for--
(1) research and development of longer-term
improvements to airport security, including advanced
weapons detection;
(2) secure networking and sharing of threat
information between Federal agencies, law enforcement
entities, and other appropriate parties;
(3) advances in biometrics for identification and
threat assessment; or
(4) other technologies for preventing acts of
terrorism in aviation.
SEC. 138. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.
(a) In General.--Section 44936 of title 49, United States
Code, is amended--
(1) by inserting ``and a review of available law
enforcement data bases and records of other
governmental and international agencies to the extent
determined practicable by the Under Secretary of
Transportation for Transportation Security,'' after
``check'' in subsection (a)(1)(A);
(2) by striking ``in any case described in
subparagraph (C)'' in subsection (a)(1)(B) and
inserting ``and a review of available law enforcement
data bases and records of other governmental and
international agencies to the extent determined
practicable by the Under Secretary of Transportation
for Transportation Security'';
(3) by striking ``will be'' in subsection
(a)(1)(B)(i) and inserting ``are'';
(4) by striking ``and'' after the semicolon in
clause (ii) of subsection (a)(1)(B)
(5) by redesignating clause (iii) of subsection
(a)(1)(B) as clause (iv);
(6) by inserting after clause (ii) of subsection
(a)(1)(B) the following:
``(iii) individuals who regularly
have escorted access to aircraft of an
air carrier or foreign air carrier or a
secured area of an airport in the
United States the Administrator
designates that serves an air carrier
or foreign air carrier; and'';
(7) by striking subparagraphs (C), (D), and (E) of
subsection (a)(1) and redesignating subparagraph (F) as
subparagraph (D);
(8) by inserting after subparagraph (B) of
subsection (a)(1) the following:
``(C) Background checks of current
employees.--
``(i) A new background check
(including a criminal history record
check and a review of available law
enforcement data bases and records of
other governmental and international
agencies to the extent determined
practicable by the Under Secretary of
Transportation for Transportation
Security shall be required for any
individual who is employed in a
position described in subparagraphs (A)
and (B) on the date of enactment of the
Aviation and Transportation Security
Act.
``(ii) The Under Secretary may
provide by order (without regard to the
provisions of chapter 5 of title 5,
United States Code) for a phased-in
implementation of the requirements of
this subparagraph.'';
(9) by striking ``107.31(m)'' in subparagraph (D),
as redesignated, and inserting ``107.31(m)(1) or (2)'';
(10) by striking ``the date of enactment of this
subparagraph.'' in subparagraph (D), as redesignated,
and inserting ``November 22, 2000. The Under Secretary
shall work with the International Civil Aviation
Organization and with appropriate authorities of
foreign countries to ensure that individuals exempted
under this subparagraph do not pose a threat to
aviation or national security.'';
(11) by striking ``carrier, or airport operator''
in subsection (a)(2) and inserting ``carrier, airport
operator, or government'';
(12) by striking ``carrier, or airport operator''
in subsection (b)(1) and inserting ``carrier, airport
operator, or government'';
(13) by striking ``carrier, or airport operator''
in subsection (b)(3) and inserting ``carrier, airport
operator, or government''; and
(14) by adding at the end of subsection (c)(1)
``All Federal agencies shall cooperate with the Under
Secretary and the Under Secretary's designee in the
process of collecting and submitting fingerprints.''.
(b) Records of Employment of Pilot Applicants.--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)''.
SEC. 139. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.
Chapter 451 of title 49, United States Code, 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 following:
``Sec. 45107. Transportation Security Administration
``(a) Transfer of Functions Relating to Testing Programs
With Respect to Airport Security Screening Personnel.--The
authority of the Administrator of the Federal Aviation
Administration under this chapter with respect to programs
relating to testing of airport security screening personnel are
transferred to the Under Secretary of Transportation for
Security. Notwithstanding section 45102(a), the regulations
prescribed under section 45102(a) shall require testing of such
personnel 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 Federal Aviation Administration
whose duties include responsibility for safety-sensitive
functions shall apply with respect to employees of the
Transportation Security Administration whose duties include
responsibility for security-sensitive functions. The Under
Secretary of Transportation for Security, the Transportation
Security Administration, and employees of the Transportation
Security Administration whose duties include responsibility for
security-sensitive functions shall be subject to and comply
with such provisions in the same manner and to the same extent
as the Administrator of the Federal Aviation Administration,
the Federal Aviation Administration, and employees of the
Federal Aviation Administration whose duties include
responsibility for safety-sensitive functions, respectively.'';
and
(5) in the analysis for such chapter by inserting
after the item relating to section 45106 the following:
``45107. Transportation Security Administration.''.
SEC. 140. CONFORMING AMENDMENTS TO SUBTITLE VII.
(a) Records of Employment of Pilot Applicants.--Part A of
subtitle VII of title 49, United States Code, 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 of such
title 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 designated
to be carried out by the Under Secretary or'';
(2) by striking ``or Administrator'' each place it
appears and inserting ``, Under Secretary, or
Administrator'';
(3) in section 46101(a)(2) by striking ``of
Transportation or the'' and inserting ``, Under
Secretary, or'';
(4) in section 46102(b) by striking ``and the
Administrator'' and inserting ``, the Under Secretary,
and the Administrator'';
(5) in section 46102(c) by striking ``and
Administrator'' 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
``Secretary,'';
(7) in the heading to section 46106 by striking
``Secretary of Transportation and Administrator of the
Federal Aviation Administration'' 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 ``Department of
Transportation''.
(c) Administrative.--Section 40113 of such title is
amended--
(1) in subsection (a)--
(A) by inserting after ``(or'' the
following: ``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
(B) by striking ``or Administrator'' and
inserting ``, Under Secretary, or
Administrator''; and
(2) in subsection (d)--
(A) by inserting after ``The'' the
following: ``Under Secretary of Transportation
for Security or the'';
(B) by striking ``Administration'' the
second place it appears and inserting
``Transportation Security Administration or
Federal Aviation Administration, as the case
may be,''; and
(C) by striking ``the Administrator
decides'' and inserting ``the Under Secretary
or Administrator, as the case may be,
decides''.
(d) Penalties.--Chapter 463 of such title is amended--
(1) in section 46301(d)(2)--
(A) by striking ``, chapter 449 (except
sections 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
Transportation for Security may impose a civil
penalty for a violation of chapter 449 (except
sections 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''
before ``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
Administrator'';
(3) in section 46301(d)(8) by striking
``Administrator'' and inserting ``Under Secretary,
Administrator,'';
(4) in section 46301(h)(2) by inserting after
``(or'' the following: ``the Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary or'';
(5) in section 46303(c)(2) by inserting ``or the
Under Secretary of Transportation for Security'' after
``Federal Aviation Administration'';
(6) in section 46311--
(A) by inserting after ``Transportation,''
the following: ``the Under Secretary of
Transportation 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
Secretary,''; and
(C) by striking ``or Administrator'' each
place it appears and inserting ``, Under
Secretary, or Administrator'';
(7) in each of sections 46313 and 46316 by
inserting after ``(or'' the following: ``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
(8) in section 46505(d)(2) by inserting ``or the
Under Secretary of Transportation for Security'' after
``Federal Aviation Administration''.
SEC. 141. SAVINGS PROVISION.
(a) Transfer of Assets and Personnel.--Except as otherwise
provided in this Act, those personnel, property, and records
employed, used, held, available, or to be made available in
connection with a function transferred to the Transportation
Security Administration by this Act shall be transferred to the
Transportation Security Administration for use in connection
with the functions transferred. Unexpended balances of
appropriations, allocations, and other funds made available to
the Federal Aviation Administration to carry out such functions
shall also be transferred to the Transportation Security
Administration for use in connection with the functions
transferred.
(b) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, settlements,
agreements, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or
allowed to become effective by the Federal Aviation
Administration, any officer or employee thereof, or any
other Government official, or by a court of competent
jurisdiction, in the performance of any function that
is transferred by this Act; and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date), shall continue in effect according to their
terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the Under
Secretary of Transportation for Security, any other
authorized official, a court of competent jurisdiction,
or operation of law.
(c) Proceedings.--
(1) In general.--The provisions of this Act shall
not affect any proceedings or any application for any
license pending before the Federal Aviation
Administration at the time this Act takes effect,
insofar as those functions are transferred by this Act;
but such proceedings and applications, to the extent
that they relate to functions so transferred, shall be
continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not
been enacted; and orders issued in any such proceedings
shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation
of law.
(2) Statutory construction.--Nothing in this
subsection shall be deemed to prohibit the
discontinuance or modification of any proceeding
described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding
could have been discontinued or modified if this Act
had not been enacted.
(3) Orderly transfer.--The Secretary of
Transportation is authorized to provide for the orderly
transfer of pending proceedings from the Federal
Aviation Administration.
(d) Suits.--
(1) In general.--This Act shall not affect suits
commenced before the date of the enactment of this Act,
except as provided in paragraphs (2) and (3). In all
such suits, proceeding shall be had, appeals taken, and
judgments rendered in the same manner and with the same
effect as if this Act had not been enacted.
(2) Suits by or against faa.--Any suit by or
against the Federal Aviation Administration begun
before the date of the enactment of this Act shall be
continued, insofar as it involves a function retained
and transferred under this Act, with the Transportation
Security Administration (to the extent the suit
involves functions transferred to the Transportation
Security Administration under this Act) substituted for
the Federal Aviation Administration.
(3) Remanded cases.--If the court in a suit
described in paragraph (1) remands a case to the
Transportation Security Administration, subsequent
proceedings related to such case shall proceed in
accordance with applicable law and regulations as in
effect at the time of such subsequent proceedings.
(e) Continuance of Actions Against Officers.--No suit,
action, or other proceeding commenced by or against any officer
in his official capacity as an officer of the Federal Aviation
Administration shall abate by reason of the enactment of this
Act. No cause of action by or against the Federal Aviation
Administration, or by or against any officer thereof in his
official capacity, shall abate by reason of the enactment of
this Act.
(f) Exercise of Authorities.--Except as otherwise provided
by law, an officer or employee of the Transportation Security
Administration may, for purposes of performing a function
transferred by this Act or the amendments made by this Act,
exercise all authorities under any other provision of law that
were available with respect to the performance of that function
to the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this Act.
(g) Act Defined.--In this section, the term ``Act''
includes the amendments made by this Act.
SEC. 142. BUDGET SUBMISSIONS.
The President's budget submission for fiscal year 2003 and
each fiscal year thereafter shall reflect the establishment of
the Transportation Security Administration.
SEC. 143. LAND ACQUISITION COSTS.
In the case of a grant for land acquisition issued to an
airport under chapter 471 of title 49, United States Code,
prior to January 1, 1995, the Secretary of Transportation may
waive the provisions of section 47108 of such title and provide
an upward adjustment in the maximum obligation of the United
States under that chapter to assist the airport in funding land
acquisition costs (and associated eligible costs) that
increased as a result of a judicial order.
SEC. 144. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL VIOLENCE
OR AIRCRAFT PIRACY.
Section 44903 is amended by adding at the end the
following:
``(h) Limitation on Liability for Acts To Thwart Criminal
Violence or Aircraft Piracy.--An individual shall not be liable
for damages in any action brought in a Federal or State court
arising out of the acts of the individual in attempting to
thwart an act of criminal violence or piracy on an aircraft if
that individual reasonably believed that such an act of
criminal violence or piracy was occurring or was about to
occur.''.
SEC. 145. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE.
(a) In General.--Each air carrier that provides scheduled
air transportation on a route shall provide, to the extent
practicable, air transportation to passengers ticketed for air
transportation on that route by any other air carrier that
suspends, interrupts, or discontinues air passenger service on
the route by reason of insolvency or bankruptcy of the other
air carrier.
(b) Passenger Obligation.--An air carrier is not required
to provide air transportation under subsection (a) to a
passenger unless that passenger makes alternative arrangements
with the air carrier for such transportation within 60 days
after the date on which that passenger's air transportation was
suspended, interrupted, or discontinued (without regard to the
originally scheduled travel date on the ticket).
(c) Sunset.--This section does not apply to air
transportation the suspension, interruption, or discontinuance
of which occurs more than 18 months after the date of enactment
of this Act.
SEC. 146. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.
Upon request of an operator of an aircraft affected by the
restrictions imposed under Notice to Airmen FDC 1/0618 issued
by the Federal Aviation Administration, or any other notice
issued after September 11, 2001, and prior to the date of
enactment of this Act that restricts the ability of United
States registered aircraft to conduct operations under part 91
of title 14, Code of Federal Regulations, in enhanced class B
airspace (as defined by such Notice), such restrictions shall
cease to be in effect for the affected class of operator
beginning on the 30th day following the request, unless the
Secretary of Transportation publishes a notice in the Federal
Register before such 30th day reimposing the restriction and
explaining the reasons for the restriction.
SEC. 147. AVIATION WAR RISK INSURANCE.
Section 44306(b) of title 49, United States Code, is
amended by striking ``60 days'' each place it appears and
inserting ``1 year''.
TITLE II--LIABILITY LIMITATION
SEC. 201. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION ACT
AMENDMENTS.
(a) Recovery of Collateral Source Obligations of
Terrorists.--Section 405(c)(3)(B)(i) of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is
amended by striking ``obligations.'' and inserting
``obligations, or to a civil action against any person who is a
knowing participant in any conspiracy to hijack any aircraft or
commit any terrorist act.''.
(b) Extension of Liability Relief to Aircraft Manufacturers
and Others.--Section 408 of that Act is amended--
(1) by striking ``air carrier'' in the section
heading;
(2) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Liability limited to insurance coverage.--
Notwithstanding any other provision of law, liability
for all claims, whether for compensatory or punitive
damages or for contribution or indemnity, arising from
the terrorist-related aircraft crashes of September 11,
2001, against an air carrier, aircraft manufacturer,
airport sponsor, or person with a property interest in
the World Trade Center, on September 11, 2001, whether
fee simple, leasehold or easement, direct or indirect,
or their directors, officers, employees, or agents,
shall not be in an amount greater than the limits of
liability insurance coverage maintained by that air
carrier, aircraft manufacturer, airport sponsor, or
person.
``(2) Willful defaults on rebuilding obligation.--
Paragraph (1) does not apply to any such person with a
property interest in the World Trade Center if the
Attorney General determines, after notice and an
opportunity for a hearing on the record, that the
person has defaulted willfully on a contractual
obligation to rebuild, or assist in the rebuilding of,
the World Trade Center.
``(3) Limitations on liability for new york city.--
Liability for all claims, whether for compensatory or
punitive damages or for contribution or indemnity
arising from the terrorist-related aircraft crashes of
September 11, 2001, against the City of New York shall
not exceed the greater of the city's insurance coverage
or $350,000,000. If a claimant who is eligible to seek
compensation under section 405 of this Act, submits a
claim under section 405, the claimant waives the right
to file a civil action (or to be a party to an action)
in any Federal or State court for damages sustained as
a result of the terrorist-related aircraft crashes of
September 11, 2001, including any such action against
the City of New York. The preceding sentence does not
apply to a civil action to recover collateral source
obligations.''; and
(3) by adding at the end of subsection (c) the
following: ``Subsections (a) and (b) do not apply to
civil actions to recover collateral source obligations.
Nothing in this section shall in any way limit any
liability of any person who is engaged in the business
of providing air transportation security and who is not
an airline or airport sponsor or director, officer, or
employee of an airline or airport sponsor.''.
(c) Limitation of United States Subrogation Right.--Section
409 of that Act is amended by striking ``title.'' and inserting
``title, subject to the limitations described in section
408.''.
(d) Definitions.--Section 402 of that Act is amended--
(1) by adding at the end of paragraph (1) the
following: ``The term `air carrier' does not include a
person, other than an air carrier, engaged in the
business of providing air transportation security.''.
(2) by redesignating paragraphs (3) through (8) as
paragraphs (5) through (10), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Aircraft manufacturer.--The term `aircraft
manufacturer' means any entity that manufactured the
aircraft or any parts or components of the aircraft
involved in the terrorist related aircraft crashes of
September 11, 2001, including employees and agents of
that entity.
``(4) Airport sponsor.--The term `airport sponsor'
means the owner or operator of an airport (as defined
in section 40102 of title 49, United States Code).''.
And the House agree to the same.
Don Young,
Thomas Petri,
John J. Duncan, Jr.,
John L. Mica,
Vernon J. Ehlers,
James L. Oberstar,
William O. Lipinski,
Peter DeFazio,
Managers on the Part of the House.
Ernest F. Hollings,
Daniel K. Inouye,
John D. Rockefeller IV,
John F. Kerry,
John Breaux,
Byron L. Dorgan,
Ron Wyden,
John McCain,
Trent Lott,
Kay Bailey Hutchison,
Olympia Snowe,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the Senate and House at the
conference on the disagreeing vote of the two Houses on the
amendment of the House of Representatives to the bill (S.
1447), to improve aviation security, and for other purposes,
submit the following joint statement to the Senate and House in
explanation of the effects of the action agreed upon by the
managers and recommended in the accompanying conference report:
The House amendment struck all of the Senate bill after
the enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment
of the House with an amendment that is a substitute for the
Senate bill and the House amendment. The differences between
the Senate bill, the House amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
1. short title
Senate bill
Section 1: ``Aviation Security Act''.
House amendment
Section 1: ``Airport Security Federalization Act of
2001''.
Conference substitute
The title of the legislation will be ``The Aviation and
Transportation Security Act.''
2. findings
Senate bill
Section 101: 7 findings on the importance of security and
the need for Federal control and other changes.
House amendment
No provision.
Conference substitute
The conferees recognize that the safety and security of
the civil air transportation system is critical to the security
of the United States and its national defense, and that a safe
and secure United States civil air transportation system is
essential to the basic freedom of America to move in
intrastate, interstate and international transportation. The
conferees further note the terrorist hijacking and crashes of
passenger aircraft on September 11, 2001, which converted civil
aircraft into guided bombs for strikes against the United
States, required a fundamental change in the way it approaches
the task of ensuring the safety and security of the civil air
transportation system.
The Conferees expect that security functions at United
States airports should become a Federal government
responsibility, and it is their belief that while the number of
Federal air marshals is classified, their presence would have a
deterrent effect on hijacking and would further bolster public
confidence in the safety of air travel. The Conferees also
noted that the effectiveness of existing security measures,
including employee background checks and passenger pre-
screening, is currently 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.
The Conferees developed this legislation to address the
security of the nation's transportation system.
3. organization of security function within dot
Senate bill
Section 102: Creates a new Deputy Secretary of
Transportation.
House amendment
Section 101: Creates a new Transportation Security
Administration (TSA) within DOT headed by an Under Secretary.
Establishes qualifications. Sets 5-year term. TSA has same
procurement and personnel authority as the FAA.
Conference substitute
The Conference Report creates the Transportation Security
Administration (TSA) to be headed by an Under Secretary within
the DOT.
4. functions of deputy secretary or under secretary
Senate bill
Section 102(a): Coordinate and direct the functions of
DOT and FAA under Chapter 449.
Work with the FAA on actions that affect safety.
Coordinate with DOJ, DOD, and other agencies on matters
related to aviation security.
Coordinate transportation and actions of other agencies
during an emergency. (This does not supersede the authority of
any other agency.)
Establish uniform standards for transportation during an
emergency.
Provide notice to other agencies about threats during an
emergency. The Secretary defines what constitutes an emergency.
Take other actions, the Secretary shall prescribe.
House amendment
Section 101: Under Secretary will be responsible for
security in all modes of transportation. Specifically, Under
Secretary is responsible for the following:
Receiving, assessing, and distributing intelligence
information to the appropriate people in the
transportation community.
Assessing threats to transportation.
Developing policies to deal with these threats.
Coordinating with other agencies.
Serve as the liaison with the intelligence
community.
Supervising airport security using Federal
uniformed personnel.
Manage the Federal security personnel in the field.
Enforce security regulations.
Undertake research to improve security.
Inspect, maintain, and test security equipment.
Ensure that adequate security is provided for the
transportation of cargo.
Oversee the security at airports and other
transportation facilities.
Perform background checks on screeners and those
who work at airports.
Develop standards for the hiring and firing of
screeners.
Train and test screeners.
Conference substitute
The Conferees believe the best way to ensure effective
Federal management of the nation's transportation system is
through the creation of a new Administration within DOT to be
called the Transportation Security Administration (TSA). The
TSA's responsibilities will encompass security in all modes of
transportation.
5. pay of deputy secretary or under secretary
Senate bill
Section 127: Paid at level II of the Executive Schedule
plus bonuses based on performance.
House amendment
Section 101(c): Paid at level II of the Executive
Schedule ($141,300 in 2000).
Conference substitute
The Conferees direct that the Under Secretary is to be
paid at Level II of the Executive Schedule ($141,300 in 2000).
A bonus, not to exceed thirty percent of the annual salary may
be provided based on the performance of the US to be determined
by the Secretary.
6. reports
Senate bill
Section 102(a): Annual report of activities.
Section 127: Annual DOT report on results achieved
relative to the agency security performance plan.
Section 112: 60-day report on additional security
measures.
Section 133: 120-day report on the new DOJ
responsibilities for aviation security.
Section 113: 3-month report on how to improve security of
general aviation and air charters.
House amendment
Section 106: Eliminates existing report in section 44938
of title 49, United States Code.
Conference substitute
(House)
6A. enhanced security
Senate bill
Section 115: 120 day report on the following issues:
(1) Requiring verification of airport employees'
identity.
(2) Installing switches so flight attendants can
notify pilots of a hijacking.
(3) Revalidating airline and airport employee
identification cards.
(4) Updating strategy for dealing with hijackings.
(5) Technology to improve communication between
aircraft and ground facilities.
Section 211: DOT shall study options for improving
positive IDs of passengers at check-in counters and boarding
areas. Report required in 6 months.
House amendment
Section 106: Requires the Under Secretary to address the
issues listed below and to report 6 months after the date of
enactment on the progress being made in implementing each.
A similar report would have to be submitted each year
thereafter until all the items had either been implemented or
rejected:
(1) Develop procedures (such as barrel roles or
depressurizing the aircraft) and authorize equipment
(such as lethal or non-lethal weapons) to help the
pilot defend the aircraft against hijackers.
(2) After consultation with the FAA, find ways to--
(A) limit access to the cockpit;
(B) strengthen cockpit doors;
(C) use video cameras to alert pilots to
problems in the passenger cabin without having
to open the cockpit door;
(D) ensure that the aircraft transponder
cannot be turned off in flight.
(3) Impose standards for the screening or
inspection of vehicles and employees of aircraft
fuelers, caterers, cleaners, and others who have access
to aircraft and secure areas of airports.
(4) Require airlines to provide emergency call
capability from aircraft and trains.
(5) Use various technologies, such as voice stress
analysis, to prevent a dangerous person from boarding a
plane.
(6) Develop certification standards for individual
screeners.
(7) Establish performance goals and use Threat
Image Projection (TIP) or similar devices to test
whether screeners are meeting those goals or
certification standards.
(8) Develop ways for airlines to have access to law
enforcement and immigration data bases to ensure that
dangerous people do not board their planes.
(9) Use the profiling system known as CAPS to not
only give special scrutiny to selected checked baggage
but also to the passengers who fit the profile and
their carry-on baggage.
(10) Use technology to ensure that airport and
airline employees and law enforcement officers are who
they claim to be.
(11) Install switches in the passenger cabin so
that flight attendants can discreetly notify a pilot if
there is a problem.
(12) Change the training of airline personnel in
light of the change in the methods and goals of
hijackers as evidenced by the attack of September 11th.
(13) Provide for background checks for those
seeking flying lessons on large aircraft or flight
simulators of such aircraft.
(14) Enter into agreements allowing trained law
enforcement personnel of other agencies to travel with
guns in order to assist a sky marshal.
(15) Perform more thorough background checks
(including review of immigration and other government
records) of airport screeners, student pilots, and
others who have unescorted access to secure areas of
the airport.
(16) Establish a uniform system for identifying law
enforcement personnel authorized to carry a gun on
board to ensure they are who they claim to be.
(17) Allow airlines to implement trusted passenger
programs to use technology to expedite screening for
those passengers that wish to participate.
(18) Develop security procedures for stem cells and
other medical containers that cannot be opened or x-
rayed.
(19) Develop security procedures to allow musical
instruments to be carried in the passenger cabin.
(20) Provide for the use of wireless devices to
enable communications among airport security personnel
about potential threats.
Conference substitute
The Under Secretary shall decide upon establishing
security measures to: ensure that the flight transponder cannot
be turned off in flight; require airlines to provide emergency
call capability from aircraft and trains; use voice stress
analysis, biometric, and other technologies to prevent
dangerous persons from boarding a plane; establish a uniform
system for identifying law enforcement personnel traveling with
firearms to ensure they are who they claim to be; require the
consideration of alternative security procedures that would not
damage medical products; allow airlines to implement trusted
passenger programs to use technology to expedite screening on a
voluntary basis; and, provide for the use of technology to
enhance communications among airport security personnel about
potential threats. The conferees encourage efforts by the
Transportation Security Administration and professional
organizations representing industry to use biometric
information, such as fingerprints collected initially as input
to the background check process, for future verification of
identity at access control points to secure airport areas. The
Conferees applaud efforts to improve day-to-day airport
security by utilizing this raw biometric information collected
from individuals as a recurrent identifier for access to secure
areas. The Conferees urge the Transportation Security
Administration to work with industry organizations that can
assist in the process of background checks, record-keeping, and
universal access control data.
7. responsibility of the attorney general
Senate bill
Section 102(b): Responsible for screening, including the
hiring and training of screeners.
House amendment
No provision--The Under Secretary is responsible for
screening.
Conference substitute
No provision.
8. transition
Senate bill
Section 102(d): Until Deputy Secretary takes office, the
functions are performed by the Assistant Administrator of the
FAA.
Section 108: Transition to Attorney General immediate.
Actions completed in 9 months.
House amendment
Section 101: Under Secretary shall assume civil aviation
security responsibilities in 3 months. In the meantime, Under
Secretary can take over airline contracts with screening
companies.
No change until Under Secretary is appointed.
Conference substitute
The Conferees direct the Under Secretary to assume
responsibility for civil aviation security within 3 months of
the enactment of this legislation.
9. technology and equipment
Senate bill
Section 102(c): Amends 44932(c) to require FAA to ensure
the use of the best available security equipment, not merely
the best available x-ray equipment.
Section 108: Restates provision in current law requiring
manual process where equipment is now underutilized.
Section 132: By September 30, 2002, FAA shall decide the
feasibility of implementing technologies designed to protect
aviation and automatically detect bombs, drugs, hazardous
chemicals, and nuclear devices.
Section 201(b): FAA shall deploy and use existing bomb
detection equipment. Within 60 days, FAA shall establish goals
for--
(1) deploying equipment now in storage;
(2) specifying a percentage of checked bags to be
scanned within 6 months, with a goal of scanning 100
percent;
(3) the number of bomb detectors that will be
purchased for deployment at medium sized airports
within 6 months. [See item 29.]
House amendment
Section 106: Makes no change in section 44932(c) of title
49, United States Code, but directs Under Secretary to consider
requiring various technologies described in item 6 above and
report to Congress on them 6 months after enactment and
annually thereafter until those technologies are deployed or a
decision is made not to deploy them.
Conference substitute
The Conferees want new, state-of-the-art security
equipment installed at airports on an expedited basis, and
immediate action taken to ensure that existing explosive
detection equipment is employed to the greatest extent possible
for the screening of checked baggage. It is expected that
additional equipment will be installed in as timely a manner as
possible, and in the interim, other systems will be used to
screen baggage. The Conferees agree thateverything going on
board a passenger aircraft should be screened within 60 days by FAA-
approved methods.
10. airworthiness objections by faa
Senate bill
Section 102: Must consult with FAA on all matters
affecting safety and operations.
House amendment
Section 106: Under Secretary cannot take an action if
notified by the FAA that it would adversely affect the
airworthiness of the aircraft unless the Secretary approves the
action.
Conference substitute
House provision.
11. role of national transportation safety board (ntsb)
Senate bill
No provision.
House amendment
Section 106: In taking an action that could affect
safety, Under Secretary shall solicit and give great weight to
views of NTSB.
Conference substitute
The Conferees instruct that in taking actions that could
affect safety, the timely views of the National Transportation
Safety Board (NTSB) will be taken into consideration by the
Under Secretary. The conferees wished to emphasize that the
views of the NTSB should be provided in a sufficiently and
timely manner so those views could be fully considered by the
Under Secretary.
12. Biological and chemical weapons
Senate bill
Section 102(c): FAA shall develop ways to enhance the
ability to detect biological and chemical weapons.
Section 106(c): DOT shall require airports to maximize
the use of equipment to detect these weapons.
House bill
No provision.
Conference substitute
The Conference Report requires airports to maximize the
use of equipment to detect and neutralize biological and
chemical weapons, and instructs the FAA to develop ways to
enhance the detection of these weapons.
13. oversight and coordination
Senate bill
Section 103: Establishes Aviation Security Oversight
Council (ASOC), chaired by DOT Secretary and composed of DOJ,
DOD, Treasury, CIA, and any other agency head DOT and DOJ
determine to be appropriate.
House bill
Section 112: Establishes Transportation Security
Oversight Board (TSOB) chaired by DOT Secretary and composed of
DOJ, DOD, Treasury, and either NSC or Homeland Security. TSOB
shares intelligence, reviews emergency rules, and oversees
actions of Under Secretary.
Establishes Advisory Council, composed of industry,
labor, families, and others to advise Under Secretary on
security matters.
Conference substitute
The Conference Report establishes the Transportation
Security Oversight Board (TSOB) chaired by the Secretary of DOT
and composed of DOJ, DOD, Treasury, CIA, NSC and Homeland
Security. The TSOB may review and ratify or disapprove
regulations issued by the Under Secretary; facilitate the
coordination of intelligence, security and law enforcement
activities affecting transportation; and, perform other duties
including making recommendations to the Under Secretary for use
in combating threats to the integrity of the nation's
transportation system.
14. rulemaking
Senate bill
No Rules required by DOJ for its own employees; cockpit
requirements issuable without APA.
House bill
Section 101: Under Secretary can issue security rules
immediately without notice and comment, DOT or OMB review, and
without a cost-benefit analysis but subject to disapproval by
the TSOB.
Conference substitute
House provision.
15. inspector general
Senate bill
No provision.
House bill
Section 101: TSA is subject to the Inspector General Act.
Conference substitute
The Conference report instructs that the Transportation
Security Administration (TSA) will be subject to the Inspector
General Act.
16. cross checking data bases
Senate bill
Section 103(a): DOT, acting through ASOC, shall try to
develop a common data base with other agencies and share
information about people.
Section 211: DOT, as part of the ASCC, shall conduct a
90-day review of upgrades to the distribution of people on the
``watch list'' of Federal law enforcement agencies.
Upgrades shall be deployed in 6 months.
A report shall be filed in 18 months.
House bill
Section 106: To the extent that the Under Secretary
determines appropriate, the Under Secretary shall (1) establish
procedures requiring airlines to use information from
government agencies to identify people who may be a threat to
civil aviation and (2) require more thorough background checks
that include a review of other agency data bases.
A report is required in 6 months and annually thereafter.
Conference substitute
The Conferees have instructed the Secretary to work with
the TSOB to develop a data base that will allow the cross
checking of the people on ``watch lists'' of various Federal
law enforcement agencies to identify individuals that may pose
a risk to security in an effort to identify potential risks to
civil aviation. Passenger lists should be used in conjunction
with this data base to help target those individuals that pose
a threat, and allow appropriate action to be taken.
17. terrorism report
Senate bill
Section 103(b): Require reports on all terrorism. Reports
to be shared with DOT.
House bill
No provision.
Conference substitute
The Conference Report requires the intelligence community
to ensure that reports on terrorism are shared with the DOT.
18. strategic planning
Senate bill
Section 103(c): Require intelligence agencies to
establish units for strategic planning on terrorism.
House bill
No provision.
Conference substitute
The Conference Report requires intelligence agencies to
establish units for strategic planning on terrorism.
19. cockpit security
Senate bill
Section 104: FAA shall issue a rule, without notice and
comment, permitting only authorized persons to have access to
the cockpit, requiring strengthening the door by installing
locks and making them rigid, requiring the door to remain
locked during flight except when the pilot needs to get out,
and taking away the flight attendants key.
Special rules shall be issued for aircraft that do not
have a door.
House bill
Section 106: To the extent the Under Secretary considers
appropriate, the Under Secretary shall, after consultation with
FAA, implement methods to restrict the opening of the cockpit
door during flight and fortify those doors.
A report is required in 6 months and annually thereafter.
Funds are authorized to help airlines pay for this.
Conference substitute
The Conference Report prohibits access to the flight deck
of passenger aircraft by anyone other than the flight crew.
Flight deck doors must be strengthened and remain locked while
aircraft is in flight. Video cameras may be provided to alert
pilots to cabin activity in the event of a security breech
occurring during the flight. These provisions apply to aircraft
required to have a door between the flight deck and cabin. The
Conferees also seek the redesign of cockpits to ensure the
doors are secured at all times during flight. Redesign can
encompass new flight deck materials, double doors to the
cockpit as are used in Israel, and lavatories within the flight
deck so that flight crew do not leave the flight deck. Once
bathroom facilities are provided for the flight crew of
passenger aircraft, the cockpit door no longer will need to be
opened during flight.
The Conferees instruct the Under Secretary to take into
consideration the threat to aviation and national security when
developing means to secure the flight deck on commuter
aircraft. Any new burdens should be appropriate for the risk.
20. air marshals
Senate bill
Section 105: Attorney General prescribes guidelines for
training and deployment of sky marshals. DOT administers the
program in accordance with these guidelines:
(1) Marshals may be placed on every flight but must
be placed on every flight that DOT determines to be
high risk.
(2) Marshals must be deployed in 30 days.
(3) Marshals must be given a seat even if that
means bumping a passenger.
(4) DOT shall work with ICAO and foreign
governments to address security concerns on foreign
airlines.
(5) DOT may use personnel from other agencies,
including the military, as air marshals.
Section 105: Waives age requirements for retired police,
military and out-of-work pilots to work as air marshals, if
they meet the background and fitness qualifications.
Report required in 18 months.
House bill
Section 105: Under Secretary deploys air marshals,
provides for their background checks, trains them, and requires
U.S. airlines to provide seats for them at no cost.
Preference for hiring laid off airline pilots as
marshals.
Marshals must be placed on selected flights.
Marshals must be given a seat even if that means bumping
a passenger.
DOT shall work with foreign governments to address
security concerns on international flights from the U.S.
Until the Under Secretary has all the air marshals
needed, personnel from other agencies may be used, with the
other agency's concurrence, as air marshals on a non-
reimbursable basis.
Airlines must provide seats, on a space-available basis,
to off-duty marshals flying home.
Conference substitute
The Conference Report requires that appropriately
trained, supervised and equipped Federal Air Marshals (FAMs)
may be deployed on every scheduled passenger flight, and must
be placed on every ``high risk'' flight, which may include
nonstop longhaul flights, or any other flight deemed
appropriate, even if the flight is fully booked. For applicants
who otherwise meet the background and fitness requirements, age
restrictions may be waived to allowretired law enforcement
officers, retired members of the armed forces, and members of
commercial airline crews (cockpit and cabin) who have been furloughed
from their positions after 9-11-01. Personnel from other agencies may
be deployed, with the agency's concurrence, as FAMs until an adequate
number of FAMs are in place. Additionally, agreements may be entered
into allowing trained law enforcement personnel from other agencies to
travel with firearms in order to assist FAMs.
The Conferees instruct the Under Secretary to follow air
carrier passenger reservations and cancellation practices to
the extent practicable. The Under Secretary should work
cooperatively with air carriers to develop guidelines
concerning reservations and cancellation for the transportation
of Federal Air Marshals.
21. screening
Senate bill
Section 108: Attorney General, in consultation with DOT,
shall provide for screening of all passengers, property, mail,
and cargo that will be carried aboard an aircraft.
Federal employees shall do screening.
Airport and airline employees shall be screened in the
same way, except alternative methods may be used for security
personnel.
Attorney General shall use screening technology approved
by FAA.
Law enforcement personnel shall be deployed at each
screening location.
At the 100 largest airports, additional police may be
ordered.
Section 105(f): Report from DOT and DOJ required within
120 days on effectiveness of security screening.
Section 106: DOJ and DOT may permit operational
flexibility to tailor screening needs for seasonal variations,
aircraft types, and special needs of small airports.
Section 108: Attorney General may require non-hub or
smaller airports to use State or local law enforcement if the
screening will be equivalent to that at larger airports, the
training meets Federal standards, the airport is reimbursed by
funds made available by this Act, and the airport is consulted.
House bill
Section 102: Federal government is responsible for
screening passengers and property on passenger aircraft that
originate in the U.S. Silent on whether screeners are to be
Federal employees or private contractors. Under Secretary shall
deputize screeners to enforce Federal laws, but not to arrest
people. Screeners must have common uniforms. Must be supervised
by uniformed Federal employees.
Section 107: Under Secretary should consider
certificating screeners and use TIP or similar technologies to
measure their performance and revoke their certification if
their performance is inadequate.
Section 104: Airport required to deploy law enforcement
or military personnel at each screening location. Law
enforcement can be either Federal or local.
Conference substitute
The Conference Report requires the Federal government to
hire, train and deploy Federal screeners, Federal managers,
Federal security personnel and Federal law enforcement within 1
year. The participants in this Federal security workforce will
not be able to strike or engage in work stoppages, and can be
fired at the discretion of the Secretary if they are not able
to adequately perform their duties.
The Conferees recognize that, in order to ensure that
Federal screeners are able to provide the best security
possible, the Secretary must be given wide latitude to
determine the terms of employment of screeners. The Conference
Committee expects that, in fixing the terms and conditions of
employment the Secretary shall establish benefits and
conditions of employment. The Conference Committee also
recognizes that, in order to hire and retain screeners, the
Secretary should also ensure that screeners have access to
Federal health, life insurance, and retirement benefits, as
well as workers' compensation benefits. The Committee believes
that screening personnel must also be given whistleblower
protections so that screeners may report security conditions
without fear of reprisal.
The Conference Report requires the DOT to assume existing
screening company contracts as soon as possible, but no later
than 90 days after enactment of this legislation. The contracts
for existing screeners can be extended for up to 6 months, and
the DOT would have the option to extend contracts for no longer
than 3 months, if necessary, to continue screening. DOT may
also authorize additional Federal law enforcement, National
Guard, and other personnel immediately to address the aviation
security needs of the country.
The Conferees direct the Secretary to provide a report
after one year from the date of enactment certifying deployment
of the Federal screeners. Two years after certification
airports can opt out of the Federalization of the screener
level of the Federal workforce if the Secretary determines that
these facilities would continue to provide an equal or higher
level of security. Companies will be barred from providing
screening if they violate federal standards, are found to allow
repeated failures of the system, or prove to be a security
risk. The DOT will also establish a Pilot Program for 5
airports, one from each category type, to apply for the use of
private contract screeners.
Within 1 year after the date of enactment of the Act, the
conferees expect the Transportation Security Administration to
submit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on the screening
requirements applicable to passengers boarding, and property
being carried aboard, aircraft with 60 seats or less used in
scheduled passenger service with recommendations for any
necessary changes in those requirements.
22. citizenship of security firms
Senate bill
No provision.
House bill
Section 104: Must be owned or controlled by a citizen of
the U.S. to the extent the President determines that there are
such firms.
Section 123(e): Similar sense of Congress.
Conference substitute
The Conference Report directs that U.S. companies should
be used to provide screening if they are available.
23. training of pilots and flight attendants
Senate bill
Section 105(f): Report from DOT and DOJ required within 6
months on crew training.
Section 107: DOT shall develop a mandatory airline
training program for crews dealing with a hijacking. Training
shall be developed in coordination with law enforcement
experts.
House bill
Section 106: Under Secretary should consider updating
training for dealing with hijacking that includes ways for
dealing with suicidal hijackers. Report six months and annually
thereafter.
Conference substitute
The Conferees have determined that detailed guidance
shall be developed for a mandatory air carrier training program
to assist flight crews and attendants in hijack situations. The
training curriculum will be developed in consultation with
Federal law enforcement agencies with expertise in dealing with
these types of threat conditions.
24. how flight attendants notify pilots of a hijacking
Senate bill
Section 107: FAA shall revise procedures by which flight
attendants notify pilots and implement new measures as soon as
practicable.
House bill
Section 106: The Under Secretary should consider
requiring the installation of switches in the cabin so that the
flight attendants can discreetly notify the pilots.
Conference substitute
The Conference Report directs the Under Secretary to
consider the installation of a switch or other devices to be
located in the cabin for flight attendants to notify pilots in
the event of a hijacking without the knowledge of passengers.
25. provision of personnel from other agencies
Senate bill
Section 105: Amends section 106(m) to allow other
agencies to provide personnel to FAA.
House bill
Section 102(d): Same provision, worded differently.
Conference substitute
The Conferees call upon other agencies to provide
personnel that has received the proper training for use by the
FAA as Federal air marshals (FAMs) in an effort to support and
supplement the FAM workforce in its early stages.
26. airport perimeter access security
Senate bill
Section 106: DOT may order deployment of law enforcement
personnel as needed to bolster airport security by entering
into an agreement with another agency to deploy Federal law
enforcement at airports.
Section 106(b): FAA shall provide technical support and
financial assistance to small airports to help defray security
costs.
House bill
No provision.
Conference substitute
The Conferees have given the Secretary the ability to
work with the airports to address potential threats at
individual facilities by ordering the deployment of Federal law
enforcement authorities to improve airport perimeter and access
security in an effort to counter potential criminal activities.
Such actions also can include providing increased security at
air traffic control facilities. Additionally, the FAA
Administrator will develop a plan to provide technical support
to enable small- and medium-sized airports to enhance their
security operations, and shall include using network digital
video surveillance systems.
27. individuals with access to secure areas of the airport
Senate bill
See item 21
Section 106(a): DOT, in consultation with ASOC, shall
consider whether such individuals should be screened.
Section 106(d): Amend 44903(g)(2) to delete 1/31/01
deadline and beef up language on access control requirements.
Consider deployment of biometric technologies.
Establish pilot programs at 20 airports to test new
technologies.
DOT shall require airlines and airports to develop
security awareness programs for employees.
Section 211: Within 6 months, DOT shall recommend to
airports commercially available ways to prevent access to
secure areas. As part of this, DOT shall review effectiveness
of biometric and other systems, focus on eliminating piggy-
backing, and include a 12-month deployment strategy for
currently available technology at Category X airports. Not
later than 18 months, DOT shall conduct a review of reductions
in unauthorized access.
House bill
Section 106: The Under Secretary shall consider imposing
standards for the screening or inspection of vehicles that have
access to secure areas and provide for the use of technology to
verify the identity of those vehicles entering a secure area.
Report after 6 months and annually thereafter.
Conference substitute
The Conference Report instructs that all individuals,
goods, property, vehicles, and other equipment seeking access
to secure areas must be screened and inspected before entry.
The Conference Committee instructs that prescribed requirements
should provide at least the same level of protection as the
screening of passengers and baggage. The Conferees, however,
recognize that these requirements may make allowances for tools
and equipment necessary to perform duties in secure areas. The
Secretary will examine the physical configuration of individual
airports, and consider theviews of the TSOB to consider
implementing standards to protect the integrity of secure areas.
28. ban on parking of vehicles within 300 feet of terminal
Senate bill
Section 106(b): FAA, in consultation with local law
enforcement, shall reexamine the need for 300 feet restriction.
House bill
Section 121: Removes this parking ban if the airport, in
consultation with local law enforcement, certifies to DOT,
after doing a threat assessment, that safeguards are in place
to protect public safety.
Conference substitute
The Conferees have determined that all airports must
consult with local law enforcement and inform DOT that proper
safeguards are in place to ensure that parked vehicles are not
a security risk. Each airport must submit views regarding its
assessment of the needs of their facility.
29. checked baggage
Senate bill
See item 9.
Section 201(b)(1): Requirement for all baggage to be
screened within 9 months.
FAA must establish within 60 days confidential goals for
scanning a specific percentage of checked bags within 6 months
and annual goals thereafter eventually scanning 100%.
Section 201(c)--page 85FAA shall require airlines to
upgrade the bag match system. Shall establish goals within 60
days to accomplish this including interim measures to match a
higher percentage of bags until bomb detectors are used to scan
100% of bags.
Confidential report to Congress in 1 year.
House bill
See item 9.
Section 106: All checked baggage must be screened by
December 31, 2003. All existing explosive detection equipment
must be used to the maximum extent possible.
Additional explosive detection equipment must be
installed as soon as possible.
In the interim, airlines must implement a bag match
program.
A system must be in place as soon as possible to screen
cargo transported in passenger aircraft.
Section 123(d): Sense of Congress that all checked
baggage should be screened by any available means.
Conference substitute
The Conferees feel strongly that all baggage to be placed
on passenger flights must be screened. Existing technology,
including EDS, should be used and upgraded in an effort to
ensure that all checked baggage goes through such a system. Any
baggage that does not go through EDS will be required to go
through some form of manual or other comparable screening
system. An alternate system of screening cargo should also be
established, and periodic reports issued to provide an
understanding of the progress made on these efforts.
30. computer assisted passenger profiling system (capps)
Senate bill
Section 201(d): FAA shall make all passengers subject to
CAPPS even if they don't check bags so that their carry-ons and
person will be subject to additional security measures. Report
within 3 months.
Section 211: DOT, as part of the ASCC, shall conduct a
90-day review of upgrades to CAPPS and to the distribution of
people on the ``watch list'' of Federal law enforcement
agencies. Upgrades shall be deployed in 6 months. A report
shall be filed in 18 months.
House bill
Section 106(9): The Under Secretary should consider
providing the enhanced use of CAPPS to more effectively screen
passengers and carry-on baggage. Report in 6 months and
annually thereafter.
Conference substitute
The Conference Report instructs that an enhanced and
upgraded use of the Computer Assisted Passenger Pre-Screening
System (CAPPS) must be considered to more effectively screen
passengers and baggage. The Conferees also recognize that
adjustments may need to be made to reflect circumstances in
some areas of the U.S., including States with unique
transportation needs.
31. deputizing for enforcement of federal security laws
Senate bill
Section 108(b): Requires Attorney General to deputize
State and local law enforcement to regulate screening at non-
hubs.
House bill
Private contractor employees deputized.
Conference substitute
No provision.
32. hiring and training of screeners
Senate bill
Section 109: DOJ, in consultation with DOT, shall
establish a program for the hiring and training of screeners.
Hiring qualifications shall be set in 30 days. Includes list of
qualifications screeners must meet such as education and
language requirements. Training plans must be developed within
60 days. Requires 40 hours of classroom training and 60 hours
of on the job training. Current lists of dual use items
(seemingly harmless items that could be used as a weapon) shall
be part of the training. Section 104--page 16.
House bill
Under Secretary may set minimum pay for screeners.
Preference shall be given to veterans in the hiring of
screeners and laid off airline workers. Final rule for
certification of screening companies changed from May 31, 2001
to 6 months after date of enactment. In the meantime, within 30
days of enactment, the standards in the proposed rule, such as
education and language requirements, shall be in effect. All
screeners must be in approved uniforms.
Conference substitute
A blend of the House and Senate provisions.
33. citizenship of screeners
Senate bill
Section 109: Must have been a national of the U.S. for at
least 5 years.
House bill
Section 104(a): Must be U.S. citizens.
Conference substitute
The Conference Report requires that all airport screeners
must be citizens of the U.S.
34. status of screeners
Senate bill
Section 109(d): Notwithstanding any law, the Attorney
General may hire, fire, and pay screeners as he determines
necessary.
House bill
Section 102: Federal supervisor can order the dismissal
of any screener.
Conference substitute
The Conference Report provides the Under Secretary the
authority to employ, terminate and fix the conditions of
employment for the Federal screening workforce.
35. strikes by screeners
Senate bill
Section 109(e): Strikes prohibited pursuant to Title 5.
House bill
Section 102: Strikes prohibited.
Conference substitute
The Conference Report directs that the airport screening
workforce will be prohibited from striking. The Conferees have
provided the Transportation Security Administration authority
to utilize existing authority provided to the FAA to develop
personnel and acquisition systems. The authority gives the
Administration flexibility to design its own policies and
procedures and not use the FAA's system, while retaining the
legal requirements under sections 40110 and 40112.
36. background checks
Senate bill
Section 109(f): Requires background checks for current
screeners and others with access to the airport.
Section 201(a): Requires background checks for current
screeners and others to be completed in 9 months unless the
person has had such a check in the past 5 years. Alternative
checks shall be developed for those who have lived in the U.S.
for less than 5 years.
House bill
Section 107: Allows smaller airports to use the same
expedited procedures for criminal history background checks as
the larger airports now use. (Under the 2000 Security Act these
expedited procedures do not go into effect at smaller airports
until 2003.)
Requires background check (including review of government
data bases) for all current screeners and those with access to
secure areas except for those who have already had such a check
or those who are exempted by FAA rules from such checks.
Conference substitute
A blend of the House and Senate provisions.
The Conferees encourage the Under Secretary to provide
channeling authority to professional organizations representing
industry to FBI AFIS fingerprint databases to perform criminal
history verification of aviation business employees.
37. research and development
Senate bill
Section 110: Amends section 44912 to require periodic
reviews of threats to civil aviation and the potential for the
release of biological and chemical weapons. A person shall be
designated to be responsible for security research. The person
shall file an annual report on research activities. A
scientific advisory panel shall be established. DOT shall
coordinate research with DOJ.
Section 221: Authorizes $50 million per year to research
various security technologies.
House bill
Section 101: Transfers security research from FAA to the
TSA. The TSA can use FAA research facilities.
Conference substitute
A modified version of the Senate provision.
38. flight schools
Senate bill
Section 111: Regarding jet-propelled aircraft, a person
shall not give flight instruction, including instruction in
simulator, to an alien (or other person specified by DOT)
unless DOJ issues that person a certificate of completion of
the background check of the alien. Requests for the background
check shall be made jointly by the alien and the flight school.
Investigation must be completed in 30 days. Investigation
includes fingerprint check, immigration check, and a
determination of whether alien is a national security risk.
Expedited procedures shall be developed for an alien seeking
recurrent training. Penalties for violations shall be developed
by DOT rulemaking. Flight schools shall report aliens that they
train.
Section 111(c): DOT and State shall work with ICAO to
improve screening of student pilots.
House bill
Section 106(13): The Under Secretary should consider
requiring background checks on individuals seeking flying
lessons (including simulator lessons) on aircraft weighing more
than 12,500 pounds. Report in 6 months and annually thereafter
until the Under Secretary implements the checks or decides not
to require them.
Conference substitute
The Conferees have determined that flight school training
for aircraft with a minimum certificated weight of 12,500
pounds or more should not be allowed for any alien within the
United States unless they have passed a sufficient background
check. Such individuals seeking to attend flight school may
begin pilot training after 45 days or upon being certified as
having passed a background investigation regarding their
criminal history and immigration status. Asecurity awareness
program will be developed to assist employees that work at flight
schools by helping to increase their awareness of a potential threat.
39. penalties
Senate bill
Section 114: Imposes criminal penalties for interfering
with security personnel at a commercial service airport.
House bill
Section 116(c): Transfers the relevant civil penalty
authorities from the FAA to the TSA.
Conference substitute
The Conference Report requires that an individual who
disrupts the duties of security screening personnel within a
commercial service airport shall be fined and/or imprisoned for
up to 10 years. The use of a dangerous weapon to interfere with
security screening may result in up to life imprisonment.
40. intrastate air service
Senate bill
Section 116: DOT may grant antitrust exemptions to ensure
continued viability of air service in that State.
House bill
No provision.
Conference substitute
The Conference Report instructs that DOT may grant anti-
trust immunity to ensure continued viability of air service
within a state. If the Secretary approves any such request, a
report must be given to the relevant Senate and House
Committees within six months of the approval describing what
actions have been taken by the carriers receiving the
exemption.
41. airline computer reservation systems
Senate bill
Section 117: DOT shall require all airlines to use the
best technology to ensure that their systems are secure from
unauthorized access. DOT shall submit an annual report on
compliance.
House bill
No provision.
Conference substitute
Under the direction of the Conference Report airlines are
required to take action that will prevent unauthorized access
to computer reservation systems and the information they
contain on passengers. Technology should be utilized to the
greatest extent possible to ensure the integrity of these
systems.
42. fees
Senate bill
Section 118(a): Within 180 days, airlines remit a $2.50
fee per enplanement.
House bill
Section 108: Under Secretary shall impose a fee of not
more than $2.50 per one-way trip. The amount of the fee shall
be reasonably related to the costs of providing the screening
service. In addition, a fee can be imposed directly on the
airlines but it cannot be more than the airlines paid for
screening services in 2000. Fees shall be credited as off-
setting collections. Passengers using airports where screening
services are not provided may be exempted from the fee.
Conference substitute
The Conference substitute requires a fee to be charged to
cover the cost of providing the aviation security services. The
fee will be based on the number of times a passenger boards a
plane during the course of travel, but will be capped at $5.00
per one-way trip. Any additional funds needed will be
authorized to be appropriated or may come from a fee imposed
directly on the airlines.
The Secretary may waive or modify the security fee to
take into account the isolation of certain communities. In
determining whether to waive or modify this fee, the Secretary
shall consider the costs of transportation security and the
benefits of transportation security that is bestowed on those
communities. The Conference substitute amends section 45301(b)
of title 49, United States Code, with respect to limitations on
overflight fees to (1) to make the language consistent with the
new security fee language of this Act, and (2) to clarify
Congressional intent with respect to the FAA costs upon which
the fees can be based. Specifically, the conference substitute
replaces the word ``directly'' with ``reasonably'', since the
word ``directly'' has been a source of much confusion and
narrow interpretation, and has been a primary cause of
recurring litigation which has frustrated and delayed the FAA's
imposition of the overflight fees for a number of years.
Additionally, this amendment specifies that the FAA's costs
upon which the fees are based are to be determined solely by
the Administrator. This is to clarify that the Administrator
has full authority to determine costs by appropriate means.
This amendment is not intended to require revision of the fees
recently promulgated by the FAA (66 FR 43680, Aug. 20, 2001)
but rather, to clarify longstanding Congressional intent that
the FAA expeditiously and continuously collect the fees
authorized under section 45301(a) of title 49.
43. authorization
Senate bill
Section 118(b): Authorizes such sums for the next 3 years
as may be necessary to carry out the security functions.
House bill
Section 109: Authorizes such sums as may be necessary to
the TSA for operating costs and for screening services not
covered by the above fee.
Authorizes $500 million for grants to airlines to fortify
cockpit doors, install video monitors to view the passenger
cabin, ensure continuous operation of transponder, and use of
other technologies.
Conference substitute
The Conference Report authorizes the necessary spending
for the cost of providing aviation security.
44. airport funding
Senate bill
Section 119(a): Allows AIP and PFC funds to be used to
pay security costs in FY 2002 for any cost incurred after 9/11
regardless of when it was incurred. Waives the local matching
share. In deciding whether to make a discretionary AIP grant
for security costs, the availability and use of non-Federal
funding by the airport shall be considered.
Section 120: Authorizes such sums in 2002 to compensate
airports for security costs. Costs must be documented and
subject to an IG audit. DOT shall publish procedures for filing
claims in 30 days.
Section 119(c): PFC requests for security funding should
be expedited.
Section 119(b): For the purpose of determining AIP
entitlements in FY 2003, enplanements in 2000 or 2001,
whichever is higher, shall be used.
Section 201(b): Modifying terminal and baggage systems in
order to install bomb detection equipment is made AIP eligible.
Section 113: Allows AIP and PFC funds to be used to pay for
added law enforcement costs in at a non-hub or small hub
airport regardless of when the cost was incurred.
Waives the local matching share.
In FY 2002, allows AIP and PFC money to be used to pay
debt service if that would prevent an airport, or privately
owned terminal, from defaulting on its bond.
House bill
Section 109: Authorizes a total of $1.5 billion in 2002
and 2003 to reimburse airports for direct costs they incurred
to meet new security requirements. Such sums to remain
available until expended. Before getting the money, the airport
must agree to meet with its concessionaires to discuss rent
adjustments and provide an itemized list of costs incurred.
Conference substitute
A blend of the House and Senate provisions.
45. competition plans
Senate bill
No provision.
House bill
Section 113(a): Waives an airport's obligation to submit
a competition plan in FY 2002 when it is seeking money to
improve security.
Conference substitute
The Conference Report waives the obligation of an airport
to submit a competition plan in FY '02 when seeking money to
improve security.
46. reporting suspicious activities
Senate bill
Section 121: Exempts airline employees from liability for
disclosing, in good faith, suspicious activity. DOJ shall
establish procedures to notify the FAA of people who may pose a
risk of hijacking. Report shall be submitted in 120 days on the
implementation of this notification.
House bill
No provision.
Conference substitute
The Conference Report encourages and exempts airline
employees from liability for disclosing suspicious activities
in response to a ``reasonably believed'' threat.
47. arming pilots
Senate bill
Section 122: National Institute of Justice shall assess
non-lethal weapons for use by pilots and report to DOT in 90
days. After receiving report, DOT may authorize pilots to carry
such weapons. DOT shall establish training and procedural
requirements for using these weapons.
Section 125: Authorizes FAA to permit a pilot with proper
training to carry a gun in the cockpit. FAA shall establish a
training program. Report shall be submitted every 6 months on
the effectiveness of this provision.
House bill
Section 106: DOT cannot take any action to prevent a
pilot from taking a gun into the cockpit if the policy of the
airline allows it and the pilot has completed a training
program acceptable to the Under Secretary.
Conference substitute
A pilot is authorized to carry an approved firearm into
the cockpit if approved by the Under Secretary and the air
carrier, and the pilot has received proper training.
48. isolated communities
Senate bill
Section 123: During an emergency, DOT, after consulting
with the ASCC, may grant waivers on flight restrictions to
allow flights carrying freight, mail, patients, and medical
supplies to areas with extraordinary transportation needs given
isolation of the area and if the waiver is in the public
interest.
House bill
Section 120: Similar provision but worded differently.
Conference substitute
The Conference Report instructs that during an emergency
DOT may grant waivers on flight restrictions to areas with
extraordinary transportation needs.
49. supplies on board aircraft
Senate bill
Section 124: DOT shall ensure the safety of food and
other supplies on aircraft by sealing packages, screening
personnel and vehicles, etc.
House bill
See item 27.
Conference substitute
The Conferees have determined that DOT should establish
procedures to ensure the safety and security of on-board
supplies for intrastate passenger aircraft. The Secretary will
establish procedures that may increase security for the point
of origin of thesupplier, provide for sealed supplies, and the
screening of the supplies as they enter the airport.
50. airman registry
Senate bill
Section 126: Directs FAA to modify the registry to make
it more effective in combating terrorism. FAA should work with
State and locals to assist in identifying those applying for or
holding airmen certificates.
House bill
No provision.
Conference substitute
The Conferees direct that the FAA must take steps to make
the airman registry more effective to combat terrorism by
working with the appropriate authorities to assist in properly
identifying persons applying for or in possession of airmen
certificates.
51. passenger manifests
Senate bill
No provision.
House bill
Section 111: Within 60 days, U.S. and foreign airlines on
international flights to the U.S. must provide to the Under
Secretary (or another agency) by electronic transmission a
passenger and crew manifest with specified information.
Conference substitute
The Conference Report requires air carriers to use the
Air Passenger Information System (APIS) to provide a crew and
passenger manifest and related information to Customs for each
flight.
52. results-based management
Senate bill
Section 127: Within 60 days, DOT shall establish
acceptable performance levels for aviation security and provide
Congress with an action plan clarifying the responsibilities of
the government agencies involved. Each year, a performance plan
shall be made available. Any contracts to implement this Act
shall try to maximize the use of performance based service
contracts.
House bill
Section 106(7): Consider establishing performance goals
for screeners. Report after 6 months and annually thereafter
until this is implemented or rejected.
Conference substitute
Modified Senate provision.
53. employment register
Senate bill
Section 128(a): DOT shall establish and maintain an
employment register.
House bill
No provision.
Conference substitute
No provision.
54. training facilities
Senate bill
Section 128(b): DOT may use FAA training facilities to
train security screeners.
House bill
No provision.
Conference substitute
The Conference Report directs the Secretary to use
existing Federal training facilities, where possible, to
address the training needs of security screening personnel.
55. airspace restrictions
Senate bill
Section 129: President shall submit a report within 30
days describing any airspace restrictions that remain in place
and the justification for those restrictions.
House bill
Section 119: The restrictions on Class B airspace shall
cease to be in effect 10 days after enactment unless a notice
is published prior to the 10th day reimposing and explaining
the reasons for those restrictions.
Conference substitute
The Conferees instruct the Secretary to lift restrictions
on Class B airspace under specified requirements.
56. volunteers
Senate bill
Section 130: DOT shall carry out a program to permit
police, firefighters, and paramedics to provide emergency
services during flight. Exempts from liability those who help
in an emergency. This does not authorize the possession of
firearms.
House bill
No provision but exemption from liability seems to be
covered by existing law, section 5(b) of Aviation Medical
Assistance Act.
Conference substitute
The Conferees instruct the Secretary to implement a
program that will allow qualified law enforcement, firefighters
and emergency service technicians to assist in the event of an
emergency during commercial air flights. This program will
establish the credentials of volunteers, maintain their
confidentiality and exempt them from liability.
57. limitation on liability
Senate bill
No provision.
House bill
Section 110: Limits liability of passenger or crew who
hurts a person they, in good faith, believe was hijacking or
about to hijack the plane.
Conference substitute
The Conference Report exempts passengers and crew from
liability if an individual ``reasonably believed'' that a
hijacking was occurring.
58. general aviation security
Senate bill
Section 131: FAA shall begin a security program for
aircraft over 12,500 pounds within 90 days. Waivers from this
requirement can be granted. A security program for smaller
aircraft shall begin in 1 year. A report shall be filed in 18
months.
Aircraft may not be sold or leased to an alien unless a
background check has been done or until the security programs
described above are implemented.
House bill
No provision.
Conference substitute
The Conference report directs the Secretary to provide
Congress a report on improving general aviation security in the
United States within 3 months of enactment of the legislation.
The Conferees note that a number of issues on aviation
security research merit the prompt attention of the Department
of Transportation. In particular, the Conferees observe that
research into providing better security with minimal disruption
in the system in the area of general aviation is important.
The Conferees note that the FAA has recently designated a
consortium of schools as a general aviation center of
excellence and anticipates that the FAA would draw upon the
expertise of these institutions in formulating a security
program for general aviation.
The Conferees also note that NASA, in coordination with
the DOT, is investigating technology that would facilitate
remote screening of small aircraft prior to takeoff.
Such a general aviation remote screening system (GARSS)
could be installed on a vehicle or mobile platform, or in a
fixed facility alongside a taxiway, and would provide a pre-
takeoff alert if suspicious objects or materials were detected
aboard an aircraft.
The Conferees urge that the development and
implementation of GARSS be pursued.
59. funding for general aviation airports
Senate bill
No provision.
House bill
Section 113(b): In FY 2002, allows non-primary airports
within Class B airspace to seek AIP money for any purpose,
including operational costs.
Conference substitute
Modified House position.
60. conforming amendment to irs code
Senate bill
No provision.
House bill
Section 113(e): Amends Code to cross-reference this
Security Act so that the money authorized by this Act out of
the Trust Fund can be spent.
Conference substitute
The Conference Report amends the IRS code to cross-
reference this legislation to provide for the authorization of
spending from the Trust Fund.
61. technical corrections
Senate bill
No provision.
House bill
Section 114: Makes technical corrections to the Air
Transportation Safety and System Stabilization Act.
Conference substitute
The Conference Report makes technical corrections to the
Air Transportation Safety and System Stabilization Act.
62. alcohol and drug testing
Senate bill
No provision.
House bill
Section 115: Amends existing law to account for the
transfer of functions from the FAA to the TSA.
Conference substitute
The Conference Report amends existing law to transfer
alcohol and drug testing functions from the FAA to the TSA.
63. conforming amendments
Senate bill
No provision.
House bill
Section 116: Amends existing law to account for the
transfer of functions from the FAA to the TSA.
Conference substitute
The Conference Report amends existing law to account for
the transfer of functions from the FAA to the TSA.
64. savings provision
Senate bill
No provision.
House bill
Section 117: Ensures a smooth transfer from the FAA to
the TSA.
Conference substitute
The Conference Report.
House provision.
65. budget submissions
Senate bill
No provision.
House bill
Section 118: Requires the President's budget submissions
starting in 2003 to list the TSA budget separately.
Conference substitute
The Conference Report.
House provision.
66. air ambulances
Senate bill
No provision.
House bill
Section 114: Amends the Airline Stabilization Act to
modify the method for distributing compensation to air
ambulances.
Conference substitute
The Conference Report amends the Airline Stabilization
Act to allow for a modified system of providing compensation to
air tour operators and air ambulances to better address their
needs after industry wide losses. It is the Conferees' position
that the Stabilization Act's section 103 compensation formula
language, ``revenue ton miles or any other auditable measure''
should be broadly construed and should not restrict
compensation exclusively to revenue ton miles reported on
previously filed DOT Form 41s. If Air, Crew, Maintenance,
Insurance lessors can provide accurate and auditable records of
their revenue-ton-miles during the relevant time period, then
they should be eligible for compensation based under the
Stabilization Act.
67. passengers who bought tickets on bankrupt airlines
Senate bill
No provision.
House bill
Section 123: Other airlines must honor these tickets to
the extent practicable.
Conference substitute
The Conferees direct the air carriers, to the extent
practicable, to honor the tickets of passengers purchased by
airlines that file for bankruptcy, if the purchaser requests
the use of his or her ticket within 60 days of the suspended or
canceled flight, for the first 18 months after enactment of
this legislation.
68. flight service station employees
Senate bill
No provision.
House bill
Section 123(a): Sense of Congress that FAA should
continue negotiating in good faith with these employees.
Conference substitute
The Conference Report offers the Sense of Congress that
FAA should continue negotiating in good faith with flight
service station employees.
69. war risk insurance
Senate bill
No provision.
House bill
Section 123(b): Sense of Congress that vendors agents and
subcontractors of general aviation aircraft should get war risk
insurance.
Conference substitute
The Conference Report offers the Sense of Congress on the
availability of war risk insurance to vendors, agents, and
subcontractors of air carriers for all their domestic
operations.
70. animals
Senate bill
No provision.
House bill
Section 123(c): Sense of Congress that airlines that
transport mail should carry animals that the Postal Service
allows to be mailed.
Conference substitute
The Conference Report offers the Sense of the House that
airlines that transport mail should carry animals that the U.S.
Postal Service permits to be sent in the mail.
71. Carry-on Baggage
Senate bill
Report on carry-on baggage.
House bill
No provision.
Conference substitute
The Conference Report offers the Sense of the Congress
that the FAA should continue its current restrictions on carry-
on baggage of 1 bag plus 1 personal item. A backpack should be
considered a personal item.
72. USPS Mail Policy in Alaska
Senate bill
No provision.
House bill
No provision.
Conference substitute
The Conferees encourage the Congress to pass legislation
quickly to restructure the United States Postal Service's
process of tendering non-priority bypass mail with the State of
Alaska. Restructuring this program to direct more carriers to
convert to 121 passenger operators will improve the safety of
air transportation in Alaska and enhance the security of
passengers.
73. victims compensation
Senate bill
No provision.
House bill
Title II.
Conference substitute
The Conference substitute extends the liability
limitations of the Air Transportation Stabilization Act to
aircraft manufacturers, State port authorities, owners and
operators of airports, and persons with property interests in
the World Trade Center.
These provisions limit liability under the Act to the
maximum level of their insurance coverage.
Any person with a property interest in the World Trade
Center, as a condition to receiving liability protection under
the Act, is required to satisfy all contractual obligations to
rebuild or assist in the rebuilding of the World Trade Center.
The Conference substitute also limits the liability for
all claims arising from the terrorist-related attacks of
September 11, 2001, brought against the City of New York to the
greater of the City's insurance coverage or $350,000,000.
This limitation on damages against the City of New York,
however, does not apply to any non-government or private entity
that is contracted with the City.
The Conference substitute also excludes entities
primarily engaged in the business of airport security from its
limitation on liability.
Don Young,
Thomas Petri,
John J. Duncan, Jr.,
John L. Mica,
Vernon J. Ehlers,
James L. Oberstar,
William O. Lipinski,
Peter DeFazio,
Managers on the Part of the House.
Ernest F. Hollings,
Daniel K. Inouye,
John D. Rockefeller IV,
John F. Kerry,
John Breaux,
Byron L. Dorgan,
Ron Wyden,
John McCain,
Trent Lott,
Kay Bailey Hutchison,
Olympia Snowe,
Managers on the Part of the Senate.