99 008
107 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
107 264
PROVIDING FOR CONSIDERATION OF H.R. 3150, SECURE TRANSPORTATION FOR
AMERICA ACT OF 2001
October 31, 2001.--Referred to the House Calendar and ordered to be
printed
Mr. Reynolds , from the Committee on Rules, submitted the following
REPORT
[To accompany H. Res. 274]
The Committee on Rules, having had under consideration House
Resolution 274, by a nonrecord vote, report the same to the House with
the recommendation that the resolution be adopted.
Summary of provisions of the resolution
The resolution provides for consideration of H.R. 3150, the Secure
Transportation for America Act of 2001, under a structured rule. The
rule provides one hour of general debate equally divided and controlled
by the chairman and ranking minority member of the Committee on
Transportation and Infrastructure.
The rule makes in order only those amendments printed in this report
accompanying the resolution, which may be offered only in the order
printed in this report, may be offered only by a Member designated in
this report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and controlled by the
proponent and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the House or
in the Committee of the Whole. The rule waives all points of order
against such amendments.
Finally, the rule provides one motion to recommit with or without
instructions.
Committee votes
Pursuant to clause 3(b) of House Rule XIII the results of each record
vote on an amendment or motion to report, together with the names of
those voting for and against, are printed below:
Rules Committee record vote No. 50
Date: October 31, 2001.
Measure: H.R. 3150.
Motion by: Mr. Hastings of Florida.
Summary of motion: To make in order the amendment by Representative
Gephardt which contains the same text as H.R. 2955, the Displaced
Workers Assistance Act. The amendment provides financial assistance,
training, and health care coverage to employees of the airline and
related industries who lose their jobs as a result of the attacks of
September 11, 2001; provides expanded unemployment insurance benefits,
fully subsidizes health insurance premium payments of COBRA-eligible
individuals; and provides federally funded Medicaid coverage for the
non-COBRA eligible.
Results: Defeated 4 6.
Vote by Members: Goss--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay;
Sessions--Nay; Reynolds--Nay; Frost--Yea; Hall--Yea; Slaughter--Yea;
Hastings (FL)--Yea; Dreier--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE
(Summaries derived from information provided by amendment sponsors.)
Young (AK)--Manager's Amendment. Extends the $1.5 billion
authorization into FY 2003; authorizes airlines to use technology to
create a trusted passenger program to expedite the security process for
them and allow the screeners to focus on those who should be subject to
more extensive examination, amends the Stabilization Act to clarify that
deferred compensation does not preclude the airline's eligibility for
the financial assistance provided by the Act; establishes guidelines for
transportation of medical items that cannot be opened or x-rayed;
modifies the Stabilization Act to allow a different method for assessing
the compensation share of the air medical industry; establishes
preference for laid off airline workers in screener hiring; improves
identification or verification of status of armed individuals; requires
airports receiving financial aid to work with airport restaurants,
shops, and other concessionaires on rent adjustments to account for
their loss of revenue; allows oversized musical instruments to be
carried on planes notwithstanding restrictions on carry-on baggage
subject to such other reasonable terms such as additional payment;
allows airline caterers to share with the airports in the $1.5 billion
authorization to cover the additional security costs that they have been
incurring since 9/11; expresses the sense of Congress urging the FAA to
continue negotiation in good faith with their flight service specialists
with a goal of reaching agreement on a contract as soon as possible;
expresses the sense of Congress that the FAA should implement section
202 of the Stabilization Act so as to make war risk insurance available
to vendors, agents, and subcontractors of general aviation aircraft;
expresses the sense of Congress that airlines that have a contract with
the Postal Service to carry the mail should carry any animal that the
Postal Service allows to be shipped through the mail; extends liability
language in the Stabilization Act to manufacturers; requires retroactive
background checks for screeners and airport employees; strengthens
existing language in the bill on the screening of checked baggage;
requires airlines to provide seating an off duty air marshal who is
returning home on a flight to the airport nearest the marshal's home at
no cost to the marshal or the federal government if the marshal is
returning home after completing his security duties; allows, in FY 2002,
a privately-owned airport terminal to receive an AIP grant to help pay
off a bond if DOT determines that such a grant is necessary to prevent a
default on the bond; requires airlines to honor tickets of bankrupt
airlines to the extent practicable; gives otherwise qualified pilots a
preference for hiring, requires screeners to demonstrate fitness for
duty each day; deputizes screeners; changes name to Airport Security
Federalization Act; requires that a system is in place to screen all
checked baggage no later than December 31, 2003, and cargo as soon as
practical.
Oberstar--Amendment in the Nature of a Substitute. Incorporates the
text of S. 1447, as passed by the Senate. Makes major improvements in
all aspects of aviation security, and requires that the screening of
passengers and their baggage at the 140 largest airports be conducted by
federal employees. Also makes security improvements regarding checked
baggage, airfield security, Federal Air Marshals, cockpit security,
anti-hijack training, and funding.
TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG OF ALASKA, OR A
DESIGNEE, DEBATABLE FOR 20 MINUTES
Page 1, line 6, strike ``Secure Transportation for America Act of
2001'' and insert ``Airport Security Federalization Act of 2001''.
In the table of contents after line 8, strike the item relating to
section 15 and insert the following:
Sec. 15. Technical corrections.
Page 2, before line 9, insert the following:
TITLE I--AVIATION SECURITY
Redesignate sections 2 through 22 of the bill as sections 101 through
121, respectively.
Conform the table of contents of the bill, accordingly.
Page 13, line 17, strike ``(1) in subsection (a) by striking'' and
inserting the following:
(1) in subsection (a)--
(A) by striking ``a cabin of''; and
(B) by striking
Page 14, line 2, strike ``The responsibility'' and insert the
following:
``(1) In general.--The responsibility
Page 14, after line 8, insert the following:
``(2) Additional screening authority.--The Under Secretary may
perform any such additional screening of passengers and property on
passenger aircraft in air transportation that originates in the United
States or intrastate air transportation that the Under Secretary deems
necessary to enhance aviation security.
Page 14, line 20, strike the closing quotation marks and the final
period and insert the following:
``(g) Deputization of Airport Screening Personnel.--The Under
Secretary shall deputize, for enforcement of such Federal laws as the
Under Secretary determines appropriate, all airport screening personnel
as Federal transportation security agents and shall ensure that such
agents operate under common standards and common uniform, insignia, and
badges.''.
Page 16, lines 11 and 12, strike ``Secure Transportation for America
Act of 2001'' and insert ``Airport Security Federalization Act of
2001''.
Page 16, line 20, strike ``pursuant'' and insert ``pursuant to''.
Page 19, line 22, strike ``and''.
Page 20, line 2, strike the period and insert ``; and'' and the
following:
(J) the ability to demonstrate daily a fitness for duty without any
impairment due to illegal drugs, sleep deprivation, medication, or
alcohol.
Page 21, line 14, strike ``and''.
Page 21, line 20, strike the period and insert a semicolon and the
following:
``(5) 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; and
``(6) provide, in choosing among applicants for a position as a
Federal air marshal, a preference for the hiring of a pilot of an air
carrier whose employment with the air carrier was terminated as a result
of a reduction in the workforce of the air carrier if the pilot is
otherwise qualified for the position.
Page 22, line 3, after ``consultation with'' insert ``and concurrence
of''.
Page 22, before line 10, insert the following:
(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;''.
Page 24, line 1, strike ``Provide'' and insert ``Establish
performance goals for individuals described in paragraph (6), provide''.
Page 24, lines 2 and 3, strike ``individuals described in paragraph
(6)'' and insert ``such individuals,''.
Page 26, after line 2, insert the following:
``(16) 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.
``(17) Establish requirements under which air carriers, under the
supervision of the Under Secretary, could 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.
``(18) In consultation with the Commissioner of Food and Drugs,
develop security procedures under which a medical product to be
transported on a flight of an air carrier would not be subject to manual
or x-ray inspection if conducting such an inspection would irreversibly
damage the product.
``(19) 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 terms and conditions as may be established by the Under
Secretary or the air carrier, including imposing additional charges by
the air carrier.
``(20) Provide for the use of wireless and wire line data
technologies enabling 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.
Page 26, strike line 19 and all that follows through line 7 on page
27 and insert the following:
``(d) Property Security Program.--
``(1) Checked baggage.--
``(A) Final deadline for screening.--A system must be in operation
to screen all checked baggage at all airports in the United States no
later than December 31, 2003.
``(B) Use of explosive detection equipment.--The Under Secretary
shall ensure that explosive detection equipment installed at airports to
screen checked baggage is used to the maximum extent possible.
``(C) Installation of additional explosive detection equipment.--The
Under Secretary shall install additional explosive detection equipment
at airports as soon as possible to ensure that all checked baggage is
screened before being placed in an aircraft.
``(D) Interim bag-match programs.--Until the Under Secretary has
installed enough explosive detection equipment at airports to ensure
that all checked baggage is screened, the Under Secretary shall require
air carriers to implement bag-match programs that ensure that no checked
baggage is placed in an aircraft unless the passenger who checks the
baggage is aboard the aircraft.
``(2) Cargo deadline.--A system must be in operation to screen all
cargo that is to be transported in passenger aircraft in air
transportation and intrastate air transportation as soon as practicable
after the date of enactment of this paragraph.
Page 29, line 10, strike ``and'' and insert the following:
(2) by adding at the end of paragraph (1) the following:
``(G) Background checks of current employees.--A 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) shall be required for any individual who
currently has unescorted access to an aircraft of an air carrier or
foreign air carrier, unescorted access to a secured area of an airport
in the United States that serves an air carrier or foreign air carrier,
or is responsible for screening passengers or property, or both, unless
that individual was subject to such a background check before the
individual began his or her current employment or is exempted from such
a check under section 107.31(m) of title 14, Code of Federal
Regulations.''; and
Page 29, line 11, strike ``(2)'' and insert ``(3)''.
Page 34, strike line 23 and all that follows through line 4 on page
35 and insert the following:
``(c) Airport Security.--
``(1) In general.--There is authorized to be appropriated to the
Secretary for fiscal years 2002 and 2003 a total of $1,500,000,000 to
reimburse airport operators and vendors that provide on-airfield direct
services to air carriers for direct costs incurred by such operators and
vendors to comply with new, additional, or revised security requirements
imposed on such operators and vendors by the Federal Aviation
Administration or Transportation Security Administration on or after
September 11, 2001. Such sums shall remain available until expended.
``(2) Adjustments in rents of airport tenants.--Before providing
financial assistance to an airport operator with funds appropriated
pursuant to paragraph (1), the Secretary shall require the operator to
provide assurances that the operator will 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.''.
Page 36, line 9, strike ``subsection (b)'' and insert ``paragraph
(2)''.
Page 39, lines 16 and 17, strike ``Secure Transportation for America
Act of 2001'' and insert ``Airport Security Federalization Act of
2001''.
Page 43, line 22, after ``sponsor'' insert ``or at a privately owned
or operated airport passenger terminal financed by indebtedness incurred
by the sponsor''.
Page 44, beginning on line 25, strike ``Secure Transportation for
America Act of 2001'' and insert ``Airport Security Federalization Act
of 2001''.
Page 45, after line 15, insert the following:
(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 Air Carriers Providing Air Ambulance
Services.--
``(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 air carriers providing air ambulance
services. 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 air carriers
providing air ambulance services based on an appropriate auditable
measure, as determined by the President.''.
(e) Limitation on Certain Employee Compensation.--Section 104(b) of
such Act is amended by adding at the end the following: ``The term does
not include the amount of any payment received with respect to amounts
earned or accrued before September 11, 2001, but deferred for future
payment.''.
At the end of the bill, add the following (and conform the table of
contents of the bill accordingly):
SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS OF OTHER CARRIERS.
(a) In General.--Subchapter I of chapter 417 is amended by adding at
the end the following:
``41722. Requirement to honor passenger tickets of other carriers
``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 an act of war or terrorism or
insolvency or bankruptcy of the carrier.''.
(b) Conforming Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``41722. Requirement to honor passenger tickets of other carriers.''.
SEC. 123. 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 available to vendors, agents, and
subcontractors of general aviation aircraft.
(c) Transport of Animals.--It is the sense of Congress that 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.
(d) Screening.--It is the sense of Congress that the Under Secretary
of Transportation for Security should require, as soon as practicable,
that all property carried in a passenger aircraft in air transportation
or intrastate air transportation (including checked baggage) be screened
by any currently available means, including X-ray machine, hand-held
metal detector, explosive detection system equipment, or manual search.
TITLE II--VICTIMS COMPENSATION
SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF
CRASHES OF SEPTEMBER 11, 2001.
Section 408 of the Air Transportation Safety and System Stabilization
Act (Public Law 107 42; 115 Stat. 240; 49 U.S.C. 40101 note) is
amended--
(1) by amending the section heading to read as follows:
``SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF
CRASHES OF SEPTEMBER 11, 2001.'';
(2) by amending subsection (a) to read as follows:
``(a) General Limitation of Liability.--Except as provided in this
section, no Federal court or agency or State court or agency shall
enforce any Federal or State law holding any person, or any State or
political subdivision thereof, liable for any damages arising out of the
hijacking and subsequent crashes of American Airlines flights 11 or 77,
or United Airlines flights 93 or 175, on September 11, 2001.'';
(3) in subsection (b), by adding at the end the following new
paragraphs:
``(4) Damages.--If any party to any action brought under this
subsection is determined to be liable--
``(A) no damages in the aggregate ordered by the court to be paid by
such party shall exceed the amount of insurance, minus any payments made
pursuant to a court approved settlement, which such party is determined
to have obtained prior to September 11, 2001, and which is determined to
cover such party's liability for any damages arising out of the
hijacking and subsequent crashes of American Airlines flights 11 or 77,
or United Airlines flights 93 or 175, on September 11, 2001;
``(B) such party shall not be liable for interest prior to the
judgment or for punitive damages intended to punish or deter; and
``(C) the court shall reduce the amount of damages awarded to a
plaintiff by the amount of collateral source compensation that the
plaintiff has received or is entitled to receive as a result of the
terrorist-related aircraft crashes of September 11, 2001.
``(5) Attorneys' fees.--Reasonable attorneys' fees for work
performed in any action brought under this subsection shall be subject
to the discretion of the court, but in no event shall any attorney
charge, demand, receive, or collect for services rendered, fees in
excess of 20 percent of the damages ordered by the court to be paid
pursuant to this subsection, or in excess of 20 percent of any court
approved settlement made of any claim cognizable under this subsection.
Any attorney who charges, demands, receives, or collects for services
rendered in connection with such claim any amount in excess of that
allowed under this subsection, if recovery be had, shall be fined not
more than $2,000 or imprisoned not more than one year, or both.'';
(4) by amending subsection (c) to read as follows:
``(c) Exclusion.--Nothing in this section shall in any way limit any
liability of any person who--
``(1) hijacks any aircraft or commits any terrorist act; or
``(2) knowingly participates in a conspiracy to hijack any aircraft
or commit any terrorist act.''; and
(5) by adding at the end the following new subsections:
``(d) Disclaimer.--Nothing herein implies that any person is liable
for damages arising out of the hijacking and subsequent crashes of
American Airlines flights 11 or 77, or United Airlines flights 93 or
175, on September 11, 2001.
``(e) State Defined.--In this section, the term `State' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, and any other territory or possession of
the United States or any political subdivision of any of the
foregoing.''.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OBERSTAR OF MINNESOTA,
OR A DESIGNEE, DEBATABLE FOR 60 MINUTES
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation Security
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AVIATION SECURITY
Sec. 101. Findings.
Sec. 102. Transportation security function.
Sec. 103. Aviation Security Coordination Council.
Sec. 104. Improved flight deck integrity measures.
Sec. 105. Deployment of Federal air marshals.
Sec. 106. Improved airport perimeter access security.
Sec. 107. Enhanced anti-hijacking training for flight crews.
Sec. 108. Passenger and property screening.
Sec. 109. Training and employment of security screening personnel.
Sec. 110. Research and development.
Sec. 111. Flight school security.
Sec. 112. Report to Congress on security.
Sec. 113. General aviation and air charters.
Sec. 114. Increased penalties for interference with security personnel.
Sec. 115. Security-related study by FAA.
Sec. 116. Air transportation arrangements in certain States.
Sec. 117. Airline computer reservation systems.
Sec. 118. Security funding.
Sec. 119. Increased funding flexibility for aviation security.
Sec. 120. Authorization of funds for reimbursement of airports for
security mandates.
Sec. 121. Encouraging airline employees to report suspicious activities.
Sec. 122. Less-than-lethal weaponry for flight deck crews.
Sec. 123. Mail and freight waivers.
Sec. 124. Safety and security of on-board supplies.
Sec. 125. Flight deck security
Sec. 126. Amendments to airmen registry authority.
Sec. 127. Results-based management.
Sec. 128. Use of facilities.
Sec. 129. Report on national air space restrictions put in place
after terrorist attacks that remain in place.
Sec. 130. Voluntary provision of emergency services during
commercial flights.
Sec. 131. Enhanced security for aircraft.
Sec. 132. Implementation of certain detection technologies.
Sec. 133. Report on new responsibilities of the Department of
Justice for aviation security.
Sec. 134. Definitions.
TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES
SUBTITLE A--EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT SECURITY
TECHNOLOGIES AND PROCEDURES
Sec. 201. Expanded deployment and utilization of current security
technologies and procedures.
SUBTITLE B--SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECURITY
TECHNOLOGIES AND PROCEDURES
Sec. 211. Short-term assessment and deployment of emerging
security technologies and procedures.
SUBTITLE C--RESEARCH AND DEVELOPMENT OF AVIATION SECURITY TECHNOLOGY
Sec. 221. Research and development of aviation security technology.
TITLE I--AVIATION SECURITY
SEC. 101. FINDINGS.
The Congress finds the following:
(1) The safety and security of the civil air transportation system
is critical to the United States' security and its national defense.
(2) A safe and secure United States civil air transportation system
is essential to the basic freedom of Americans to move in intrastate,
interstate, and international transportation.
(3) The terrorist hijackings and crashes of passenger aircraft on
September 11, 2001, converting civil aircraft into guided bombs for
strikes against civilian and military targets requires the United States
to change fundamentally the way it approaches the task of ensuring the
safety and security of the civil air transportation system.
(4) The existing fragmentation of responsibility for that safety and
security among government agencies and between government and
nongovernment entities is inefficient and unacceptable in light of the
hijackings and crashes on September 11, 2001.
(5) The General Accounting Office has recommended that security
functions and security personnel at United States airports should become
a Federal government responsibility.
(6) Although the number of Federal air marshals is classified, their
presence on both international and domestic flights would have a
deterrent effect on hijacking and would further bolster public
confidence in the safety of air travel.
(7) The effectiveness of existing security measures, including
employee background checks and passenger pre-screening, is impaired
because of the inaccessibility of, or the failure to share information
among, data bases maintained by different Federal and international
agencies for criminal behavior or pertinent intelligence information.
SEC. 102. TRANSPORTATION SECURITY FUNCTION.
(a) In General.--Section 102 of title 49, United States Code, is
amended--
(1) by redesignating subsections (d), (e), and (f) as subsections
(e), (f), and (g); and
(2) by inserting after subsection (c) the following:
``(d) Deputy Secretary for Transportation Security.--
``(1) In general.--The Department has a Deputy Secretary for
Transportation Security, who shall be appointed by the President, by and
with the advice and consent of the Senate. The Deputy Secretary for
Transportation Security shall carry out duties and powers prescribed by
the Secretary relating to security for all modes of transportation.
``(2) Aviation-related duties.--The Deputy Secretary--
``(A) shall coordinate and direct, as appropriate, the functions and
responsibilities of the Secretary of Transportation and the
Administrator of the Federal Aviation Administration under chapter 449;
``(B) shall 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;
and
``(C) shall actively cooperate and coordinate with the Attorney
General, the Secretary of Defense, and the heads of other appropriate
Federal agencies and departments with responsibilities for national
security and criminal justice enforcement activities that are related to
aviation security through the Aviation Security Coordination Council.
``(3) National emergency responsibilities.--Subject to the direction
and control of the Secretary, the Deputy Secretary shall have the
following responsibilities:
``(A) To coordinate domestic transportation during a national
emergency, including aviation, rail, and other surface transportation,
and maritime transportation (including port security).
``(B) To coordinate and oversee during a national emergency 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 establish uniform national standards and practices for
transportation during a national emergency.
``(D) To coordinate and provide notice to other departments and
agencies of the Federal Government, and appropriate agencies of State
and local governments, including departments and agencies for
transportation, law enforcement, and border control, about threats to
transportation during a national emergency.
``(E) To carry out such other duties, and exercise such other
powers, relating to transportation during a national emergency as the
Secretary of Transportation shall prescribe.
``(4) Relationship to other transportation authority.--The authority
of the Deputy Secretary under paragraph (3) to coordinate and oversee
transportation and transportation-related responsibilities during a
national emergency shall not supersede the authority of any other
department or agency of the Federal Government under law with respect to
transportation or transportation-related matters, whether or not during
a national emergency.
``(5) Annual report.--The Deputy Secretary shall submit to the
Congress on an annual basis a report on the activities of the Deputy
Secretary under paragraph (3) during the preceding year.
``(6) National emergency.--The Secretary of Transportation shall
prescribe the circumstances constituting a national emergency for
purposes of paragraph (3).''.
(b) Attorney General Responsibilities.--The Attorney General of the
United States--
(1) is responsible for day-to-day Federal security screening
operations for passenger air transportation or intrastate air
transportation under sections 44901 and 44935 of title 49, United States
Code;
(2) shall 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;
(3) is responsible for hiring and training personnel to provide
security screening at all United States airports involved in passenger
air transportation or intrastate air transportation, in consultation
with the Secretary of Transportation, the Secretary of Defense, and the
heads of other appropriate Federal agencies and departments; and
(4) shall actively cooperate and coordinate with the Secretary of
Transportation, the Secretary of Defense, and the heads of other
appropriate Federal agencies and departments with responsibilities for
national security and criminal justice enforcement activities that are
related to aviation security through the Aviation Security Coordination
Council.
(c) Review and Development of Ways To Strengthen Security.--Section
44932(c) of title 49, United States Code, is amended--
(1) by striking ``x-ray'' in paragraph (4);
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking ``passengers.'' in paragraph (5) and inserting
``passengers;''; and
(4) by adding at the end the following:
``(6) to strengthen and enhance the ability to detect nonexplosive
weapons, such as biological, chemical, or similar substances; and
``(7) to evaluate such additional measures as may be appropriate to
enhance physical inspection of passengers, luggage, and cargo.''.
(d) Transition.--Until the Deputy Secretary for Transportation
Security takes office, the functions of the Deputy Secretary that relate
to aviation security shall be carried out by the Assistant Administrator
for Civil Aviation Security of the Federal Aviation Administration.
SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.
(a) In General.--Section 44911 of title 49, United States Code, is
amended by adding at the end the following:
``(f) Aviation Security Coordination Council.--
``(1) In general.--There is established an Aviation Security
Coordination Council.
``(2) Function.--The Council shall work with the intelligence
community to coordinate intelligence, security, and criminal enforcement
activities affecting the safety and security of aviation at all United
States airports and air navigation facilities involved in air
transportation or intrastate air transportation.
``(3) Chair.--The Council shall be chaired by the Secretary of
Transportation or the Secretary's designee.
``(4) Membership.--The members of the Council are:
``(A) The Secretary of Transportation, or the Secretary's designee.
``(B) The Attorney General, or the 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) The head, or an officer or employee designated by the head, of
any other Federal agency the participation of which is determined by the
Secretary of Transportation, in consultation with the Attorney General,
to be appropriate.
``(g) Cross-checking Data Base Information.--The Secretary of
Transportation, acting through the Aviation Security Coordination
Council, shall--
``(1) explore the technical feasibility of developing a common
database of individuals who may pose a threat to aviation or national
security;
``(2) enter into memoranda of understanding with other Federal
agencies to share or otherwise cross-check data on such individuals
identified on Federal agency data bases, and may utilize other available
data bases as necessary; and
``(3) evaluate and assess technologies in development or use at
Federal departments, agencies, and instrumentalities that might be
useful in improving the safety and security of aviation in the United
States.''.
(b) Policies and Procedures.--Section 44911(b) of title 49, United
States Code, is amended by striking ``international''.
(c) Strategic Planning.--Section 44911(c) of title 49, United States
Code, is amended by striking ``consider placing'' and inserting
``place''.
SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.
(a) In General.--As soon as possible after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall--
(1) issue an order (without regard to the 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 except to
authorized personnel;
(B) requiring the strengthening of the flight deck door and locks on
any such aircraft operating in air transportation or intrastate air
transportation that has a rigid door in a 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 the flight
deck crew access and egress; and
(D) prohibiting the possession of a key to any such flight deck door
by any member of the flight crew who is not assigned to the flight deck;
and
(2) take such other action, including modification of safety and
security procedures, as may be necessary to ensure the safety and
security of the aircraft.
(b) Commuter Aircraft.--The Administrator shall investigate means of
securing, to the greatest feasible extent, the flight deck of 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 (without regard to the provisions of
chapter 5 of title 5, United States Code) to ensure the inaccessibility,
to the greatest extent feasible, of the flight deck while the aircraft
is so engaged.
SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) Air Marshals Under Attorney General Guidelines.--The Attorney
General shall prescribe guidelines for the training and deployment of
individuals authorized, with the approval of the Attorney General, to
carry firearms and make arrests under section 44903(d) of title 49,
United States Code. The Secretary of Transportation shall administer the
air marshal program under that section in accordance with the guidelines
prescribed by the Attorney General.
(b) Deployment.--Section 44903(d) of title 49, United States Code, is
amended--
(1) by inserting ``(1)'' before ``With'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B); and
(3) by adding at the end the following:
``(2) The Secretary--
``(A) may place Federal air marshals on every scheduled passenger
flight in air transportation and intrastate air transportation; and
``(B) shall place them on every such flight determined by the
Secretary to present high security risks.
``(3) In making the determination under paragraph (2)(B), nonstop
longhaul flights, such as those targeted on September 11, 2001, should
be a priority.''.
(c) Training, Supervision, and Flight Assignment.--Within 30 days
after the date of enactment of this Act, the Secretary of
Transportation, under the authority of subsections (d) and (e) of
section 44903 of title 49, United States Code, shall--
(1) provide for deployment of Federal air marshals on flights in air
transportation and intrastate air transportation;
(2) provide for appropriate background and fitness checks for
candidates for appointment as Federal air marshals;
(3) provide for appropriate training, supervision, and equipment of
Federal air marshals; and
(4) require air carriers to provide seating for Federal air marshals
on any flight without regard to the availability of seats on that
flight.
(d) International Flights.--The Secretary shall work with the
International Civil Aviation Organization and with appropriate civil
aviation authorities of foreign governments under section 44907 of title
49, United States Code, to address security concerns on flights by
foreign air carriers to and from the United States.
(e) Interim Measures.--The Secretary may, after consultation with the
heads of other Federal agencies and departments, use personnel from
those agencies and departments to provide air marshal service on
domestic and international flights, and may use the authority provided
by section 324 of title 49, United States Code, for such purpose.
(f) Reports.--
(1) In general.--The Attorney General and the Secretary of
Transportation shall submit the following reports in classified form, if
necessary, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure:
(A) Within 18 months after the date of enactment of this Act, an
assessment of the program carried out under section 44903(d) of title
49, United States Code.
(B) Within 120 days after such date, an assessment of the
effectiveness of the security screening process for carry-on baggage and
checked baggage.
(C) Within 6 months after the date of enactment of this Act, an
assessment of the safety and security-related training provided to
flight and cabin crews.
(2) Recommendations.--The Attorney General and the Secretary may
submit, as part of any report under this subsection or separately, any
recommendations they may have for improving the effectiveness of the
Federal air marshal program or the security screening process.
(g) Cooperation With Other Agencies.--The last sentence of section
106(m) of title 49, United States Code, is amended by striking
``supplies and'' and inserting ``supplies, personnel, services, and''.
(h) Authority To Appoint Retired Law Enforcement
Officers.--Notwithstanding any other provision of law, the Secretary of
Transportation may appoint an individual who is a retired law
enforcement officer or a retired member of the Armed Forces as a Federal
air marshal, regardless of age, or an individual discharged or
furloughed from a commercial airline cockpit crew position, if the
individual otherwise meets the background and fitness qualifications
required for Federal air marshals.
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 Secretary of Transportation, 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 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. The
Secretary of Transportation, after consultation with the Aviation
Security Coordination Council, shall consider whether airport, air
carrier personnel, and other individuals with access to such areas
should be screened to prevent individuals who present a risk to aviation
security or national security from gaining access to such areas.
``(3) Deployment of federal law enforcement personnel.--The
Secretary of Transportation 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.''.
(b) Small and Medium Airports.--The Administrator of the Federal
Aviation Administration shall develop a plan to provide technical
support to small and medium airports to enhance security operations,
including screening operations, and to provide financial assistance to
those airports to defray the costs of enhancing security. The Federal
Aviation Administration in consultation with the appropriate State or
local government law enforcement authorities, shall reexamine the safety
requirements for small community airports, to reflect a reasonable level
of threat to those individual small community airports, including the
parking of passenger vehicles within 300 feet
of the airport terminal building with respect to that airport.
(c) 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 shall require airports to
maximize the use of technology and equipment that is designed to detect
potential chemical or biological weapons.''.
(d) Improvement of Secured-Area Access 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.''.
(e) Airport Security Pilot Program.--Section 44903(c) of title 49,
United States Code, is amended by adding at the end the following:
``(3) The Administrator shall establish pilot programs in no fewer
than 20 airports to test and evaluate new and emerging technology for
providing access control and other security protections for closed or
secure areas of the airports. Such technology may include biometric or
other technology that ensures only authorized access to secure areas.''.
(f) Airport Security Awareness Programs.--The Secretary of
Transportation shall require air carriers and airports involved in air
transportation or intrastate air transportation to develop security
awareness programs for airport employees, ground crews, and other
individuals employed at such airports.
SEC. 107. ENHANCED ANTI-HIJACKING TRAINING FOR FLIGHT CREWS.
(a) In General.--The Secretary of Transportation shall develop a
mandatory air carrier program of training for flight and cabin crews of
aircraft providing air transportation or intrastate air transportation
in dealing with attempts to commit aircraft piracy (as defined in
section 46502(a)(1)(A) of title 49, United States Code). The Secretary
shall ensure that the training curriculum is developed in consultation
with Federal law enforcement agencies with expertise in terrorism,
self-defense, hijacker psychology, and current threat conditions.
(b) Notification Procedures.--The Administrator of the Federal
Aviation Administration shall revise the procedures by which cabin crews
of aircraft can notify flight deck crews of security breaches and other
emergencies and implement any new measures as soon as practicable.
SEC. 108. PASSENGER AND PROPERTY SCREENING.
(a) In General.--Section 44901 of title 49, United States Code, is
amended to read as follows:
``44901. Screening passengers, individuals with access to
secure areas, and property
``(a) In General.--The Attorney General, in consultation with the
Secretary of Transportation, 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 an
aircraft in air transportation or intrastate air transportation. The
screening shall take place before boarding and, except as provided in
subsection (c), shall be carried out by a Federal government employee
(as defined in section 2105 of title 5, United States Code). The
Attorney General, in consultation with the Secretary, shall provide for
the screening of all persons, including airport, air carrier, foreign
air carrier, and airport concessionaire employees, before they are
allowed into sterile or secure areas of the airport, as determined by
the Attorney General. The screening of airport, air carrier, foreign air
carrier, and airport concessionaire employees, and other nonpassengers
with access to secure areas, shall be conducted in the same manner as
passenger screenings are conducted, except that the Attorney General may
authorize alternative screening procedures for personnel engaged in
providing airport or aviation security at an airport. In carrying out
this subsection, the Attorney General shall maximize the use of
available nonintrusive and other inspection and detection technology
that is approved by the Administrator of the Federal Aviation
Administration for the purpose of screening passengers, baggage, mail,
or cargo.
``(b) Deployment of Armed Personnel.--
``(1) In general.--The Attorney General shall order the deployment
of law enforcement personnel authorized to carry firearms at each
airport security screening location to ensure passenger safety and
national security.
``(2) Minimum requirements.--Except at airports required to enter
into agreements under subsection (c), the Attorney General 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 Attorney General shall
order the deployment of additional law enforcement personnel at airport
security
screening locations if the Attorney General determines that
the additional deployment is necessary to ensure passenger safety and
national security.
``(c) Security at Small Community Airports.--
``(1) Passenger screening.--In carrying out subsection (a) and
subsection (b)(1), the Attorney General may require any nonhub airport
(as defined in section 41731(a)(4)) or smaller airport with scheduled
passenger operations to enter into an agreement under which screening of
passengers and property will be carried out by qualified, trained State
or local law enforcement personnel if--
``(A) the screening services are equivalent to the screening
services that would be carried out by Federal personnel under subsection
(a);
``(B) the training and evaluation of individuals conducting the
screening or providing security services meets the standards set forth
in section 44935 for training and evaluation of Federal personnel
conducting screening or providing security services under subsection
(a);
``(C) the airport is reimbursed by the United States, using funds
made available by the Aviation Security Act, for the costs incurred in
providing the required screening, training, and evaluation; and
``(D) the Attorney General has consulted the airport sponsor.
``(2) Determination of limited requirements.--The Attorney General,
in consultation with the Secretary of Transportation, may prescribe
modified aviation security measures for a nonhub airport if the Attorney
General determines that specific security measures are not required at a
nonhub airport at all hours of airport operation because of--
``(A) the types of aircraft that use the airport;
``(B) seasonal variations in air traffic and types of aircraft that
use the airport; or
``(C) other factors that warrant modification of otherwise
applicable security requirements.
``(3) Additional federal security measures.--At any airport required
to enter into a reimbursement agreement under paragraph (1), the
Attorney General--
``(A) may provide or require additional security measures;
``(B) may conduct random security inspections; and
``(C) may provide assistance to enhance airport security at that
airport.
``(d) Manual Process.--
``(1) In general.--The Attorney General shall require a manual
process, at explosive detection system screening locations in airports
where explosive detection equipment is underutilized, which will augment
the Computer Assisted Passenger Prescreening System by randomly
selecting additional checked bags for screening so that a minimum number
of bags, as prescribed by the Attorney General, are examined.
``(2) Limitation on statutory construction.--Paragraph (1) shall not
be construed to limit the ability of the Attorney General or the
Secretary of Transportation to impose additional security measures when
a specific threat warrants such additional measures.
``(3) Maximum use of explosive detection equipment.--In prescribing
the minimum number of bags to be examined under paragraph (1), the
Attorney General shall seek to maximize the use of the explosive
detection equipment.
``(e) Flexibility of Arrangements.--In carrying out subsections (a),
(b), and (c), the Attorney General may use memoranda of understanding or
other agreements with the heads of appropriate Federal law enforcement
agencies covering the utilization and deployment of personnel of the
Department of Justice or such other agencies.''.
(b) Deputizing of State and Local Law Enforcement Officers.--Section
512 of the Wendell H. Ford Aviation Investment and Reform Act for the
21st Century is amended--
(1) by striking ``purpose of'' in subsection (b)(1)(A) and inserting
``purposes of (i)'';
(2) by striking ``transportation;'' in subsection (b)(1)(A) and
inserting ``transportation, and (ii) regulate the provisions of security
screening services under section 44901(c) of title 49, United States
Code;'';
(3) by striking `` not federal responsibility'' in the heading of
subsection (b)(3)(b);
(4) by striking ``shall not be responsible for providing'' in
subsection (b)(3)(B) and inserting ``may provide'';
(5) by striking ``flight.'' in subsection (c)(2) and inserting
``flight and security screening functions under section 44901(c) of
title 49, United States Code.'';
(6) by striking ``General'' in subsection (e) and inserting
``General, in consultation with the Secretary of Transportation,''; and
(7) by striking subsection (f).
(c) Transition.--The Attorney General shall complete the full
implementation of section 44901 of title 49, United States Code, as
amended by subsection (a), as soon as is practicable but in no event
later than 9 months after the date of enactment of this Act. The
Attorney General may make or continue such arrangements, including
arrangements under the authority of sections 40110 and 40111 of that
title, for the screening of passengers and property under that section
as the Attorney General determines necessary pending full implementation
of that section as so amended.
SEC. 109. TRAINING AND EMPLOYMENT OF SECURITY SCREENING PERSONNEL.
(a) In General.--Section 44935 of title 49, United States Code, is
amended--
(1) by redesignating subsection (f) as subsection (i); and
(2) by striking subsection (e) and inserting the following:
``(e) Security Screeners.--
``(1) Training program.--The Attorney General, in consultation with
the Secretary of Transportation, shall establish a program for the
hiring and training of security screening personnel.
``(2) Hiring.--
``(A) Qualifications.--The Attorney General shall establish, within
30 days after the date of enactment of the Aviation Security Act,
qualification standards for individuals to be hired by the United States
as security screening personnel. Notwithstanding any provision of law to
the contrary, those standards shall, at a minimum, require an
individual--
``(i) to have a satisfactory or better score on a Federal security
screening personnel selection examination;
``(ii) to have been a national of the United States, as defined in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)), for a minimum of 5 consecutive years;
``(iii) to have passed an examination for recent consumption of a
controlled substance;
``(iv) to meet, at a minimum, the requirements set forth in
subsection (f); and
``(v) to meet such other qualifications as the Attorney General may
establish.
``(B) Background checks.--The Attorney General 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 Attorney General, in consultation with the heads of other
appropriate Federal agencies, shall establish procedures, in addition to
any background check conducted under section 44936, to ensure that no
individual who presents a threat to national security is employed as a
security screener.
``(3) Examination; review of existing rules.--The Attorney General
shall develop a security screening personnel examination for use in
determining the qualification of individuals seeking employment as
security screening personnel. The Attorney General 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
to the contrary, an individual may not be employed 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 Attorney General has
determined to have equipped 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 Attorney General. Wherever the screening
equipment system displays colors, the operator shall be able to perceive
each color.
``(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 a individual's entire body.
``(C) The individual shall be able to read, speak, and write English
well enough to--
``(i) carry out written and oral 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 (2).
``(2) Exceptions.--An individual who has not completed the training
required by this section may be employed during the on-the-job portion
of 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.
``(3) 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.
``(4) Annual proficiency review.--The Attorney General 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.
``(5) Operational testing.--In addition to the annual proficiency
review conducted under paragraph (4), the Attorney General shall provide
for the operational testing of such personnel.
``(g) Training.--
``(1) Use of other agencies.--The Attorney General shall enter into
a memorandum of 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.--The Attorney General shall, within 60 days
after the date of enactment of the Aviation Security Act, develop a plan
for the training of security screening personnel. The plan shall, at a
minimum, require that before being deployed as a security screener, an
individual--
``(A) has completed 40 hours of classroom instruction or
successfully completed a program that the Attorney General determines
will train individuals to a level of proficiency equivalent to the level
that would be achieved by such classroom instruction;
``(B) has completed 60 hours of on-the-job instruction; and
``(C) has successfully completed an on-the-job training examination
prescribed by the Attorney General.
``(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.--The Attorney General shall require
training to ensure that screeners are proficient in using the most
up-to-date new technology and to ensure their proficiency in recognizing
new threats and weapons. The Attorney General shall make periodic
assessments to determine if there are dual use items and inform security
screening personnel of the existence of such items. Current lists of
dual use items shall be part of the ongoing training for screeners. For
purposes of this subsection, the term `dual use' item means an item that
may seem harmless but that may be used as a weapon.''.
(b) Conforming Amendments.--
(1) Section 44936(a)(1)(A) is amended by inserting ``as a security
screener under section 44935(e) or a position'' after ``a position''.
(2) Section 44936(b) of title 49, United States Code, is amended--
(A) by inserting ``the Attorney General,'' after ``subsection,'' in
paragraph (1); and
(B) by striking ``An'' in paragraph (3) and inserting ``The Attorney
General, an''.
(3) Section 44936(a)(1)(E) is amended by striking clause (iv).
(c) Transition.--The Attorney General shall 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 Attorney General may make or continue such arrangements
for the training of security screeners under that section as the
Attorney General determines necessary pending full implementation of
that section as so amended.
(d) Screener Personnel.--Notwithstanding any other provision of law,
the Attorney General may employ, appoint, discipline, terminate, and fix
the compensation, terms, and conditions of employment of Federal service
for such a number of individuals as the Attorney General determines to
be necessary to carry out the passenger security screening functions of
the Attorney General under section 44901 of title 49, United States
Code.
(e) Strikes Prohibited.--An individual employed as a security
screener under section 44901 of title 49, United States Code, is
prohibited from participating in a strike or asserting the right to
strike pursuant to section 7311(3) or 7116(b)(7) of title 5, United
States Code.
(f) Background Checks for Existing Employees.--
(1) In general.--Section 44936 of title 49, United States Code, is
amended by inserting ``is or'' before ``will'' in subsection
(a)(1)(B)(i).
(2) Effective date.--The amendments made by paragraph (1) apply with
respect to individuals employed on or after the date of enactment of the
Aviation Security Act in a position described in subparagraph (A) or (B)
of section 44936(a)(1) of title 49, United States Code. The Secretary of
Transportation may provide by order for a phased-in implementation of
the requirements of section 44936 of that title made applicable to
individuals employed in such positions at airports on the date of
enactment of this Act.
SEC. 110. RESEARCH AND DEVELOPMENT.
(a) In General.--Section 44912(b)(1) of title 49, United States Code,
is amended--
(1) by striking ``complete an intensive review of'' and inserting
``periodically review'';
(2) by striking ``commercial aircraft in service and expected to be
in service in the 10-year period beginning on November 16, 1990;'' in
subparagraph (B) and inserting ``aircraft in air transportation;''; and
(3) by redesignating subparagraphs (D) through (F) as subparagraphs
(E) through (G), 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 amended--
(A) by redesignating subparagraphs (A) through (F) as subparagraphs
(B) through (G), respectively; and
(B) by inserting before subparagraph (B), as so redesignated, the
following new 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 Security Act, and every two years thereafter, the Administrator
shall review the composition of the advisory panel in order to ensure
that the expertise of the individuals on the panel is suited to the
current and anticipated duties of the panel.''.
(c) Coordination With Attorney General.--Section 44912(b) of title
49, United States Code, is amended by adding at the end the following:
``(3) Beginning on the date of enactment of the Aviation Security
Act, the Administrator shall conduct all research related to screening
technology and procedures in conjunction with the Attorney General.''.
SEC. 111. FLIGHT SCHOOL SECURITY.
(a) Prohibition.--Chapter 449 of title 49, United States Code, is
amended by adding at the end the following new section:
``44939. Training to operate jet-propelled aircraft
``(a) Prohibition.--No person subject to regulation under this part
may provide training in the operation of any jet-propelled aircraft to
any alien (or other individual specified by the Secretary of
Transportation under this section) within the United States unless the
Attorney General issues to that person a certification of the completion
of a background investigation of the alien or other individual under
subsection (b).
``(b) Investigation.--
``(1) Request.--Upon the joint request of a person subject to
regulation under this part and an alien (or individual specified by the
Secretary) for the purposes of this section, the Attorney General
shall--
``(A) carry out a background investigation of the alien or
individual within 30 days after the Attorney General receives the
request; and
``(B) upon completing the investigation, issue a certification of
the completion of the investigation to the person.
``(2) Scope.--A background investigation of an alien or individual
under this subsection shall consist of the following:
``(A) A determination of whether there is a record of a criminal
history for the alien or individual and, if so, a review of the record.
``(B) A determination of the status of the alien under the
immigration laws of the United States.
``(C) A determination of whether the alien or individual presents a
national security risk to the United States.
``(3) Recurrent training.--The Attorney General shall develop
expedited procedures for requests that relate to recurrent training of
an alien or other individual for whom a certification has previously
been issued under paragraph (1).
``(c) Sanctions.--A person who violates subsection (a) shall be
subject to administrative sanctions that the Secretary of Transportation
shall prescribe in regulations. The sanctions may include suspension and
revocation of licenses and certificates issued under this part.
``(d) 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.
``(e) Reporting Requirement.--Each person subject to regulation under
this part that provides training in the operation of any jet-propelled
aircraft shall report to the Secretary of Transportation, at such time
and in such manner as the Secretary may prescribe, the name, address,
and such other information as the Secretary may require concerning--
``(1) each alien to whom such training is provided; and
``(2) every other individual to whom such training is provided as
the Secretary may require.
``(f) Alien Defined.--In this section, the term `alien' has the
meaning given the term in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).''.
(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 jet-propelled 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.
SEC. 112. REPORT TO CONGRESS ON SECURITY.
Within 60 days after the date of enactment of this Act, the Attorney
General and the Secretary of Transportation shall transmit a report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
containing their joint recommendations on additional measures for the
Federal Government to address transportation security functions.
SEC. 113. GENERAL AVIATION AND AIR CHARTERS.
The Secretary of Transportation shall submit to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure within 3
months after the date of enactment of this Act a report on how to
improve security with respect to general aviation and air charter
operations in the United States.
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:
``46503. Interference with security screening personnel
``An individual in an area within a commercial service airport in the
United States who, by assaulting or intimidating 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,
intimidation, 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. 115. SECURITY-RELATED STUDY BY FAA.
Within 120 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall transmit to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
a report setting forth the Administrator's findings and recommendations
on the following aviation security-related issues:
(1) A requirement that individuals employed at an airport with
scheduled passenger service, and law enforcement personnel at such an
airport, be screened via electronic identity verification or, until such
verification is possible, have their identity verified by visual
inspection.
(2) The installation of switches in the cabin for use by cabin crew
to notify the flight crew discreetly that there is a security breach in
the cabin.
(3) A requirement that air carriers and airports revalidate all
employee identification cards using hologram stickers, through card
re-issuance, or through electronic revalidation.
(4) The updating of the common strategy used by the Administration,
law enforcement agencies, air carriers, and flight crews during
hijackings to include measures to deal with suicidal hijackers and other
extremely dangerous events not currently dealt with by the strategy.
(5) The use of technology that will permit enhanced instant
communications and information between airborne passenger aircraft and
appropriate individuals or facilities on the ground.
SEC. 116. 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.
SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.
(a) In General.--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.
(b) Report.--The Secretary shall transmit an annual report to the
Senate Committee on Commerce, Science, and Transportation and to the
House of Representatives Committee on Transportation and Infrastructure
on compliance by United States air carriers with the requirements of
subsection (a).
SEC. 118. SECURITY FUNDING.
(a) User Fee for Security Services.--
(1) In general.--Chapter 481 is amended by adding at the end thereof
the following:
``48114. User fee for security services charge
``(a) In General.--The Secretary of Transportation shall collect a
user fee from air carriers. Amounts collected under this section shall
be treated as offsetting collections to offset annual appropriations for
the costs of providing aviation security services.
``(b) Amount of Fee.--Air carriers shall remit $2.50 for each
passenger enplanement.
``(c) Use of Fees.--A fee collected under this section shall be used
solely for the costs associated with providing aviation security
services and may be used only to the extent provided in advance in an
appropriation law.''.
(2) Clerical amendment.--The table of sections for chapter 481 is
amended by adding at the end thereof the following:
``48114. User fee for security services''.
(3) Effective date.--The amendment made by paragraph (1) shall apply
with respect to transportation beginning after the date which is 180
days after the date of enactment of this Act.
(b) 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
``48301. Aviation security funding
``There are authorized to be appropriated for fiscal years 2002,
2003, and 2004, such sums as may be necessary to carry out chapter 449
and related aviation security activities under this title.''.
(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) Blanket authority.--Notwithstanding any provision of law to the
contrary, including any provision of chapter 471 of title 49, United
States Code, or any rule, regulation, or agreement thereunder, for
fiscal year 2002 the Administrator of the Federal Aviation
Administration may permit an airport operator to use amounts made
available under that chapter to defray additional direct
security-related expenses imposed by law or rule after September 11,
2001, for which funds are not otherwise specifically appropriated or
made available under this or any other Act.
(2) Airport development funds.--Section 47102(3) of title 49, United
States Code, is amended by adding at the end the following:
``(J) after September 11, 2001, and before October 1, 2002, for
fiscal year 2002, additional operational requirements, improvement of
facilities, purchase and deployment of equipment, hiring, training, and
providing appropriate personnel, or an airport or any aviation operator
at an airport, that the Secretary determines will enhance and ensure the
security of passengers and other persons involved in air travel.''.
(3) 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), and shall not depend upon the
date of execution of a grant agreement made under this subchapter;''.
(4) 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
nonfederal resources available to sponsor, the use of such nonfederal
resources, and the degree to which the sponsor is providing increased
funding for the project.''.
(5) 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).''.
(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.
SEC. 120. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS
FOR SECURITY MANDATES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary for fiscal year 2002 to compensate airport operators for
eligible security costs.
(b) Reimbursable Costs.--The Secretary may reimburse an airport
operator (from amounts made available for obligation under subsection
(a)) for the direct costs incurred by the airport operator in complying
with new, additional, or revised security requirements imposed on
airport operators by the Federal Aviation Administration on or after
September 11, 2001.
(c) Documentation of Costs; Audit.--The Secretary may not reimburse
an airport operator under this section for any cost for which the
airport operator 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 (b); and
(2) the cost was incurred by the airport operator.
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 that necessary to conduct such an
audit.
(d) Claim Procedure.--Within 30 days after the date of enactment of
this Act, the Secretary, after consultation with airport operators,
shall publish in the Federal Register the procedures for filing claims
for reimbursement under this section of eligible costs incurred by
airport operators.
SEC. 121. 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:
``44940. 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.
``44941. Sharing security risk information
``The Attorney General, in consultation with the Deputy Secretary for
Transportation Security and the Director of the Federal Bureau of
Investigation, shall establish procedures for notifying the
Administrator of the Federal Aviation Administration, and airport or
airline security officers, of the identity of persons known or suspected
by the Attorney General to pose a risk of air piracy or terrorism or a
threat to airline or passenger safety.''.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Attorney General shall report to the Senate Committee on
Commerce, Science, and Transportation, the House Committe on
Transportation and Infrastructure, and the Judiciary Committees of the
Senate and the House of Representatives on the implementation of the
procedures required under section 44941 of title 49, United States Code,
as added by this section.
(c) Chapter Analysis.--The chapter analysis for chapter 449 of title
49, United States Code, is amended by inserting at the end the
following:
``44940. Immunity for reporting suspicious activities.
``44941. Sharing security risk information.''.
SEC. 122. 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.
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. 123. MAIL AND FREIGHT WAIVERS.
During a national emergency affecting air transportation or
intrastate air transportation, the Secretary of Transportation, after
consultation with the Aviation Security Coordination Council, 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 States with extraordinary air
transportation needs or concerns if the Secretary determines that the
waiver is in the public interest, taking into consideration the
isolation of and dependence on air transportation of such States. The
Secretary may impose reasonable limitations on any such waivers.
SEC. 124. SAFETY AND SECURITY OF ON-BOARD SUPPLIES.
(a) In General.--The Secretary of Transportation shall establish
procedures to ensure the safety and integrity of all supplies, including
catering and passenger amenities, placed aboard aircraft providing
passenger air transportation or intrastate air transportation.
(b) Measures.--In carrying out subsection (a), the Secretary may
require--
(1) security procedures for suppliers and their facilities;
(2) the sealing of supplies to ensure easy visual detection of
tampering; and
(3) the screening of personnel, vehicles, and supplies entering
secured areas of the airport or used in servicing aircraft.
SEC. 125. FLIGHT DECK SECURITY.
(a) Short Title.--This section may be cited as the ``Flight Deck
Security Act of 2001''.
(b) Findings.--Congress makes the following findings:
(1) On September 11, 2001, terrorists hijacked four civilian
aircraft, crashing two of the aircraft into the towers of the World
Trade Center in New York, New York, and a third into the Pentagon
outside Washington, District of Columbia.
(2) Thousands of innocent Americans and citizens of other countries
were killed or injured as a result of these attacks, including the
passengers and crew of the four aircraft, workers in the World Trade
Center and in the Pentagon, rescue workers, and bystanders.
(3) These attacks destroyed both towers of the World Trade Center,
as well as adjacent buildings, and seriously damaged the Pentagon.
(4) These attacks were by far the deadliest terrorist attacks ever
launched against the United States and, by targeting symbols of America,
clearly were intended to intimidate our Nation and weaken its resolve.
(5) Armed pilots, co-pilots, and flight engineers with proper
training will be the last line of defense against terrorist by providing
cockpit security and aircraft security.
(6) Secured doors separating the flight deck from the passenger
cabin have been effective in deterring hijackings in other nations and
will serve as a deterrent to future contemplated acts of terrorism in
the United States.
(c) Aviation Safety and the Suppression of Terrorism by Commercial
Aircraft.--
(1) Possession of firearms on commercial flights.--The Federal
Aviation Administration (FAA) is authorized to permit a pilot, co-pilot,
or flight engineer of a commercial aircraft who has successfully
completed the requirements of paragraph (2), or who is not otherwise
prohibited by law from possessing a firearm, from possessing or carrying
a firearm approved by the FAA for the protection of the aircraft under
procedures or regulations as necessary to ensure the safety and
integrity of flight.
(2) Federal pilot officers.--(A) In addition to the protections
provided by paragraph (1), the FAA shall also establish a voluntary
program to train and supervise commercial airline pilots.
(B) Under the program, the FAA shall make available appropriate
training and supervision for all such pilots, which may include training
by private entities.
(C) The power granted to such persons shall be limited to enforcing
Federal law in the cockpit of commercial aircraft and, under reasonable
circumstances the passenger compartment to protect the integrity of the
commercial aircraft and the lives of the passengers.
(D) The FAA shall make available appropriate training to any
qualified pilot who requests such training pursuant to this title.
(E) The FAA may prescribe regulations for purposes of this section.
(d) Reports to Congress.--Not later than six months after the date of
the enactment of this Act, and every six months thereafter, the
Secretary of Transportation shall submit to Congress a report on the
effectiveness of the requirements in this section in facilitating
commercial aviation safety and the suppression of terrorism by
commercial aircraft.
SEC. 126. 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 United 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. 127. RESULTS-BASED MANAGEMENT.
Subchapter II of chapter 449 of title 49, United States Code, is
amended by adding at the end the following:
``44942. Performance Goals and Objectives
``(a) Short Term Transition.--
``(1) In general.--Within 60 days of enactment, the Deputy Secretary
for Transportation Security shall, 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 Department of Transportation, 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 Deputy 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 shall clarify the responsibilities of the Secretary,
the Deputy 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.
``(iii) The performance plan shall be available to the public. The
Deputy Secretary for Transportation Security may prepare a nonpublic
appendix covering performance goals and indicators that, if revealed to
the public, would likely impede achievement of those goals and
indicators.
``(B) Performance report.--(i) Each year, consistent with the
requirements of GPRA, the Deputy 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.
``(ii) The performance report shall be available to the public. The
Deputy Secretary for Transportation Security may prepare a nonpublic
appendix covering performance goals and indicators that, if revealed to
the public, would likely impede achievement of those goals and
indicators.
``44943. Performance Management System
``(a) Establishing a Fair and Equitable System for Measuring Staff
Performance.--The Deputy 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) Each year, the Secretary and Deputy Secretary for
Transportation Security shall enter into an annual performance agreement
that shall set forth organizational and individual performance goals for
the Deputy Secretary.
``(2) Each year, the Deputy Secretary for Transportation Security and
each senior manager who reports to the Deputy Secretary for
Transportation Security 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 Deputy Secretary
for Transportation Security shall enter into an annual performance
agreement that sets forth organization and individual goals for those
employees.
``(c) Compensation for the Deputy Secretary for Transportation
Security.--
``(1) In general.--The Deputy Secretary for Transportation Security
is authorized to be paid at
an annual rate of pay payable to level II of the Executive Schedule.
``(2) Bonuses or other incentives.--In addition, the Deputy
Secretary for Transportation Security may receive bonuses or other
incentives, based upon the Secretary's evaluation of the Deputy
Secretary's performance in relation to the goals set forth in the
agreement. Total compensation cannot exceed the Secretary's salary.
``(d) Compensation for Managers and Other Employees.--
``(1) In general.--A senior manager reporting directly to the Deputy
Secretary for Transportation Security may be paid at an annual rate of
basic pay of not more than the maximum rate of basic pay for the Senior
Executive Service under section 5382 of title 5, United States Code.
``(2) Bonuses or other incentives.--In addition, senior managers can
receive bonuses or other incentives based on the Deputy Secretary for
Transportation Security's evaluation of their performance in relation to
goals in agreements. Total compensation cannot exceed 125 percent of the
maximum rate of base pay for the Senior Executive Service. Further, the
Deputy Secretary for Transportation Security shall establish, within the
performance management system, a program allowing for the payment of
bonuses or other incentives to other managers and employees. Such a
program shall provide for bonuses or other incentives based on their
performance.
``(e) Performance-Based Service Contracting.--To the extent
contracts, if any, are used to implement the Aviation Security Act, the
Deputy 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. 128. USE OF FACILITIES.
(a) Employment Register.--Notwithstanding any other provision of law,
the Secretary of Transportation shall establish and maintain an
employment register.
(b) Training Facility.--The Secretary of Transportation may, where
feasible, use the existing Federal Aviation Administration's training
facilities, to design, develop, or conduct training of security
screening personnel.
SEC. 129. REPORT ON NATIONAL AIR SPACE RESTRICTIONS PUT IN
PLACE AFTER TERRORIST ATTACKS THAT REMAIN IN PLACE.
(a) Report.--Within 30 days of the enactment of this Act, the
President shall submit to the committees of Congress specified in
subsection (b) a report containing--
(1) a description of each restriction, if any, on the use of
national airspace put in place as a result of the September 11, 2001,
terrorist attacks that remains in place as of the date of the enactment
of this Act; and
(2) a justification for such restriction remaining in place.
(b) Committees of Congress.--The committees of Congress specified in
this subsection are the following:
(1) The Select Committee on Intelligence of the Senate.
(2) The Permanent Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Commerce, Science, and Transportation of the
Senate.
(4) The Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 130. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING
COMMERCIAL FLIGHTS.
(a) Program for Provision of Voluntary Services.--
(1) Program.--The Secretary of Transportation 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 Secretary shall establish such requirements
for qualifications of providers of voluntary services under the program
under paragraph (1), including training requirements, as the Secretary
considers appropriate.
(3) Confidentiality of registry.--If as part of the program under
paragraph (1) the 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 Secretary shall take appropriate actions to ensure that
the registry is available only to appropriate airline personnel and
otherwise remains confidential.
(4) Consultation.--The 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) Protection From Liability.--
(1) In general.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``44944. Exemption of volunteers from liability
``(a) In General.--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 inflight emergency in an aircraft of an air
carrier if the individual meets such qualifications as the Secretary
shall prescribe for purposes of this section.
``(b) Exception.--The exemption under subsection (a) shall not apply
in any case in which an individual provides, or attempts to provide,
assistance described in that paragraph in a manner that constitutes
gross negligence or willful misconduct.''.
(2) Clerical amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``44944. Exemption of volunteers from liability.''.
(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. 131. ENHANCED SECURITY FOR AIRCRAFT.
(a) Security for Larger Aircraft.--
(1) Program required.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall commence implementation of a program to provide
security screening for all aircraft operations conducted with respect to
any aircraft having a maximum certified takeoff weight of more than
12,500 pounds that is not operating as of the date of the implementation
of the program under security procedures prescribed by the
Administrator.
(2) Waiver.--
(A) Authority to waive.--The Administrator may waive the
applicability of the program under this section with respect to any
aircraft or class of aircraft otherwise described by this section if the
Administrator determines that aircraft described in this section can be
operated safely without the applicability of the program to such
aircraft or class of aircraft, as the case may be.
(B) Limitations.--A waiver under subparagraph (A) may not go into
effect--
(i) unless approved by the Secretary of Transportation; and
(ii) until 10 days after the date on which notice of the waiver has
been submitted to the appropriate committees of Congress.
(3) Program elements.--The program under paragraph (1) shall require
the following:
(A) The search of any aircraft covered by the program before takeoff.
(B) The screening of all crew members, passengers, and other persons
boarding any aircraft covered by the program, and their property to be
brought on board such aircraft, before boarding.
(4) Procedures for searches and screening.--The Administrator shall
develop procedures for searches and screenings under the program under
paragraph (1). Such procedures may not be implemented until approved by
the Secretary.
(b) Security for Smaller Aircraft.--
(1) Program required.--Not later than one year after the date of the
enactment of this Act, the Administrator shall commence implementation
of a program to provide security for all aircraft operations conducted
with respect to any aircraft having a maximum certified takeoff weight
of 12,500 pounds or less that is not operating as of the date of the
implementation of the program under security procedures prescribed by
the Administrator. The program shall address security with respect to
crew members, passengers, baggage handlers, maintenance workers, and
other individuals with access to aircraft covered by the program, and to
baggage.
(2) Report on program.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report containing a proposal for the program to
be implemented under paragraph (1).
(c) Background Checks for Aliens Engaged in Certain Transactions
Regarding Aircraft.--
(1) Requirement.--Notwithstanding any other provision of law and
subject to paragraph (2), no person or entity may sell, lease, or
charter any aircraft to an alien, or any other individual specified by
the Secretary for purposes of this subsection, within the United States
unless the Attorney General issues a certification of the completion of
a background investigation of the alien, or other individual, as the
case may be, that meets the requirements of section 44939(b) of title
49, United States Code, as added by section 111 of this title.
(2) Expiration.--The prohibition in paragraph (1) shall expire as
follows:
(A) In the case of an aircraft having a maximum certified takeoff
weight of more than 12,500 pounds, upon implementation of the program
required by subsection (a).
(B) In the case of an aircraft having a maximum certified takeoff
weight of 12,500 pounds or less, upon implementation of the program
required by subsection (b).
(3) Alien defined.--In this subsection, the term ``alien'' has the
meaning given that term in section 44939(f) of title 49, United States
Code, as so added.
(d) Appropriate Committees of Congress Defined.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation of the
Senate; and
(2) the Committee on Commerce of the House of Representatives.
SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.
(a) In General.--Not later than September 30, 2002, the Assistant
Administrator for Civil Aviation Security shall review and make a
determination on the feasibility of implementing technologies described
in subsection (b).
(b) Technologies Described.--The technologies described in this
subsection are technologies that are--
(1) designed to protect passengers, aviation employees, air cargo,
airport facilities, and airplanes; and
(2) material specific and able to automatically and non-intrusively
detect, without human interpretation and without regard to shape or
method of concealment, explosives, illegal narcotics, hazardous chemical
agents, and nuclear devices.
SEC. 133. REPORT ON NEW RESPONSIBILITIES OF THE DEPARTMENT OF
JUSTICE FOR AVIATION SECURITY.
Not later than 120 days after the date of enactment of this Act, the
Attorney General shall report to the House Committee on the Judiciary,
the Senate Committee on the Judiciary, the House Committee on
Transportation and Infrastructure, and the Senate Committee on Commerce,
Science, and Transportation on the new responsibilities of the
Department of Justice for aviation security under this title.
SEC. 134. 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.
TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES
Subtitle A--Expanded Deployment and Utilization of Current
Security Technologies and Procedures
SEC. 201. EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT
SECURITY TECHNOLOGIES AND PROCEDURES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall require that employment investigations, including
criminal history record checks, for all individuals described in section
44936(a)(1) of title 49, United States Code, who are existing employees,
at airports regularly serving an air carrier holding a certificate
issued by the Secretary of Transportation, should be completed within 9
months unless such individuals have had such investigations and checks
within 5 years of the date of enactment of this Act. The Administrator
shall devise an alternative method for background checks for a person
applying for any airport security position who has lived in the United
States less than 5 years and shall have such alternative background
checks in place as soon as possible. The Administrator shall work with
the International Civil Aviation Organization and with appropriate
authorities of foreign governments in devising such alternative method.
(b) Explosive Detection.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall deploy and oversee the usage of existing bulk
explosives detection technology already at airports for checked baggage.
Not later than 60 days after the date of enactment of this Act, the
Administrator shall establish confidential goals for--
(A) deploying by a specific date all existing bulk explosives
detection scanners purchased but not yet deployed by the Federal
Aviation Administration;
(B) a specific percentage of checked baggage to be scanned by bulk
explosives detection machines within 6 months, and annual goals
thereafter with an eventual goal of scanning 100 percent of checked
baggage; and
(C) the number of new bulk explosives detection machines that will
be purchased by the Federal Aviation Administration for deployment at
the Federal Aviation Administration-identified midsized airports within
6 months.
(2) Use of funds.--For purposes of carrying out this subtitle,
airport operators may use funds available under the Airport Improvement
Program described in chapter 471 of title 49, United States Code, to
reconfigure airport baggage handling areas to accommodate the equipment
described in paragraph (1), if necessary. Not later than 12 months after
the date of enactment of this Act, and annually thereafter, the
Administrator shall report, on a confidential basis, to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives, the
Government Accounting Office, and the Inspector General of the
Department of Transportation, regarding the goals and progress the
Administration is making in achieving those goals described in paragraph
(1).
(3) 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 luggage areas, that the Secretary determines are necessary
to install bulk explosive detection devices.''.
(c) Bag Matching System.--The Administrator of the Federal Aviation
Administration shall require air carriers to improve the passenger bag
matching system. Not later than 60 days after the date of enactment of
this Act, the Administrator shall establish goals for upgrading the
Passenger Bag Matching System, including interim measures to match a
higher percentage of bags until Explosives Detection Systems are used to
scan 100 percent of checked baggage. The Administrator shall report, on
a confidential basis, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, the Government
Accounting Office, and the Inspector General of the Department of
Transportation, regarding the goals and the progress made in achieving
those goals within 12 months after the date of enactment of this Act.
(d) Computer-Assisted Passenger Prescreening.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall require air carriers to expand the application of
the current Computer-Assisted Passenger Prescreening System (CAPPS) to
all passengers, regardless of baggage. Passengers selected under this
system shall be subject to additional security measures, including
checks of carry-on baggage and person, before boarding.
(2) Report.--The Administrator shall report back to the Committee on
Commerce, Science, and Transportation of the Senate and to the Committee
on Transportation and Infrastructure of the House of Representatives
within 3 months of the date of enactment of this Act on the
implementation of the expanded CAPPS system.
Subtitle B--Short-Term Assessment and Deployment of Emerging
Security Technologies and Procedures
SEC. 211. 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 Deputy Secretary for Transportation Security
shall recommend to airport operators, within 6 months after the date of
enactment of this Act, commercially available measures or procedures to
prevent access to secure airport areas by unauthorized persons. As part
of the 6-month assessment, the Deputy 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) 90-day review.--
``(A) In general.--The Deputy Secretary for Transportation Security,
as part of the Aviation Security Coordination Council, shall conduct a
90-day review of--
``(i) currently available or short-term deployable upgrades to the
Computer-Assisted Passenger Prescreening System (CAPPS); and
``(ii) deployable upgrades to the coordinated distribution of
information regarding persons listed on the ``watch list'' for any
Federal law enforcement agencies who could present an aviation security
threat.
``(B) Deployment of upgrades.--The Deputy Secretary for
Transportation Security shall commence deployment of recommended
short-term upgrades to CAPPS and to the coordinated distribution of
``watch list'' information within 6 months after the date of enactment
of this Act. Within 18 months after the date of enactment of this Act,
the Deputy Secretary for Transportation 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, the Government Accounting Office, and the Inspector
General of the Department of Transportation, on progress being made in
deploying recommended upgrades.
``(3) Study.--The Deputy Secretary for Transportation Security shall
conduct a study of options for improving positive identification of
passengers at check-in counters and boarding areas, including the use of
biometrics and ``smart'' cards. Within 6 months after the date of
enactment of this Act, the Deputy Secretary 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 feasibility and costs of implementing each
identification method and a schedule for requiring air carriers to
deploy identification methods determined to be effective.''.
Subtitle C--Research and Development of Aviation Security Technology
SEC. 221. 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 Federal Aviation 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 Federal
Aviation 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 Federal Aviation
Administration that shall include sufficient information to permit the
Administrator to prepare a cost-benefit analysis of potential
improvements to airport security based upon deployment of the proposed
technology. The Administrator 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 Federal Aviation 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.
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