76 166
107 th Congress
Report
HOUSE OF REPRESENTATIVES
1st Session
107 296
AVIATION AND TRANSPORTATION SECURITY ACT
November 16, 2001.--Ordered to be printed
Mr. Young of Alaska, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany S. 1447]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 1447), to improve
aviation security, and for other purposes, having met, after full and
free conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the amendment of the
House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation and Transportation Security
Act''.
TITLE I--AVIATION SECURITY
SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``114. Transportation Security Administration
``(a) In General.--The Transportation Security Administration shall
be an administration of the Department of Transportation.
``(b) Under Secretary.--
``(1) Appointment.--The head of the Administration shall be the
Under Secretary of Transportation for Security. The Under Secretary
shall be appointed by the President, by and with the advice and consent
of the Senate.
``(2) Qualifications.--The Under Secretary must--
``(A) be a citizen of the United States; and
``(B) have experience in a field directly related to transportation
or security.
``(3) Term.--The term of office of an individual appointed as the
Under Secretary shall be 5 years.
``(c) Limitation on Ownership of Stocks and Bonds.--The Under
Secretary may not own stock in or bonds of a transportation or security
enterprise or an enterprise that makes equipment that could be used for
security purposes.
``(d) Functions.--The Under Secretary shall be responsible for
security in all modes of transportation, including--
``(1) carrying out chapter 449, relating to civil aviation security,
and related research and development activities; and
``(2) security responsibilities over other modes of transportation
that are exercised by the Department of Transportation.
``(e) Screening Operations.--The Under Secretary shall--
``(1) be responsible for day-to-day Federal security screening
operations for passenger air transportation and intrastate air
transportation under sections 44901 and 44935;
``(2) develop standards for the hiring and retention of security
screening personnel;
``(3) train and test security screening personnel; and
``(4) be responsible for hiring and training personnel to provide
security screening at all airports in the United States where screening
is required under section 44901, in consultation with the Secretary of
Transportation and the heads of other appropriate Federal agencies and
departments.
``(f) Additional Duties and Powers.--In addition to carrying out the
functions specified in subsections (d) and (e), the Under Secretary
shall--
``(1) receive, assess, and distribute intelligence information
related to transportation security;
``(2) assess threats to transportation;
``(3) develop policies, strategies, and plans for dealing with
threats to transportation security;
``(4) make other plans related to transportation security, including
coordinating countermeasures with appropriate departments, agencies, and
instrumentalities of the United States Government;
``(5) serve as the primary liaison for transportation security to
the intelligence and law enforcement communities;
``(6) on a day-to-day basis, manage and provide operational guidance
to the field security resources of the Administration, including Federal
Security Managers as provided by section 44933;
``(7) enforce security-related regulations and requirements;
``(8) identify and undertake research and development activities
necessary to enhance transportation security;
``(9) inspect, maintain, and test security facilities, equipment,
and systems;
``(10) ensure the adequacy of security measures for the
transportation of cargo;
``(11) oversee the implementation, and ensure the adequacy, of
security measures at airports and other transportation facilities;
``(12) require background checks for airport security screening
personnel, individuals with access to secure areas of airports, and
other transportation security personnel;
``(13) work in conjunction with the Administrator of the Federal
Aviation Administration with respect to any actions or activities that
may affect aviation safety or air carrier operations;
``(14) work with the International Civil Aviation Organization and
appropriate aeronautic authorities of foreign governments under section
44907 to address security concerns on passenger flights by foreign air
carriers in foreign air transportation; and
``(15) carry out such other duties, and exercise such other powers,
relating to transportation security as the Under Secretary considers
appropriate, to the extent authorized by law.
``(g) National Emergency Responsibilities.--
``(1) In general.--Subject to the direction and control of the
Secretary, the Under Secretary, during a national emergency, shall have
the following responsibilities:
``(A) To coordinate domestic transportation, including aviation,
rail, and other surface transportation, and maritime transportation
(including port security).
``(B) To coordinate and oversee the transportation-related
responsibilities of other departments and agencies of the Federal
Government other than the Department of Defense and the military
departments.
``(C) To coordinate and provide notice to other departments and
agencies of the Federal Government, and appropriate agencies of State
and local governments, including departments and agencies for
transportation, law enforcement, and border control, about threats to
transportation.
``(D) To carry out such other duties, and exercise such other
powers, relating to transportation during a national emergency as the
Secretary shall prescribe.
``(2) Authority of other departments and agencies.--The authority of
the Under Secretary under this subsection shall not supersede the
authority of any other department or agency of the Federal Government
under law with respect to transportation or transportation-related
matters, whether or not during a national emergency.
``(3) Circumstances.--The Secretary shall prescribe the
circumstances constituting a national emergency for purposes of this
subsection.
``(h) Management of Security Information.--In consultation with the
Transportation Security Oversight Board, the Under Secretary shall--
``(1) enter into memoranda of understanding with Federal agencies or
other entities to share or otherwise cross-check as necessary data on
individuals identified on Federal agency databases who may pose a risk
to transportation or national security;
``(2) establish procedures for notifying the Administrator of the
Federal Aviation Administration, appropriate State and local law
enforcement officials, and airport or airline security officers of the
identity of individuals known to pose, or suspected of posing, a risk of
air piracy or terrorism or a threat to airline or passenger safety;
``(3) in consultation with other appropriate Federal agencies and
air carriers, establish policies and procedures requiring air carriers--
``(A) to use information from government agencies to identify
individuals on passenger lists who may be a threat to civil aviation or
national security; and
``(B) if such an individual is identified, notify appropriate law
enforcement agencies, prevent the individual from boarding an aircraft,
or take other appropriate action with respect to that individual; and
``(4) consider requiring passenger air carriers to share passenger
lists with appropriate Federal agencies for the purpose of identifying
individuals who may pose a threat to aviation safety or national
security.
``(i) View of NTSB.--In taking any action under this section that
could affect safety, the Under Secretary shall give great weight to the
timely views of the National Transportation Safety Board.
``(j) Acquisitions.--
``(1) In general.--The Under Secretary is authorized--
``(A) to acquire (by purchase, lease, condemnation, or otherwise)
such real property, or any interest therein, within and outside the
continental United States, as the Under Secretary considers necessary;
``(B) to acquire (by purchase, lease, condemnation, or otherwise)
and to construct, repair, operate, and maintain such personal property
(including office space and patents), or any interest therein, within
and outside the continental United States, as the Under Secretary
considers necessary;
``(C) to lease to others such real and personal property and to
provide by contract or otherwise for necessary facilities for the
welfare of its employees and to acquire, maintain and operate equipment
for these facilities;
``(D) to acquire services, including such personal services as the
Secretary determines necessary, and to acquire (by purchase, lease,
condemnation, or otherwise) and to construct, repair, operate, and
maintain research and testing sites and facilities; and
``(E) in cooperation with the Administrator of the Federal Aviation
Administration, to utilize the research and development facilities of
the Federal Aviation Administration.
``(2) Title.--Title to any property or interest therein acquired
pursuant to this subsection shall be held by the Government of the
United States.
``(k) Transfers of Funds.--The Under Secretary is authorized to
accept transfers of unobligated balances and unexpended balances of
funds appropriated to other Federal agencies (as such term is defined in
section 551(1) of title 5) to carry out functions transferred, on or
after the date of enactment of the Aviation and Transportation Security
Act, by law to the Under Secretary.
``(l) Regulations.--
``(1) In general.--The Under Secretary is authorized to issue,
rescind, and revise such regulations as are necessary to carry out the
functions of the Administration.
``(2) Emergency procedures.--
``(A) In general.--Notwithstanding any other provision of law or
executive order (including an executive order requiring a cost-benefit
analysis), if the Under Secretary determines that a regulation or
security directive must be issued immediately in order to protect
transportation security, the Under Secretary shall issue the regulation
or security directive without providing notice or an opportunity for
comment and without prior approval of the Secretary.
``(B) Review by transportation security oversight board.--Any
regulation or security directive issued under this paragraph shall be
subject to review by the Transportation Security Oversight Board
established under section 115. Any regulation or security directive
issued under this paragraph shall remain effective unless disapproved by
the Board or rescinded by the Under Secretary.
``(3) Factors to consider.--In determining whether to issue,
rescind, or revise a regulation under this section, the Under Secretary
shall consider, as a factor in the final determination, whether the
costs of the regulation are excessive in relation to the enhancement of
security the regulation will provide. The Under Secretary may waive
requirements for an analysis that estimates the number of lives that
will be saved by the regulation and the monetary value of such lives if
the Under Secretary determines that it is not feasible to make such an
estimate.
``(4) Airworthiness objections by faa.--
``(A) In general.--The Under Secretary shall not take an aviation
security action under this title if the Administrator of the Federal
Aviation Administration notifies the Under Secretary that the action
could adversely affect the airworthiness of an aircraft.
``(B) Review by secretary.--Notwithstanding subparagraph (A), the
Under Secretary may take such an action, after receiving a notification
concerning the action from the Administrator under subparagraph (A), if
the Secretary of Transportation subsequently approves the action.
``(m) Personnel and Services; Cooperation by Under Secretary.--
``(1) Authority of under secretary.--In carrying out the functions
of the Administration, the Under Secretary shall have the same authority
as is provided to the Administrator of the Federal Aviation
Administration under subsections (l) and (m) of section 106.
``(2) Authority of agency heads.--The head of a Federal agency shall
have the same authority to provide services, supplies, equipment,
personnel, and facilities to the Under Secretary as the head has to
provide services, supplies, equipment, personnel, and facilities to the
Administrator of the Federal Aviation Administration under section
106(m).
``(n) Personnel Management System.--The personnel management system
established by the Administrator of the Federal Aviation Administration
under section 40122 shall apply to employees of the Transportation
Security Administration, or, subject to the requirements of such
section, the Under Secretary may make such modifications to the
personnel management system with respect to such employees as the Under
Secretary considers appropriate, such as adopting aspects of other
personnel systems of the Department of Transportation.
``(o) Acquisition Management System.--The acquisition management
system established by the Administrator of the Federal Aviation
Administration under section 40110 shall apply to acquisitions of
equipment, supplies, and materials by the Transportation Security
Administration, or, subject to the requirements of such section, the
Under Secretary may make such modifications to the acquisition
management system with respect to such acquisitions of equipment,
supplies, and materials as the Under Secretary considers appropriate,
such as adopting aspects of other acquisition management systems of the
Department of Transportation.
``(p) Authority of Inspector General.--The Transportation Security
Administration shall be subject to the Inspector General Act of 1978 (5
U.S.C. App.) and other laws relating to the authority of the Inspector
General of the Department of Transportation.
``(q) Law Enforcement Powers.--
``(1) In general.--The Under Secretary may designate an employee of
the Transportation Security Administration to serve as a law enforcement
officer.
``(2) Powers.--While engaged in official duties of the
Administration as required to fulfill the responsibilities under this
section, a law enforcement officer designated under paragraph (1) may--
``(A) carry a firearm;
``(B) make an arrest without a warrant for any offense against the
United States committed in the presence of the officer, or for any
felony cognizable under the laws of the United States if the officer has
probable cause to believe that the person to be arrested has committed
or is committing the felony; and
``(C) seek and execute warrants for arrest or seizure of evidence
issued under the authority of the United States upon probable cause that
a violation has been committed.
``(3) Guidelines on exercise of authority.--The authority provided
by this subsection shall be exercised in accordance with guidelines
prescribed by the Under Secretary, in consultation with the Attorney
General of the United States, and shall include adherence to the
Attorney General's policy on use of deadly force.
``(4) Revocation or suspension of authority.--The powers authorized
by this subsection may be rescinded or suspended should the Attorney
General determine that the Under Secretary has not complied with the
guidelines prescribed in paragraph (3) and conveys the determination in
writing to the Secretary of Transportation and the Under Secretary.
``(r) Authority To Exempt.--The Under Secretary may grant an
exemption from a regulation prescribed in carrying out this section if
the Under Secretary determines that the exemption is in the public
interest.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by adding at the end the following:
``114. Transportation Security Administration.''.
(c) Position of Under Secretary in Executive Schedule.--
(1) In general.--Section 5313 of title 5, United States Code, is
amended by adding at the end the following:
``The Under Secretary of Transportation for Security.''.
(2) Bonus eligibility.--In addition to the annual rate of pay
authorized by section 5313 of title 5, United States Code, the Under
Secretary may receive a bonus for any calendar year not to exceed 30
percent of the annual rate of pay, based on the Secretary's evaluation
of the Under Secretary's performance.
(3) Conforming change.--Section 106(r)(2)(A) of title 49, United
States Code, is amended to read as follows:
``(A) In general.--The Chief Operating Officer shall be paid at an
annual rate of basic pay to be determined by the Administrator, with the
approval of the Air Traffic Services Subcommittee of the Aviation
Management Advisory Council. The annual rate may not exceed the annual
compensation paid under section 102 of title 3. The Chief Operating
Officer shall be subject to the post-employment provisions of section
207 of title 18 as if the position of Chief Operating Officer were
described in section 207(c)(2)(A)(i) of that title.''.
(d) Cooperation With Other Agencies.--The last sentence of section
106(m) of such title is amended by striking ``supplies and'' and
inserting ``supplies, personnel, services, and''.
(e) Security and Research and Development Activities.--Section 40119
of such title is amended--
(1) in subsection (a) by striking ``Administrator of the Federal
Aviation Administration'' and inserting ``Under Secretary of
Transportation for Security'';
(2) in subsections (b) and (c) by striking ``Administrator'' each
place it appears and inserting ``Under Secretary''; and
(3) in subsection (b)(1)(C) by striking ``air''.
(f) References to FAA in Chapter 449.--Chapter 449 of such title is
amended--
(1) in section 44904(b)(5) by striking ``the Administration'' and
inserting ``the Transportation Security Administration'';
(2) in the second sentence of section 44913(a)(1) by striking ``of
the Administration'' and inserting ``of the Transportation Security
Administration'';
(3) in section 44916(a)--
(A) in the first sentence by striking ``Administrator'' and
inserting ``Under Secretary of Transportation for Security''; and
(B) in the second sentence by striking ``Administration'' and
inserting ``Transportation Security Administration'';
(4) in each of sections 44933(a) and 44934(b) by striking
``Assistant Administrator for Civil Aviation Security'' and inserting
``Under Secretary'';
(5) in section 44934(b)(1) by striking ``Assistant Administrator''
and inserting ``Under Secretary'';
(6) by striking sections 44931 and 44932 and the items relating to
such sections in the analysis for such chapter;
(7) by striking ``Administrator'' each place it appears in such
chapter (except in subsections (f) and (h) of section 44936) and
inserting ``Under Secretary'';
(8) by striking ``Administrator's'' each place it appears in such
chapter and inserting ``Under Secretary's''; and
(9) by striking ``of the Federal Aviation Administration'' each
place it appears in such chapter (except in section 44936(f)) and
inserting ``of Transportation for Security''.
(g) Transition Provisions.--
(1) Schedule for assumption of civil aviation security
functions.--Not later than 3 months after the date of enactment of this
Act, the Under Secretary of Transportation for Security shall assume
civil aviation security functions and responsibilities under chapter 449
of title 49, United States Code, as amended by this Act, in accordance
with a schedule to be developed by the Secretary of Transportation, in
consultation with air carriers, foreign air carriers, and the
Administrator of the Federal Aviation Administration. The Under
Secretary shall publish an appropriate notice of the transfer of such
security functions and responsibilities before assuming the functions
and responsibilities.
(2) Assumption of contracts.--As of the date specified in paragraph
(1), the Under Secretary may assume the rights and responsibilities of
an air carrier or foreign air carrier contract for provision of
passenger screening services at airports in the United States described
in section 44903(c), subject to payment of adequate compensation to
parties to the contract, if any.
(3) Assignment of contracts.--
(A) In general.--Upon request of the Under Secretary, an air carrier
or foreign air carrier carrying out a screening or security function
under chapter 449 of title 49, United States Code, may enter into an
agreement with the Under Secretary to transfer any contract the carrier
has entered into with respect to carrying out the function, before the
Under Secretary assumes responsibility for the function.
(B) Schedule.--The Under Secretary may enter into an agreement under
subparagraph (A) as soon as possible, but not later than 90 days after
the date of enactment of this Act. The Under Secretary may enter into
such an agreement for one 180-day period and may extend such agreement
for one 90-day period if the Under Secretary determines it necessary.
(4) Transfer of ownership.--In recognition of the assumption of the
financial costs of security screening of passengers and property at
airports, and as soon as practical after the date of enactment of this
Act, air carriers may enter into agreements with the Under Secretary to
transfer the ownership, at no cost to the United States Government, of
any personal property, equipment, supplies, or other material associated
with such screening, regardless of the source of funds used to acquire
the property, that the Secretary determines to be useful for the
performance of security screening of passengers and property at
airports.
(5) Performance of under secretary's functions during interim
period.--Until the Under Secretary takes office, the functions of the
Under Secretary that relate to aviation security may be carried out by
the Secretary or the Secretary's designee.
SEC. 102. TRANSPORTATION SECURITY OVERSIGHT BOARD.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``115. Transportation Security Oversight Board
``(a) In General.--There is established in the Department of
Transportation a board to be known as the `Transportation Security
Oversight Board'.
``(b) Membership.--
``(1) Number and appointment.--The Board shall be composed of 7
members as follows:
``(A) The Secretary of Transportation, or the Secretary's designee.
``(B) The Attorney General, or the Attorney General's designee.
``(C) The Secretary of Defense, or the Secretary's designee.
``(D) The Secretary of the Treasury, or the Secretary's designee.
``(E) The Director of the Central Intelligence Agency, or the
Director's designee.
``(F) One member appointed by the President to represent the
National Security Council.
``(G) One member appointed by the President to represent the Office
of Homeland Security.
``(2) Chairperson.--The Chairperson of the Board shall be the
Secretary of Transportation.
``(c) Duties.--The Board shall--
``(1) review and ratify or disapprove any regulation or security
directive issued by the Under Secretary of Transportation for security
under section 114(l)(2) within 30 days after the date of issuance of
such regulation or directive;
``(2) facilitate the coordination of intelligence, security, and law
enforcement activities affecting transportation;
``(3) facilitate the sharing of intelligence, security, and law
enforcement information affecting transportation among Federal agencies
and with carriers and other transportation providers as appropriate;
``(4) explore the technical feasibility of developing a common
database of individuals who may pose a threat to transportation or
national security;
``(5) review plans for transportation security;
``(6) make recommendations to the Under Secretary regarding matters
reviewed under paragraph (5).
``(d) Quarterly Meetings.--The Board shall meet at least quarterly.
``(e) Consideration of Security Information.--A majority of the Board
may vote to close a meeting of the Board to the public, except that
meetings shall be closed to the public whenever classified, sensitive
security information, or information protected in accordance with
section 40119(b), will be discussed.''.
(b) Policies and Procedures.--Section 44911(b) of such title is
amended by striking ``international''.
(c) Strategic Planning.--Section 44911(c) of such title is amended by
striking ``consider placing'' and inserting ``place''.
(d) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by adding at the end the following:
``115. Transportation Security Oversight Board.''.
SEC. 103. FEDERAL SECURITY MANAGERS.
Section 44933 of title 49, United States Code, is amended to read as
follows:
``44933. Federal Security Managers
``(a) Establishment, Designation, and Stationing.--The Under
Secretary of Transportation for Security shall establish the position of
Federal Security Manager at each airport in the United States described
in section 44903(c). The Under Secretary shall designate individuals as
Managers for, and station those Managers at, those airports.
``(b) Duties and Powers.--The Manager at each airport shall--
``(1) oversee the screening of passengers and property at the
airport; and
``(2) carry out other duties prescribed by the Under Secretary.''.
SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.
(a) In General.--As soon as possible after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall--
(1) issue an order (without regard to the provisions of chapter 5 of
title 5, United States Code)--
(A) prohibiting access to the flight deck of aircraft engaged in
passenger air transportation or intrastate air transportation that are
required to have a door between the passenger and pilot compartments
under title 14, Code of Federal Regulations, except to authorized
persons;
(B) requiring the strengthening of the flight deck door and locks on
any such aircraft operating in air transportation or intrastate air
transportation that has a rigid door in a bulkhead between the flight
deck and the passenger area to ensure that the door cannot be forced
open from the passenger compartment;
(C) requiring that such flight deck doors remain locked while any
such aircraft is in flight except when necessary to permit access and
egress by authorized persons; and
(D) prohibiting the possession of a key to any such flight deck door
by any member of the flight crew who is not assigned to the flight deck;
and
(2) take such other action, including modification of safety and
security procedures and flight deck redesign, as may be necessary to
ensure the safety and security of the aircraft.
(b) Implementation of Other Methods.--As soon as possible after such
date of enactment, the Administrator of the Federal Aviation
Administration may develop and implement methods--
(1) to use video monitors or other devices to alert pilots in the
flight deck to activity in the cabin, except that the use of such
monitors or devices shall be subject to nondisclosure requirements
applicable to cockpit video recordings under section 1114(c);
(2) to ensure continuous operation of an aircraft transponder in the
event of an emergency; and
(3) to revise the procedures by which cabin crews of aircraft can
notify flight deck crews of security breaches and other emergencies,
including providing for the installation of switches or other devices or
methods in an aircraft cabin to enable flight crews to discreetly notify
the pilots in the case of a security breach occurring in the cabin.
(c) Commuter Aircraft.--The Administrator shall investigate means of
securing the flight deck of scheduled passenger aircraft operating in
air transportation or intrastate air transportation that do not have a
rigid fixed door with a lock between the passenger compartment and the
flight deck and issue such an order as the Administrator deems
appropriate to ensure the inaccessibility, to the greatest extent
feasible, of the flight deck while the aircraft is so operating, taking
into consideration such aircraft operating in regions where there is
minimal threat to aviation security or national security.
SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``44917. Deployment of Federal air marshals
``(a) In General.--The Under Secretary of Transportation for Security
under the authority provided by section 44903(d)--
``(1) may provide for deployment of Federal air marshals on every
passenger flight of air carriers in air transportation or intrastate air
transportation;
``(2) shall provide for deployment of Federal air marshals on every
such flight determined by the Secretary to present high security risks;
``(3) shall provide for appropriate training, supervision, and
equipment of Federal air marshals;
``(4) shall require air carriers providing flights described in
paragraph (1) to provide seating for a Federal air marshal on any such
flight without regard to the availability of seats on the flight and at
no cost to the United States Government or the marshal;
``(5) may require air carriers to provide, on a space-available
basis, to an off-duty Federal air marshal a seat on a flight to the
airport nearest the marshal's home at no cost to the marshal or the
United States Government if the marshal is traveling to that airport
after completing his or her security duties;
``(6) may enter into agreements with Federal, State, and local
agencies under which appropriately-trained law enforcement personnel
from such agencies, when traveling on a flight of an air carrier, will
carry a firearm and be prepared to assist Federal air marshals;
``(7) shall establish procedures to ensure that Federal air marshals
are made aware of any armed or unarmed law enforcement personnel on
board an aircraft; and
``(8) may appoint--
``(A) an individual who is a retired law enforcement officer;
``(B) an individual who is a retired member of the Armed Forces; and
``(C) an individual who has been furloughed from an air carrier crew
position in the 1-year period beginning on September 11, 2001;
as a Federal air marshal, regardless of age, if the individual
otherwise meets the background and fitness qualifications required for
Federal air marshals.
``(b) Long Distance Flights.--In making the determination under
subsection (a)(2), nonstop, long distance flights, such as those
targeted on September 11, 2001, should be a priority.
``(c) Interim Measures.--Until the Under Secretary completes
implementation of subsection (a), the Under Secretary may use, after
consultation with and concurrence of the heads of other Federal agencies
and departments, personnel from those agencies and departments, on a
nonreimbursable basis, to provide air marshal service.''.
(b) Conforming Amendment.--The analysis for chapter 449 of such title
is amended by adding after the item relating to section 44916 the
following:
``44917. Deployment of Federal air marshals.''.
(c) Basic Pay Defined.--Section 8331(3)(E) of title 5, United States
Code, is amended to read as follows:
``(E) availability pay--
``(i) received by a criminal investigator under section 5545a of
this title; or
``(ii) received after September 11, 2001, by a Federal air marshal
of the Department of Transportation, subject to all restrictions and
earning limitations imposed on criminal investigators under section
5545a;''.
SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.
(a) In General.--Section 44903 of title 49, United States Code, is
amended by adding at the end the following:
``(h) Improved Airport Perimeter Access Security.--
``(1) In general.--The Under Secretary, in consultation with the
airport operator and law enforcement authorities, may order the
deployment of such personnel at any secure area of the airport as
necessary to counter the risk of criminal violence, the risk of aircraft
piracy at the airport, the risk to air carrier aircraft operations at
the airport, or to meet national security concerns.
``(2) Security of aircraft and ground access to secure areas.--In
determining where to deploy such personnel, the Under Secretary shall
consider the physical security needs of air traffic control facilities,
parked aircraft, aircraft servicing equipment, aircraft supplies
(including fuel), automobile parking facilities within airport
perimeters or adjacent to secured facilities, and access and transition
areas at airports served by other means of ground or water
transportation.
``(3) Deployment of federal law enforcement personnel.--The
Secretary may enter into a memorandum of understanding or other
agreement with the Attorney General or the head of any other appropriate
Federal law enforcement agency to deploy Federal law enforcement
personnel at an airport in order to meet aviation safety and security
concerns.
``(4) Airport perimeter screening.--The Under Secretary--
``(A) shall require, as soon as practicable after the date of
enactment of this subsection, screening or inspection of all
individuals, goods, property, vehicles, and other equipment before entry
into a secured area of an airport in the United States described in
section 44903(c);
``(B) shall prescribe specific requirements for such screening and
inspection that will assure at least the same level of protection as
will result from screening of passengers and their baggage;
``(C) shall establish procedures to ensure the safety and integrity
of--
``(i) all persons providing services with respect to aircraft
providing passenger air transportation or intrastate air transportation
and facilities of such persons at an airport in the United States
described in section 44903(c);
``(ii) all supplies, including catering and passenger amenities,
placed aboard such aircraft, including the sealing of supplies to ensure
easy visual detection of tampering; and
``(iii) all persons providing such supplies and facilities of such
persons;
``(D) shall require vendors having direct access to the airfield and
aircraft to develop security programs; and
``(E) may provide for the use of biometric or other technology that
positively verifies the identity of each employee and law enforcement
officer who enters a secure area of an airport.''.
(b) Small and Medium Airports.--
(1) Technical support and financial assistance.--The Under Secretary
of Transportation for Security shall develop a plan to--
(A) provide technical support to airports, each of which had less
than 1 percent of the total annual enplanements in the United States for
the most recent calendar year for which data is available, to enhance
security operations; and
(B) provide financial assistance to those airports to defray the
costs of enhancing security.
(2) Removal of certain restrictions.--
(A) Certification by operator.--If the operator of an airport
described in paragraph (1), after consultation with the appropriate
State and local law enforcement authorities, determines that safeguards
are in place to sufficiently protect public safety, and so certifies in
writing to the Under Secretary, then any security rule, order, or other
directive restricting the parking of passenger vehicles shall not apply
at that airport after the applicable time period specified in
subparagraph (B), unless the Under Secretary, taking into account
individual airport circumstances, notifies the airport operator that the
safeguards in place do not adequately respond to specific security risks
and that the restriction must be continued in order to ensure public
safety.
(B) Countermand period.--The time period within which the Secretary
may notify an airport operator, after receiving a certification under
subparagraph (A), that a restriction must be continued in order to
ensure public safety at the airport is--
(i) 15 days for a nonhub airport (as defined in section 41714(h) of
title 49, United States Code);
(ii) 30 days for a small hub airport (as defined in such section);
(iii) 60 days for a medium hub airport (as defined in such section);
and
(iv) 120 days for an airport that had at least 1 percent of the
total annual enplanements in the United States for the most recent
calendar year for which data is available.
(c) Improvement of Secured-Area Access Control.--Section 44903(g)(2)
of title 49, United States Code, is amended--
(1) by striking ``weaknesses by January 31, 2001;'' in subparagraph
(A) and inserting ``weaknesses;'';
(2) by striking subparagraph (D) and inserting the following:
``(D) on an ongoing basis, assess and test for compliance with
access control requirements, report annually findings of the
assessments, and assess the effectiveness of penalties in ensuring
compliance with security procedures and take any other appropriate
enforcement actions when noncompliance is found;'';
(3) by striking ``program by January 31, 2001;'' in subparagraph (F)
and inserting ``program;''; and
(4) by striking subparagraph (G) and inserting the following:
``(G) work with airport operators to strengthen access control
points in secured areas (including air traffic control operations areas,
maintenance areas, crew lounges, baggage handling areas, concessions,
and catering delivery areas) to ensure the security of passengers and
aircraft and consider the deployment of biometric or similar
technologies that identify individuals based on unique personal
characteristics.''.
(d) Airport Security Pilot Program.--Section 44903(c) of title 49,
United States Code, is amended by adding at the end the following:
``(3) Pilot programs.--The Administrator shall establish pilot
programs in no fewer than 20 airports to test and evaluate new and
emerging technology for providing access control and other security
protections for closed or secure areas of the airports. Such technology
may include biometric or other technology that ensures only authorized
access to secure areas.''.
(e) Airport Security Awareness Programs.--The Under Secretary of
Transportation for Security shall require scheduled passenger air
carriers, and airports in the United States described in section
44903(c) to develop security awareness programs for airport employees,
ground crews, gate, ticket, and curbside agents of the air carriers, and
other individuals employed at such airports.
SEC. 107. CREW TRAINING.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``44918. Crew training
``(a) In General.--Not later than 60 days after the date of enactment
of the Aviation and Transportation Security Act, the Administrator of
the Federal Aviation Administration, in consultation with the Under
Secretary of Transportation for Security, appropriate law enforcement,
security, and terrorism experts, representatives of air carriers and
labor organizations representing individuals employed in commercial
aviation, shall develop detailed guidance for a scheduled passenger air
carrier flight and cabin crew training program to prepare crew members
for potential threat conditions.
``(b) Program Elements.--The guidance shall require such a program to
include, at a minimum, elements that address the following:
``(1) Determination of the seriousness of any occurrence.
``(2) Crew communication and coordination.
``(3) Appropriate responses to defend oneself.
``(4) Use of protective devices assigned to crew members (to the
extent such devices are required by the Administrator or Under
Secretary).
``(5) Psychology of terrorists to cope with hijacker behavior and
passenger responses.
``(6) Live situational training exercises regarding various threat
conditions.
``(7) Flight deck procedures or aircraft maneuvers to defend the
aircraft.
``(8) Any other subject matter deemed appropriate by the
Administrator.
``(c) Air Carrier Programs.--Within 60 days after the Administrator
issues the guidance under subsection (a) in final form, each air carrier
shall develop a flight and cabin crew training program in accordance
with that guidance and submit it to the Administrator for approval.
Within 30 days after receiving an air carrier's program under this
subsection, the Administrator shall review the program and approve it or
require the air carrier to make any revisions deemed necessary by the
Administrator for the program to meet the guidance requirements.
``(d) Training.--Within 180 days after the Administrator approves the
training program developed by an air carrier under this section, the air
carrier shall complete the training of all flight and cabin crews in
accordance with that program.
``(e) Updates.--The Administrator shall update the training guidance
issued under subsection (a) from time to time to reflect new or
different security threats and require air carriers to revise their
programs accordingly and provide additional training to their flight and
cabin crews.''.
(b) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by inserting after the item
relating to section 44917 the following:
``44918. Crew training.''.
SEC. 108. SECURITY SCREENING BY PRIVATE COMPANIES.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``44919. Security screening pilot program
``(a) Establishment of Program.--The Under Secretary shall establish
a pilot program under which, upon approval of an application submitted
by an operator of an airport, the screening of passengers and property
at the airport under section 44901 will be carried out by the screening
personnel of a qualified private screening company under a contract
entered into with the Under Secretary.
``(b) Period of Pilot Program.--The pilot program under this section
shall begin on the last day of the 1-year period beginning on the date
of enactment of this section and end on the last day of the 3-year
period beginning on such date of enactment.
``(c) Applications.--An operator of an airport may submit to the
Under Secretary an application to participate in the pilot program under
this section.
``(d) Selection of Airports.--From among applications submitted under
subsection (c), the Under Secretary may select for participation in the
pilot program not more than 1 airport from each of the 5 airport
security risk categories, as defined by the Under Secretary.
``(e) Supervision of Screened Personnel.--The Under Secretary shall
provide Federal Government supervisors to oversee all screening at each
airport participating in the pilot program under this section and
provide Federal Government law enforcement officers at the airport
pursuant to this chapter.
``(f) Qualified Private Screening Company.--A private screening
company is qualified to provide screening services at an airport
participating in the pilot program under this section if the company
will only employ individuals to provide such services who meet all the
requirements of this chapter applicable to Federal Government personnel
who perform screening services at airports under this chapter and will
provide compensation and other benefits to such individuals that are not
less than the level of compensation and other benefits provided to such
Federal Government personnel in accordance with this chapter.
``(g) Standards for Private Screening Companies.--The Under Secretary
may enter into a contract with a private screening company to provide
screening at an airport participating in the pilot program under this
section only if the Under Secretary determines and certifies to Congress
that the private screening company is owned and controlled by a citizen
of the United States, to the extent that the Under Secretary determines
that there are private screening companies owned and controlled by such
citizens.
``(h) Termination of Contracts.--The Under Secretary may terminate
any contract entered into with a private screening company to provide
screening services at an airport under the pilot program if the Under
Secretary finds that the company has failed repeatedly to comply with
any standard, regulation, directive, order, law, or contract applicable
to the hiring or training of personnel to provide such services or to
the provision of screening at the airport.
``(i) Election.--If a contract is in effect with respect to screening
at an airport under the pilot program on the last day of the 3-year
period beginning on the date of enactment of this section, the operator
of the airport may elect to continue to have such screening carried out
by the screening personnel of a qualified private screening company
under a contract entered into with the Under Secretary under section
44920 or by Federal Government personnel in accordance with this
chapter.
``44920. Security screening opt-out program
``(a) In General.--On or after the last day of the 2-year period
beginning on the date on which the Under Secretary transmits to Congress
the certification required by section 110(c) of the Aviation and
Transportation Security Act, an operator of an airport may submit to the
Under Secretary an application to have the screening of passengers and
property at the airport under section 44901 to be carried out by the
screening personnel of a qualified private screening company under a
contract entered into with the Under Secretary.
``(b) Approval of Applications.--The Under Secretary may approve any
application submitted under subsection (a).
``(c) Qualified Private Screening Company.--A private screening
company is qualified to provide screening services at an airport under
this section if the company will only employ individuals to provide such
services who meet all the requirements of this chapter applicable to
Federal Government personnel who perform screening services at airports
under this chapter and will provide compensation and other benefits to
such individuals that are not less than the level of compensation and
other benefits provided to such Federal Government personnel in
accordance with this chapter.
``(d) Standards for Private Screening Companies.--The Under Secretary
may enter into a contract with a private screening company to provide
screening at an airport under this section only if the Under Secretary
determines and certifies to Congress that--
``(1) the level of screening services and protection provided at the
airport under the contract will be equal to or greater than the level
that would be provided at the airport by Federal Government personnel
under this chapter; and
``(2) the private screening company is owned and controlled by a
citizen of the United States, to the extent that the Under Secretary
determines that there are private screening companies owned and
controlled by such citizens.
``(e) Supervision of Screened Personnel.--The Under Secretary shall
provide Federal Government supervisors to oversee all screening at each
airport at which screening services are provided under this section and
provide Federal Government law enforcement officers at the airport
pursuant to this chapter.
``(g) Termination of Contracts.--The Under Secretary may terminate
any contract entered into with a private screening company to provide
screening services at an airport under this section the pilot program if
the Under Secretary finds that the company has failed repeatedly to
comply with any standard, regulation, directive, order, law, or contract
applicable to the hiring or training of personnel to provide such
services or to the provision of screening at the airport.
(b) Clerical Amendment.--The analysis for such subchapter is amended
by adding after the item relating to section 44918 the following:
``44919. Security screening pilot program.
``44920. Security screening opt-out program.''.
SEC. 109. ENHANCED SECURITY MEASURES.
(a) In General.--The Under Secretary of Transportation for Security
may take the following actions:
(1) Require effective 911 emergency call capability for telephones
serving passenger aircraft and passenger trains.
(2) Establish a uniform system of identification for all State and
local law enforcement personnel for use in obtaining permission to carry
weapons in aircraft cabins and in obtaining access to a secured area of
an airport, if otherwise authorized to carry such weapons.
(3) Establish requirements to implement trusted passenger programs
and use available technologies to expedite the security screening of
passengers who participate in such programs, thereby allowing security
screening personnel to focus on those passengers who should be subject
to more extensive screening.
(4) In consultation with the Commissioner of the Food and Drug
Administration, develop alternative security procedures under which a
medical product to be transported on a flight of an air carrier would
not be subject to an inspection that would irreversibly damage the
product.
(5) Provide for the use of technologies, including wireless and wire
line data technologies, to enable the private and secure communication
of threats to aid in the screening of passengers and other individuals
on airport property who are identified on any State or Federal
security-related data base for the purpose of having an integrated
response coordination of various authorized airport security forces.
(6) In consultation with the Administrator of the Federal Aviation
Administration, consider whether to require all pilot licenses to
incorporate a photograph of the license holder and appropriate biometric
imprints.
(7) Provide for the use of voice stress analysis, biometric, or
other technologies to prevent a person who might pose a danger to air
safety or security from boarding the aircraft of an air carrier or
foreign air carrier in air transportation or intrastate air
transportation.
(8) Provide for the use of technology that will permit enhanced
instant communications and information between airborne passenger
aircraft and appropriate individuals or facilities on the ground.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, and annually thereafter until the Under Secretary has
implemented or decided not to take each of the actions specified in
subsection (a), the Under Secretary shall transmit to Congress a report
on the progress of the Under Secretary in evaluating and taking such
actions, including any legislative recommendations that the Under
Secretary may have for enhancing transportation security.''.
SEC. 110. SCREENING.
(a) Review and Development of Ways To Strengthen Security.--Section
44932(c) of title 49, United States Code, is amended--
(1) by striking ``x-ray'' in paragraph (4);
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking ``passengers.'' in paragraph (5) and inserting
``passengers;''; and
(4) by adding at the end the following:
``(6) to strengthen and enhance the ability to detect or neutralize
nonexplosive weapons, such as biological, chemical, or similar
substances; and
``(7) to evaluate such additional measures as may be appropriate to
enhance inspection of passengers, baggage, and cargo.''.
(b) Passengers and Property.--Section 44901 of title 49, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (h); and
(2) by striking subsections (a) and (b) and inserting the following:
``(a) In General.--The Under Secretary of Transportation for Security
shall provide for the screening of all passengers and property,
including United States mail, cargo, carry-on and checked baggage, and
other articles, that will be carried aboard a passenger aircraft
operated by an air carrier or foreign air carrier in air transportation
or intrastate air transportation. In the case of flights and flight
segments originating in the United States, the screening shall take
place before boarding and shall be carried out by a Federal Government
employee (as defined in section 2105 of title 5, United States Code),
except as otherwise provided in section 44919 or 44920 and except for
identifying passengers and baggage for screening under the CAPPS and
known shipper programs and conducting positive bag-match programs.
``(b) Supervision of Screening.--All screening of passengers and
property at airports in the United States where screening is required
under this section shall be supervised by uniformed Federal personnel of
the Transportation Security Administration who shall have the power to
order the dismissal of any individual performing such screening.
``(c) Checked Baggage.-- A system must be in operation to screen all
checked baggage at all airports in the United States as soon as
practicable but not later than the 60th day following the date of
enactment of the Aviation and Transportation Security Act.
``(d) Explosive Detection Systems.--
``(1) In general.-- The Under Secretary of Transportation for
Security shall take all necessary action to ensure that--
``(A) explosive detection systems are deployed as soon as possible
to ensure that all United States airports described in section 44903(c)
have sufficient explosive detection systems to screen all checked
baggage no later than December 31, 2002, and that as soon as such
systems are in place at an airport, all checked baggage at the airport
is screened by those systems; and
``(B) all systems deployed under subparagraph (A) are fully
utilized; and
``(C) if explosive detection equipment at an airport is unavailable,
all checked baggage is screened by an alternative means.
``(e) Mandatory Screening Where EDS Not Yet Available.-- As soon as
practicable but not later than the 60th day following the date of
enactment of the Aviation and Transportation Security Act and until the
requirements of subsection (b)(1)(A) are met, the Under Secretary shall
require alternative means for screening any piece of checked baggage
that is not screened by an explosive detection system. Such alternative
means may include 1 or more of the following:
``(1) A bag-match program that ensures that no checked baggage is
placed aboard an aircraft unless the passenger who checked the baggage
is aboard the aircraft.
``(2) Manual search.
``(3) Search by canine explosive detection units in combination with
other means.
``(4) Other means or technology approved by the Under Secretary.
``(f) Cargo Deadline.-- A system must be in operation to screen,
inspect, or otherwise ensure the security of all cargo that is to be
transported in all-cargo aircraft in air transportation and intrastate
air transportation as soon as practicable after the date of enactment of
the Aviation and Transportation Security Act.
``(g) Deployment of Armed Personnel.--
``(1) In general.-- The Under Secretary shall order the deployment
of law enforcement personnel authorized to carry firearms at each
airport security screening location to ensure passenger safety and
national security.
``(2) Minimum requirements.-- Except at airports required to enter
into agreements under subsection (c), the Under Secretary shall order
the deployment of at least 1 law enforcement officer at each airport
security screening location. At the 100 largest airports in the United
States, in terms of annual passenger enplanements for the most recent
calendar year for which data are available, the Under Secretary shall
order the deployment of additional law enforcement personnel at airport
security screening locations if the Under Secretary determines that the
additional deployment is necessary to ensure passenger safety and
national security.''.
(c) Deadline for Deployment of Federal Screeners.--
(1) In general.-- Not later than 1 year after the date of enactment
of this Act, the Under Secretary of Transportation for Security shall
deploy at all airports in the United States where screening is required
under section 44901 of title 49, United States Code, a sufficient number
of Federal screeners, Federal Security Managers, Federal security
personnel, and Federal law enforcement officers to conduct the screening
of all passengers and property under section 44901 of such title at such
airports.
(2) Certification to congress.-- Not later than 1 year after the
date of enactment of this Act, the Under Secretary shall transmit to
Congress a certification that the requirement of paragraph (1) has been
met.
(d) Reports.--
(1) Deployment.-- Within 6 months after the date of enactment of
this Act, the Under Secretary of Transportation for Security shall
report to the
Committee on Commerce, Science, and Transportation of the
Senate and to the Committee on Transportation and Infrastructure of the
House of Representatives on the deployment of the systems required by
section 44901(c) of title 49, United States Code. The Under Secretary
shall include in the report--
(A) an installation schedule;
(B) the dates of installation of each system; and
(C) the date on which each system installed is operational.
(2) Screening of small aircraft. --Within 1 year after the date of
enactment of this Act, the Under Secretary of Transportation for
Security shall transmit a report to the Committee on Commerce, Science,
and Transportation of the Senate and Committee on Transportation and
Infrastructure of the House of Representatives on the screening
requirements applicable to passengers boarding, and property being
carried aboard, aircraft with 60 seats or less used in scheduled
passenger service with recommendations for any necessary changes in
those requirements.
SEC. 111. TRAINING AND EMPLOYMENT OF SECURITY SCREENING PERSONNEL.
(a) In General. --Section 44935 of title 49, United States Code, is
amended--
(1) by redesignating subsection (f) as subsection (i); and
(2) by striking subsection (e) and inserting the following:
``(e) Security Screeners. --
``(1) Training program. --The Under Secretary of Transportation for
Security shall establish a program for the hiring and training of
security screening personnel.
``(2) Hiring. --
``(A) Qualifications. --Within 30 days after the date of enactment
of the aviation Transportation Security Act, the Under Secretary shall
establish qualification standards for individuals to be hired by the
United States as security screening personnel. Notwithstanding any
provision of law, those standards shall require, at a minimum, an
individual--
``(i) to have a satisfactory or better score on a Federal security
screening personnel selection examination;
``(ii) to be a citizen of the United States;
``(iii) to meet, at a minimum, the requirements set forth in
subsection (f);
``(iv) to meet such other qualifications as the Under Secretary may
establish; and
``(v) to have the ability to demonstrate daily a fitness for duty
without any impairment due to illegal drugs, sleep deprivation,
medication, or alcohol.
``(B) Background checks. --The Under Secretary shall require that an
individual to be hired as a security screener undergo an employment
investigation (including a criminal history record check) under section
44936(a)(1).
``(C) Disqualification of individuals who present national security
risks. --The Under Secretary, in consultation with the heads of other
appropriate Federal agencies, shall establish procedures, in addition to
any background check conducted under section 44936, to ensure that no
individual who presents a threat to national security is employed as a
security screener.
``(3) Examination; review of existing rules. --The Under Secretary
shall develop a security screening personnel examination for use in
determining the qualification of individuals seeking employment as
security screening personnel. The Under Secretary shall also review, and
revise as necessary, any standard, rule, or regulation governing the
employment of individuals as security screening personnel.
``(f) Employment Standards for Screening Personnel. --
``(1) Screener requirements. --Notwithstanding any provision of law,
an individual may not be deployed as a security screener unless that
individual meets the following requirements:
``(A) The individual shall possess a high school diploma, a general
equivalency diploma, or experience that the Under Secretary has
determined to be sufficient for the individual to perform the duties of
the position.
``(B) The individual shall possess basic aptitudes and physical
abilities, including color perception, visual and aural acuity, physical
coordination, and motor skills, to the following standards:
``(i) Screeners operating screening equipment shall be able to
distinguish on the screening equipment monitor the appropriate imaging
standard specified by the Under Secretary.
``(ii) Screeners operating any screening equipment shall be able to
distinguish each color displayed on every type of screening equipment
and explain what each color signifies.
``(iii) Screeners shall be able to hear and respond to the spoken
voice and to audible alarms generated by screening equipment in an
active checkpoint environment.
``(iv) Screeners performing physical searches or other related
operations shall be able to efficiently and thoroughly manipulate and
handle such baggage, containers, and other objects subject to security
processing.
``(v) Screeners who perform pat-downs or hand-held metal detector
searches of individuals shall have sufficient dexterity and capability
to thoroughly conduct those procedures over an individual's entire body.
``(C) The individual shall be able to read, speak, and write English
well enough to--
``(i) carry out written and oral instructions regarding the proper
performance of screening duties;
``(ii) read English language identification media, credentials,
airline tickets, and labels on items normally encountered in the
screening process;
``(iii) provide direction to and understand and answer questions
from English-speaking individuals undergoing screening; and
``(iv) write incident reports and statements and log entries into
security records in the English language.
``(D) The individual shall have satisfactorily completed all
initial, recurrent, and appropriate specialized training required by the
security program, except as provided in paragraph (3).
``(2) Veterans preference. --The Under Secretary shall provide a
preference for the hiring of an individual as a security screener if the
individual is a member or former member of the armed forces and if the
individual is entitled, under statute, to retired, retirement, or
retainer pay on account of service as a member of the armed forces.
``(3) Exceptions. --An individual who has not completed the training
required by this section may be deployed during the on-the-job portion
of training to perform functions if that individual--
``(A) is closely supervised; and
``(B) does not make independent judgments as to whether individuals
or property may enter a sterile area or aircraft without further
inspection.
``(4) Remedial training. --No individual employed as a security
screener may perform a screening function after that individual has
failed an operational test related to that function until that
individual has successfully completed the remedial training specified in
the security program.
``(5) Annual proficiency review. --The Under Secretary shall provide
that an annual evaluation of each individual assigned screening duties
is conducted and documented. An individual employed as a security
screener may not continue to be employed in that capacity unless the
evaluation demonstrates that the individual--
``(A) continues to meet all qualifications and standards required to
perform a screening function;
``(B) has a satisfactory record of performance and attention to duty
based on the standards and requirements in the security program; and
``(C) demonstrates the current knowledge and skills necessary to
courteously, vigilantly, and effectively perform screening functions.
``(6) Operational testing. --In addition to the annual proficiency
review conducted under paragraph (5), the Under Secretary shall provide
for the operational testing of such personnel.
``(g) Training.--
``(1) Use of other agencies.-- The Under Secretary may enter into a
memorandum of understanding or other arrangement with any other Federal
agency or department with appropriate law enforcement responsibilities,
to provide personnel,
resources, or other forms of assistance in the training of
security screening personnel.
``(2) Training plan. --Within 60 days after the date of enactment of
the Aviation and Transportation Security Act, the Under Secretary shall
develop a plan for the training of security screening personnel. The
plan shall require, at a minimum, that a security screener--
``(A) has completed 40 hours of classroom instruction or
successfully completed a program that the Under Secretary determines
will train individuals to a level of proficiency equivalent to the level
that would be achieved by such classroom instruction;
``(B) has completed 60 hours of on-the-job instructions; and
``(C) has successfully completed an on-the-job training examination
prescribed by the Under Secretary.
``(3) Equipment-specific training. --An individual employed as a
security screener may not use any security screening device or equipment
in the scope of that individual's employment unless the individual has
been trained on that device or equipment and has successfully completed
a test on the use of the device or equipment.
``(h) Technological Training. --
``(1) In general. --The Under Secretary shall require training to
ensure that screeners are proficient in using the most up-to-date new
technology and to ensure their proficiency in recognizing new threats
and weapons.
``(2) Periodic assessments. --The Under Secretary shall make
periodic assessments to determine if there are dual use items and inform
security screening personnel of the existence of such items.
``(3) Current lists of dual use items. --Current lists of dual use
items shall be part of the ongoing training for screeners.
``(4) Dual use defined. --For purposes of this subsection, the term
`dual use' item means an item that may seem harmless but that may be
used as a weapon.
``(i) Limitation on Right To Strike. --An individual that screens
passengers or property, or both, at an airport under this section may
not participate in a strike, or assert the right to strike, against the
person (including a governmental entity) employing such individual to
perform such screening.
``(j) Uniforms. --The Under Secretary shall require any individual
who screens passengers and property pursuant to section 44901 to be
attired while on duty in a uniform approved by the Under Secretary.''.
(b) Conforming Amendments. --Section 44936(a)(1) of title 49, United
States Code, is amended--
(1) in subparagraph (A) by inserting ``as a security screener under
section 44935(e) or a position'' after ``a position''; and
(2) in subparagraph (E) by striking clause (iv).
(c) Transition. --The Under Secretary of Transportation for Security
shall complete the full implementation of section 44935 (e), (f), (g),
and (h) of title 49, United States Code, as amended by subsection (a),
as soon as is practicable. The Under Secretary may make or continue such
arrangements for the training of security screeners under that section
as the Under Secretary determines necessary pending full implementation
of that section as so amended.
(d) Screener Personnel. --Notwithstanding any other provision of law,
the Under Secretary of Transportation for Security may employ, appoint,
discipline, terminate, and fix the compensation, terms, and conditions
of employment of Federal service for such a number of individuals as the
Under Secretary determines to be necessary to carry out the screening
functions of the Under Secretary under section 44901 of title 49, United
States Code. The Under Secretary shall establish levels of compensation
and other benefits for individuals so employed.
SEC. 112. RESEARCH AND DEVELOPMENT.
(a) In General. --Section 44912(b)(1) of title 49, United States
Code, is amended--
(1) by striking ``complete an intensive review of'' and inserting
``periodically review'';
(2) by striking ``commercial aircraft in service and expected to be
in service in the 10-year period beginning on November 16, 1990;'' in
subparagraph (B) and inserting ``aircraft in air transportation;''; and
(3) by redesignating subparagraphs (D) through (F) as subparagraphs
(E) through (G), respectively, and inserting after subparagraph (C) the
following:
``(D) the potential release of chemical, biological, or similar
weapons or devices either within an aircraft or within an airport;''.
(b) Additional Matters Regarding Research and Development.--
(1) Additional program requirements. --Subsection (a) of section
44912 of title 49, United States Code, is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new paragraph (4):
``(4)(A) In carrying out the program established under this
subsection, the Administrator shall designate an individual to be
responsible for engineering, research, and development with respect to
security technology under the program.
``(B) The individual designated under subparagraph (A) shall use
appropriate systems engineering and risk management models in making
decisions regarding the allocation of funds for engineering, research,
and development with respect to security technology under the program.
``(C) The individual designated under subparagraph (A) shall, on an
annual basis, submit to the Research, Engineering and Development
Advisory Committee a report on activities under this paragraph during
the preceding year. Each report shall include, for the year covered by
such report, information on--
``(i) progress made in engineering, research, and development with
respect to security technology;
``(ii) the allocation of funds for engineering, research, and
development with respect to security technology; and
``(iii) engineering, research, and development with respect to any
technologies drawn from other agencies, including the rationale for
engineering, research, and development with respect to such
technologies.''.
(2) Review of threats. --Subsection (b)(1) of that section is
further amended--
(A) by redesignating subparagraphs (A) through (G) as subparagraphs
(B) through (H) respectively; and
(B) by inserting before subparagraph (B), as so redesignated, the
following new subparagraph (A):
``(A) a comprehensive systems analysis (employing vulnerability
analysis, threat attribute definition, and technology roadmaps) of the
civil aviation system, including--
``(i) the destruction, commandeering, or diversion of civil aircraft
or the use of civil aircraft as a weapon; and
``(ii) the disruption of civil aviation service, including by cyber
attack;''.
(3) Scientific advisory panel. --Subsection (c) of that section is
amended to read as follows:
``(c) Scientific Advisory Panel. --(1) The Administrator shall
establish a scientific advisory panel, as a subcommittee of the
Research, Engineering, and Development Advisory Committee, to review,
comment on, advise the progress of, and recommend modifications in, the
program established under subsection (a) of this section, including the
need for long-range research programs to detect and prevent catastrophic
damage to commercial aircraft, commercial aviation facilities,
commercial aviation personnel and passengers, and other components of
the commercial aviation system by the next generation of terrorist
weapons.
``(2)(A) The advisory panel shall consist of individuals who have
scientific and technical expertise in--
``(i) the development and testing of effective explosive detection
systems;
``(ii) aircraft structure and experimentation to decide on the type
and minimum weights of explosives that an effective explosive detection
technology must be capable of detecting;
``(iii) technologies involved in minimizing airframe damage to
aircraft from explosives; and
``(iv) other scientific and technical areas the Administrator
considers appropriate.
``(B) In appointing individuals to the advisory panel, the
Administrator should consider individuals from academia and the national
laboratories, as appropriate.
``(3) The Administrator shall organize the advisory panel into teams
capable of undertaking the review of policies and technologies upon
request.
``(4) Not later than 90 days after the date of the enactment of the
Aviation and Transportation Security Act, and every two years
thereafter, the Administrator shall review the composition of the
advisory panel in order to ensure that the expertise of the individuals
on the panel is suited to the current and anticipated duties of the
panel.''.
SEC. 113. FLIGHT SCHOOL SECURITY.
(a) In General.-- Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``44939. Training to operate certain aircraft
``(a) Waiting Period.-- A person subject to regulation under this
part may provide training in the operation of any aircraft having a
maximum certificated takeoff weight of 12,500 pounds or more to an alien
(as defined in section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3))) or to any other individual specified by the Under
Secretary of Transportation for Security only if--
``(1) that person has first notified the Attorney General that the
individual has requested such training and furnished the Attorney
General with that individual's identification in such form as the
Attorney General may require; and
``(2) the Attorney General has not directed, within 45 days after
being notified under paragraph (1), that person not to provide the
requested training because the Attorney General has determined that the
individual presents a risk to aviation or national security.
``(b) Interruption of Training.-- If the Attorney General, more than
45 days after receiving notification under subsection (a) from a person
providing training described in subsection (a), determines that the
individual presents a risk to aviation or national security, the
Attorney General shall immediately notify the person providing the
training of the determination and that person shall immediately
terminate the training.
``(c) Covered Training.-- For the purposes of subsection (a),
training includes in-flight training, training in a simulator, and any
other form or aspect of training.
``(d) Security Awareness Training for Employees.-- The Under
Secretary shall require flight schools to conduct a security awareness
program for flight school employees to increase their awareness of
suspicious circumstances and activities of individuals enrolling in or
attending flight school.''.
(b) Clerical Amendment.-- The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``44939. Training to operate certain aircraft.''.
(c) International Cooperation.-- The Secretary of Transportation, in
consultation with the Secretary of State, shall work with the
International Civil Aviation Organization and the civil aviation
authorities of other countries to improve international aviation
security through screening programs for flight instruction candidates.
(d) Effective Date.-- The amendment made by subsection (a) applies to
applications for training received after the date of enactment of this
Act.
SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY PERSONNEL.
(a) In General.-- Chapter 465 of title 49, United States Code, is
amended by inserting after section 46502 the following:
``46503. Interference with security screening personnel
``An individual in an area within a commercial service airport in the
United States who, by assaulting a Federal, airport, or air carrier
employee who has security duties within the airport, interferes with the
performance of the duties of the employee or lessens the ability of the
employee to perform those duties, shall be fined under title 18,
imprisoned for not more than 10 years, or both. If the individual used a
dangerous weapon in committing the assault or interference, the
individual may be imprisoned for any term of years or life
imprisonment.''.
(b) Conforming Amendment.-- The chapter analysis for chapter 465 of
such title is amended by inserting after the item relating to section
46502 the following:
``46503. Interference with security screening personnel''.
SEC. 117. PASSENGER MANIFESTS.
Section 44909 is amended by adding at the end the following:
``(c) Flights in Foreign Air Transportation to the United States.--
``(1) In general.-- Not later than 60 days after the date of
enactment of the Aviation and Transportation Security Act, each air
carrier and foreign air carrier operating a passenger flight in foreign
air transportation to the United States shall provide to the
Commissioner of Customs by electronic transmission a passenger and crew
manifest containing the information specified in paragraph (2). Carriers
may use the advanced passenged information system established under
section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) to provide the
information required by the preceding sentence.
``(2) Information. --A passenger and crew manifest for a flight
required under paragraph (1) shall contain the following information:
``(A) The full name of each passenger and crew member.
``(B) The date of birth and citizenship of each passenger and crew
member.
``(C) The sex of each passenger and crew member.
``(D) The passport number and country of issuance of each passenger
and crew member if required for travel.
``(E) The United States visa number or resident alien card number of
each passenger and crew member, as applicable.
``(F) Such other information as the Under Secretary, in consultation
with the Commissioner of Customs, determines is reasonably necessary to
ensure aviation safety.
``(3) Passenger name records. --The carriers shall make passenger
name record information available to the Customs Service upon request.
``(4) Transmission of manifest. --Subject to paragraph (5), a
passenger and crew manifest required for a flight under paragraph (1)
shall be transmitted to the Customs Service in advance of the aircraft
landing in the United States in such manner, time, and form as the
Customs Service prescribes.
``(5) Transmission of manifests to other federal agencies. --Upon
request, information provided to the Under Secretary or the Customs
Service under this subsection may be shared with other Federal agencies
for the purpose of protecting national security.''.
SEC. 118. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.
(a) In General. --Notwithstanding any provision of section 41309(a)
of title 49, United States Code, to the contrary, air carriers providing
air transportation on flights which both originate and terminate at
points within the same State may file an agreement, request,
modification, or cancellation of an agreement within the scope of that
section with the Secretary of Transportation upon a declaration by the
Governor of the State that such agreement, request, modification, or
cancellation is necessary to ensure the continuing availability of such
air transportation within that State.
(b) Approval of Secretary. --The Secretary may approve any such
agreement, request, modification, or cancellation and grant an exemption
under section 41308(c) of title 49, United States Code, to the extent
necessary to effectuate such agreement, request, modification, or
cancellation, without regard to the provisions of section 41309(b) or
(c) of that title.
(c) Public Interest Requirement. --The Secretary may approve such an
agreement, request, modification, or cancellation if the Secretary
determines that--
(1) the State to which it relates has extraordinary air
transportation needs and concerns; and
(2) approval is in the public interest.
(d) Termination. --An approval under subsection (b) and an exemption
under section 41308(c) of title 49, United States Code, granted under
subsection (b) shall terminate on the earlier of the 2 following dates:
(1) A date established by the Secretary in the Secretary's discretion.
(2) October 1, 2002.
(e) Extension. --Notwithstanding subsection (d), if the Secretary
determines that it is in the public interest, the Secretary may extend
the termination date under subsection (d)(2) until a date no later than
October 1, 2003.
(f) Reports. --If the Secretary approves any such agreement, request,
modification, or cancellation under this section and grants an
exemption, the Secretary shall transmit a report to Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives within
6 months describing what actions have been taken by the air carriers to
which the exemption was granted. The Secretary shall also notify those
committees if the Secretary extends the termination date under
subsection (e).
SEC. 115. AIRLINE COMPUTER RESERVATION SYSTEMS.
In order to ensure that all airline computer reservation systems
maintained by United States air carriers are secure from unauthorized
access by persons seeking information on reservations, passenger
manifests, or other non-public information, the Secretary of
Transportation shall require all such air carriers to utilize to the
maximum extent practicable the best technology available to secure their
computer reservation system against such unauthorized access.
SEC. 116. SECURITY SERVICE FEE.
(a) In General.--Subchapter II of chapter 449 is amended by adding at
the end the following:
``44940. Security service fee
``(a) General Authority.--
``(1) Passenger fees.--The Under Secretary of Transportation for
Security shall impose a uniform fee, on passengers of air carriers and
foreign air carriers in air transportation and intrastate air
transportation originating at airports in the United States, to pay for
the following costs of providing civil aviation security services:
``(A) Salary, benefits, overtime, retirement and other costs of
screening personnel, their supervisors and managers, and Federal law
enforcement personnel deployed at airport security screening locations
under section 44901.
``(B) The costs of training personnel described in subparagraph (A),
and the acquisition, operation, and maintenance of equipment used by
such personnel.
``(C) The costs of performing background investigations of personnel
described in subparagraphs (A), (D), (F), and (G).
``(D) The costs of the Federal air marshals program.
``(E) The costs of performing civil aviation security research and
development under this title.
``(F) The costs of Federal Security Managers under section 44903.
``(G) The costs of deploying Federal law enforcement personnel
pursuant to section 44903(h).
The amount of such costs shall be determined by the Under Secretary
and shall not be subject to judicial review.
``(2) Air carrier fees.--
``(A) Authority.--In addition to the fee imposed pursuant to
paragraph (1), and only to the extent that the Under Secretary estimates
that such fee will be insufficient to pay for the costs of providing
civil aviation security services described in paragraph (1), the Under
Secretary may impose a fee on air carriers and foreign air carriers
engaged in air transportation and intrastate air transportation to pay
for the difference between any such costs and the amount collected from
such fee, as estimated by the Under Secretary at the beginning of each
fiscal year. The estimates of the Under Secretary under this
subparagraph are not subject to judicial review.
``(B) Limitations.--
``(i) Overall limit.--The amounts of fees collected under this
paragraph for each fiscal year may not exceed, in the aggregate, the
amounts paid in calendar year 2000 by carriers described in subparagraph
(A) for screening passengers and property, as determined by the Under
Secretary.
``(ii) Per-carrier limit.--The amount of fees collected under this
paragraph from an air carrier described in subparagraph (A) for each of
fiscal years 2002, 2003, and 2004 may not exceed the amount paid in
calendar year 2000 by that carrier for screening passengers and
property, as determined by the Under Secretary.
``(iii) Adjustment of per-carrier limit.--For fiscal year 2005 and
subsequent fiscal years, the per-carrier limitation under clause (ii)
may be determined by the Under Secretary on the basis of market share or
any other appropriate measure in lieu of actual screening costs in
calendar year 2000.
``(iv) Finality of determinations.--Determinations of the Under
Secretary under this subparagraph are not subject to judicial review.
``(C) Special rule for fiscal year 2002.--The amount of fees
collected under this paragraph from any carrier for fiscal year 2002 may
not exceed the amounts paid by that carrier for screening passengers and
property for a period of time in calendar year 2000 proportionate to the
period of time in fiscal year 2002 during which fees are collected under
this paragraph.
``(b) Schedule of Fees.--In imposing fees under subsection (a), the
Under Secretary shall ensure that the fees are reasonably related to the
Transportation Security Administration's costs of providing services
rendered.
``(c) Limitation on Fee.--Fees imposed under subsection (a)(1) may
not exceed $2.50 per enplanement in air transportation or intrastate air
transportation that
originates at an airport in the United States, except that the
total amount of such fees may not exceed $5.00 per one-way trip.
``(d) Imposition of Fee.--
``(1) In general.--Notwithstanding section 9701 of title 31 and the
procedural requirements of section 553 of title 5, the Under Secretary
shall impose the fee under subsection (a)(1), and may impose a fee under
subsection (a)(2), through the publication of notice of such fee in the
Federal Register and begin collection of the fee within 60 days of the
date of enactment of this Act, or as soon as possible thereafter.
``(2) Special rules passenger fees.--A fee imposed under subsection
(a)(1) through the procedures under subsection (d) shall apply only to
tickets sold after the date on which such fee is imposed. If a fee
imposed under subsection (a)(1) through the procedures under subsection
(d) on transportation of a passenger of a carrier described in
subsection (a)(1) is not collected from the passenger, the amount of the
fee shall be paid by the carrier.
``(3) Subsequent modification of fee.--After imposing a fee in
accordance with paragraph (1), the Under Secretary may modify, from time
to time through publication of notice in the Federal Register, the
imposition or collection of such fee, or both.
``(4) Limitation on collection.--No fee may be collected under this
section except to the extent that the expenditure of the fee to pay the
costs of activities and services for which the fee is imposed is
provided for in advance in an appropriations Act.
``(e) Administration of Fees.--
``(1) Fees payable to under secretary.--All fees imposed and amounts
collected under this section are payable to the Under Secretary.
``(2) Fees collected by air carrier.--A fee imposed under subsection
(a)(1) shall be collected by the air carrier or foreign air carrier that
sells a ticket for transportation described in subsection (a)(1).
``(3) Due date for remittance.--A fee collected under this section
shall be remitted on the last day of each calendar month by the carrier
collecting the fee. The amount to be remitted shall be for the calendar
month preceding the calendar month in which the remittance is made.
``(4) Information.--The Under Secretary may require the provision of
such information as the Under Secretary decides is necessary to verify
that fees have been collected and remitted at the proper times and in
the proper amounts.
``(5) Fee not subject to tax.--For purposes of section 4261 of the
Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee imposed under this
section shall not be considered to be part of the amount paid for
taxable transportation.
``(6) Cost of collecting fee.--No portion of fee collected under
this section may be retained by the air carrier or foreign air carrier
for the costs of collecting, handling, or remitting the fee except for
interest accruing to the carrier after collection and before remittance.
``(f) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, any fee collected under this section--
``(1) shall be credited as offsetting collections to the account
that finances the activities and services for which the fee is imposed;
``(2) shall be available for expenditure only to pay the costs of
activities and services for which the fee is imposed; and
``(3) shall remain available until expended.
``(g) Refunds.--The Under Secretary may refund any fee paid by
mistake or any amount paid in excess of that required.
``(h) Exemptions.--The Under Secretary may exempt from the passenger
fee imposed under subsection (a)(1) any passenger enplaning at an
airport in the United States that does not receive screening services
under section 44901 for that segment of the trip for which the passenger
does not receive screening.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``44940. Security service fee''.
(c) Specific Authorization of Appropriations.--
(1) In general. --Part C of subtitle VII of title 49, United States
Code, is amended by adding at the end the following:
``CHAPTER 483--AVIATION SECURITY FUNDING
``Sec.
``48301. Aviation security funding.
``48301. Aviation security funding
``(a) In General. --There are authorized to be appropriated for
fiscal years 2002, 2003, 2004, and 2005 such sums as may be necessary to
carry out chapter 449 and related aviation security activities under
this title. Any amounts appropriated pursuant to this section for fiscal
year 2002 shall remain available until expended.
``(b) Grants for Aircraft Security.--There is authorized to be
appropriated $500,000,000 for fiscal year 2002 to the Secretary of
Transportation to make grants to or other agreements with air carriers
(including intrastate air carriers) to--
``(1) fortify cockpit doors to deny access from the cabin to the
pilots in the cockpit;
``(2) provide for the use of video monitors or other devices to
alert the cockpit crew to activity in the passenger cabin;
``(3) ensure continuous operation of the aircraft transponder in the
event the crew faces an emergency; and
``(4) provide for the use of other innovative technologies to
enhance aircraft security.''.
(2) Conforming amendment. --The subtitle analysis for subtitle VII
of title 49, United States Code, is amended by inserting after the item
relating to chapter 482 the following:
``483. Aviation Security Funding 48301''.
SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.
(a) Limited Use of Airport Improvement Program Funds.--
(1) Airport development funds. --Section 47102(3) of title 49,
United States Code, is amended by adding at the end the following:
``(J) in fiscal year 2002, any additional security related activity
required by law or by the Secretary after September 11, 2001, and before
October 1, 2002.
``(K) in fiscal year 2002 with respect to funds apportioned under
section 47114 in fiscal years 2001 and 2002, any activity, including
operational activities, of an airport that is not a primary airport if
that airport is located within the confines of enhanced class B
airspace, as defined by Notice to Airmen FDC 1/0618 issued by the
Federal Aviation Administration and the activity was carried out when
any restriction in the Notice is in effect.
``(L) in fiscal year 2002, payments for debt service on indebtedness
incurred to carry
out a project at an airport owned or controlled by the sponsor
or at a privately owned or operated airport passenger terminal financed
by indebtedness incurred by the sponsor if the Secretary determines that
such payments are necessary to prevent a default on the indebtedness.''.
(2) Allowable costs. --Section 47110(b)(2) of title 49, United
States Code, is amended--
(A) by striking ``or'' in subparagraph (B);
(B) by inserting ``or'' after ``executed;'' in subparagraph (C); and
(C) by adding at the end the following:
``(D) if the cost is incurred after September 11, 2001, for a
project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L)
and shall not depend upon the date of execution of a grant agreement
made under this subchapter;''.
(3) Discretionary grants.-- Section 47115 of title 49, United States
Code, is amended by adding at the end the following:
``(i) Considerations for Project Under Expanded Security
Eligibility.-- In order to assure that funding under this subchapter is
provided to the greatest needs, the Secretary, in selecting a project
described in section 47102(3)(J) for a grant, shall consider the
non-federal resources available to sponsor, the use of such non-federal
resources, and the degree to which the sponsor is providing increased
funding for the project.''.
(4) Federal share.-- Section 47109(a) of title 49, United States
Code, is amended--
(A) by striking ``and'' in paragraph (3);
(B) by striking ``47134.'' in paragraph (4) and inserting ``47134;
and''; and
(C) by adding at the end the following:
``(5) for fiscal year 2002, 100 percent for a project described in
section 47102(3)(J), 47102(3)(K), or 47102(3)(L).''.
(5) Airport development. --Section 47102(3)(B) of title 49, United
States Code, is amended--
(A) by striking ``and'' at the end of clause (viii);
(B) by striking the period at the end of clause (ix) and inserting
``; and''; and
(C) by inserting after clause (ix) the following new clause:
``(x) replacement of baggage conveyor systems, and reconfiguration
of terminal baggage areas, that the Secretary determines are necessary
to install bulk explosive detection devices.''.
(b) Apportioned Funds.-- For the purpose of carrying out section
47114 of title 49, United States Code, for fiscal year 2003, the
Secretary shall use, in lieu of passenger boardings at an airport during
the prior calendar year, the greater of--
(1) the number of passenger boardings at that airport during 2000; or
(2) the number of passenger boardings at that airport during 2001.
(c) Expedited Processing of Security-Related PFC Requests.-- The
Administrator of the Federal Aviation Administration shall, to the
extent feasible, expedite the processing and approval of passenger
facility fee requests under subchapter I of chapter 471 of title 49,
United States Code, for projects described in section 47192(3)(J) of
title 49, United States Code.
(d) Amendment of General Fee Schedule Provision.-- Section
45301(b)(1)(B) of title 49, United States Code, is amended--
(1) by striking ``directly'' and inserting ``reasonably'';
(2) by striking ``Administration's costs'' and inserting
``Administration's costs, as determined by the Administrator,''; and
(3) by adding at the end ``The Determination of such costs by the
Administrator is not subject to judicial review.''.
SEC. 120. CHEMICAL AND BIOLOGICAL WEAPON DETECTION.
Section 44903(c)(2)(C) of title 49, United States Code, is amended to
read as follows:
``(C) Maximum use of chemical and biological weapon detection
equipment. --The Secretary of Transportation may require airports to
maximize the use of technology and equipment that is designed to detect
or neutralize potential chemical or biological weapons.''.
SEC. 121. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS
FOR SECURITY MANDATES.
(a) Airport Security. --There is authorized to be appropriated to the
Secretary of Transportation for fiscal years 2002 and 2003 a total of
$1,500,000,000 to reimburse airport operators, on-airport parking lots,
and vendors of on-airfield direct services to air carriers for direct
costs incurred by such operators to comply with new, additional, or
revised security requirements imposed on such operators by the Federal
Aviation Administration or Transportation Security Administration on or
after September 11, 2001. Such sums shall remain available until
expended.
(b) Documentation of Costs; Audit. --The Secretary may not reimburse
an airport operator, on-airport parking lot, or vendor of on-airfield
direct services to air carriers under this section for any cost for
which the airport operator, on-airport parking lot, or vendor of
on-airfield direct services does not demonstrate to the satisfaction of
the Secretary, using sworn financial statements or other appropriate
data, that--
(1) the cost is eligible for reimbursement under subsection (a); and
(2) the cost was incurred by the airport operator, on-airport
parking lot, or vendor of on-airfield direct services to air carriers.
The Inspector General of the Department of Transportation and the
Comptroller General of the United States may audit such statements and
may request any other information necessary to conduct such an audit.
(c) Claim Procedure. --Within 30 days after the date of enactment of
this Act, the Secretary, after consultation with airport operators,
on-airport parking lots, and vendors of on-airfield direct services to
air carriers, shall publish in the Federal Register the procedures for
filing claims for reimbursement under this section of eligible costs
incurred by airport operators.
SEC. 122. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) an airport receiving Federal financial assistance should meet
with the tenants of the airport (other than air carriers and foreign air
carriers) to discuss adjustments of the rent of the tenants to account
for losses in revenue incurred by the tenants on and after September 11,
2001;
(2) an air carrier that received financial assistance under the Air
Transportation Safety and System Stabilization Act or under title 49,
United States Code, since September 11, 2001, should meet with airport
operators to discuss payment of applicable rates, charges, and fees; and
(3) the Federal Aviation Administration should maintain its current
restriction on carry-on baggage of 1 bag and 1 personal item.
SEC. 123. AIRPORT IMPROVEMENT PROGRAMS.
(a) Competition Plan. --Section 47106(f) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Special rule for fiscal year 2002. --This subsection does not
apply to any passenger facility fee approved, or grant made, in fiscal
year 2002 if the fee or grant is to be used to improve security at a
covered airport.''.
(b) Conforming Amendment to Airport and Airway Trust Fund. --Section
9502(d)(1)(A) of the Internal Revenue Code of 1986 (relating to airport
and airway program) is amended by inserting ``or the Aviation and
Transportation Security Act'' after ``21st Century''.
SEC. 124. TECHNICAL CORRECTIONS.
(a) Report Deadline. --Section 106(a) of the Air Transportation
Safety and System Stabilization Act (Public Law 107 42) is amended by
striking ``February 1, 2001'' and inserting ``February 1, 2002''.
(b) Insurance and Reinsurance of Aircraft. --Section 44306(c) (as
redesignated by section 201(d) of such Act) is amended by inserting ``in
the interest of air commerce or national security or'' before ``to carry
out foreign policy''.
(c) Federal Credit Instruments. --Section 102(c)(2)(A) of such Act is
amended by striking ``representatives'' and inserting
``representations''.
(d) Maximum Amount of Compensation Payable Per Air Carrier. --Section
103 of such Act is amended by adding at the end the following:
``(d) Compensation for Certain Air Carriers. --
``(1) Set-aside. --The President may set aside a portion of the
amount of compensation payable to air carriers under section 101(a)(2)
to provide compensation to classes of air carriers, such as air tour
operators and air ambulances (including hospitals operating air
ambulances) for whom the application of a distribution formula
containing available seat miles as a factor would inadequately reflect
their share of direct and incremental losses. The President shall reduce
the $4,500,000,000 specified in subsection (b)(2)(A)(i) by the amount
set aside under this subsection.
``(2) Distribution of amounts. --The President shall distribute the
amount set aside under this subsection proportionally among such air
carriers based on an appropriate auditable measure, as determined by the
President.''.
SEC. 125. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS ACTIVITIES.
(a) In General. --Subchapter II of chapter 449 of title 49, United
States Code, is amended by inserting at the end the following:
``44941. Immunity for reporting suspicious activities
``(a) In General. --Any air carrier or foreign air carrier or any
employee of an air carrier or foreign air carrier who makes a voluntary
disclosure of any suspicious transaction relevant to a possible
violation of law or regulation, relating to air piracy, a threat to
aircraft or passenger safety, or terrorism, as defined by section 3077
of title 18, United States Code, to any employee or agent of the
Department of Transportation, the Department of Justice, any Federal,
State, or local law enforcement officer, or any airport or airline
security officer shall not be civilly liable to any person under any law
or regulation of the United States, any constitution, law, or regulation
of any State or political subdivision of any State, for such disclosure.
``(b) Application. --Subsection (a) shall not apply to--
``(1) any disclosure made with actual knowledge that the disclosure
was false, inaccurate, or misleading; or
``(2) any disclosure made with reckless disregard as to the truth or
falsity of that disclosure.''.
(b) Conforming Amendment. --The chapter analysis for such chapter is
amended by adding at the end the following:
``44941. Immunity for reporting suspicious activities.''.
SEC. 126. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.
(a) National Institute of Justice Study. --The National Institute of
Justice shall assess the range of less-than-lethal weaponry available
for use by a flight deck crewmember temporarily to incapacitate an
individual who presents a clear and present danger to the safety of the
aircraft, its passengers, or individuals on the ground and report its
findings and recommendations to the Secretary of Transportation within
90 days after the date of enactment of this Act.
(b) Arming Flight Deck Crew. --Section 44903 of title 49, United
States Code, is amended by adding at the end the following:
``(h) Authority To Arm Flight Deck Crew With Less-Than-Lethal
Weapons.--
``(1) In general. --If the Secretary, after receiving the
recommendations of the National Institute of Justice, determines, with
the approval of the Attorney General and the Secretary of State, that it
is appropriate and necessary and would effectively serve the public
interest in avoiding air piracy, the Secretary may authorize members of
the flight deck crew on any aircraft providing air transportation or
intrastate air transportation to carry a less-than-lethal weapon while
the aircraft is engaged in providing such transportation.
``(2) Usage. --If the Secretary grants authority under paragraph (1)
for flight deck crew members to carry a less-than-lethal weapon while
engaged in providing air transportation or intrastate air
transportation, the Secretary shall--
``(A) prescribe rules requiring that any such crew member be trained
in the proper use of the weapon; and
``(B) prescribe guidelines setting forth the circumstances under
which such weapons may be used.''.
SEC. 127. MAIL AND FREIGHT WAIVERS.
(a) In General. --During a national emergency affecting air
transportation or intrastate air transportation, the Secretary of
Transportation, after consultation with the Transportation Security
Oversight Board, may grant a complete or partial waiver of any
restrictions on the carriage by aircraft of freight, mail, emergency
medical supplies, personnel, or patients on aircraft, imposed by the
Department of Transportation (or other Federal agency or department)
that would permit such carriage of freight, mail, emergency medical
supplies, personnel, or patients on flights, to, from, or within a State
if the Secretary determines that--
(1) extraordinary air transportation needs or concerns exist; and
(2) the waiver is in the public interest, taking into consideration
the isolation of and dependence on air transportation of the State.
(b) Limitations. --The Secretary may impose reasonable limitations on
any such waiver.
SEC. 128. FLIGHT DECK SECURITY.
The pilot of a passenger aircraft operated by an air carrier in air
transportation or intrastate air transportation is authorized to carry a
firearm into the cockpit if--
(1) the Under Secretary of Transportation for Security approves;
(2) the air carrier approves;
(3) the firearm is approved by the Under Secretary; and
(4) the pilot has received proper training for the use of the
firearm, as determined by the Under Secretary.
SEC. 129. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.
Section 44703(g) of title 49, United States Code, is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``pilots'' and inserting ``airmen''; and
(B) by striking the period and inserting ``and related to combating
acts of terrorism.''; and
(2) by adding at the end, the following new paragraphs:
``(3) For purposes of this section, the term `acts of terrorism'
means an activity that involves a violent act or an act dangerous to
human life that is a violation of the criminal laws of the Untied States
or of any State, or that would be a criminal violation if committed
within the jurisdiction of the United States or of any State, and
appears to be intended to intimidate or coerce a civilian population to
influence the policy of a government by intimidation or coercion or to
affect the conduct of a government by assassination or kidnaping.
``(4) The Administrator is authorized and directed to work with State
and local authorities, and other Federal agencies, to assist in the
identification of individuals applying for or holding airmen
certificates.''.
SEC. 130. RESULTS-BASED MANAGEMENT.
Subchapter II of chapter 449 of title 49, United States Code, is
amended by adding at the end the following:
``44942. Performance goals and objectives
``(a) Short Term Transition.--
``(1) In general. --Within 180 days after the date of enactment of
the Aviation and Transportation Security Act, the Under Secretary for
Transportation Security may, in consultation with Congress--
``(A) establish acceptable levels of performance for aviation
security, including screening operations and access control, and
``(B) provide Congress with an action plan, containing measurable
goals and milestones, that outlines how those levels of performance will
be achieved.
``(2) Basics of action plan. --The action plan shall clarify the
responsibilities of the Transportation Security Administration, the
Federal Aviation Administration and any other agency or organization
that may have a role in ensuring the safety and security of the civil
air transportation system.
``(b) Long-Term Results-Based Management.--
``(1) Performance plan and report.--
``(A) Performance plan.--
``(i) Each year, consistent with the requirements of the Government
Performance and Results Act of 1993 (GPRA), the Secretary and the Under
Secretary for Transportation Security shall agree on a performance plan
for the succeeding 5 years that establishes measurable goals
and objectives for aviation security. The plan shall identify
action steps necessary to achieve such goals.
``(ii) In addition to meeting the requirements of GPRA, the
performance plan should clarify the responsibilities of the Secretary,
the Under Secretary for Transportation Security and any other agency or
organization that may have a role in ensuring the safety and security of
the civil air transportation system.
``(B) Performance report. --Each year, consistent with the
requirements of GPRA, the Under Secretary for Transportation Security
shall prepare and submit to Congress an annual report including an
evaluation of the extent goals and objectives were met. The report shall
include the results achieved during the year relative to the goals
established in the performance plan.
``44943. Performance management system
``(a) Establishing a Fair and Equitable System for Measuring Staff
Performance. --The Under Secretary for Transportation Security shall
establish a performance management system which strengthens the
organization's effectiveness by providing for the establishment of goals
and objectives for managers, employees, and organizational performance
consistent with the performance plan.
``(b) Establishing Management Accountability for Meeting Performance
Goals.--
``(1) In general. --Each year, the Secretary and Under Secretary of
Transportation for Security shall enter into an annual performance
agreement that shall set forth organizational and individual performance
goals for the Under Secretary.
``(2) Goals. --Each year, the Under Secretary and each senior
manager who reports to the Under Secretary shall enter into an annual
performance agreement that sets forth organization and individual goals
for those managers. All other employees hired under the authority of the
Under Secretary shall enter into an annual performance agreement that
sets forth organization and individual goals for those employees.
``(c) Performance-Based Service Contracting. --To the extent
contracts, if any, are used to implement the Aviation Security Act, the
Under Secretary for Transportation Security shall, to the extent
practical, maximize the use of performance-based service contracts.
These contracts should be consistent with guidelines published by the
Office of Federal Procurement Policy.''.
SEC. 131. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING
COMMERCIAL FLIGHTS.
(a) In General. --Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``44944. Voluntary provision of emergency services
``(a) Program for Provision of Voluntary Services.--
``(1) Program. --The Under Secretary of Transportation for
Transportation Security shall carry out a program to permit qualified
law enforcement officers, firefighters, and emergency medical
technicians to provide emergency services on commercial air flights
during emergencies.
``(2) Requirements. --The Under Secretary shall establish such
requirements for qualifications of providers of voluntary services under
the program under paragraph (1), including training requirements, as the
Under Secretary considers appropriate.
``(3) Confidentiality of registry. --If as part of the program under
paragraph (1) the Under Secretary requires or permits registration of
law enforcement officers, firefighters, or emergency medical technicians
who are willing to provide emergency services on commercial flights
during emergencies, the Under Secretary shall take appropriate actions
to ensure that the registry is available only to appropriate airline
personnel and otherwise remains confidential.
``(4) Consultation. --The Under Secretary shall consult with
appropriate representatives of the commercial airline industry, and
organizations representing community-based law enforcement,
firefighters, and emergency medical technicians, in carrying out the
program under paragraph (1), including the actions taken under paragraph
(3).
``(b) Exemption From Liability. --An individual shall not be liable
for damages in any action brought in a Federal or State court that
arises from an act or omission of the individual in providing or
attempting to provide assistance in the case of an in-flight emergency
in an aircraft of an air carrier if the individual meets such
qualifications as the Under Secretary shall prescribe for purposes of
this section.
``(c) Exception. --The exemption under subsection (b) shall not apply
in any case in which an individual provides, or attempts to provide,
assistance described in that
paragraph in a manner that constitutes gross negligence or
willful misconduct.''.
(b) Clerical Amendment. --The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``44944. Voluntary provision of emergency services''.
(c) Construction Regarding Possession of Firearms. --Nothing in this
section may be construed to require any modification of regulations of
the Department of Transportation governing the possession of firearms
while in aircraft or air transportation facilities or to authorize the
possession of a firearm in an aircraft or any such facility not
authorized under those regulations.
SEC. 132. GENERAL AVIATION AND AIR CHARTERS.
(a) Air Charter Program. --Within 90 days after the date of enactment
of this Act, the Under Secretary of Transportation for Transportation
Security shall implement an aviation security program for charter air
carriers (as defined in section 40102(a)(13) of title 49, United States
Code) with a maximum certificated takeoff weight of 12,500 pounds or
more.
(b) General Aviation Program. --Within 30 days after the date of
enactment of this Act, the Under Secretary of Transportation for
Transportation Security shall transmit a report on airspace and other
security measures that can be deployed, as necessary, to improve general
aviation security to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The Under Secretary may submit the
report in both classified and redacted forms.
SEC. 133. DEFINITIONS.
Except as otherwise explicitly provided, any term used in this title
that is defined in section 40102 of title 49, United States Code, has
the meaning given that term in that section.
SEC. 134. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.
(a) Flight Service Station Employees. --It is the sense of Congress
that the Administrator of the Federal Aviation Administration should
continue negotiating in good faith with flight service station employees
of the Administration with a goal of reaching agreement on a contract as
soon as possible.
(b) War Risk Insurance. --It is the sense of Congress that the
Secretary of Transportation should implement section 202 of the Air
Transportation Safety and System Stabilization Act (Public Law 107 42)
so as to make war risk insurance directly available to vendors, agents,
and subcontractors of air carriers for all of their domestic operations.
SEC. 135. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that--
(1) the Under Secretary of Transportation for Security should
develop security procedures to allow passengers transporting a musical
instrument on a flight of an air carrier to transport the instrument in
the passenger cabin of the aircraft, notwithstanding any size or other
restriction on carry-on baggage but subject to such other reasonable
security procedures, terms, and conditions as may be established by the
Under Secretary or the air carrier, including imposing additional
charges by the air carrier; and
(2) an air carrier that transports mail under a contract with the
United States Postal Service should transport any animal that the Postal
Service allows to be shipped through the mail.
SEC. 136. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING
SECURITY TECHNOLOGIES AND PROCEDURES.
Section 44903 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Short-Term Assessment and Deployment of Emerging Security
Technologies and Procedures.--
``(1) In general. --The Under Secretary of Transportation for
Security shall recommend to airport operators, within 6 months after the
date of enactment of the Aviation and Transportation Security Act,
commercially available measures or procedures to prevent access to
secure airport areas by unauthorized persons. As part of the 6-month
assessment,
the Under Secretary for Transportation Security shall--
``(A) review the effectiveness of biometrics systems currently in
use at several United States airports, including San Francisco
International;
``(B) review the effectiveness of increased surveillance at access
points;
``(C) review the effectiveness of card- or keypad-based access
systems;
``(D) review the effectiveness of airport emergency exit systems and
determine whether those that lead to secure areas of the airport should
be monitored or how breaches can be swiftly responded to; and
``(E) specifically target the elimination of the `piggy-backing'
phenomenon, where another person follows an authorized person through
the access point.
The 6-month assessment shall include a 12-month deployment strategy
for currently available technology at all category X airports, as
defined in the Federal Aviation Administration approved air carrier
security programs required under part 108 of title 14, Code of Federal
Regulations. Not later than 18 months after the date of enactment of
this Act, the Secretary of Transportation shall conduct a review of
reductions in unauthorized access at these airports.
``(2) Computer-assisted passenger prescreening system.--
``(A) In general.-- The Secretary of Transportation shall ensure
that the Computer-Assisted Passenger Prescreening System, or any
successor system--
``(i) is used to evaluate all passengers before they board an
aircraft; and
``(ii) includes procedures to ensure that individuals selected by
the system and their carry-on and checked baggage are adequately
screened.
``(B) Modifications.-- The Secretary of Transportation may modify
any requirement under the Computer-Assisted Passenger Prescreening
System for flights that originate and terminate within the same State,
if the Secretary determines that--
``(i) the State has extraordinary air transportation needs or
concerns due to its isolation and dependence on air transportation; and
``(ii) the routine characteristics of passengers, given the nature
of the market, regularly triggers primary selectee status.''.
SEC. 137. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY TECHNOLOGY.
(a) Funding.-- To augment the programs authorized in section
44912(a)(1) of title 49, United States Code, there is authorized to be
appropriated an additional $50,000,000 for each of fiscal years 2002
through 2006 and such sums as are necessary for each fiscal year
thereafter to the Transportation Security Administration, for research,
development, testing, and evaluation of the following technologies which
may enhance aviation security in the future. Grants to industry,
academia, and Government entities to carry out the provisions of this
section shall be available for fiscal years 2002 and 2003 for--
(1) the acceleration of research, development, testing, and
evaluation of explosives detection technology for checked baggage,
specifically, technology that is--
(A) more cost-effective for deployment for explosives detection in
checked baggage at small- to medium-sized airports, and is currently
under development as part of the Argus research program at the
Transportation Security Administration;
(B) faster, to facilitate screening of all checked baggage at larger
airports; or
(C) more accurate, to reduce the number of false positives requiring
additional security measures;
(2) acceleration of research, development, testing, and evaluation
of new screening technology for carry-on items to provide more effective
means of detecting and identifying weapons, explosives, and components
of weapons of mass destruction, including advanced x-ray technology;
(3) acceleration of research, development, testing, and evaluation
of threat screening technology for other categories of items being
loaded onto aircraft, including cargo, catering, and duty-free items;
(4) acceleration of research, development, testing, and evaluation
of threats carried on persons boarding aircraft or entering secure
areas, including detection of weapons, explosives, and components of
weapons of mass destruction;
(5) acceleration of research, development, testing and evaluation of
integrated systems of airport
security enhancement, including quantitative methods of
assessing security factors at airports selected for testing such
systems;
(6) expansion of the existing program of research, development,
testing, and evaluation of improved methods of education, training, and
testing of key airport security personnel; and
(7) acceleration of research, development, testing, and evaluation
of aircraft hardening materials, and techniques to reduce the
vulnerability of aircraft to terrorist attack.
(b) Grants.-- Grants awarded under this subtitle shall identify
potential outcomes of the research, and propose a method for
quantitatively assessing effective increases in security upon completion
of the research program. At the conclusion of each grant, the grant
recipient shall submit a final report to the Transportation Security
Administration that shall include sufficient information to permit the
Under Secretary of Transportation for Security to prepare a cost-benefit
analysis of potential improvements to airport security based upon
deployment of the proposed technology. The Under Secretary shall begin
awarding grants under this subtitle within 90 days of the date of
enactment of this Act.
(c) Budget Submission.-- A budget submission and detailed strategy
for deploying the identified security upgrades recommended upon
completion of the grants awarded under subsection (b), shall be
submitted to Congress as part of the Department of Transportation's
annual budget submission.
(d) Defense Research. --There is authorized to be appropriated
$20,000,000 to the Transportation Security Administration to issue
research grants in conjunction with the Defense Advanced Research
Projects Agency. Grants may be awarded under this section for--
(1) research and development of longer-term improvements to airport
security, including advanced weapons detection;
(2) secure networking and sharing of threat information between
Federal agencies, law enforcement entities, and other appropriate
parties;
(3) advances in biometrics for identification and threat assessment;
or
(4) other technologies for preventing acts of terrorism in aviation.
SEC. 138. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS.
(a) In General.-- Section 44936 of title 49, United States Code, is
amended--
(1) by inserting ``and a review of available law enforcement data
bases and records of other governmental and international agencies to
the extent determined practicable by the Under Secretary of
Transportation for Transportation Security,'' after ``check'' in
subsection (a)(1)(A);
(2) by striking ``in any case described in subparagraph (C)'' in
subsection (a)(1)(B) and inserting ``and a review of available law
enforcement data bases and records of other governmental and
international agencies to the extent determined practicable by the Under
Secretary of Transportation for Transportation Security'';
(3) by striking ``will be'' in subsection (a)(1)(B)(i) and inserting
``are'';
(4) by striking ``and'' after the semicolon in clause (ii) of
subsection (a)(1)(B)
(5) by redesignating clause (iii) of subsection (a)(1)(B) as clause
(iv);
(6) by inserting after clause (ii) of subsection (a)(1)(B) the
following:
``(iii) individuals who regularly have escorted access to aircraft
of an air carrier or foreign air carrier or a secured area of an airport
in the United States the Administrator designates that serves an air
carrier or foreign air carrier; and'';
(7) by striking subparagraphs (C), (D), and (E) of subsection (a)(1)
and redesignating subparagraph (F) as subparagraph (D);
(8) by inserting after subparagraph (B) of subsection (a)(1) the
following:
``(C) Background checks of current employees.--
``(i) A new background check (including a criminal history record
check and a review of available law enforcement data bases and records
of other governmental and international agencies to the extent
determined practicable by the Under Secretary of Transportation for
Transportation Security shall be required for any individual who is
employed in a position described in subparagraphs (A) and (B) on the
date of enactment of the Aviation and Transportation Security Act.
``(ii) The Under Secretary may provide by order (without regard to
the provisions of chapter 5 of title 5, United States Code) for a
phased-in implementation of the requirements of this subparagraph.'';
(9) by striking ``107.31(m)'' in subparagraph (D), as redesignated,
and inserting ``107.31(m)(1) or (2)'';
(10) by striking ``the date of enactment of this subparagraph.'' in
subparagraph (D), as redesignated, and inserting ``November 22, 2000.
The Under Secretary shall work with the International Civil Aviation
Organization and with appropriate authorities of foreign countries to
ensure that individuals exempted under this subparagraph do not pose a
threat to aviation or national security.'';
(11) by striking ``carrier, or airport operator'' in subsection
(a)(2) and inserting ``carrier, airport operator, or government'';
(12) by striking ``carrier, or airport operator'' in subsection
(b)(1) and inserting ``carrier, airport operator, or government'';
(13) by striking ``carrier, or airport operator'' in subsection
(b)(3) and inserting ``carrier, airport operator, or government''; and
(14) by adding at the end of subsection (c)(1) ``All Federal
agencies shall cooperate with the Under Secretary and the Under
Secretary's designee in the process of collecting and submitting
fingerprints.''.
(b) Records of Employment of Pilot Applicants. --Part A of subtitle
VII is amended--
(1) by moving subsections (f), (g), and (h) of section 44936 from
section 44936, inserting them at the end of section 44703, and
redesignating them as subsections (h), (i), and (j), respectively; and
(2) in subsections (i) and (j) of section 44703 (as moved to the end
of section 44703 by paragraph (1) of this subsection), by striking
``subsection (f)'' each place it appears and inserting ``subsection
(h)''.
SEC. 139. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.
Chapter 451 of title 49, United States Code, is amended--
(1) by striking ``contract personnel'' each place it appears and
inserting ``personnel'';
(2) by striking ``contract employee'' each place it appears and
inserting ``employee'';
(3) in section 45106(c) by striking ``contract employees'' and
inserting ``employees'';
(4) by inserting after section 45106 the following:
``45107. Transportation Security Administration
``(a) Transfer of Functions Relating to Testing Programs With Respect
to Airport Security Screening Personnel.--The authority of the
Administrator of the Federal Aviation Administration under this chapter
with respect to programs relating to testing of airport security
screening personnel are transferred to the Under Secretary of
Transportation for Security. Notwithstanding section 45102(a), the
regulations prescribed under section 45102(a) shall require testing of
such personnel by their employers instead of by air carriers and foreign
air carriers.
``(b) Applicability of Chapter With Respect to Employees of
Administration.--The provisions of this chapter that apply with respect
to employees of the Federal Aviation Administration whose duties include
responsibility for safety-sensitive functions shall apply with respect
to employees of the Transportation Security Administration whose duties
include responsibility for security-sensitive functions. The Under
Secretary of Transportation for Security, the Transportation Security
Administration, and employees of the Transportation Security
Administration whose duties include responsibility for
security-sensitive functions shall be subject to and comply with such
provisions in the same manner and to the same extent as the
Administrator of the Federal Aviation Administration, the Federal
Aviation Administration, and employees of the Federal Aviation
Administration whose duties include responsibility for safety-sensitive
functions, respectively.''; and
(5) in the analysis for such chapter by inserting after the item
relating to section 45106 the following:
``45107. Transportation Security Administration.''.
SEC. 140. CONFORMING AMENDMENTS TO SUBTITLE VII.
(a) Records of Employment of Pilot Applicants.--Part A of subtitle
VII of title 49, United States Code, is amended--
(1) by moving subsections (f), (g), and (h) of section 44936 from
section 44936, inserting them at the end of section 44703, and
redesignating them as subsections (h), (i), and (j), respectively; and
(2) in subsections (i) and (j) of section 44703 (as moved to the end
of section 44703 by paragraph (1) of this subsection), by striking
``subsection (f)'' each place it appears and inserting ``subsection
(h)''.
(b) Investigations and Procedures.--Chapter 461 of such title is
amended--
(1) in each of sections 46101(a)(1), 46102(a), 46103(a), 46104(a),
46105(a), 46106, 46107(b), and 46110(a) by inserting after ``(or'' the
following: ``the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried out by
the Under Secretary or'';
(2) by striking ``or Administrator'' each place it appears and
inserting ``, Under Secretary, or Administrator'';
(3) in section 46101(a)(2) by striking ``of Transportation or the''
and inserting ``, Under Secretary, or'';
(4) in section 46102(b) by striking ``and the Administrator'' and
inserting ``, the Under Secretary, and the Administrator'';
(5) in section 46102(c) by striking ``and Administrator'' each place
it appears and inserting ``, Under Secretary, and Administrator'';
(6) in each of sections 46102(d) and 46104(b) by inserting ``the
Under Secretary,'' after ``Secretary,'';
(7) in the heading to section 46106 by striking `` Secretary of
Transportation and Administrator of the Federal Aviation
Administration'' and inserting `` Department of Transportation''; and
(8) in the item relating to section 46106 of the analysis for such
chapter by striking ``Secretary of Transportation and Administrator of
the Federal Aviation Administration'' and inserting ``Department of
Transportation''.
(c) Administrative.--Section 40113 of such title is amended--
(1) in subsection (a)--
(A) by inserting after ``(or'' the following: ``the Under Secretary
of Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary or''; and
(B) by striking ``or Administrator'' and inserting ``, Under
Secretary, or Administrator''; and
(2) in subsection (d)--
(A) by inserting after ``The'' the following: ``Under Secretary of
Transportation for Security or the'';
(B) by striking ``Administration'' the second place it appears and
inserting ``Transportation Security Administration or Federal Aviation
Administration, as the case may be,''; and
(C) by striking ``the Administrator decides'' and inserting ``the
Under Secretary or Administrator, as the case may be, decides''.
(d) Penalties.--Chapter 463 of such title is amended--
(1) in section 46301(d)(2)--
(A) by striking ``, chapter 449 (except sections 44902, 44903(d),
44907(a) (d)(1)(A) and (d)(1)(C) (f), 44908, and 44909),'';
(B) by inserting after the first sentence the following: ``The Under
Secretary of Transportation for Security may impose a civil penalty for
a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)
(d)(1)(A), 44907(d)(1)(C) (f), 44908, and 44909) or a regulation
prescribed or order issued under such chapter 449.''; and
(C) by inserting ``Under Secretary or'' before ``Administrator
shall'';
(2) in each of paragraphs (3) and (4) of section 46301(d) by
striking ``Administrator'' each place it appears and inserting ``Under
Secretary or Administrator'';
(3) in section 46301(d)(8) by striking ``Administrator'' and
inserting ``Under Secretary, Administrator,'';
(4) in section 46301(h)(2) by inserting after ``(or'' the following:
``the Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the Under
Secretary or'';
(5) in section 46303(c)(2) by inserting ``or the Under Secretary of
Transportation for Security'' after ``Federal Aviation Administration'';
(6) in section 46311--
(A) by inserting after ``Transportation,'' the following: ``the
Under Secretary of Transportation for Security with respect to security
duties and powers designated to be carried out by the Under
Secretary,'';
(B) by inserting after ``Secretary,'' each place it appears the
following: ``Under Secretary,''; and
(C) by striking ``or Administrator'' each place it appears and
inserting ``, Under Secretary, or Administrator'';
(7) in each of sections 46313 and 46316 by inserting after ``(or''
the following: ``the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried out by
the Under Secretary or''; and
(8) in section 46505(d)(2) by inserting ``or the Under Secretary of
Transportation for Security'' after ``Federal Aviation Administration''.
SEC. 141. SAVINGS PROVISION.
(a) Transfer of Assets and Personnel.--Except as otherwise provided
in this Act, those personnel, property, and records employed, used,
held, available, or to be made available in connection with a function
transferred to the Transportation Security Administration by this Act
shall be transferred to the Transportation Security Administration for
use in connection with the functions transferred. Unexpended balances of
appropriations, allocations, and other funds made available to the
Federal Aviation Administration to carry out such functions shall also
be transferred to the Transportation Security Administration for use in
connection with the functions transferred.
(b) Legal Documents.--All orders, determinations, rules, regulations,
permits, grants, loans, contracts, settlements, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to become
effective by the Federal Aviation Administration, any officer or
employee thereof, or any other Government official, or by a court of
competent jurisdiction, in the performance of any function that is
transferred by this Act; and
(2) that are in effect on the effective date of such transfer (or
become effective after such date pursuant to their terms as in effect on
such effective date), shall continue in effect according to their terms
until modified, terminated, superseded, set aside, or revoked in
accordance with law by the Under Secretary of Transportation for
Security, any other authorized official, a court of competent
jurisdiction, or operation of law.
(c) Proceedings.--
(1) In general.--The provisions of this Act shall not affect any
proceedings or any application for any license pending before the
Federal Aviation Administration at the time this Act takes effect,
insofar as those functions are transferred by this Act; but such
proceedings and applications, to the extent that they relate to
functions so transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this Act had not been enacted;
and orders issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
(2) Statutory construction.--Nothing in this subsection shall be
deemed to prohibit the discontinuance or modification of any proceeding
described in paragraph (1) under the same terms and conditions and to
the same extent that such proceeding could have been discontinued or
modified if this Act had not been enacted.
(3) Orderly transfer.--The Secretary of Transportation is authorized
to provide for the orderly transfer of pending proceedings from the
Federal Aviation Administration.
(d) Suits.--
(1) In general.--This Act shall not affect suits commenced before
the date of the enactment of this Act, except as provided in paragraphs
(2) and (3). In all such suits, proceeding shall be had, appeals taken,
and judgments rendered in the same manner and with the same effect as if
this Act had not been enacted.
(2) Suits by or against faa.--Any suit by or against the Federal
Aviation Administration begun before the date of the enactment of this
Act shall be continued, insofar as it involves a function retained and
transferred under this Act, with the Transportation Security
Administration (to the extent the suit involves functions transferred to
the Transportation Security Administration under this Act) substituted
for the Federal Aviation Administration.
(3) Remanded cases.--If the court in a suit described in paragraph
(1) remands a case to the Transportation Security Administration,
subsequent proceedings related to such case shall proceed in accordance
with applicable law and regulations as in effect at the time of such
subsequent proceedings.
(e) Continuance of Actions Against Officers.--No suit, action, or
other proceeding commenced by or against any officer in his official
capacity as an officer of the Federal Aviation Administration shall
abate by reason of the enactment of this Act. No cause of action by or
against the Federal Aviation Administration, or by or against any
officer thereof in his official capacity, shall abate by reason of the
enactment of this Act.
(f) Exercise of Authorities.--Except as otherwise provided by law, an
officer or employee of the Transportation Security Administration may,
for purposes of performing a function transferred by this Act or the
amendments made by this Act, exercise all authorities under any other
provision of law that were available with respect to the performance of
that function to the official responsible for the performance of the
function immediately before the effective date of the transfer of the
function under this Act.
(g) Act Defined.--In this section, the term ``Act'' includes the
amendments made by this Act.
SEC. 142. BUDGET SUBMISSIONS.
The President's budget submission for fiscal year 2003 and each
fiscal year thereafter shall reflect the establishment of the
Transportation Security Administration.
SEC. 143. LAND ACQUISITION COSTS.
In the case of a grant for land acquisition issued to an airport
under chapter 471 of title 49, United States Code, prior to January 1,
1995, the Secretary of Transportation may waive the provisions of
section 47108 of such title and provide an upward adjustment in the
maximum obligation of the United States under that chapter to assist the
airport in funding land acquisition costs (and associated eligible
costs) that increased as a result of a judicial order.
SEC. 144. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL
VIOLENCE OR AIRCRAFT PIRACY.
Section 44903 is amended by adding at the end the following:
``(h) Limitation on Liability for Acts To Thwart Criminal Violence or
Aircraft Piracy.--An individual shall not be liable for damages in any
action brought in a Federal or State court arising out of the acts of
the individual in attempting to thwart an act of criminal violence or
piracy on an aircraft if that individual reasonably believed that such
an act of criminal violence or piracy was occurring or was about to
occur.''.
SEC. 145. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUSPENDED SERVICE.
(a) In General.--Each air carrier that provides scheduled air
transportation on a route shall provide, to the extent practicable, air
transportation to passengers ticketed for air transportation on that
route by any other air carrier that suspends, interrupts, or
discontinues air passenger service on the route by reason of insolvency
or bankruptcy of the other air carrier.
(b) Passenger Obligation.--An air carrier is not required to provide
air transportation under subsection (a) to a passenger unless that
passenger makes alternative arrangements with the air carrier for such
transportation within 60 days after the date on which that passenger's
air transportation was suspended, interrupted, or discontinued (without
regard to the originally scheduled travel date on the ticket).
(c) Sunset.--This section does not apply to air transportation the
suspension, interruption, or discontinuance of which occurs more than 18
months after the date of enactment of this Act.
SEC. 146. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.
Upon request of an operator of an aircraft affected by the
restrictions imposed under Notice to Airmen FDC 1/0618 issued by the
Federal Aviation Administration, or any other notice issued after
September 11, 2001, and prior to the date of enactment of this Act that
restricts the ability of United States registered aircraft to conduct
operations under part 91 of title 14, Code of Federal Regulations, in
enhanced class B airspace (as defined by such Notice), such restrictions
shall cease to be in effect for the affected class of operator beginning
on the 30th day following the request, unless the Secretary of
Transportation publishes a notice in the Federal Register before such
30th day reimposing the restriction and explaining the reasons for the
restriction.
SEC. 147. AVIATION WAR RISK INSURANCE.
Section 44306(b) of title 49, United States Code, is amended by
striking ``60 days'' each place it appears and inserting ``1 year''.
TITLE II--LIABILITY LIMITATION
SEC. 201. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION
ACT AMENDMENTS.
(a) Recovery of Collateral Source Obligations of Terrorists.--Section
405(c)(3)(B)(i) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended by striking
``obligations.'' and inserting ``obligations, or to a civil action
against any person who is a knowing participant in any conspiracy to
hijack any aircraft or commit any terrorist act.''.
(b) Extension of Liability Relief to Aircraft Manufacturers and
Others.--Section 408 of that Act is amended--
(1) by striking `` air carrier'' in the section heading;
(2) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Liability limited to insurance coverage.--Notwithstanding any
other provision of law, liability for all claims, whether for
compensatory or punitive damages or for contribution or indemnity,
arising from the terrorist-related aircraft crashes of September 11,
2001, against an air carrier, aircraft manufacturer, airport sponsor, or
person with a property interest in the World Trade Center, on September
11, 2001, whether fee simple, leasehold or easement, direct or indirect,
or their directors, officers, employees, or agents, shall not be in an
amount greater than the limits of liability insurance coverage
maintained by that air carrier, aircraft manufacturer, airport sponsor,
or person.
``(2) Willful defaults on rebuilding obligation.--Paragraph (1) does
not apply to any such person with a property interest in the World Trade
Center if the Attorney General determines, after notice and an
opportunity for a hearing on the record, that the person has defaulted
willfully on a contractual obligation to rebuild, or assist in the
rebuilding of, the World Trade Center.
``(3) Limitations on liability for new york city.--Liability for all
claims, whether for compensatory or punitive damages or for contribution
or indemnity arising from the terrorist-related aircraft crashes of
September 11, 2001, against the City of New York shall not exceed the
greater of the city's insurance coverage or $350,000,000. If a claimant
who is eligible to seek compensation under section 405 of this Act,
submits a claim under section 405, the claimant waives the right to file
a civil action (or to be a party to an action) in any Federal or State
court for damages sustained as a result of the terrorist-related
aircraft crashes of September 11, 2001, including any such action
against the City of New York. The preceding sentence does not apply to a
civil action to recover collateral source obligations.''; and
(3) by adding at the end of subsection (c) the following:
``Subsections (a) and (b) do not apply to civil actions to recover
collateral source obligations. Nothing in this section shall in any way
limit any liability of any person who is engaged in the business of
providing air transportation security and who is not an airline or
airport sponsor or director, officer, or employee of an airline or
airport sponsor.''.
(c) Limitation of United States Subrogation Right.--Section 409 of
that Act is amended by striking ``title.'' and inserting ``title,
subject to the limitations described in section 408.''.
(d) Definitions.--Section 402 of that Act is amended--
(1) by adding at the end of paragraph (1) the following: ``The term
`air carrier' does not include a person, other than an air carrier,
engaged in the business of providing air transportation security.''.
(2) by redesignating paragraphs (3) through (8) as paragraphs (5)
through (10), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Aircraft manufacturer.--The term `aircraft manufacturer' means
any entity that manufactured the aircraft or any parts or components of
the aircraft involved in the terrorist related aircraft crashes of
September 11, 2001, including employees and agents of that entity.
``(4) Airport sponsor.--The term `airport sponsor' means the owner
or operator of an airport (as defined in section 40102 of title 49,
United States Code).''.
And the House agree to the same.
Don Young,
Thomas Petri,
John J. Duncan, Jr.,
John L. Mica,
Vernon J. Ehlers,
James L. Oberstar,
William O. Lipinski,
Peter DeFazio,
Managers on the Part of the House.
Ernest F. Hollings,
Daniel K. Inouye,
John D. Rockefeller IV,
John F. Kerry,
John Breaux,
Byron L. Dorgan,
Ron Wyden,
John McCain,
Trent Lott,
Kay Bailey Hutchison,
Olympia Snowe,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the Senate and House at the conference
on the disagreeing vote of the two Houses on the amendment of the House
of Representatives to the bill (S. 1447), to improve aviation security,
and for other purposes, submit the following joint statement to the
Senate and House in explanation of the effects of the action agreed upon
by the managers and recommended in the accompanying conference report:
The House amendment struck all of the Senate bill after the enacting
clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment of the
House with an amendment that is a substitute for the Senate bill and the
House amendment. The differences between the Senate bill, the House
amendment, and the substitute agreed to in conference are noted below,
except for clerical corrections, conforming changes made necessary by
agreements reached by the conferees, and minor drafting and clerical
changes.
1. short title
Senate bill
Section 1: ``Aviation Security Act''.
House amendment
Section 1: ``Airport Security Federalization Act of 2001''.
Conference substitute
The title of the legislation will be ``The Aviation and
Transportation Security Act.''
2. findings
Senate bill
Section 101: 7 findings on the importance of security and the need
for Federal control and other changes.
House amendment
No provision.
Conference substitute
The conferees recognize that the safety and security of the civil
air transportation system is critical to the security of the United
States and its national defense, and that a safe and secure United
States civil air transportation system is essential to the basic freedom
of America to move in intrastate, interstate and international
transportation. The conferees further note the terrorist hijacking and
crashes of passenger aircraft on September 11, 2001, which converted
civil aircraft into guided bombs for strikes against the United States,
required a fundamental change in the way it approaches the task of
ensuring the safety and security of the civil air transportation system.
The Conferees expect that security functions at United States
airports should become a Federal government responsibility, and it is
their belief that while the number of Federal air marshals is
classified, their presence would have a deterrent effect on hijacking
and would further bolster public confidence in the safety of air travel.
The Conferees also noted that the effectiveness of existing security
measures, including employee background checks and passenger
pre-screening, is currently impaired because of the inaccessibility of,
or the failure to share information among, data bases maintained by
different Federal and international agencies for criminal behavior or
pertinent intelligence information.
The Conferees developed this legislation to address the security of
the nation's transportation system.
3. organization of security function within dot
Senate bill
Section 102: Creates a new Deputy Secretary of Transportation.
House amendment
Section 101: Creates a new Transportation Security Administration
(TSA) within DOT headed by an Under Secretary. Establishes
qualifications. Sets 5-year term. TSA has same procurement and personnel
authority as the FAA.
Conference substitute
The Conference Report creates the Transportation Security
Administration (TSA) to be headed by an Under Secretary within the DOT.
4. functions of deputy secretary or under secretary
Senate bill
Section 102(a): Coordinate and direct the functions of DOT and FAA
under Chapter 449.
Work with the FAA on actions that affect safety.
Coordinate with DOJ, DOD, and other agencies on matters related to
aviation security.
Coordinate transportation and actions of other agencies during an
emergency. (This does not supersede the authority of any other agency.)
Establish uniform standards for transportation during an emergency.
Provide notice to other agencies about threats during an emergency.
The Secretary defines what constitutes an emergency.
Take other actions, the Secretary shall prescribe.
House amendment
Section 101: Under Secretary will be responsible for security in all
modes of transportation. Specifically, Under Secretary is responsible
for the following:
Receiving, assessing, and distributing intelligence information to
the appropriate people in the transportation community.
Assessing threats to transportation.
Developing policies to deal with these threats.
Coordinating with other agencies.
Serve as the liaison with the intelligence community.
Supervising airport security using Federal uniformed personnel.
Manage the Federal security personnel in the field.
Enforce security regulations.
Undertake research to improve security.
Inspect, maintain, and test security equipment.
Ensure that adequate security is provided for the transportation of
cargo.
Oversee the security at airports and other transportation facilities.
Perform background checks on screeners and those who work at airports.
Develop standards for the hiring and firing of screeners.
Train and test screeners.
Conference substitute
The Conferees believe the best way to ensure effective Federal
management of the nation's transportation system is through the creation
of a new Administration within DOT to be called the Transportation
Security Administration (TSA). The TSA's responsibilities will encompass
security in all modes of transportation.
5. pay of deputy secretary or under secretary
Senate bill
Section 127: Paid at level II of the Executive Schedule plus bonuses
based on performance.
House amendment
Section 101(c): Paid at level II of the Executive Schedule ($141,300
in 2000).
Conference substitute
The Conferees direct that the Under Secretary is to be paid at Level
II of the Executive Schedule ($141,300 in 2000). A bonus, not to exceed
thirty percent of the annual salary may be provided based on the
performance of the US to be determined by the Secretary.
6. reports
Senate bill
Section 102(a): Annual report of activities.
Section 127: Annual DOT report on results achieved relative to the
agency security performance plan.
Section 112: 60-day report on additional security measures.
Section 133: 120-day report on the new DOJ responsibilities for
aviation security.
Section 113: 3-month report on how to improve security of general
aviation and air charters.
House amendment
Section 106: Eliminates existing report in section 44938 of title
49, United States Code.
Conference substitute
(House)
6A. enhanced security
Senate bill
Section 115: 120 day report on the following issues:
(1) Requiring verification of airport employees' identity.
(2) Installing switches so flight attendants can notify pilots of a
hijacking.
(3) Revalidating airline and airport employee identification cards.
(4) Updating strategy for dealing with hijackings.
(5) Technology to improve communication between aircraft and ground
facilities.
Section 211: DOT shall study options for improving positive IDs of
passengers at check-in counters and boarding areas. Report required in 6
months.
House amendment
Section 106: Requires the Under Secretary to address the issues
listed below and to report 6 months after the date of enactment on the
progress being made in implementing each.
A similar report would have to be submitted each year thereafter
until all the items had either been implemented or rejected:
(1) Develop procedures (such as barrel roles or depressurizing the
aircraft) and authorize equipment (such as lethal or non-lethal weapons)
to help the pilot defend the aircraft against hijackers.
(2) After consultation with the FAA, find ways to--
(A) limit access to the cockpit;
(B) strengthen cockpit doors;
(C) use video cameras to alert pilots to problems in the passenger
cabin without having to open the cockpit door;
(D) ensure that the aircraft transponder cannot be turned off in
flight.
(3) Impose standards for the screening or inspection of vehicles and
employees of aircraft fuelers, caterers, cleaners, and others who have
access to aircraft and secure areas of airports.
(4) Require airlines to provide emergency call capability from
aircraft and trains.
(5) Use various technologies, such as voice stress analysis, to
prevent a dangerous person from boarding a plane.
(6) Develop certification standards for individual screeners.
(7) Establish performance goals and use Threat Image Projection
(TIP) or similar devices to test whether screeners are meeting those
goals or certification standards.
(8) Develop ways for airlines to have access to law enforcement and
immigration data bases to ensure that dangerous people do not board
their planes.
(9) Use the profiling system known as CAPS to not only give special
scrutiny to selected checked baggage but also to the passengers who fit
the profile and their carry-on baggage.
(10) Use technology to ensure that airport and airline employees and
law enforcement officers are who they claim to be.
(11) Install switches in the passenger cabin so that flight
attendants can discreetly notify a pilot if there is a problem.
(12) Change the training of airline personnel in light of the change
in the methods and goals of hijackers as evidenced by the attack of
September 11th.
(13) Provide for background checks for those seeking flying lessons
on large aircraft or flight simulators of such aircraft.
(14) Enter into agreements allowing trained law enforcement
personnel of other agencies to travel with guns in order to assist a sky
marshal.
(15) Perform more thorough background checks (including review of
immigration and other government records) of airport screeners, student
pilots, and others who have unescorted access to secure areas of the
airport.
(16) Establish a uniform system for identifying law enforcement
personnel authorized to carry a gun on board to ensure they are who they
claim to be.
(17) Allow airlines to implement trusted passenger programs to use
technology to expedite screening for those passengers that wish to
participate.
(18) Develop security procedures for stem cells and other medical
containers that cannot be opened or x-rayed.
(19) Develop security procedures to allow musical instruments to be
carried in the passenger cabin.
(20) Provide for the use of wireless devices to enable
communications among airport security personnel about potential threats.
Conference substitute
The Under Secretary shall decide upon establishing security measures
to: ensure that the flight transponder cannot be turned off in flight;
require airlines to provide emergency call capability from aircraft and
trains; use voice stress analysis, biometric, and other technologies to
prevent dangerous persons from boarding a plane; establish a uniform
system for identifying law enforcement personnel traveling with firearms
to ensure they are who they claim to be; require the consideration of
alternative security procedures that would not damage medical products;
allow airlines to implement trusted passenger programs to use technology
to expedite screening on a voluntary basis; and, provide for the use of
technology to enhance communications among airport security personnel
about potential threats. The conferees encourage efforts by the
Transportation Security Administration and professional organizations
representing industry to use biometric information, such as fingerprints
collected initially as input to the background check process, for future
verification of identity at access control points to secure airport
areas. The Conferees applaud efforts to improve day-to-day airport
security by utilizing this raw biometric information collected from
individuals as a recurrent identifier for access to secure areas. The
Conferees urge the Transportation Security Administration to work with
industry organizations that can assist in the process of background
checks, record-keeping, and universal access control data.
7. responsibility of the attorney general
Senate bill
Section 102(b): Responsible for screening, including the hiring and
training of screeners.
House amendment
No provision--The Under Secretary is responsible for screening.
Conference substitute
No provision.
8. transition
Senate bill
Section 102(d): Until Deputy Secretary takes office, the functions
are performed by the Assistant Administrator of the FAA.
Section 108: Transition to Attorney General immediate. Actions
completed in 9 months.
House amendment
Section 101: Under Secretary shall assume civil aviation security
responsibilities in 3 months. In the meantime, Under Secretary can take
over airline contracts with screening companies.
No change until Under Secretary is appointed.
Conference substitute
The Conferees direct the Under Secretary to assume responsibility
for civil aviation security within 3 months of the enactment of this
legislation.
9. technology and equipment
Senate bill
Section 102(c): Amends 44932(c) to require FAA to ensure the use of
the best available security equipment, not merely the best available
x-ray equipment.
Section 108: Restates provision in current law requiring manual
process where equipment is now underutilized.
Section 132: By September 30, 2002, FAA shall decide the feasibility
of implementing technologies designed to protect aviation and
automatically detect bombs, drugs, hazardous chemicals, and nuclear
devices.
Section 201(b): FAA shall deploy and use existing bomb detection
equipment. Within 60 days, FAA shall establish goals for--
(1) deploying equipment now in storage;
(2) specifying a percentage of checked bags to be scanned within 6
months, with a goal of scanning 100 percent;
(3) the number of bomb detectors that will be purchased for
deployment at medium sized airports within 6 months. [See item 29.]
House amendment
Section 106: Makes no change in section 44932(c) of title 49, United
States Code, but directs Under Secretary to consider requiring various
technologies described in item 6 above and report to Congress on them 6
months after enactment and annually thereafter until those technologies
are deployed or a decision is made not to deploy them.
Conference substitute
The Conferees want new, state-of-the-art security equipment
installed at airports on an expedited basis, and immediate action taken
to ensure that existing explosive detection equipment is employed to the
greatest extent possible for the screening of checked baggage. It is
expected that additional equipment will be installed in as timely a
manner as possible, and in the interim, other systems will be used to
screen baggage. The Conferees agree that
everything going on board a passenger aircraft should be
screened within 60 days by FAA-approved methods.
10. airworthiness objections by faa
Senate bill
Section 102: Must consult with FAA on all matters affecting safety
and operations.
House amendment
Section 106: Under Secretary cannot take an action if notified by
the FAA that it would adversely affect the airworthiness of the aircraft
unless the Secretary approves the action.
Conference substitute
House provision.
11. role of national transportation safety board (ntsb)
Senate bill
No provision.
House amendment
Section 106: In taking an action that could affect safety, Under
Secretary shall solicit and give great weight to views of NTSB.
Conference substitute
The Conferees instruct that in taking actions that could affect
safety, the timely views of the National Transportation Safety Board
(NTSB) will be taken into consideration by the Under Secretary. The
conferees wished to emphasize that the views of the NTSB should be
provided in a sufficiently and timely manner so those views could be
fully considered by the Under Secretary.
12. Biological and chemical weapons
Senate bill
Section 102(c): FAA shall develop ways to enhance the ability to
detect biological and chemical weapons.
Section 106(c): DOT shall require airports to maximize the use of
equipment to detect these weapons.
House bill
No provision.
Conference substitute
The Conference Report requires airports to maximize the use of
equipment to detect and neutralize biological and chemical weapons, and
instructs the FAA to develop ways to enhance the detection of these
weapons.
13. oversight and coordination
Senate bill
Section 103: Establishes Aviation Security Oversight Council (ASOC),
chaired by DOT Secretary and composed of DOJ, DOD, Treasury, CIA, and
any other agency head DOT and DOJ determine to be appropriate.
House bill
Section 112: Establishes Transportation Security Oversight Board
(TSOB) chaired by DOT Secretary and composed of DOJ, DOD, Treasury, and
either NSC or Homeland Security. TSOB shares intelligence, reviews
emergency rules, and oversees actions of Under Secretary.
Establishes Advisory Council, composed of industry, labor, families,
and others to advise Under Secretary on security matters.
Conference substitute
The Conference Report establishes the Transportation Security
Oversight Board (TSOB) chaired by the Secretary of DOT and composed of
DOJ, DOD, Treasury, CIA, NSC and Homeland Security. The TSOB may review
and ratify or disapprove regulations issued by the Under Secretary;
facilitate the coordination of intelligence, security and law
enforcement activities affecting transportation; and, perform other
duties including making recommendations to the Under Secretary for use
in combating threats to the integrity of the nation's transportation
system.
14. rulemaking
Senate bill
No Rules required by DOJ for its own employees; cockpit requirements
issuable without APA.
House bill
Section 101: Under Secretary can issue security rules immediately
without notice and comment, DOT or OMB review, and without a
cost-benefit analysis but subject to disapproval by the TSOB.
Conference substitute
House provision.
15. inspector general
Senate bill
No provision.
House bill
Section 101: TSA is subject to the Inspector General Act.
Conference substitute
The Conference report instructs that the Transportation Security
Administration (TSA) will be subject to the Inspector General Act.
16. cross checking data bases
Senate bill
Section 103(a): DOT, acting through ASOC, shall try to develop a
common data base with other agencies and share information about people.
Section 211: DOT, as part of the ASCC, shall conduct a 90-day review
of upgrades to the distribution of people on the ``watch list'' of
Federal law enforcement agencies.
Upgrades shall be deployed in 6 months.
A report shall be filed in 18 months.
House bill
Section 106: To the extent that the Under Secretary determines
appropriate, the Under Secretary shall (1) establish procedures
requiring airlines to use information from government agencies to
identify people who may be a threat to civil aviation and (2) require
more thorough background checks that include a review of other agency
data bases.
A report is required in 6 months and annually thereafter.
Conference substitute
The Conferees have instructed the Secretary to work with the TSOB to
develop a data base that will allow the cross checking of the people on
``watch lists'' of various Federal law enforcement agencies to identify
individuals that may pose a risk to security in an effort to identify
potential risks to civil aviation. Passenger lists should be used in
conjunction with this data base to help target those individuals that
pose a threat, and allow appropriate action to be taken.
17. terrorism report
Senate bill
Section 103(b): Require reports on all terrorism. Reports to be
shared with DOT.
House bill
No provision.
Conference substitute
The Conference Report requires the intelligence community to ensure
that reports on terrorism are shared with the DOT.
18. strategic planning
Senate bill
Section 103(c): Require intelligence agencies to establish units for
strategic planning on terrorism.
House bill
No provision.
Conference substitute
The Conference Report requires intelligence agencies to establish
units for strategic planning on terrorism.
19. cockpit security
Senate bill
Section 104: FAA shall issue a rule, without notice and comment,
permitting only authorized persons to have access to the cockpit,
requiring strengthening the door by installing locks and making them
rigid, requiring the door to remain locked during flight except when the
pilot needs to get out, and taking away the flight attendants key.
Special rules shall be issued for aircraft that do not have a door.
House bill
Section 106: To the extent the Under Secretary considers
appropriate, the Under Secretary shall, after consultation with FAA,
implement methods to restrict the opening of the cockpit door during
flight and fortify those doors.
A report is required in 6 months and annually thereafter.
Funds are authorized to help airlines pay for this.
Conference substitute
The Conference Report prohibits access to the flight deck of
passenger aircraft by anyone other than the flight crew. Flight deck
doors must be strengthened and remain locked while aircraft is in
flight. Video cameras may be provided to alert pilots to cabin activity
in the event of a security breech occurring during the flight. These
provisions apply to aircraft required to have a door between the flight
deck and cabin. The Conferees also seek the redesign of cockpits to
ensure the doors are secured at all times during flight. Redesign can
encompass new flight deck materials, double doors to the cockpit as are
used in Israel, and lavatories within the flight deck so that flight
crew do not leave the flight deck. Once bathroom facilities are provided
for the flight crew of passenger aircraft, the cockpit door no longer
will need to be opened during flight.
The Conferees instruct the Under Secretary to take into
consideration the threat to aviation and national security when
developing means to secure the flight deck on commuter aircraft. Any new
burdens should be appropriate for the risk.
20. air marshals
Senate bill
Section 105: Attorney General prescribes guidelines for training and
deployment of sky marshals. DOT administers the program in accordance
with these guidelines:
(1) Marshals may be placed on every flight but must be placed on
every flight that DOT determines to be high risk.
(2) Marshals must be deployed in 30 days.
(3) Marshals must be given a seat even if that means bumping a
passenger.
(4) DOT shall work with ICAO and foreign governments to address
security concerns on foreign airlines.
(5) DOT may use personnel from other agencies, including the
military, as air marshals.
Section 105: Waives age requirements for retired police, military
and out-of-work pilots to work as air marshals, if they meet the
background and fitness qualifications.
Report required in 18 months.
House bill
Section 105: Under Secretary deploys air marshals, provides for
their background checks, trains them, and requires U.S. airlines to
provide seats for them at no cost.
Preference for hiring laid off airline pilots as marshals.
Marshals must be placed on selected flights.
Marshals must be given a seat even if that means bumping a passenger.
DOT shall work with foreign governments to address security concerns
on international flights from the U.S.
Until the Under Secretary has all the air marshals needed, personnel
from other agencies may be used, with the other agency's concurrence, as
air marshals on a non-reimbursable basis.
Airlines must provide seats, on a space-available basis, to off-duty
marshals flying home.
Conference substitute
The Conference Report requires that appropriately trained,
supervised and equipped Federal Air Marshals (FAMs) may be deployed on
every scheduled passenger flight, and must be placed on every ``high
risk'' flight, which may include nonstop longhaul flights, or any other
flight deemed appropriate, even if the flight is fully booked. For
applicants who otherwise meet the background and fitness requirements,
age restrictions may be waived to allow
retired law enforcement officers, retired members of the armed
forces, and members of commercial airline crews (cockpit and cabin) who
have been furloughed from their positions after 9 11 01. Personnel from
other agencies may be deployed, with the agency's concurrence, as FAMs
until an adequate number of FAMs are in place. Additionally, agreements
may be entered into allowing trained law enforcement personnel from
other agencies to travel with firearms in order to assist FAMs.
The Conferees instruct the Under Secretary to follow air carrier
passenger reservations and cancellation practices to the extent
practicable. The Under Secretary should work cooperatively with air
carriers to develop guidelines concerning reservations and cancellation
for the transportation of Federal Air Marshals.
21. screening
Senate bill
Section 108: Attorney General, in consultation with DOT, shall
provide for screening of all passengers, property, mail, and cargo that
will be carried aboard an aircraft.
Federal employees shall do screening.
Airport and airline employees shall be screened in the same way,
except alternative methods may be used for security personnel.
Attorney General shall use screening technology approved by FAA.
Law enforcement personnel shall be deployed at each screening location.
At the 100 largest airports, additional police may be ordered.
Section 105(f): Report from DOT and DOJ required within 120 days on
effectiveness of security screening.
Section 106: DOJ and DOT may permit operational flexibility to
tailor screening needs for seasonal variations, aircraft types, and
special needs of small airports.
Section 108: Attorney General may require non-hub or smaller
airports to use State or local law enforcement if the screening will be
equivalent to that at larger airports, the training meets Federal
standards, the airport is reimbursed by funds made available by this
Act, and the airport is consulted.
House bill
Section 102: Federal government is responsible for screening
passengers and property on passenger aircraft that originate in the U.S.
Silent on whether screeners are to be Federal employees or private
contractors. Under Secretary shall deputize screeners to enforce Federal
laws, but not to arrest people. Screeners must have common uniforms.
Must be supervised by uniformed Federal employees.
Section 107: Under Secretary should consider certificating screeners
and use TIP or similar technologies to measure their performance and
revoke their certification if their performance is inadequate.
Section 104: Airport required to deploy law enforcement or military
personnel at each screening location. Law enforcement can be either
Federal or local.
Conference substitute
The Conference Report requires the Federal government to hire, train
and deploy Federal screeners, Federal managers, Federal security
personnel and Federal law enforcement within 1 year. The participants in
this Federal security workforce will not be able to strike or engage in
work stoppages, and can be fired at the discretion of the Secretary if
they are not able to adequately perform their duties.
The Conferees recognize that, in order to ensure that Federal
screeners are able to provide the best security possible, the Secretary
must be given wide latitude to determine the terms of employment of
screeners. The Conference Committee expects that, in fixing the terms
and conditions of employment the Secretary shall establish benefits and
conditions of employment. The Conference Committee also recognizes that,
in order to hire and retain screeners, the Secretary should also ensure
that screeners have access to Federal health, life insurance, and
retirement benefits, as well as workers' compensation benefits. The
Committee believes that screening personnel must also be given
whistleblower protections so that screeners may report security
conditions without fear of reprisal.
The Conference Report requires the DOT to assume existing screening
company contracts as soon as possible, but no later than 90 days after
enactment of this legislation. The contracts for existing screeners can
be extended for up to 6 months, and the DOT would have the option to
extend contracts for no longer than 3 months, if necessary, to continue
screening. DOT may also authorize additional Federal law enforcement,
National Guard, and other personnel immediately to address the aviation
security needs of the country.
The Conferees direct the Secretary to provide a report after one
year from the date of enactment certifying deployment of the Federal
screeners. Two years after certification airports can opt out of the
Federalization of the screener level of the Federal workforce if the
Secretary determines that these facilities would continue to provide an
equal or higher level of security. Companies will be barred from
providing screening if they violate federal standards, are found to
allow repeated failures of the system, or prove to be a security risk.
The DOT will also establish a Pilot Program for 5 airports, one from
each category type, to apply for the use of private contract screeners.
Within 1 year after the date of enactment of the Act, the conferees
expect the Transportation Security Administration to submit a report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
on the screening requirements applicable to passengers boarding, and
property being carried aboard, aircraft with 60 seats or less used in
scheduled passenger service with recommendations for any necessary
changes in those requirements.
22. citizenship of security firms
Senate bill
No provision.
House bill
Section 104: Must be owned or controlled by a citizen of the U.S. to
the extent the President determines that there are such firms.
Section 123(e): Similar sense of Congress.
Conference substitute
The Conference Report directs that U.S. companies should be used to
provide screening if they are available.
23. training of pilots and flight attendants
Senate bill
Section 105(f): Report from DOT and DOJ required within 6 months on
crew training.
Section 107: DOT shall develop a mandatory airline training program
for crews dealing with a hijacking. Training shall be developed in
coordination with law enforcement experts.
House bill
Section 106: Under Secretary should consider updating training for
dealing with hijacking that includes ways for dealing with suicidal
hijackers. Report six months and annually thereafter.
Conference substitute
The Conferees have determined that detailed guidance shall be
developed for a mandatory air carrier training program to assist flight
crews and attendants in hijack situations. The training curriculum will
be developed in consultation with Federal law enforcement agencies with
expertise in dealing with these types of threat conditions.
24. how flight attendants notify pilots of a hijacking
Senate bill
Section 107: FAA shall revise procedures by which flight attendants
notify pilots and implement new measures as soon as practicable.
House bill
Section 106: The Under Secretary should consider requiring the
installation of switches in the cabin so that the flight attendants can
discreetly notify the pilots.
Conference substitute
The Conference Report directs the Under Secretary to consider the
installation of a switch or other devices to be located in the cabin for
flight attendants to notify pilots in the event of a hijacking without
the knowledge of passengers.
25. provision of personnel from other agencies
Senate bill
Section 105: Amends section 106(m) to allow other agencies to
provide personnel to FAA.
House bill
Section 102(d): Same provision, worded differently.
Conference substitute
The Conferees call upon other agencies to provide personnel that has
received the proper training for use by the FAA as Federal air marshals
(FAMs) in an effort to support and supplement the FAM workforce in its
early stages.
26. airport perimeter access security
Senate bill
Section 106: DOT may order deployment of law enforcement personnel
as needed to bolster airport security by entering into an agreement with
another agency to deploy Federal law enforcement at airports.
Section 106(b): FAA shall provide technical support and financial
assistance to small airports to help defray security costs.
House bill
No provision.
Conference substitute
The Conferees have given the Secretary the ability to work with the
airports to address potential threats at individual facilities by
ordering the deployment of Federal law enforcement authorities to
improve airport perimeter and access security in an effort to counter
potential criminal activities. Such actions also can include providing
increased security at air traffic control facilities. Additionally, the
FAA Administrator will develop a plan to provide technical support to
enable small- and medium-sized airports to enhance their security
operations, and shall include using network digital video surveillance
systems.
27. individuals with access to secure areas of the airport
Senate bill
See item 21
Section 106(a): DOT, in consultation with ASOC, shall consider
whether such individuals should be screened.
Section 106(d): Amend 44903(g)(2) to delete 1/31/01 deadline and
beef up language on access control requirements.
Consider deployment of biometric technologies.
Establish pilot programs at 20 airports to test new technologies.
DOT shall require airlines and airports to develop security
awareness programs for employees.
Section 211: Within 6 months, DOT shall recommend to airports
commercially available ways to prevent access to secure areas. As part
of this, DOT shall review effectiveness of biometric and other systems,
focus on eliminating piggy-backing, and include a 12-month deployment
strategy for currently available technology at Category X airports. Not
later than 18 months, DOT shall conduct a review of reductions in
unauthorized access.
House bill
Section 106: The Under Secretary shall consider imposing standards
for the screening or inspection of vehicles that have access to secure
areas and provide for the use of technology to verify the identity of
those vehicles entering a secure area. Report after 6 months and
annually thereafter.
Conference substitute
The Conference Report instructs that all individuals, goods,
property, vehicles, and other equipment seeking access to secure areas
must be screened and inspected before entry. The Conference Committee
instructs that prescribed requirements should provide at least the same
level of protection as the screening of passengers and baggage. The
Conferees, however, recognize that these requirements may make
allowances for tools and equipment necessary to perform duties in secure
areas. The Secretary will examine the physical configuration of
individual airports, and consider the
views of the TSOB to consider implementing standards to
protect the integrity of secure areas.
28. ban on parking of vehicles within 300 feet of terminal
Senate bill
Section 106(b): FAA, in consultation with local law enforcement,
shall reexamine the need for 300 feet restriction.
House bill
Section 121: Removes this parking ban if the airport, in
consultation with local law enforcement, certifies to DOT, after doing a
threat assessment, that safeguards are in place to protect public
safety.
Conference substitute
The Conferees have determined that all airports must consult with
local law enforcement and inform DOT that proper safeguards are in place
to ensure that parked vehicles are not a security risk. Each airport
must submit views regarding its assessment of the needs of their
facility.
29. checked baggage
Senate bill
See item 9.
Section 201(b)(1): Requirement for all baggage to be screened within
9 months.
FAA must establish within 60 days confidential goals for scanning a
specific percentage of checked bags within 6 months and annual goals
thereafter eventually scanning 100%.
Section 201(c)--page 85FAA shall require airlines to upgrade the bag
match system. Shall establish goals within 60 days to accomplish this
including interim measures to match a higher percentage of bags until
bomb detectors are used to scan 100% of bags.
Confidential report to Congress in 1 year.
House bill
See item 9.
Section 106: All checked baggage must be screened by December 31,
2003. All existing explosive detection equipment must be used to the
maximum extent possible.
Additional explosive detection equipment must be installed as soon
as possible.
In the interim, airlines must implement a bag match program.
A system must be in place as soon as possible to screen cargo
transported in passenger aircraft.
Section 123(d): Sense of Congress that all checked baggage should be
screened by any available means.
Conference substitute
The Conferees feel strongly that all baggage to be placed on
passenger flights must be screened. Existing technology, including EDS,
should be used and upgraded in an effort to ensure that all checked
baggage goes through such a system. Any baggage that does not go through
EDS will be required to go through some form of manual or other
comparable screening system. An alternate system of screening cargo
should also be established, and periodic reports issued to provide an
understanding of the progress made on these efforts.
30. computer assisted passenger profiling system (capps)
Senate bill
Section 201(d): FAA shall make all passengers subject to CAPPS even
if they don't check bags so that their carry-ons and person will be
subject to additional security measures. Report within 3 months.
Section 211: DOT, as part of the ASCC, shall conduct a 90-day review
of upgrades to CAPPS and to the distribution of people on the ``watch
list'' of Federal law enforcement agencies. Upgrades shall be deployed
in 6 months. A report shall be filed in 18 months.
House bill
Section 106(9): The Under Secretary should consider providing the
enhanced use of CAPPS to more effectively screen passengers and carry-on
baggage. Report in 6 months and annually thereafter.
Conference substitute
The Conference Report instructs that an enhanced and upgraded use of
the Computer Assisted Passenger Pre-Screening System (CAPPS) must be
considered to more effectively screen passengers and baggage. The
Conferees also recognize that adjustments may need to be made to reflect
circumstances in some areas of the U.S., including States with unique
transportation needs.
31. deputizing for enforcement of federal security laws
Senate bill
Section 108(b): Requires Attorney General to deputize State and
local law enforcement to regulate screening at non-hubs.
House bill
Private contractor employees deputized.
Conference substitute
No provision.
32. hiring and training of screeners
Senate bill
Section 109: DOJ, in consultation with DOT, shall establish a
program for the hiring and training of screeners. Hiring qualifications
shall be set in 30 days. Includes list of qualifications screeners must
meet such as education and language requirements. Training plans must be
developed within 60 days. Requires 40 hours of classroom training and 60
hours of on the job training. Current lists of dual use items (seemingly
harmless items that could be used as a weapon) shall be part of the
training. Section 104--page 16.
House bill
Under Secretary may set minimum pay for screeners. Preference shall
be given to veterans in the hiring of screeners and laid off airline
workers. Final rule for certification of screening companies changed
from May 31, 2001 to 6 months after date of enactment. In the meantime,
within 30 days of enactment, the standards in the proposed rule, such as
education and language requirements, shall be in effect. All screeners
must be in approved uniforms.
Conference substitute
A blend of the House and Senate provisions.
33. citizenship of screeners
Senate bill
Section 109: Must have been a national of the U.S. for at least 5
years.
House bill
Section 104(a): Must be U.S. citizens.
Conference substitute
The Conference Report requires that all airport screeners must be
citizens of the U.S.
34. status of screeners
Senate bill
Section 109(d): Notwithstanding any law, the Attorney General may
hire, fire, and pay screeners as he determines necessary.
House bill
Section 102: Federal supervisor can order the dismissal of any
screener.
Conference substitute
The Conference Report provides the Under Secretary the authority to
employ, terminate and fix the conditions of employment for the Federal
screening workforce.
35. strikes by screeners
Senate bill
Section 109(e): Strikes prohibited pursuant to Title 5.
House bill
Section 102: Strikes prohibited.
Conference substitute
The Conference Report directs that the airport screening workforce
will be prohibited from striking. The Conferees have provided the
Transportation Security Administration authority to utilize existing
authority provided to the FAA to develop personnel and acquisition
systems. The authority gives the Administration flexibility to design
its own policies and procedures and not use the FAA's system, while
retaining the legal requirements under sections 40110 and 40112.
36. background checks
Senate bill
Section 109(f): Requires background checks for current screeners and
others with access to the airport.
Section 201(a): Requires background checks for current screeners and
others to be completed in 9 months unless the person has had such a
check in the past 5 years. Alternative checks shall be developed for
those who have lived in the U.S. for less than 5 years.
House bill
Section 107: Allows smaller airports to use the same expedited
procedures for criminal history background checks as the larger airports
now use. (Under the 2000 Security Act these expedited procedures do not
go into effect at smaller airports until 2003.)
Requires background check (including review of government data
bases) for all current screeners and those with access to secure areas
except for those who have already had such a check or those who are
exempted by FAA rules from such checks.
Conference substitute
A blend of the House and Senate provisions.
The Conferees encourage the Under Secretary to provide channeling
authority to professional organizations representing industry to FBI
AFIS fingerprint databases to perform criminal history verification of
aviation business employees.
37. research and development
Senate bill
Section 110: Amends section 44912 to require periodic reviews of
threats to civil aviation and the potential for the release of
biological and chemical weapons. A person shall be designated to be
responsible for security research. The person shall file an annual
report on research activities. A scientific advisory panel shall be
established. DOT shall coordinate research with DOJ.
Section 221: Authorizes $50 million per year to research various
security technologies.
House bill
Section 101: Transfers security research from FAA to the TSA. The
TSA can use FAA research facilities.
Conference substitute
A modified version of the Senate provision.
38. flight schools
Senate bill
Section 111: Regarding jet-propelled aircraft, a person shall not
give flight instruction, including instruction in simulator, to an alien
(or other person specified by DOT) unless DOJ issues that person a
certificate of completion of the background check of the alien. Requests
for the background check shall be made jointly by the alien and the
flight school. Investigation must be completed in 30 days. Investigation
includes fingerprint check, immigration check, and a determination of
whether alien is a national security risk. Expedited procedures shall be
developed for an alien seeking recurrent training. Penalties for
violations shall be developed by DOT rulemaking. Flight schools shall
report aliens that they train.
Section 111(c): DOT and State shall work with ICAO to improve
screening of student pilots.
House bill
Section 106(13): The Under Secretary should consider requiring
background checks on individuals seeking flying lessons (including
simulator lessons) on aircraft weighing more than 12,500 pounds. Report
in 6 months and annually thereafter until the Under Secretary implements
the checks or decides not to require them.
Conference substitute
The Conferees have determined that flight school training for
aircraft with a minimum certificated weight of 12,500 pounds or more
should not be allowed for any alien within the United States unless they
have passed a sufficient background check. Such individuals seeking to
attend flight school may begin pilot training after 45 days or upon
being certified as having passed a background investigation regarding
their criminal history and immigration status. A
security awareness program will be developed to assist
employees that work at flight schools by helping to increase their
awareness of a potential threat.
39. penalties
Senate bill
Section 114: Imposes criminal penalties for interfering with
security personnel at a commercial service airport.
House bill
Section 116(c): Transfers the relevant civil penalty authorities
from the FAA to the TSA.
Conference substitute
The Conference Report requires that an individual who disrupts the
duties of security screening personnel within a commercial service
airport shall be fined and/or imprisoned for up to 10 years. The use of
a dangerous weapon to interfere with security screening may result in up
to life imprisonment.
40. intrastate air service
Senate bill
Section 116: DOT may grant antitrust exemptions to ensure continued
viability of air service in that State.
House bill
No provision.
Conference substitute
The Conference Report instructs that DOT may grant anti-trust
immunity to ensure continued viability of air service within a state. If
the Secretary approves any such request, a report must be given to the
relevant Senate and House Committees within six months of the approval
describing what actions have been taken by the carriers receiving the
exemption.
41. airline computer reservation systems
Senate bill
Section 117: DOT shall require all airlines to use the best
technology to ensure that their systems are secure from unauthorized
access. DOT shall submit an annual report on compliance.
House bill
No provision.
Conference substitute
Under the direction of the Conference Report airlines are required
to take action that will prevent unauthorized access to computer
reservation systems and the information they contain on passengers.
Technology should be utilized to the greatest extent possible to ensure
the integrity of these systems.
42. fees
Senate bill
Section 118(a): Within 180 days, airlines remit a $2.50 fee per
enplanement.
House bill
Section 108: Under Secretary shall impose a fee of not more than
$2.50 per one-way trip. The amount of the fee shall be reasonably
related to the costs of providing the screening service. In addition, a
fee can be imposed directly on the airlines but it cannot be more than
the airlines paid for screening services in 2000. Fees shall be credited
as off-setting collections. Passengers using airports where screening
services are not provided may be exempted from the fee.
Conference substitute
The Conference substitute requires a fee to be charged to cover the
cost of providing the aviation security services. The fee will be based
on the number of times a passenger boards a plane during the course of
travel, but will be capped at $5.00 per one-way trip. Any additional
funds needed will be authorized to be appropriated or may come from a
fee imposed directly on the airlines.
The Secretary may waive or modify the security fee to take into
account the isolation of certain communities. In determining whether to
waive or modify this fee, the Secretary shall consider the costs of
transportation security and the benefits of transportation security that
is bestowed on those communities. The Conference substitute amends
section 45301(b) of title 49, United States Code, with respect to
limitations on overflight fees to (1) to make the language consistent
with the new security fee language of this Act, and (2) to clarify
Congressional intent with respect to the FAA costs upon which the fees
can be based. Specifically, the conference substitute replaces the word
``directly'' with ``reasonably'', since the word ``directly'' has been a
source of much confusion and narrow interpretation, and has been a
primary cause of recurring litigation which has frustrated and delayed
the FAA's imposition of the overflight fees for a number of years.
Additionally, this amendment specifies that the FAA's costs upon which
the fees are based are to be determined solely by the Administrator.
This is to clarify that the Administrator has full authority to
determine costs by appropriate means. This amendment is not intended to
require revision of the fees recently promulgated by the FAA (66 FR
43680, Aug. 20, 2001) but rather, to clarify longstanding Congressional
intent that the FAA expeditiously and continuously collect the fees
authorized under section 45301(a) of title 49.
43. authorization
Senate bill
Section 118(b): Authorizes such sums for the next 3 years as may be
necessary to carry out the security functions.
House bill
Section 109: Authorizes such sums as may be necessary to the TSA for
operating costs and for screening services not covered by the above fee.
Authorizes $500 million for grants to airlines to fortify cockpit
doors, install video monitors to view the passenger cabin, ensure
continuous operation of transponder, and use of other technologies.
Conference substitute
The Conference Report authorizes the necessary spending for the cost
of providing aviation security.
44. airport funding
Senate bill
Section 119(a): Allows AIP and PFC funds to be used to pay security
costs in FY 2002 for any cost incurred after 9/11 regardless of when it
was incurred. Waives the local matching share. In deciding whether to
make a discretionary AIP grant for security costs, the availability and
use of non-Federal funding by the airport shall be considered.
Section 120: Authorizes such sums in 2002 to compensate airports for
security costs. Costs must be documented and subject to an IG audit. DOT
shall publish procedures for filing claims in 30 days.
Section 119(c): PFC requests for security funding should be expedited.
Section 119(b): For the purpose of determining AIP entitlements in
FY 2003, enplanements in 2000 or 2001, whichever is higher, shall be
used.
Section 201(b): Modifying terminal and baggage systems in order to
install bomb detection equipment is made AIP eligible. Section 113:
Allows AIP and PFC funds to be used to pay for added law enforcement
costs in at a non-hub or small hub airport regardless of when the cost
was incurred.
Waives the local matching share.
In FY 2002, allows AIP and PFC money to be used to pay debt service
if that would prevent an airport, or privately owned terminal, from
defaulting on its bond.
House bill
Section 109: Authorizes a total of $1.5 billion in 2002 and 2003 to
reimburse airports for direct costs they incurred to meet new security
requirements. Such sums to remain available until expended. Before
getting the money, the airport must agree to meet with its
concessionaires to discuss rent adjustments and provide an itemized list
of costs incurred.
Conference substitute
A blend of the House and Senate provisions.
45. competition plans
Senate bill
No provision.
House bill
Section 113(a): Waives an airport's obligation to submit a
competition plan in FY 2002 when it is seeking money to improve
security.
Conference substitute
The Conference Report waives the obligation of an airport to submit
a competition plan in FY '02 when seeking money to improve security.
46. reporting suspicious activities
Senate bill
Section 121: Exempts airline employees from liability for
disclosing, in good faith, suspicious activity. DOJ shall establish
procedures to notify the FAA of people who may pose a risk of hijacking.
Report shall be submitted in 120 days on the implementation of this
notification.
House bill
No provision.
Conference substitute
The Conference Report encourages and exempts airline employees from
liability for disclosing suspicious activities in response to a
``reasonably believed'' threat.
47. arming pilots
Senate bill
Section 122: National Institute of Justice shall assess non-lethal
weapons for use by pilots and report to DOT in 90 days. After receiving
report, DOT may authorize pilots to carry such weapons. DOT shall
establish training and procedural requirements for using these weapons.
Section 125: Authorizes FAA to permit a pilot with proper training
to carry a gun in the cockpit. FAA shall establish a training program.
Report shall be submitted every 6 months on the effectiveness of this
provision.
House bill
Section 106: DOT cannot take any action to prevent a pilot from
taking a gun into the cockpit if the policy of the airline allows it and
the pilot has completed a training program acceptable to the Under
Secretary.
Conference substitute
A pilot is authorized to carry an approved firearm into the cockpit
if approved by the Under Secretary and the air carrier, and the pilot
has received proper training.
48. isolated communities
Senate bill
Section 123: During an emergency, DOT, after consulting with the
ASCC, may grant waivers on flight restrictions to allow flights carrying
freight, mail, patients, and medical supplies to areas with
extraordinary transportation needs given isolation of the area and if
the waiver is in the public interest.
House bill
Section 120: Similar provision but worded differently.
Conference substitute
The Conference Report instructs that during an emergency DOT may
grant waivers on flight restrictions to areas with extraordinary
transportation needs.
49. supplies on board aircraft
Senate bill
Section 124: DOT shall ensure the safety of food and other supplies
on aircraft by sealing packages, screening personnel and vehicles, etc.
House bill
See item 27.
Conference substitute
The Conferees have determined that DOT should establish procedures
to ensure the safety and security of on-board supplies for intrastate
passenger aircraft. The Secretary will establish procedures that may
increase security for the point of origin of the
supplier, provide for sealed supplies, and the screening of
the supplies as they enter the airport.
50. airman registry
Senate bill
Section 126: Directs FAA to modify the registry to make it more
effective in combating terrorism. FAA should work with State and locals
to assist in identifying those applying for or holding airmen
certificates.
House bill
No provision.
Conference substitute
The Conferees direct that the FAA must take steps to make the airman
registry more effective to combat terrorism by working with the
appropriate authorities to assist in properly identifying persons
applying for or in possession of airmen certificates.
51. passenger manifests
Senate bill
No provision.
House bill
Section 111: Within 60 days, U.S. and foreign airlines on
international flights to the U.S. must provide to the Under Secretary
(or another agency) by electronic transmission a passenger and crew
manifest with specified information.
Conference substitute
The Conference Report requires air carriers to use the Air Passenger
Information System (APIS) to provide a crew and passenger manifest and
related information to Customs for each flight.
52. results-based management
Senate bill
Section 127: Within 60 days, DOT shall establish acceptable
performance levels for aviation security and provide Congress with an
action plan clarifying the responsibilities of the government agencies
involved. Each year, a performance plan shall be made available. Any
contracts to implement this Act shall try to maximize the use of
performance based service contracts.
House bill
Section 106(7): Consider establishing performance goals for
screeners. Report after 6 months and annually thereafter until this is
implemented or rejected.
Conference substitute
Modified Senate provision.
53. employment register
Senate bill
Section 128(a): DOT shall establish and maintain an employment
register.
House bill
No provision.
Conference substitute
No provision.
54. training facilities
Senate bill
Section 128(b): DOT may use FAA training facilities to train
security screeners.
House bill
No provision.
Conference substitute
The Conference Report directs the Secretary to use existing Federal
training facilities, where possible, to address the training needs of
security screening personnel.
55. airspace restrictions
Senate bill
Section 129: President shall submit a report within 30 days
describing any airspace restrictions that remain in place and the
justification for those restrictions.
House bill
Section 119: The restrictions on Class B airspace shall cease to be
in effect 10 days after enactment unless a notice is published prior to
the 10th day reimposing and explaining the reasons for those
restrictions.
Conference substitute
The Conferees instruct the Secretary to lift restrictions on Class B
airspace under specified requirements.
56. volunteers
Senate bill
Section 130: DOT shall carry out a program to permit police,
firefighters, and paramedics to provide emergency services during
flight. Exempts from liability those who help in an emergency. This does
not authorize the possession of firearms.
House bill
No provision but exemption from liability seems to be covered by
existing law, section 5(b) of Aviation Medical Assistance Act.
Conference substitute
The Conferees instruct the Secretary to implement a program that
will allow qualified law enforcement, firefighters and emergency service
technicians to assist in the event of an emergency during commercial air
flights. This program will establish the credentials of volunteers,
maintain their confidentiality and exempt them from liability.
57. limitation on liability
Senate bill
No provision.
House bill
Section 110: Limits liability of passenger or crew who hurts a
person they, in good faith, believe was hijacking or about to hijack the
plane.
Conference substitute
The Conference Report exempts passengers and crew from liability if
an individual ``reasonably believed'' that a hijacking was occurring.
58. general aviation security
Senate bill
Section 131: FAA shall begin a security program for aircraft over
12,500 pounds within 90 days. Waivers from this requirement can be
granted. A security program for smaller aircraft shall begin in 1 year.
A report shall be filed in 18 months.
Aircraft may not be sold or leased to an alien unless a background
check has been done or until the security programs described above are
implemented.
House bill
No provision.
Conference substitute
The Conference report directs the Secretary to provide Congress a
report on improving general aviation security in the United States
within 3 months of enactment of the legislation.
The Conferees note that a number of issues on aviation security
research merit the prompt attention of the Department of Transportation.
In particular, the Conferees observe that research into providing better
security with minimal disruption in the system in the area of general
aviation is important.
The Conferees note that the FAA has recently designated a consortium
of schools as a general aviation center of excellence and anticipates
that the FAA would draw upon the expertise of these institutions in
formulating a security program for general aviation.
The Conferees also note that NASA, in coordination with the DOT, is
investigating technology that would facilitate remote screening of small
aircraft prior to takeoff.
Such a general aviation remote screening system (GARSS) could be
installed on a vehicle or mobile platform, or in a fixed facility
alongside a taxiway, and would provide a pre-takeoff alert if suspicious
objects or materials were detected aboard an aircraft.
The Conferees urge that the development and implementation of GARSS
be pursued.
59. funding for general aviation airports
Senate bill
No provision.
House bill
Section 113(b): In FY 2002, allows non-primary airports within Class
B airspace to seek AIP money for any purpose, including operational
costs.
Conference substitute
Modified House position.
60. conforming amendment to irs code
Senate bill
No provision.
House bill
Section 113(e): Amends Code to cross-reference this Security Act so
that the money authorized by this Act out of the Trust Fund can be
spent.
Conference substitute
The Conference Report amends the IRS code to cross-reference this
legislation to provide for the authorization of spending from the Trust
Fund.
61. technical corrections
Senate bill
No provision.
House bill
Section 114: Makes technical corrections to the Air Transportation
Safety and System Stabilization Act.
Conference substitute
The Conference Report makes technical corrections to the Air
Transportation Safety and System Stabilization Act.
62. alcohol and drug testing
Senate bill
No provision.
House bill
Section 115: Amends existing law to account for the transfer of
functions from the FAA to the TSA.
Conference substitute
The Conference Report amends existing law to transfer alcohol and
drug testing functions from the FAA to the TSA.
63. conforming amendments
Senate bill
No provision.
House bill
Section 116: Amends existing law to account for the transfer of
functions from the FAA to the TSA.
Conference substitute
The Conference Report amends existing law to account for the
transfer of functions from the FAA to the TSA.
64. savings provision
Senate bill
No provision.
House bill
Section 117: Ensures a smooth transfer from the FAA to the TSA.
Conference substitute
The Conference Report.
House provision.
65. budget submissions
Senate bill
No provision.
House bill
Section 118: Requires the President's budget submissions starting in
2003 to list the TSA budget separately.
Conference substitute
The Conference Report.
House provision.
66. air ambulances
Senate bill
No provision.
House bill
Section 114: Amends the Airline Stabilization Act to modify the
method for distributing compensation to air ambulances.
Conference substitute
The Conference Report amends the Airline Stabilization Act to allow
for a modified system of providing compensation to air tour operators
and air ambulances to better address their needs after industry wide
losses. It is the Conferees' position that the Stabilization Act's
section 103 compensation formula language, ``revenue ton miles or any
other auditable measure'' should be broadly construed and should not
restrict compensation exclusively to revenue ton miles reported on
previously filed DOT Form 41s. If Air, Crew, Maintenance, Insurance
lessors can provide accurate and auditable records of their
revenue-ton-miles during the relevant time period, then they should be
eligible for compensation based under the Stabilization Act.
67. passengers who bought tickets on bankrupt airlines
Senate bill
No provision.
House bill
Section 123: Other airlines must honor these tickets to the extent
practicable.
Conference substitute
The Conferees direct the air carriers, to the extent practicable, to
honor the tickets of passengers purchased by airlines that file for
bankruptcy, if the purchaser requests the use of his or her ticket
within 60 days of the suspended or canceled flight, for the first 18
months after enactment of this legislation.
68. flight service station employees
Senate bill
No provision.
House bill
Section 123(a): Sense of Congress that FAA should continue
negotiating in good faith with these employees.
Conference substitute
The Conference Report offers the Sense of Congress that FAA should
continue negotiating in good faith with flight service station
employees.
69. war risk insurance
Senate bill
No provision.
House bill
Section 123(b): Sense of Congress that vendors agents and
subcontractors of general aviation aircraft should get war risk
insurance.
Conference substitute
The Conference Report offers the Sense of Congress on the
availability of war risk insurance to vendors, agents, and
subcontractors of air carriers for all their domestic operations.
70. animals
Senate bill
No provision.
House bill
Section 123(c): Sense of Congress that airlines that transport mail
should carry animals that the Postal Service allows to be mailed.
Conference substitute
The Conference Report offers the Sense of the House that airlines
that transport mail should carry animals that the U.S. Postal Service
permits to be sent in the mail.
71. Carry-on Baggage
Senate bill
Report on carry-on baggage.
House bill
No provision.
Conference substitute
The Conference Report offers the Sense of the Congress that the FAA
should continue its current restrictions on carry-on baggage of 1 bag
plus 1 personal item. A backpack should be considered a personal item.
72. USPS Mail Policy in Alaska
Senate bill
No provision.
House bill
No provision.
Conference substitute
The Conferees encourage the Congress to pass legislation quickly to
restructure the United States Postal Service's process of tendering
non-priority bypass mail with the State of Alaska. Restructuring this
program to direct more carriers to convert to 121 passenger operators
will improve the safety of air transportation in Alaska and enhance the
security of passengers.
73. victims compensation
Senate bill
No provision.
House bill
Title II.
Conference substitute
The Conference substitute extends the liability limitations of the
Air Transportation Stabilization Act to aircraft manufacturers, State
port authorities, owners and operators of airports, and persons with
property interests in the World Trade Center.
These provisions limit liability under the Act to the maximum level
of their insurance coverage.
Any person with a property interest in the World Trade Center, as a
condition to receiving liability protection under the Act, is required
to satisfy all contractual obligations to rebuild or assist in the
rebuilding of the World Trade Center.
The Conference substitute also limits the liability for all claims
arising from the terrorist-related attacks of September 11, 2001,
brought against the City of New York to the greater of the City's
insurance coverage or $350,000,000.
This limitation on damages against the City of New York, however,
does not apply to any non-government or private entity that is
contracted with the City.
The Conference substitute also excludes entities primarily engaged
in the business of airport security from its limitation on liability.
Don Young,
Thomas Petri,
John J. Duncan, Jr.,
John L. Mica,
Vernon J. Ehlers,
James L. Oberstar,
William O. Lipinski,
Peter DeFazio,
Managers on the Part of the House.
Ernest F. Hollings,
Daniel K. Inouye,
John D. Rockefeller IV,
John F. Kerry,
John Breaux,
Byron L. Dorgan,
Ron Wyden,
John McCain,
Trent Lott,
Kay Bailey Hutchison,
Olympia Snowe,
Managers on the Part of the Senate.
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Source: U.S. Government Website |