S 1444 IS

107th CONGRESS

1st Session

S. 1444

To establish a Federal air marshals program under the Attorney General.

IN THE SENATE OF THE UNITED STATES

September 21, 2001

Mr. MCCONNELL introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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A BILL

To establish a Federal air marshals program under the Attorney General.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Air Marshals and Safe Sky Act of 2001'.

SEC. 2. PROGRAM ESTABLISHED.

(a) IN GENERAL- Chapter 37 of title 28, United States Code, is amended by adding at the end the following:

`570. Federal air marshals program

`(a) DEFINITIONS- In this section:

`(1) AIRCRAFT- The term `aircraft' has the meaning given that term in section 40102 of title 49.

`(2) AIR TRANSPORTATION- The term `air transportation' has the meaning given that term in section 40102 of title 49.

`(3) PROGRAM- The term `program' means the program established under subsection (c).

`(4) UNITS OF LOCAL GOVERNMENT- The term `units of local government' includes an airport authority.

`(b) RESPONSIBILITY FOR AIRPORT AND AIRCRAFT SAFETY- This section shall govern the security at airports and on board commercial aircraft.

`(c) FEDERAL AIR MARSHALS PROGRAM-

`(1) GOAL- The goal of the program is to provide maximum security at airports and on board commercial aircraft by having the Federal Government be responsible for all phases of security for air passengers.

`(2) ESTABLISHMENT OF FEDERAL AIR MARSHALS PROGRAM-

`(A) ESTABLISHMENT- The Attorney General shall establish a Federal Air Marshals program consisting of Federal Air Marshals, including the Federal Air Marshals participating in the Federal Air Marshals Program being administered by the Federal Aviation Administration before the effective date of this section, and Deputy Federal Air Marshals in order to provide maximum security at airports and on board commercial aircraft.

`(B) FEDERAL AIR MARSHALS- Federal Air Marshals shall serve for the purpose of enforcing Federal laws that regulate security at airports and on board commercial aircraft, including laws relating to acts of terrorism , hijacking, or aircraft piracy and laws relating to violent, abusive, or disruptive behavior by passengers in air transportation.

`(C) DEPUTY FEDERAL AIR MARSHALS-

`(i) IN GENERAL- The Attorney General shall deputize individuals described in clause (ii) as Deputy Federal Air Marshals for the purpose of augmenting and assisting Federal Air Marshals.

`(ii) PERSONNEL- The Attorney General shall utilize retired military personnel, retired Federal, State, and local law enforcement personnel, and active-duty Federal, State, and local law enforcement personnel from other government departments and agencies as Deputy Federal Air Marshals.

`(iii) COMPENSATION- The Attorney General may employ personnel described in clause (ii)--

`(I) as volunteers;

`(II) by paying a reasonable per diem;

`(III) by employing a fee-for-service or contract arrangement; or

`(IV) using any other method authorized by law.

`(3) CONSULTATION- In establishing the program, the Attorney General shall consult with appropriate officials of--

`(A) the United States Government (including the Administrator of the Federal Aviation Administration or his designated representative); and

`(B) State and local governments in any geographic area in which the program may operate.

`(4) CERTIFICATION, TRAINING AND EXAMINATION OF AIR MARSHALS; PRIOR APPROVAL OF EMPLOYER TO SERVE AS DEPUTY AIR MARSHAL-

`(A) IN GENERAL- Under the program, the Attorney General shall provide appropriate training and supervision of all air marshals, as well as appropriate background and fitness examination of eligible candidates as part of their certification.

`(B) EMPLOYER APPROVAL- Active Federal, State, or local law enforcement officers who serve as Deputy Federal Air Marshals shall receive approval to participate in the program from their employer.

`(d) POWERS AND STATUS OF FEDERAL AIR MARSHALS AND DEPUTY AIR MARSHALS-

`(1) IN GENERAL- Subject to paragraph (2), Federal Air Marshals and Deputy Federal Air Marshals may arrest and apprehend an individual suspected of violating any Federal law relating to security at airports or on board aircraft, including any individual who violates a provision subject to a civil penalty under section 46301, 46302, 46303, 46314, 46318, 46502, 46504, 46505, or 46507 of title 49, or who commits an act described in section 46506 of title 49, or who violates a provision subject to a criminal penalty under sections 32 and 37 of title 18.

`(2) LIMITATION- The powers granted to a Deputy Federal Air Marshal shall be limited to enforcing Federal laws relating to security at airports or on board aircraft.

`(e) STATUTORY CONSTRUCTION- Nothing in this section may be construed to--

`(1) grant any Federal Air Marshal or Deputy Federal Air Marshal the power to enforce any Federal law that is not described in subsection (d); or

`(2) limit the authority that a Federal, State, or local law enforcement officer may otherwise exercise in the officer's capacity under any other applicable law.

`(f) REGULATIONS- The Attorney General shall promulgate such regulations as may be necessary to carry out this section.

`(g) COST SHARING- The costs of the program shall be paid by--

`(1) the airlines in an amount not less than the amount (as adjusted for inflation after the effective date of this section) the airlines were paying for airport security on the date before the effective date of this section;

`(2) State and units of local government in an amount not less than the amount (as adjusted for inflation after the effective date of this section) the States and units of local government were paying for airport security on the date before the effective date of this section; and

`(3) the Federal Government.

`(h) AUTHORIZATION OF APPROPRIATIONS-

`(1) IN GENERAL- Subject to paragraph (2), there are authorized to be appropriated to carry out this section such sums as may be necessary.

`(2) LIMITATION- The Federal share of carrying out this section shall be limited to the cost of the program after payments by airlines and States and units of local government pursuant to subsection (g).'.

SEC. 3. REPEAL.

Section 44903 of title 49, United States Code, is repealed.

SEC. 4. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act.