[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3110 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3110
To improve aviation security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 12, 2001
Mr. Oberstar (for himself, Mr. Gephardt, Mr. Lipinski, Mr. DeFazio, Mr.
Borski, Mr. Rahall, Mr. Boswell, Mr. Holden, Mr. Clement, Mr. Costello,
Mr. Nadler, Ms. Brown of Florida, Mr. Barcia, Ms. Eddie Bernice Johnson
of Texas, Ms. Norton, Mrs. Tauscher, Mr. Matheson, Mr. Honda, Mr.
Mascara, Mr. Baldacci, Mr. Cummings, Mr. Pascrell, Mr. McGovern, Mr.
Lampson, Mr. Baird, Mr. Carson of Oklahoma, Mr. Sandlin, Mr.
Blumenauer, Ms. Berkley, Ms. Millender-McDonald, Mr. Larsen of
Washington, Mr. Filner, Mr. Menendez, Mr. Berry, Mr. Holt, Mrs. Capps,
and Mr. Lantos) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To improve aviation security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Transportation
Security Enhancement Act of 2001''.
(b) Amendments to Title 49, United States Code.--Except as
otherwise specifically provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision of law, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.
SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION.
(a) In General.--Chapter 1 is amended by adding at the end the
following:
``Sec. 114. Transportation Security Administration
``(a) In General.--The Transportation Security Administration shall
be an administration of the Department of Transportation.
``(b) Under Secretary.--
``(1) Appointment.--The head of the Administration shall be
the Under Secretary of Transportation for Security. The Under
Secretary shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) Qualifications.--The Under Secretary must--
``(A) be a citizen of the United States; and
``(B) have experience in a field directly related
to transportation or security.
``(3) Term.--The term of office of an individual appointed
as the Under Secretary shall be 5 years.
``(c) Limitation on Pecuniary Interests.--The Under Secretary may
not have a pecuniary interest in, or 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, and section 40119, relating
to civil aviation security; and
``(2) security responsibilities over nonaviation modes of
transportation that are exercised by Administrations of the
Department of Transportation (other than the Federal Aviation
Administration).
``(e) Additional Duties and Powers.--In addition to carrying out
the functions specified in subsection (d), 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 mail and cargo;
``(11) oversee the implementation, and ensure the adequacy,
of security measures at airports;
``(12) oversee the implementation, and ensure the adequacy,
of background checks for airport security screening personnel,
individuals with unescorted access to secure areas of airports,
and other transportation security personnel;
``(13) develop standards for the hiring, training, and
retention of airport security screening personnel; and
``(14) 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.
``(f) 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 employees of
the Administration and to acquire maintain and operate
equipment for these facilities;
``(D) 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 and the heads of other
Administrations in the Department of Transportation, to
utilize the research and development facilities of
those Administrations, including the facilities of the
Federal Aviation Administration located in Atlantic
City, New Jersey.
``(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by the
Government of the United States.
``(g) 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 this section, by law to the Under
Secretary.
``(h) 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) Factors to consider.--In determining whether to
issue, rescind, or a revise a regulation under this section,
the Under Secretary shall consider, as one factor in the final
determination, whether the costs of the regulation are
excessive in relation to the enhancement of security the
regulation will provide. In making such determination, the
Under Secretary shall not undertake a cost benefit analysis
that places a monetary value on human life or attempts to
estimate the number of lives that will be saved by the
regulation.
``(3) Limitation.--The Under Secretary shall not decide
against issuing a regulation under this section because the
regulation fails to satisfy a quantitative cost-benefit test.
``(4) 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.
``(B) Review by transportation security oversight
board.--Any regulation or security directive issued
under this paragraph shall remain effective unless
disapproved by the Transportation Security Oversight
Board established under section 44951 or rescinded by
the Under Secretary.
``(i) Personnel and Services; Cooperation by 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.
``(j) 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 and materials by the Transportation Security Administration,
except that 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 and materials as
the Under Secretary considers appropriate.''.
(b) Conforming Amendment.--The analysis for chapter 1 is amended by
adding at the end the following:
``114. Transportation Security Administration.''.
(c) Position of Under Secretary in Executive Schedule.--Section
5313 of title 5, United States Code, is amended by adding at the end
the following:
``The Under Secretary of Transportation for Security''.
(d) References to FAA in Chapter 449.--Chapter 449 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''.
SEC. 3. REVIEW AND RECOMMENDATION.
(a) Commencement of Review.--Not later than 6 months after the date
of enactment of this Act, the President shall commence a review of
whether security would be enhanced by transfer of the Transportation
Security Administration to another Department or Office in the United
States Government.
(b) Report.--Not later than 1 year after the date of enactment, the
President shall report to Congress on the conclusions reached in the
review and on recommendations for any legislation needed to carry out a
recommended change.
SEC. 4. IMPROVED PASSENGER SCREENING PROCESS.
Section 44901 of title 49, United States Code, is amended to read
as follows:
``Sec. 44901. Screening passengers and property
``(a) In General.--The Under Secretary of Transportation for
Security shall be responsible for the screening of all passengers and
property that will be carried in an aircraft in air transportation or
intrastate air transportation and for issuing implementing regulations.
The screening must take place before boarding of such passengers and
loading of property and be carried out by security screening personnel
using equipment and processes approved for that purpose by the Under
Secretary.
``(b) Federal Security Screening Personnel.--Except as provided in
subsection (c), the Under Secretary shall carry out the screening
function under subsection (a) using--
``(1) employees of the Transportation Security
Administration who are citizens of the United States; or
``(2) employees of another department, agency, or
instrumentality of the United States Government who are
citizens of the United States, with the consent of the head of
the department, agency, or instrumentality.
``(c) Transition Period.--
``(1) In general.--As soon as practicable, but not later
than the last day of the 1-year period beginning on the date of
enactment of the Transportation Security Enhancement Act of
2001, the Under Secretary shall carry out the screening
function under subsection (a) using solely Federal security
screening personnel described in subsection (b). In such 1-year
period, screening functions may be performed by personnel other
than Federal security screening personnel (including personnel
provided by a contractor under an agreement with the Under
Secretary). During such 1-year period, the Under Secretary
shall begin to assign Federal security screening personnel to
airports as soon as practicable.
``(2) Responsibilities of air carriers.--In the 1-year
period referred to in paragraph (1), until otherwise directed
by the Under Secretary, an air carrier, intrastate air carrier,
or foreign air carrier shall continue to carry out the
screening of passengers and their property in accordance with
the requirements of this section (including regulations issued
to carry out this section), as in effect on the day before the
date of enactment of the Transportation Security Enhancement
Act of 2001. During the period in which carriers continue to be
responsible for such screening, the Under Secretary shall use
Federal security screening personnel to supplement the
screening personnel provided by the carriers and oversee the
screening process as necessary to ensure the safety and
security of operations.
``(3) Assignment of contracts.--Upon request of the Under
Secretary, an air carrier, intrastate air carrier, or foreign
air carrier carrying out a screening function described in
subsection (a) may enter into an agreement with the Under
Secretary to transfer any contract the carrier has entered into
with respect to carrying out such function. In entering into
any such agreement, the Under Secretary shall include such
terms and conditions as are necessary to ensure that the Under
Secretary has the authority to oversee performance of the
contractor, to supervise personnel carrying out screening at an
airport, and to require the replacement of unsatisfactory
personnel.''.
SEC. 5. SPECIAL PERSONNEL SYSTEM FOR SCREENERS.
(a) Development.--The Under Secretary of Transportation for
Security shall develop a personnel system for screeners employed by the
Transportation Security Administration governing such matters as their
compensation and benefits and the authority of the Administration to
suspend or terminate such employees.
(b) Guiding Principles.--In developing the personnel system, the
Under Secretary--
(1) shall not be required to follow laws and regulations
governing Federal civil service employees or other Federal
employees; and
(2) shall be guided by the following principles:
(A) the need to establish levels of compensation
which will attract employees with competence and
expertise comparable to other Federal inspectors and law enforcement
personnel;
(B) the need for the Administration to have
suspension and termination authority which will ensure
that security will not be compromised and that the
screener work force will be composed of employees with
a high level of competence and dedication to their
responsibilities; and
(C) the need for employees to be protected against
arbitrary or unsubstantiated decisions which result in
the permanent loss of their jobs; except that the Under
Secretary shall ensure that the procedures developed to
protect employees are consistent with the need to
maintain security at all times and, in establishing the
procedures, shall consider the procedures established
in private sector firms for employees with important
safety and security responsibilities.
SEC. 6. SECURITY PROGRAMS.
Section 44903(c) is amended--
(1) in the first sentence of paragraph (1) by inserting
after ``at each of those airports'' the following: ``,
including at each location at those airports where passengers
are screened,'';
(2) in paragraph (2)(C)(i) by striking ``shall issue an
amendment to air carrier security programs to require'' and
inserting ``shall require''; and
(3) by adding at the end the following:
``(3) Annual review and approval.--On an annual basis, the
Administrator shall review, and approve or disapprove, the
security program of an airport operator.''.
SEC. 7. EMPLOYMENT STANDARDS AND TRAINING.
(a) Employment Standards.--Section 44935(a) is amended--
(1) in the first sentence by inserting ``, personnel
(including Federal employees) who screen passengers and
property,'' after ``air carrier personnel'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(4) by adding at the end the following:
``(6) citizenship requirements, including requirements
consistent with section 44901(b), when appropriate; and
``(7) minimum compensation levels, when appropriate.''.
(b) Employment Standards for Screeners.--Section 44935 is amended
by adding at the end the following:
``(g) Training for All Screeners, Supervisors, and Instructors.--
``(1) In general.--The Under Secretary shall require any
individual who screens passengers and property pursuant to
section 44901, and the supervisors and instructors of such
individuals, to have satisfactorily completed all initial,
recurrent, and appropriate specialized training necessary to
ensure compliance with the requirements of this section.
``(2) On-the-job portion of screener's training.--
Notwithstanding paragraph (1), the Under Secretary may permit
an individual, during the on-the-job portion of training, to
perform security functions if the individual is closely
supervised and does not make independent judgments as to
whether persons or property may enter secure areas or aircraft
or whether cargo or mail may be loaded aboard aircraft without
further inspection.
``(3) Effect of screener's failure of operation test.--The
Under Secretary may not allow an individual to perform a
screening function after the individual has failed an
operational test related to that function until the individual
has successfully completed remedial training.''.
(c) Minimum Employment Standards for Screening Personnel.--
Beginning on the 30th day following the date of enactment of this Act,
subject to subsection (d), the following requirements, at a minimum,
shall apply to an individual (including a Federal employee) who screens
passengers or property, or both (in this subsection referred to as a
``screener'').
(1) Education.--A screener shall have a high school
diploma, a general equivalency diploma, or a combination of
education and experience that the Under Secretary has
determined to have equipped the individual to perform the
duties of the screening position.
(2) Basic aptitudes and physical abilities.--A screener
shall have basic aptitudes and physical abilities (including
color perception, visual and aural acuity, physical
coordination, and motor skills) and shall have--
(A) the ability to identify the components that may
constitute an explosive or an incendiary device;
(B) the ability to identify objects that appear to
match those items described in all current regulations,
security directives, and emergency amendments;
(C) for screeners operating X-ray and explosives
detection system equipment, the ability to distinguish
on the equipment monitors the appropriate images;
(D) for screeners operating any screening
equipment, the ability to distinguish each color
displayed on every type of screening equipment and
explain what each color signifies;
(E) the ability to hear and respond to the spoken
voice and to audible alarms generated by screening
equipment in an active checkpoint or other screening
environment;
(F) for screeners performing manual searches or
other related operations, the ability to efficiently
and thoroughly manipulate and handle such baggage,
containers, cargo, and other objects subject to
security processing;
(G) for screeners performing manual searches of
cargo, the ability to use tools that allow for opening
and closing boxes, crates, or other common cargo
packaging;
(H) for screeners performing screening of cargo,
the ability to stop the transfer of suspect cargo onto
passenger air carriers; and
(I) for screeners performing pat-down or hand-held
metal detector searches of persons, sufficient
dexterity and capability to thoroughly conduct those
procedures over a person's entire body.
(3) Command of english language.--A screener shall be able
to read, speak, write, and understand the English language well
enough to--
(A) carry out written and oral instructions
regarding the proper performance of screening duties;
(B) read English language identification media,
credentials, airline tickets, documents, air waybills,
invoices, and labels on items normally encountered in
the screening process;
(C) provide direction to and understand and answer
questions from English-speaking persons undergoing
screening or submitting cargo for screening; and
(D) write incident reports and statements and log
entries into security records in the English language.
(d) More Stringent Employment Standards.--The Under Secretary of
Transportation for Security has the authority to impose at any time
more stringent requirements to individuals referred to in subsection
(c) than those minimum requirements in subsection (c).
SEC. 8. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) In General.--Subchapter I of chapter 449 is amended by adding
at the end the following:
``Sec. 44917. Deployment of Federal air marshals
``(a) In General.--The Under Secretary of Transportation for
Security under the authority provided by section 44903(d) shall--
``(1) provide for appropriate deployment of Federal air
marshals on passenger flights of air carriers in air
transportation or intrastate air transportation;
``(2) provide for appropriate background and fitness checks
for candidates for appointment as Federal air marshals;
``(3) provide for appropriate training, supervision, and
equipment of Federal air marshals;
``(4) 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;
``(5) establish procedures to ensure that Federal air
marshals are made aware of any armed or unarmed law enforcement
personnel on a flight;
``(6) establish a program to permit Federal, State, and
local law enforcement officers to be trained to participate in
the Federal air marshals program of the Administration as
volunteers when such officers are otherwise traveling in an
aircraft operated by an air carrier; and
``(7) in establishing the qualifications for positions as
Federal air marshals, establish a maximum age for initial
employment which is high enough to allow qualified retiring law
enforcement officials to fill such positions.
``(b) Flights in Foreign Air Transportation.--The Under Secretary
shall work with appropriate aeronautic authorities of foreign
governments under section 44907 to address security concerns on
passenger flights in foreign air transportation.
``(c) Interim Measures.--Until the Under Secretary completes
implementation of subsection (a), the Under Secretary may use, after
consultation with the heads of other Federal agencies and departments,
personnel from those agencies and departments, on a reimbursable or
nonreimbursable basis, to provide air marshal service.''.
(b) Conforming Amendment.--The analysis for chapter 449 is amended
by adding after the item relating to section 44916 the following:
``44917. Deployment of Federal air marshals.''.
SEC. 9. ENHANCED SECURITY MEASURES.
(a) In General.--Subchapter I of chapter 449 is further amended by
adding at the end the following:
``Sec. 44918. Enhanced security measures
``(a) In General.--The Under Secretary of Transportation shall take
the following actions to enhance aviation security:
``(1) After consultation with the Administrator of the
Federal Aviation Administration, develop and implement methods
to--
``(A) restrict the opening of a cockpit door during
a flight;
``(B) modify cockpit doors to deny access from the
cabin to the cockpit;
``(C) use video monitors or other devices to alert
pilots in the cockpit to activity in the cabin; and
``(D) ensure continuous operation of an aircraft
transponder in the event of an emergency.
``(2) Provide for the installation of technology in an
aircraft cabin to enable flight crews to discreetly notify the
pilots in the case of a security breach occurring in the cabin.
``(3) Enhance security for secured areas of airports,
including--
``(A) requiring screening of all persons, vehicles,
and other equipment before entry into a secured area;
``(B) requiring catering companies and other
companies whose employees have access to a secured area
to develop security programs;
``(C) requiring that all persons, including persons
who are accompanied by persons holding an
identification card, seeking access to a secured areas
be issued identification cards, following background
checks, criminal history record checks, and checks of
Federal security databases;
``(D) revalidating approvals of all persons
previously authorized to entered a secured area,
including full background and criminal history record
checks and checks of Federal security databases;
``(E) maximizing use of enhanced technology, such
as biometrics, to positively verify the identity of
persons entering a secured area; and
``(F) improving procedures to ensure that
identification cards which are revoked cannot be
utilized.
``(4) Develop alternative sources of explosive detection
equipment for screening baggage, mail, and cargo and maximize
the use of such equipment by ensuring that equipment already
installed at an airport is used to its full capacity and by
developing and implementing a program to purchase additional
equipment so that, not later than 3 years after the date of
enactment of this section, all baggage, mail, and cargo will be
inspected by such equipment.
``(5) Establish a uniform system of identification for all
State and local law enforcement personnel to use in obtaining
permission to carry weapons in aircraft cabins and in obtaining
access to a secured area of an airport.
``(6) Work with intelligence and law enforcement agencies
to develop procedures to ensure that air carrier and airport
systems have necessary law enforcement and national security
intelligence data, to enhance the effectiveness of their
security programs.
``(7) Ensure that the Computer Assisted Passenger Pre-
Screening System of the Transportation Security Administration
includes necessary intelligence information, is used to
evaluate all passengers before they board an aircraft, and
includes procedures to ensure that selectees of such system and
their carry-on and checked baggage are adequately screened.
``(8) Restrict carry-on baggage to one piece of carry-on
baggage, plus one personal item, per passenger (including
children under the age of 2); except exempt any child safety
seat to be used during a flight to restrain a child passenger
under 40 pounds or 40 inches and any assistive device for a
disabled passenger.
``(9) After consultation with the Administrator of the
Federal Aviation Administration, develop procedures and
authorize equipment for flight crews and cabin crews to use to
defend an aircraft against acts of violence or piracy.
``(10) Develop realistic crew training programs as follows:
``(A) No later than 30 days after the date of
enactment of this paragraph and in consultation with
the Federal Aviation Administration, appropriate law
enforcement, security, and terrorism experts, and air
carrier, pilot, and flight attendant representatives,
develop a realistic crew training program to prepare
crew members for current threat conditions.
``(B) Require air carriers to train all crew
members not later than 60 days after such date of
enactment.
``(C) Required crew training shall include, but not
be limited to--
``(i) determination of the seriousness of
any occurrence;
``(ii) crew communication and coordination;
``(iii) self-defense;
``(iv) use of Transportation Security
Administration approved protection devices
assigned to crewmembers, including appropriate
certifications for use of such devices; and
``(v) psychology of terrorism to cope with
hijacker behavior and passenger reaction.
``(D) Develop a plan for updating the training
program and retraining crew members as each new
security threat becomes known.
``(11) Require training of gate, ticket, and curbside
agents to respond appropriately when the system referred to in
paragraph (7) identifies a passenger as a threat to security.
``(12) Establish a toll-free telephone number for air
carrier and airport employees and their customers to use to
report instances of inadequate security.
``(13) Require effective 911 emergency call capabilities
for telephones serving passenger aircraft and trains.
``(14) In consultation with the Federal Aviation
Administration, require that all pilot licenses incorporate a
photograph of the license holder and appropriate biometric
imprints.
``(15) Provide for background checks, criminal history
record checks, and checks against Federal security data bases
of individuals seeking instruction in flying aircraft that
weigh more than 12,500 pounds.
``(16) Require training of employees of a flight school to
recognize suspicious circumstances and activities for
individuals enrolling in or attending flight school and to
notify the Administration.
``(b) Report.--Not later than 6 months after the date of enactment
of this section, and annually thereafter, the Under Secretary shall
transmit to Congress a report on the progress of the Under Secretary in
evaluating and taking actions under subsection (a), including any
legislative recommendations that the Under Secretary may have for
enhancing transportation security.''.
(b) Conforming Amendment.--The analysis for chapter 449 is amended
by inserting after the item relating to section 44917 the following:
``44918. Enhanced security measures.''.
(c) Repeal of Existing Reporting Requirement.--
(1) In general.--Section 44938 is amended--
(A) in the section heading by striking ``Reports''
and inserting ``Report''; and
(B) by striking ``(a) Transportation Security.--''
and all that follows through ``(b) Screening and
Foreign Air Carrier and Airport Security.--The
Administrator'' and inserting ``The Under Secretary of
Transportation for Security''.
(2) Chapter analysis.--The analysis for chapter 449 is
amended by striking the item relating section 44938 and
inserting the following:
``44938. Report.''.
SEC. 10. CRIMINAL HISTORY RECORD CHECK FOR SCREENERS AND OTHERS.
Section 44936(a) is amended--
(1) in paragraph (1)(E)(iv)(II) by striking the period at
the end and inserting ``; except that at such an airport, the
airport operator, air carriers, and screening companies may
elect to implement the requirements of this subparagraph in
advance of the effective date if the Under Secretary approves
of such early implementation and if the airport operator, air
carriers, and screening companies amend their security programs
to conform those programs to the requirements of this
subparagraph.''; and
(2) in paragraph (2) by striking ``or airport operator''
and inserting ``airport operator, or screening company''.
SEC. 11. PASSENGER AND BAGGAGE SCREENING FEE.
(a) In General.--Subchapter II of chapter 449 is amended by adding
at the end the following:
``Sec. 44939. Passenger and baggage screening fee
``(a) General Authority.--
``(1) Passenger fees.--The Under Secretary of
Transportation for Security shall impose a fee on passengers in
air transportation and intrastate air transportation to pay for
the costs of the screening of passengers and property pursuant
to section 44901(d). Such costs include salaries and expenses,
training, and equipment acquisition, operation, and
maintenance.
``(2) Air carrier fees.--
``(A) Authority.--In addition to the fee imposed
pursuant to paragraph (1), the Under Secretary may
impose a fee on air carriers to pay for the costs of
providing security for air carriers and their
passengers and crews.
``(B) Limitation.--The amounts of fees collected
under this paragraph may not exceed, in the aggregate,
the amounts paid in calendar year 2000 by air carriers
for security described in paragraph (1), adjusted for
inflation.
``(b) Schedule of Fees.--In imposing fees under subsection (a), the
Under Secretary shall ensure that the fees are directly 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 on a 1-way trip in air transportation or intrastate
air transportation.
``(d) Imposition of Fee.--
``(1) In general.--Notwithstanding 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) Subsequent rulemaking.--After imposing a fee in
accordance with paragraph (1), the Under Secretary shall
conduct a rulemaking proceeding on imposition and collection of
the fee in accordance with the requirements of section 553 of
title 5 and shall issue a final rule to continue or modify
imposition or collection of the fee, or both.
``(e) Fees Payable to Under Secretary.--All fees imposed and
amounts collected under this section are payable to the Under Secretary
of Transportation for Security.
``(f) Receipts Credited to Account.--Notwithstanding section 3302
of title 31, any fee collected under this section--
``(1) shall be credited to a separate account established
in the Treasury;
``(2) shall be available immediately for expenditure but
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.''.
(b) Conforming Amendment.--The analysis for chapter 449 is amended
by adding after the item relating to section 44938 the following:
``44939. Passenger and baggage screening fee.''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.
(a) In General.--Subchapter II of chapter 449 is further amended by
adding at the end the following:
``Sec. 44940. Authorization of appropriations for operations
``(a) Operations of Transportation Security Administration.--There
are authorized to be appropriated such sums as may be necessary for the
operations of the Transportation Security Administration, including the
functions of the Administration under section 44901(d) if the fees
imposed under section 44939 are insufficient to cover the costs of such
functions.
``(b) Aircraft Security.--There is authorized to be appropriated
$500,000,000 to the Secretary of Transportation to make grants to air
carriers to (1) modify cockpit doors to deny access from the cabin to
the pilots in the cockpit, (2) use video monitors or other devices to
alert the cockpit crew to activity in the passenger cabin, and (3)
ensure continuous operation of the aircraft transponder in the event
the crew faces an emergency. Such sums shall remain available until
expended.
``(c) Airport Security.--There is authorized to be appropriated
$500,000,000 for fiscal year 2002 to the Secretary to reimburse airport
operators for direct costs that such operators incurred to comply with
new, additional, or revised security requirements imposed on airport
operators by the Federal Aviation Administration on or after September
11, 2001. Such sums shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for chapter 449 is amended
by adding after the item relating to section 44939 the following:
``44940. Authorization of appropriations for operations.''.
(c) Security Facility Fees.--Section 40117 is amended by adding at
the end the following:
``(l) Increased Security.--
``(1) In general.--The Secretary may authorize an eligible
agency to impose an additional security facility fee of up to
$1 on each paying passenger of an air carrier or foreign air
carrier boarding an aircraft at an airport the agency controls,
to reimburse the agency for direct costs the agency incurs to
comply with new, additional, or revised security requirements
imposed on airport operators by the Federal Aviation
Administration on and after September 11, 2001.
``(2) Procedures.--Notwithstanding any provisions of this
section, the Secretary shall develop special procedures for
approval of any application under this subsection which will
promptly authorize a fee under this subsection if there is a
reasonable basis for concluding that an agency is likely to
incur increased costs for security requirements which justify
the fee.''.
SEC. 13. TRANSPORTATION SECURITY OVERSIGHT BOARD.
(a) In General.--Chapter 449 is amended by adding at the end the
following:
``SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD
``Sec. 44951. Transportation Security Oversight Board
``(a) In General.--There is established a board to be known as a
`Transportation Security Oversight Board'.
``(b) Membership.--
``(1) Number and appointment.--The Board shall be composed
of 5 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 the Treasury (or the
Secretary's designee).
``(D) The Secretary of Defense (or the Secretary's
designee).
``(E) One member appointed by the President to
represent the National Security Council or 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 any regulation or security directive issued by
the Under Secretary of Transportation for security under
section 114(h)(4) within 30 days after the date of issuance of
such regulation or directive;
``(2) share intelligence information with the Under
Secretary;
``(3) review--
``(A) plans for transportation security;
``(B) standards established for performance of
airport security screening personnel;
``(C) compensation being paid to airport security
screening personnel;
``(D) procurement of security equipment;
``(E) selection, performance, and compensation of
senior executives in the Transportation Security
Administration; and
``(F) budget requests of the Under Secretary; and
``(4) make recommendations to the Under Secretary regarding
matters reviewed under paragraph (3).
``(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 when
classified security information will be discussed.
``Sec. 44952. Advisory council
``(a) Establishment.--The Under Secretary of Transportation for
Security shall establish an advisory council to be known as the
`Transportation Security Advisory Council'.
``(b) Membership.--The Council shall be composed of members
appointed by the Under Secretary to represent all modes of
transportation, transportation labor, organizations representing
families of victims of transportation disasters, and other entities
affected or involved in the transportation security process.
``(c) Duties.--The Council shall provide advice and counsel to the
Under Secretary on issues which affect or are affected by the
operations of the Transportation Security Administration. The Council
shall function as a resource for management, policy, spending, and
regulatory matters under the jurisdiction of the Transportation
Security Administration.
``(d) Administrative Matters.--
``(1) Meetings.--The Council shall meet on a regular and
periodic basis or at the call of the Chairperson or the Under
Secretary.
``(2) Access to documents and staff.--The Under Secretary
may give the Council appropriate access to relevant documents
and personnel of the Administration, and the Under Secretary
shall make available, consistent with the authority to withhold
commercial and other proprietary information under section 552 of title
5 (commonly known as the `Freedom of Information Act'), cost data
associated with the acquisition and operation of security screening
equipment. Any member of the Council who receives commercial or other
proprietary data from the Under Secretary shall be subject to the
provisions of section 1905 of title 18, pertaining to unauthorized
disclosure of such information.
``(3) Chairperson and vice chairperson.--The Council shall
elect a Chairperson and a Vice Chairperson from among the
members, each of whom shall serve for a term of 2 years. The
Vice Chairperson shall perform the duties of the Chairperson in
the absence of the Chairperson.
``(4) Travel and per diem.--Each member of the Council
shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his or her usual place of
residence, in accordance with section 5703 of title 5.
``(5) Detail of personnel from the administration.--The
Under Secretary shall make available to the Council such staff,
information, and administrative services and assistance as may
reasonably be required to enable the Council to carry out its
responsibilities under this section.
``(e) Federal Advisory Committee Act Not To Apply.--The Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the
Council.''.
(b) Conforming Amendment.--The analysis for chapter 449 is amended
by adding at the end the following:
``SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD
``44951. Transportation Security Oversight Board.
``44952. Advisory council.''.
SEC. 14. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--As provided by the Inspector General Act (5 U.S.C.
App.) and other applicable statutes, the Inspector General of the
Department of Transportation (in addition such other authority as the
Inspector General may have) shall have authority to conduct the
following:
(1) Audits of the Transportation Security Administration's
programs, operations, and activities.
(2) Criminal investigations of alleged violations of
Federal laws or Department of Transportation regulations
pertaining to aviation and other modes of transportation
security.
(3) Investigations into waste, fraud, abuse, and any other
allegations involving wrongdoing within the Administration.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and periodically thereafter, the Inspector General shall
report to Congress on the implementation, efficiency, and effectiveness
of the Administration's programs, operations, and activities. The
report shall focus on the Administration's main programs and contain
recommendations, as necessary, for further legislation.
SEC. 15. TECHNICAL CORRECTION.
Section 106(a) of the Air Transportation Safety and System
Stabilization Act (P.L. 107-42) is amended by striking ``February 1,
2001'' and inserting ``February 1, 2002''.
SEC. 16. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.
Chapter 451 is amended--
(1) by striking ``contract personnel'' each place it
appears and inserting ``personnel'';
(2) by striking ``contract employee'' each place it appears
and inserting ``employee'';
(3) in section 45106(c) by striking ``contract employees''
and inserting ``employees'';
(4) by inserting after section 45106 the following:
``Sec. 45107. Transportation security administration
``(a) Transfer of Functions Relating to Testing Programs With
Respect to Airport Security Screening Personnel.--The authority of the
Administrator of the Federal Aviation Administration under this chapter
with respect to programs relating to testing of airport security
screening personnel are transferred to the Under Secretary of
Transportation for Security. Notwithstanding section 45102(a), the
regulations prescribed under section 45102(a) shall require testing of
such personnel by their employers instead of by air carriers and
foreign air carriers.
``(b) Applicability of Chapter With Respect to Employees of
Administration.--The provisions of this chapter that apply with respect
to employees of the Federal Aviation Administration whose duties
include responsibility for safety-sensitive functions shall apply with
respect to employees of the Transportation Security Administration
whose duties include responsibility for security-sensitive functions.
The Under Secretary of Transportation for Security, the Transportation
Security Administration, and employees of the Transportation Security
Administration whose duties include responsibility for security-
sensitive functions shall be subject to and comply with such provisions
in the same manner and to the same extent as the Administrator of the
Federal Aviation Administration, the Federal Aviation Administration,
and employees of the Federal Aviation Administration whose duties
include responsibility for safety-sensitive functions, respectively.'';
and
(5) in the analysis for such chapter by inserting after the
item relating to section 45106 the following:
``45107. Transportation Security Administration''.
SEC. 17. CONFORMING AMENDMENTS TO SUBTITLE VII.
(a) 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)''.
(b) Investigations and Procedures.--Chapter 461 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 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 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 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''; and
(6) 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''.
<all>