[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>