[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3150 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3150
To improve aviation security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 17, 2001
Mr. Young of Alaska (for himself, Mr. Mica, Mr. Petri, Mr. Coble, Mr.
Duncan, Mr. Gilchrest, Mr. Horn, Mr. Ehlers, Mr. Bachus, Mr.
LaTourette, Mr. Baker, Mr. Ney, Mr. Cooksey, Mr. Thune, Mr. LoBiondo,
Mr. Moran of Kansas, Mr. Pombo, Mr. DeMint, Mr. Isakson, Mr. Hayes, Mr.
Simmons, Mr. Brown of South Carolina, Mr. Johnson of Illinois, Mr.
Otter, Mr. Culberson, Mr. Shuster, Mr. Rogers of Michigan, Mr.
Bereuter, Mr. Rehberg, and Mr. Capito) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on the Budget, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure
Transportation for America 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.
(c) Table of Contents.--
Sec. 1. Short title; amendments to title 49, United States Code; table
of contents.
Sec. 2. Transportation Security Administration.
Sec. 3. Screening of passengers and property.
Sec. 4. Security programs.
Sec. 5. Employment standards and training.
Sec. 6. Deployment of Federal air marshals.
Sec. 7. Enhanced security measures.
Sec. 8. Criminal history record check for screeners and others.
Sec. 9. Passenger and baggage screening fee.
Sec. 10. Authorizations of appropriations.
Sec. 11. Limitation on liability for acts to thwart criminal violence
or aircraft piracy.
Sec. 12. Passenger manifests.
Sec. 13. Transportation security oversight board.
Sec. 14. Airport improvement programs.
Sec. 15. Technical correction.
Sec. 16. Alcohol and controlled substance testing.
Sec. 17. Conforming amendments to subtitle VII.
Sec. 18. Savings provision.
Sec. 19. Budget submissions.
Sec. 20. Aircraft operations in enhanced class B airspace.
Sec. 21. Waivers for certain isolated communities.
Sec. 22. Assessments of threats to airports.
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.--
``(1) In general.--The Under Secretary shall be responsible
for security in all modes of transportation, including--
``(A) carrying out chapter 449 relating to civil
aviation security; and
``(B) security responsibilities over nonaviation
modes of transportation that are exercised by
Administrations of the Department of Transportation
(other than the Federal Aviation Administration).
``(2) Schedule for assumption of civil aviation security
functions.--Not later than 3 months after the date of enactment
of this section, the Under Secretary shall assume civil
aviation security functions and responsibilities under chapter
449 in accordance with a schedule to be developed by the
Secretary of Transportation, in consultation with air carriers,
foreign air carriers, and the Administrator of the Federal
Aviation Administration. The Under Secretary shall publish an
appropriate notice of the transfer of such security functions
and responsibilities before assuming the functions and
responsibilities.
``(3) Assignment of contracts.--Upon request of the Under
Secretary, an air carrier or foreign air carrier carrying out a
screening or security function under chapter 449 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, before the Under Secretary assumes responsibility of
such function.
``(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) supervise all airport security and screening services
using Federal uniformed personnel;
``(7) 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;
``(8) enforce security-related regulations and
requirements;
``(9) identify and undertake research and development
activities necessary to enhance transportation security;
``(10) inspect, maintain, and test security facilities,
equipment, and systems;
``(11) ensure the adequacy of security measures for the
transportation of cargo;
``(12) oversee the implementation, and ensure the adequacy,
of security measures at airports and other transportation
facilities;
``(13) perform background checks for airport security
screening personnel, individuals with unescorted access to
secure areas of airports, and other transportation security
personnel;
``(14) develop standards for the hiring and retention of
security screening personnel;
``(15) train and test security screening personnel; and
``(16) 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 its employees
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, to utilize the
research and development 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) Emergency procedures.--
``(A) In general.--Notwithstanding any other
provision of law or executive order (including an
executive order requiring a cost-benefit analysis) if
the Under Secretary determines that a regulation or
security directive must be issued immediately in order
to protect transportation security, the Under Secretary
shall issue the regulation or security directive
without providing notice or an opportunity for comment
and without prior approval of the Secretary.
``(B) Review by transportation security oversight
board.--Any regulation or security directive issued
under this paragraph shall be subject to disapproval by
the Transportation Security Oversight Board established
under section 44951. Any regulation or security
directive issued under this paragraph shall remain
effective until disapproved by the Board or rescinded
by the Under Secretary.
``(i) Personnel and Services; Cooperation by Under Secretary.--
``(1) Authority of under secretary.--In carrying out the
functions of the Administration, the Under Secretary shall have
the same authority as is provided to the Administrator of the
Federal Aviation Administration under subsections (l) and (m)
of section 106.
``(2) Authority of agency heads.--The head of a Federal
agency shall have the same authority to provide services,
supplies, equipment, personnel, and facilities to the Under
Secretary as the head has to provide services, supplies,
equipment, personnel, and facilities to the Administrator of
the Federal Aviation Administration under section 106(m).
``(j) Personnel Management System.--The personnel management system
established by the Administrator of the Federal Aviation Administration
under section 40122 shall apply to employees of the Transportation
Security Administration, except that subject to the requirements of
such section, the Under Secretary may make such modifications to the
personnel management system with respect to such employees as the Under
Secretary considers appropriate.
``(k) 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.
``(l) Authority of Inspector General.--The Transportation Security
Administration shall be subject to the Inspector General Act of 1978 (5
U.S.C. App.) and other laws relating to the authority of the Inspector
General of the Department of Transportation.''.
(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) Personnel of Other Agencies.--The last sentence of section
106(m) is amended by inserting ``personnel and'' before ``supplies and
equipment''.
(e) Security and Research and Development Activities.--Section
40119 is amended--
(1) in subsection (a) by striking ``Administrator of the
Federal Aviation Administration'' and inserting ``Under
Secretary of Transportation for Security''; and
(2) in subsections (b) and (c) by striking
``Administrator'' each place it appears and inserting ``Under
Secretary''.
(f) 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. SCREENING OF PASSENGERS AND PROPERTY.
Section 44901 of such title is amended--
(1) in subsection (a) by striking ``a weapon-detecting''
and all that follows through the period at the end of the
second sentence and inserting ``persons and procedures
acceptable to the Under Secretary (or the Administrator before
responsibilities under this subsection are assumed by the Under
Secretary).''; and
(2) by adding at the end the following:
``(d) Assumption of Screening Function by Under Secretary.--The
responsibility for the screening of passengers and property on
passenger aircraft in air transportation that originates in the United
States or intrastate air transportation that, on the date of enactment
of this subsection, was performed by an employee or agent of an air
carrier, intrastate air carrier, or foreign air carrier shall be
assumed by the Under Secretary.
``(e) Supervision of Screening.--All screening of passengers and
property at airports under this section shall be supervised by
uniformed Federal personnel of the Transportation Security
Administration who shall have the power to order the dismissal of any
individual performing such screening.
``(f) Limitation on Right To Strike.--An individual that screens
passengers or property, or both, at an airport under this section may
not participate in a strike, or assert the right to strike, against the
person (including a governmental entity) employing such individual to
perform such screening.''.
SEC. 4. SECURITY PROGRAMS.
Section 44903(c) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``a law enforcement presence'' and
inserting ``a law enforcement or military presence'';
and
(B) by inserting after ``at each of those
airports'' the following: ``and at each location at
those airports where passengers are screened''; and
(2) in paragraph (2)(C)(i) by striking ``shall issue an
amendment to air carrier security programs to require'' and
inserting ``shall require''.
SEC. 5. EMPLOYMENT STANDARDS AND TRAINING.
(a) Employment Standards.--Section 44935(a) is amended--
(1) in the first sentence by inserting ``, personnel 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) a requirement that all personnel who screen
passengers and property be citizens of the United States;
``(7) minimum compensation levels, when appropriate; and
``(8) a preference for the hiring of any individual who is
a member or former member of the armed forces and who is
entitled, under statute, to retired, retirement, or retainer
pay on account of service as a member of the armed forces.''.
(b) Final Rules Establishing Training Standards for Screeners.--
Section 44935(e)(1) is amended by striking ``May 31, 2001'' and
inserting ``6 months after the date of enactment of the Secure
Transportation for America Act of 2001''.
(c) Employment Standards for Screeners; Uniforms.--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 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 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.
``(h) Uniforms.--The Under Secretary shall require any individual
who screens passengers and property pursuant section 44901 to be
attired in a uniform, approved by the Under Secretary, while on
duty.''.
(d) Interim Employment Standards for Screening Personnel.--In the
period beginning 30 days after the date of enactment of this Act and
ending on the first date that a final rule issued by the Under
Secretary of Transportation for Security under section 44935(e)(1) of
title 49, United States Code, takes effect, the following requirements
shall apply to an individual who screens passengers and property
pursuant to section 44901 of such title (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 to
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.
SEC. 6. 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 deployment of Federal air marshals on
selected 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 at the facility of the
Federal Aviation Administration in New Jersey; and
``(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 and at no cost to the United States Government or
the marshal.
``(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 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. 7. 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.--To the extent the Under Secretary of
Transportation for Security determines appropriate, the Under Secretary
shall take the following actions:
``(1) After consultation with the Administrator of the
Federal Aviation Administration, develop procedures and
authorize equipment for pilots and other members of the flight
crew to use to defend an aircraft against acts of criminal
violence or aircraft piracy.
``(2) After consultation with the Administrator, develop
and implement methods to--
``(A) restrict the opening of a cockpit door during
a flight;
``(B) fortify 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.
``(3) Impose standards for the screening or inspection of
persons and vehicles having access to secure areas of an
airport.
``(4) Require effective 911 emergency call capability for
telephones serving passenger aircraft and passenger trains.
``(5) Provide for the use of voice stress analysis or other
technologies to prevent a person who might pose a danger to air
safety or security from boarding the aircraft of an air carrier
or foreign air carrier in air transportation or intrastate air
transportation.
``(6) Develop standards and procedures for the issuance,
renewal, and revocation of a certificate of qualification for
individuals who screen passengers and property at an airport.
``(7) Provide for the use of threat image projection or
similar devices to test individuals described in paragraph (6)
and establish procedures to revoke the certification of such
individuals if the individuals fail to maintain a required
level of proficiency.
``(8) In consultation with air carriers and other
government agencies, establish policies and procedures
requiring air carriers to use information from government
agencies to identify individuals on passenger lists who may be
a threat to civil aviation and, if such an individual is
identified, to notify appropriate law enforcement agencies and
prohibit the individual from boarding an aircraft.
``(9) Provide for the enhanced use of computer profiling to
more effectively screen passengers and property that will be
carried in the cabin of an aircraft.
``(10) Provide for the use of electronic technology that
positively verifies the identity of each employee and law
enforcement officer who enters a secure area of an airport.
``(11) After consultation with the Administrator, provide
for the installation of switches in an aircraft cabin to enable
flight crews to discreetly notify the pilots in the case of a
security breach occurring in the cabin.
``(12) Update training procedures used by the Federal
Aviation Administration, law enforcement agencies, air
carriers, and flight crews during hijackings to include
measures relating to suicidal hijackers and other extremely
dangerous events not currently described in the training
procedures.
``(13) Provide for background checks of individuals seeking
instruction (including training through the use of flight
simulators) in flying aircraft that has a minimum certificated
takeoff weight of more than 12,500 pounds.
``(14) Enter into agreements with Federal, State, and local
agencies under which appropriately-trained law enforcement
personnel from such agencies, when traveling on a flight of an
air carrier, will carry a firearm and be prepared to assist
Federal air marshals.
``(15) Require more thorough background checks of persons
described in subparagraphs (A), (B)(i), and (B)(ii) of section
44936(a) and paragraph (13) of this subsection, including a
review of immigration records, law enforcement databases, and
records of other government and international agencies to help
determine whether the person may be a threat to civil aviation.
``(b) Airworthiness Objections by FAA.--
``(1) In general.--The Under Secretary shall not take an
action under subsection (a) if the Administrator notifies the
Under Secretary that the action could adversely affect the
airworthiness of an aircraft.
``(2) Review by secretary.--Notwithstanding paragraph (1),
the Under Secretary may take an action under subsection (a),
after receiving a notification concerning the action from the
Administrator under paragraph (1), if the Secretary of
Transportation subsequently approves the action.
``(c) View of NTSB.--In taking any action under subsection (a) that
could affect safety, the Under Secretary shall solicit and give great
weight to the views of the National Transportation Safety Board.
``(d) Property Security Program.--
``(1) Establishment.--The Under Secretary shall develop and
implement a program to ensure the security of all property
carried on passenger aircraft by either mandating that such
property is screened, by ensuring that no checked baggage is
carried on the aircraft unless the passenger who checks the
baggage is aboard the aircraft, or by such other methods that
the Under Secretary considers to be effective.
``(2) Use of screening equipment.--The Under Secretary
shall ensure that equipment installed at airports to screen
checked baggage is used to the maximum extent possible.
``(e) Limitation on Certain Actions.--The Secretary of
Transportation shall not take any action to prevent a pilot of an air
carrier from taking a firearm into the cockpit of the aircraft if the
policy of the air carrier permits its pilots to be armed and the pilot
has successfully completed a training program for the carriage of
firearms aboard aircraft that is acceptable to the Under Secretary.
``(f) Report.--Not later than 6 months after the date of enactment
of this section, and annually thereafter until the Under Secretary
determines whether or not to take each of the actions specified in
subsection (a), the Under Secretary shall transmit to Congress a report
on the progress of the Under Secretary in evaluating and taking such
actions, including any legislative recommendations that the Under
Secretary may have for enhancing transportation security, and on the
progress the Under Secretary is making in carrying out subsection
(d).''.
(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. 8. 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 certified screening
companies may elect to implement the requirements of this
subparagraph in advance of the effective date if the Under
Secretary (or the Administrator of the Federal Aviation
Administration before the transfer of civil aviation security
responsibilities to the Under Secretary) approves of such early
implementation and if the airport operator, air carriers, and
certified screening companies amend their security programs to
conform those programs to the requirements of this
subparagraph.''; and
(2) in paragraph (2)--
(A) by striking ``or airport operator'' and
inserting ``airport operator, or certificated screening
company''; and
(B) by adding at the end the following: ``In this
paragraph, the term `certificated screening company'
means a screening company to which the Under Secretary
has issued a screening company certificate authorizing
the screening company to provide security screening.''.
SEC. 9. 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
of air carriers and foreign air carriers in air transportation
and intrastate air transportation originating at airports in
the United States, to pay for the costs of the screening of
passengers and property pursuant to section 44901(d). Such
costs shall be limited to the salaries and benefits of
screening personnel and their direct supervisors, training of
screening personnel, and acquisition, operation, and
maintenance of equipment used by screening personnel and shall
be determined by the Under Secretary.
``(2) Air carrier fees.--
``(A) Authority.--In addition to the fee imposed
pursuant to paragraph (1), and only to the extent that
such fee is insufficient to pay for the costs of the
screening of passengers and property pursuant to
section 44901(d), the Under Secretary may impose a fee
on air carriers to pay for the difference between any
such costs and the amount collected from such fee.
``(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 screening activities described in paragraph (1) as
determined by the Under Secretary.
``(b) Schedule of Fees.--In imposing fees under subsection (a), the
Under Secretary shall ensure that the fees are reasonably related to
the Transportation Security Administration's costs of providing
services rendered.
``(c) Limitation on Fee.--Fees imposed under subsection (a)(1) may
not exceed $2.50 on a 1-way trip in air transportation or intrastate
air transportation that originates at an airport in the United States.
``(d) Imposition of Fee.--
``(1) In general.--Notwithstanding section 9701 of title 31
and the procedural requirements of section 553 of title 5, the
Under Secretary shall impose the fee under subsection (a)(1),
and may impose a fee under subsection (a)(2), through the
publication of notice of such fee in the Federal Register and
begin collection of the fee within 60 days of the date of
enactment of this Act, or as soon as possible thereafter.
``(2) Subsequent modification of fee.--After imposing a fee
in accordance with paragraph (1), the Under Secretary may
modify, from time to time through publication of notice in the
Federal Register, the imposition or collection of such fee, or
both.
``(3) Limitation on collection.--No fee may be collected
under this section, except to the extent that expenditure of
such fee to pay the costs of activities and services for which
the fee is imposed is provided for in advance in an
appropriations Act.
``(e) Administration of Fees.--
``(1) Fees payable to under secretary.--All fees imposed
and amounts collected under this section are payable to the
Under Secretary.
``(2) Fees collected by air carrier.--A fee imposed under
subsection (a)(1) shall be collected by the air carrier or
foreign air carrier providing the transportation described in
subsection (a)(1).
``(3) Due date for remittance.--A fee collected under this
section shall be remitted on the last day of each calendar
month by the carrier collecting the fee. The amount to be
remitted shall be for the calendar month preceding the calendar
month in which the remittance is made.
``(4) Information.--The Under Secretary may require the
provision of such information as the Under Secretary decides is
necessary to verify that fees have been collected and remitted
at the proper times and in the proper amounts.
``(f) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, any fee collected under this section--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which the
fee is imposed;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the fee is imposed;
and
``(3) shall remain available until expended.
``(g) Refunds.--The Under Secretary may refund any fee paid by
mistake or any amount paid in excess of that required.''.
(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.''.
(c) Exemptions.--Section 44915 is amended by striking ``and 44936''
and inserting ``44936, and 44939''.
SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--Subchapter II of chapter 449 is further amended by
adding at the end the following:
``Sec. 44940. Authorizations of appropriations
``(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) Grants for Aircraft Security.--There is authorized to be
appropriated $500,000,000 for the Secretary of Transportation to make
grants to air carriers to--
``(1) fortify cockpit doors to deny access from the cabin
to the pilots in the cockpit;
``(2) provide for the use of video monitors or other
devices to alert the cockpit crew to activity in the passenger
cabin;
``(3) ensure continuous operation of the aircraft
transponder in the event the crew faces an emergency; and
``(4) provide for the use of other innovative technologies
to enhance aircraft security.
``(c) Airport Security.--There is authorized to be appropriated
$1,500,000,000 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. Authorizations of appropriations.''.
SEC. 11. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL VIOLENCE
OR AIRCRAFT PIRACY.
Section 44903 is amended by adding at the end the following:
``(h) Limitation on Liability for Acts To Thwart Criminal Violence
or Aircraft Piracy.--An individual shall not be liable for damages in
any action brought in a Federal or State court arising out of the acts
of the individual in attempting to thwart an act of criminal violence
or piracy on an aircraft if that individual in good faith believed that
such an act of criminal violence or piracy was occurring or was about
to occur.''.
SEC. 12. PASSENGER MANIFESTS.
Section 44909 is amended by adding at the end the following:
``(c) Flights in Foreign Air Transportation to the United States.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, the Under Secretary of
Transportation for Security shall require each air carrier and
foreign air carrier operating a passenger flight in foreign air
transportation to the United States to provide to the Under
Secretary by electronic transmission a passenger and crew
manifest containing the information specified in subsection
(b).
``(2) Information.--A passenger and crew manifest for a
flight required under paragraph (1) shall contain the following
information:
``(A) The full name of each passenger and crew
member.
``(B) The date of birth and citizenship of each
passenger and crew member.
``(C) The sex of each passenger and crew member.
``(D) The passport number and country of issuance
of each passenger and crew member if required for
travel.
``(E) The United States visa number or resident
alien card number of each passenger and crew member, as
applicable.
``(F) The passenger name record of each passenger.
``(G) Such other information as the Under
Secretary, by regulation, determines is reasonably
necessary to ensure aviation safety.
``(3) Transmission of manifest.--Subject to paragraph (4),
a passenger and crew manifest required for a flight under
paragraph (1) shall be transmitted to the Under Secretary in
advance of the aircraft landing in the United States in such
manner, time, and form as the Under Secretary prescribes.
``(4) Transmission of manifests to other federal
agencies.--The Under Secretary may require by regulation that a
passenger and crew manifest required for a flight under
paragraph (1) be transmitted directly to the head of another
Federal agency.''.
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 and ratify or disapprove any regulation or
security directive issued by the Under Secretary of
Transportation for security under section 114(h)(2) 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;
``(F) waivers granted by the Under Secretary under
section 21 of the Secure Transportation for America Act
of 2001 and may ratify or disapprove such waivers; and
``(G) 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, sensitive security information, or information protected in
accordance with section 40119(b), 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, screening companies,
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. AIRPORT IMPROVEMENT PROGRAMS.
(a) Competition Plan.--Section 47106(f) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Special rule for fiscal year 2002.--This subsection
does not apply to any passenger facility fee approved, or grant
made, in fiscal year 2002 if the fee or grant is to be used to
improve security at a covered airport.''.
(b) Airport Development Defined.--Section 47102(3) is amended by
adding at the end the following:
``(J) hiring, training, compensating, or
reimbursement for law enforcement personnel at a non-
hub or small hub airport (as defined in section 41731).
``(K) in fiscal year 2002, any activity, including
operational activities, of an airport that is not a
primary airport if that airport is located within the
confines of enhanced class B airspace, as defined by
Notice to Airmen FDC 1/0618 issued by the Federal
Aviation Administration.
``(L) in fiscal year 2002, payments for debt
service on indebtedness incurred to carry out a project
at an airport owned or controlled by the sponsor if the
Secretary determines that such payments are necessary
to prevent a default on the indebtedness.''.
(c) Reimbursement for Past Expenses.--Section 47110(b)(2) is
amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting after the semicolon at the end of the
subparagraph (C)(iii) ``or''; and
(3) by inserting at the end the following:
``(D) if the cost is incurred after September 11, 2001, for
a project described in subparagraphs (J), (K), or (L) of
section 47102(3) without regard to the date of execution of a
grant agreement under this subchapter.''.
(d) Federal Share.--Section 47109(a) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) 100 percent for a project described in subparagraphs
(J), (K), or (L) of section 47102(3).''.
(e) Conforming Amendment to Airport and Airway Trust Fund.--Section
9502(d)(1)(A) of the Internal Revenue Code of 1986 (relating to airport
and airway program) is amended by inserting ``or the Secure
Transportation for America Act of 2001'' after ``21st Century''.
SEC. 15. TECHNICAL CORRECTIONS.
(a) Report Deadline.--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''.
(b) Insurance and Reinsurance of Aircraft.--Section 44306(c) (as
redesignated by section 201(d) of such Act) is amended by inserting
``in the interest of air commerce or national security'' before ``to
carry out foreign policy''.
(c) Federal Credit Instruments.--Section 102(c)(2)(A) of such Act
is amended by striking ``representatives'' and inserting
``representations''.
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 46303(c)(2) by inserting ``or the Under
Secretary of Transportation for Security'' after ``Federal
Aviation Administration'';
(6) in section 46311--
(A) by inserting after ``Transportation,'' the
following: ``the Under Secretary of Transportation for
Security with respect to security duties and powers
designated to be carried out by the Under Secretary,'';
(B) by inserting after ``Secretary,'' each place it
appears the following: ``Under Secretary,''; and
(C) by striking ``or Administrator'' each place it
appears and inserting ``, Under Secretary, or
Administrator'';
(7) in each of sections 46313 and 46316 by inserting after
``(or'' the following: ``the Under Secretary of Transportation
for Security with respect to security duties and powers
designated to be carried out by the Under Secretary or''; and
(8) in section 46505(d)(2) by inserting ``or the Under
Secretary of Transportation for Security'' after ``Federal
Aviation Administration''.
SEC. 18. SAVINGS PROVISION.
(a) Transfer of Assets and Personnel.--Except as otherwise provided
in this Act, those personnel, property, and records employed, used,
held, available, or to be made available in connection with a function
transferred to the Transportation Security Administration by this Act
shall be transferred to the Transportation Security Administration for
use in connection with the functions transferred. Unexpended balances
of appropriations, allocations, and other funds made available to the
Federal Aviation Administration to carry out such functions shall also
be transferred to the Transportation Security Administration for use in
connection with the functions transferred.
(b) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, settlements,
agreements, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the Federal Aviation Administration, any
officer or employee thereof, or any other Government official,
or by a court of competent jurisdiction, in the performance of
any function that is transferred by this Act; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date), shall continue in
effect according to their terms until modified, terminated,
superseded, set aside, or revoked in accordance with law by the
Under Secretary of Transportation for Security, any other
authorized official, a court of competent jurisdiction, or
operation of law.
(c) Proceedings.--
(1) In general.--The provisions of this Act shall not
affect any proceedings or any application for any license
pending before the Federal Aviation Administration at the time
this Act takes effect, insofar as those functions are
transferred by this Act; but such proceedings and applications,
to the extent that they relate to functions so transferred,
shall be continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted;
and orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent jurisdiction,
or by operation of law.
(2) Statutory construction.--Nothing in this subsection
shall be deemed to prohibit the discontinuance or modification
of any proceeding described in paragraph (1) under the same
terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act
had not been enacted.
(3) Orderly transfer.--The Secretary of Transportation is
authorized to provide for the orderly transfer of pending
proceedings from the Federal Aviation Administration.
(d) Suits.--
(1) In general.--This Act shall not affect suits commenced
before the date of the enactment of this Act, except as
provided in paragraphs (2) and (3). In all such suits,
proceeding shall be had, appeals taken, and judgments rendered
in the same manner and with the same effect as if this Act had
not been enacted.
(2) Suits by or against faa.--Any suit by or against the
Federal Aviation Administration begun before the date of
enactment of this Act shall be continued, insofar as it
involves a function retained and transferred under this Act,
with the Transportation Security Administration (to the extent
the suit involves functions transferred to the Transportation
Security Administration under this Act) substituted for the
Federal Aviation Administration.
(3) Remanded cases.--If the court in a suit described in
paragraph (1) remands a case to the Transportation Security
Administration, subsequent proceedings related to such case
shall proceed in accordance with applicable law and regulations
as in effect at the time of such subsequent proceedings.
(e) Continuance of Actions Against Officers.--No suit, action, or
other proceeding commenced by or against any officer in his official
capacity as an officer of the Federal Aviation Administration shall
abate by reason of the enactment of this Act. No cause of action by or
against the Federal Aviation Administration, or by or against any
officer thereof in his official capacity, shall abate by reason of the
enactment of this Act.
(f) Exercise of Authorities.--Except as otherwise provided by law,
an officer or employee of the Transportation Security Administration
may, for purposes of performing a function transferred by this Act or
the amendments made by this Act, exercise all authorities under any
other provision of law that were available with respect to the
performance of that function to the official responsible for the
performance of the function immediately before the effective date of
the transfer of the function under this Act.
(g) Act Defined.--In this section, the term ``Act'' includes the
amendments made by this Act.
SEC. 19. BUDGET SUBMISSIONS.
The President's budget submission for fiscal year 2003 and each
fiscal year thereafter shall reflect the establishment of the
Transportation Security Administration.
SEC. 20. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.
Notice to Airmen FDC 1/0618 issued by the Federal Aviation
Administration, and any other regulation, order, or directive that
restricts the ability of United States registered aircraft to conduct
operations under part 91 of title 14, Code of Federal Regulations, in
enhanced class B airspace (as defined by such Notice), shall cease to
be in effect beginning on the 10th day following the date of enactment
of this Act, unless the Secretary of Transportation publishes a notice
in the Federal Register before such 10th day reimposing the restriction
and explaining the reasons for the restriction.
SEC. 21. WAIVERS FOR CERTAIN ISOLATED COMMUNITIES.
(a) In General.--In any case in which a restriction is imposed on
an air carrier (as defined in section 40102 of title 49, United States
Code) for reasons of national security by any government agency, the
Under Secretary of Transportation for Security may grant a waiver from
such restrictions for the carriage of cargo, mail, patients, and
emergency medical supplies (and associated personnel) on flights to or
from a community that is not accessible by road, or that is more than
200 miles, from a hub airport (as defined in section 41731 of such
title).
(b) Review and Disapproval.--Any grant of a waiver by the Under
Secretary under this section shall be subject to review and disapproval
by the Transportation Security Oversight Board.
(c) Limitations.--The Board may impose reasonable limitations on
any waiver granted under this section.
SEC. 22. ASSESSMENTS OF THREATS TO AIRPORTS.
Section 44904 is amended by adding at the end the following:
``(d) Passenger Vehicles.--
``(1) Threat assessment.--An operator of an airport with
scheduled passenger service, in consultation with appropriate
State or local law enforcement authorities, may conduct a
threat assessment of the airport to determine whether passenger
vehicles should be permitted to park within 300 feet of the
airport terminal building.
``(2) Removal of certain restrictions.--If the airport
operator, after consultation with the appropriate State or
local law enforcement authorities, determines that safeguards
are in place to sufficiently protect public safety and so
certifies, in writing, to the Secretary of Transportation, any
rule, order, or other directive of the Secretary prohibiting
the parking of passenger vehicles within 300 feet of an airport
terminal building shall not apply to the terminal building at
such airport.''.
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