[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5506 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5506

To amend title 49, United States Code, to provide relief to the airline 
 industry, to reform the Federal Aviation Administration, and to make 
             technical corrections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2002

   Mr. Mica introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to provide relief to the airline 
 industry, to reform the Federal Aviation Administration, and to make 
             technical corrections, 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.

    This Act may be cited as the ``Aviation Industry Stabilization and 
Reform Act of 2002''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

                      TITLE I--AIR CARRIER RELIEF

SEC. 101. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING OUT OF 
              ACTS OF TERRORISM.

    Section 44303 is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Secretary of Transportation'';
            (2) by moving the text of paragraph (2) of section 201(b) 
        of the Air Transportation Safety and System Stabilization Act 
        (115 Stat. 235) to the end and redesignating such paragraph as 
        subsection (b);
            (3) in subsection (b) (as so redesignated)--
                    (A) by striking the subsection heading and 
                inserting ``Air Carrier Liability for Third Party 
                Claims Arising Out of Acts of Terrorism.--'';
                    (B) in the first sentence by striking ``the 180-day 
                period following the date of enactment of this Act, the 
                Secretary of Transportation'' and inserting ``the 
                period beginning on September 22, 2001, and ending on 
                December 31, 2003, the Secretary''; and
                    (C) in the last sentence by striking ``this 
                paragraph'' and inserting ``this subsection''; and
            (4) by moving the text of subsection (b) (as so 
        redesignated) 2 ems to the left.

SEC. 102. EXTENSION OF CERTAIN INSURANCE POLICIES.

    Section 44302 is amended by adding at the end the following:
    ``(f) Extension of Certain Policies.--The Secretary shall extend 
through December 31, 2003, the termination date of any insurance policy 
that the Department of Transportation issued to an air carrier under 
subsection (a) and that is in effect on the date of enactment of this 
subsection on no less favorable terms to the air carrier than existed 
in the policy on June 19, 2002; except that the Secretary shall amend 
the insurance policy to provide coverage for losses or injuries to 
aircraft hull, passenger, and crew on such terms and conditions as the 
Secretary may prescribe at an additional premium comparable to the 
premium charged for third-party casualty coverage under such policy and 
except that in no event shall the total premium paid by the air carrier 
for the policy, as amended, be more than twice the premium that the air 
carrier was paying for the policy as of June 19, 2002.''.

SEC. 103. CORRECTION OF REFERENCE.

    Effective November 19, 2001, section 147 of the Aviation and 
Transportation Security Act (Public Law 107-71) is amended by striking 
``(b)'' and inserting ``(c)''.

SEC. 104. LOAN GUARANTEES.

    (a) Extension of Application Period.--Notwithstanding section 
1300.16 of title 14, Code of Federal Regulations, or any other 
provision of law or regulation, applications for Federal credit 
instruments authorized by section 101 of the Air Transportation Safety 
and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230) may 
be filed at any time after the date on which armed hostilities between 
the United States and Iraq commence and for 60 days after the date on 
which such hostilities end.
    (b) Publication of Notice.--The Secretary of Transportation shall 
publish a notice in the Federal Register announcing that applications 
may be filed under subsection (a) and another notice when the time for 
such applications will end.
    (c) Treatment of Time Period.--The 2-year period referred to in 
section 104(a) of the Air Transportation Safety and System 
Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 233) shall be 
treated with respect to an application filed in accordance with 
subsection (a) of this section as being the 2-year period beginning on 
the date of enactment of this Act.
    (d) Termination Date.--This section shall cease to be in effect if 
the Secretary does not publish a notice under subsection (b) within 6 
months after the date of enactment of this Act.

SEC. 105. AIR MARSHALS.

    Not later than 90 days after all cockpit doors that are required to 
be strengthened under section 104(a) of the Aviation and Transportation 
Security Act (49 U.S.C. 44903 note; 115 Stat. 605-606) are 
strengthened, the Under Secretary shall reconsider whether it is 
necessary to require Federal air marshals to be seated in the first 
class cabin of an aircraft with strengthened cockpit doors and report 
to Congress (in classified form if necessary) on the results of such 
reconsideration.

SEC. 106. SCREENING OF MAIL.

    (a) Improved Screening.--Not later than 30 days after the date of 
enactment of this Act, the Under Secretary of Transportation for 
Security shall undertake, without a decrease in aviation security, such 
action as may be necessary to improve the screening of mail so that it 
can be carried on passenger flights of air carriers.
    (b) Postal Employees.--Section 44901(a) is amended by striking ``, 
United States Code)'' and inserting the following: ``or, in the case of 
United States mail, by an employee or officer of the United States 
Postal Service under standards and procedures established by the Under 
Secretary.''.
    (c) Report.--Not later than 120 days after the date of enactment of 
this Act, the Under Secretary shall transmit Congress a report on the 
Transportation Security Administration's pilot program to determine 
whether canine teams can be used to screen mail weighing over 16 ounces 
before being placed aboard passenger-carrying aircraft, and on the 
Administration's consultations, if any, with the United States Postal 
Service to determine whether Postal Service personnel can be used to 
perform screening services for such mail.

SEC. 107. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND 
              RELATED ACTIVITIES.

    The Under Secretary of Transportation for Security, within 
available resources, shall reimburse air carriers and airports for the 
following:
            (1) All screening and related activities that the air 
        carriers or airports are still performing or continuing to be 
        responsible for, including--
                    (A) the screening of catering supplies;
                    (B) checking documents at security checkpoints;
                    (C) screening of passengers; and
                    (D) screening of persons with access to aircraft.
            (2) The provision of space and facilities used to perform 
        screening functions if such space and facilities have been 
        previously used, or were intended to be used, for revenue-
        producing purposes.

SEC. 108. REIMBURSEMENT OF AIR CARRIERS FOR FORTIFYING COCKPIT DOOR.

    The Under Secretary of Transportation for Security shall reimburse 
air carriers for the cost of fortifying cockpit doors in accordance 
with section 48301(b) of title 49, United States Code.

SEC. 109. REQUIREMENT FOR ISSUANCE OF FINAL RULE FOR COCKPIT DOORS ON 
              ALL-CARGO AIRCRAFT.

    Neither the Transportation Security Administration nor the Federal 
Aviation Administration may issue or enforce a final rule requiring the 
strengthening or locking of cockpit doors on all-cargo aircraft until 
the Under Secretary of Transportation for Security has considered and 
addressed, in writing, all comments received regarding such 
strengthening or locking and has determined that such strengthening or 
locking is necessary for aviation security.

SEC. 110. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Transportation Security Administration should 
        implement a trusted traveler or similar program as soon as 
        possible and this program should start with the credentialing 
        of airport and air carrier employees;
            (2) any insurance coverage extended to air carriers by the 
        Secretary of Transportation should also be extended to any 
        other person under contract to provide services to that carrier 
        at an airport served by that carrier, including catering, 
        fueling, security, and ground handling services; and
            (3) the Transportation Security Administration should 
        maximize the use of the certified explosive detection systems 
        currently installed at airports.

                   TITLE II--FEDERAL AVIATION REFORM

SEC. 201. MANAGEMENT ADVISORY COMMITTEE MEMBERS.

    Section 106(p) is amended--
            (1) in the subsection heading by inserting ``and Air 
        Traffic Services Board'' after ``Council'';
            (2) in paragraph (2)--
                    (A) by striking ``consist of'' and all that follows 
                through ``members, who'' and inserting ``consist of 13 
                members, who'';
                    (B) by inserting after ``Senate'' in subparagraph 
                (C)(i) ``, except that initial appointments made after 
                October 1, 2002, shall be made by the Secretary of 
                Transportation'';
                    (C) by striking the semicolon at the end of 
                subparagraph (C)(ii) and inserting ``; and''; and
                    (D) by striking ``employees, by--'' in subparagraph 
                (D) and all that follows through the period at the end 
                of subparagraph (E) and inserting ``employees, by the 
                Secretary of Transportation.''.

SEC. 202. REORGANIZATION OF THE AIR TRAFFIC SERVICES SUBCOMMITTEE.

    Section 106(p) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``(A) No federal officer or 
                employee.--'';
                    (B) by striking ``or (2)(E)'' and inserting ``or to 
                the Air Traffic Services Board''; and
                    (C) by striking subparagraphs (B) and (C);
            (2) in paragraph (4)(C) by inserting ``or Air Traffic 
        Services Board'' after ``Council'' each place it appears;
            (3) in paragraph (5) by inserting ``, the Air Traffic 
        Services Board,'' after ``Council'';
            (4) in paragraph (6)(C)--
                    (A) by striking ``subcommittee'' in the 
                subparagraph heading and inserting ``board''; and
                    (B) by striking ``member'' and inserting 
                ``members'';
                    (C) by striking ``under paragraph (2)(E)'' the 
                first place it appears and inserting ``to the Air 
                Traffic Services Board''; and
                    (D) by striking ``of the members first'' and all 
                that follows through the period at the end and 
                inserting ``the first members of the Board shall be the 
                members of the Air Traffic Services Subcommittee of the 
                Council on the day before the day of enactment of the 
                Aviation Industry Stabilization and Reform Act of 2002 
                who shall serve as members of the Board until their 
                respective terms as members of the Subcommittee would 
                have ended under this subparagraph, as in effect on 
                such day.'';
            (5) in paragraph (6)(D) by striking ``under paragraph 
        (2)(E)'' and inserting ``to the Board'';
            (6) in paragraph (6)(E) by inserting ``or Board'' after 
        ``Council'';
            (7) in paragraph (6)(F) by inserting ``of the Council or 
        Board'' after ``member'';
            (8) in the second sentence of subparagraph (6)(G)--
                            (i) by striking ``Council'' and inserting 
                        ``Board''; and
                            (ii) by striking ``appointed under 
                        paragraph (2)(E)'';
            (9) in paragraph (6)(H)--
                            (i) by striking ``subcommittee'' in the 
                        subparagraph heading and inserting ``board'';
                            (ii) by striking ``under paragraph (2)(E)'' 
                        in clause (i) and inserting ``to the Board''; 
                        and
                            (iii) by striking ``Air Traffic Services 
                        Subcommittee'' and inserting ``Board'';
            (10) in paragraph (6)(I)(i)--
                    (A) by striking ``appointed under paragraph (2)(E) 
                is'' and inserting ``is serving as''; and
                    (B) by striking ``Subcommittee'' and inserting 
                ``Board''; and
            (11) in paragraph (6)(I)(ii)--
                            (A) by striking ``appointed under paragraph 
                        (2)(E)'' and inserting ``who is a member of the 
                        Board''; and
                            (B) by striking ``Subcommittee'' and 
                        inserting ``Board'';
            (12) in paragraph (6)(K) by inserting ``or Board'' after 
        ``Council'';
            (13) in paragraph (6)(L) by inserting ``or Board'' after 
        ``Council'' each place it appears; and
            (14) in paragraph (7)--
                    (A) by striking ``subcommittee'' in the paragraph 
                heading and inserting ``board'';
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) Establishment.--The Administrator shall 
                establish a board that is independent of the Council by 
                converting the Air Traffic Services Subcommittee of the 
                Council, as in effect on the day before the date of 
                enactment of the Aviation Industry Stabilization and 
                Reform Act of 2002, into such board. The board shall be 
                known as the Air Traffic Services Board (in this 
                subsection referred to as the `Board').'';
                    (C) by redesignating subparagraphs (B) through (F) 
                as subparagraphs (D) through (H), respectively;
                    (D) by inserting after subparagraph (A) the 
                following:
                    ``(B) Membership and qualifications.--Subject to 
                paragraph (6)(C), the Board shall consist of 5 members, 
                one of whom shall be the Administrator and shall serve 
                as chairperson. The remaining members shall be 
                appointed by the President with the advice and consent 
                of the Senate and--
                            ``(i) shall have a fiduciary responsibility 
                        to represent the public interest;
                            ``(ii) shall be citizens of the United 
                        States; and
                            ``(iii) shall be appointed without regard 
                        to political affiliation and solely on the 
                        basis of their professional experience and 
                        expertise in one or more of the following areas 
                        and, in the aggregate, should collectively 
                        bring to bear expertise in all of the following 
                        areas:
                                    ``(I) management of large service 
                                organizations;
                                    ``(II) customer service;
                                    ``(III) management of large 
                                procurements;
                                    ``(IV) information and 
                                communications technology;
                                    ``(V) organizational development;
                                    ``(VI) labor relations.
                    ``(C) Prohibitions on members of board.--No member 
                of the Board may--
                            ``(i) have a pecuniary interest in, or own 
                        stock in or bonds of, an aviation or 
                        aeronautical enterprise, except an interest in 
                        a diversified mutual fund or an interest that 
                        is exempt from the application of section 208 
                        of title 18;
                            ``(ii) engage in another business related 
                        to aviation or aeronautics; or
                            ``(iii) be a member of any organization 
                        that engages, as a substantial part of its 
                        activities, in activities to influence 
                        aviation-related legislation.'';
                    (E) by striking ``Subcommittee'' each place it 
                appears in subparagraphs (D) and (E), as redesignated 
                by subparagraph (C) of this paragraph, and inserting 
                ``Board'';
                    (F) by striking ``approve'' in subparagraph 
                (E)(v)(I), as so redesignated, and inserting ``make 
                recommendations on'';
                    (G) by striking ``request'' in subparagraph 
                (E)(v)(II), as so redesignated, and inserting 
                ``recommendations'';
                    (H) by striking ``ensure that the budget request 
                supports'' in subparagraph (E)(v)(III), as so 
                redesignated, and inserting ``base such budget 
                recommendations on''; and
                    (I) by striking ``The Secretary shall submit'' in 
                subparagraph (E), as so redesignated, and all that 
                follows through the period at the end of such 
                subparagraph (E) and inserting ``The Secretary shall 
                submit the budget recommendations referred to in clause 
                (v) to the President who shall transmit such 
                recommendations to the Committee on Transportation and 
                Infrastructure and the Committee on Appropriations of 
                the House of Representatives and the Committee on 
                Commerce, Science, and Transportation and the Committee 
                on Appropriations of the Senate together with the 
                annual budget request of the Federal Aviation 
                Administration.'';
                    (J) by striking subparagraph (F), as so 
                redesignated, and inserting the following:
                    ``(F) Board personnel matters.--The Board may 
                appoint and terminate any personnel that may be 
                necessary to enable the Board to perform its duties, 
                and may procure temporary and intermittent services 
                under section 3109(b) of title 5, United States 
                Code.'';
                    (K) in subparagraph (G), as so redesignated--
                            (i) by striking clause (i);
                            (ii) by redesignating clauses (ii), (iii), 
                        and (iv) as clauses (i), (ii), and (iii), 
                        respectively; and
                            (iii) by striking ``Subcommittee'' each 
                        place it appears in clauses (i), (ii), and 
                        (iii), as so redesignated, and inserting 
                        ``Board'';
                    (L) in subparagraph (H), as so redesignated
                            (i) by striking ``Subcommittee'' each place 
                        it appears and inserting ``Board''; and
                            (ii) by striking ``Administrator, the 
                        Council'' each place it appears in clauses (i) 
                        and (ii) and inserting ``Secretary''; and
                    (M) by adding at the end the following:
                    ``(I) Authorization.--There is authorized to be 
                appropriated to the Board such sums as may be necessary 
                for the Board to carry out its activities.''.

SEC. 203. CLARIFICATION OF THE RESPONSIBILITIES OF THE CHIEF OPERATING 
              OFFICER.

    Section 106(r) is amended--
            (1) in each of paragraphs (1)(A) and (2)(A) by striking 
        ``Air Traffic Services Subcommittee of the Aviation Management 
        Advisory Council'' and inserting ``Air Traffic Services 
        Board'';
            (2) in paragraph (3) by striking ``Air Traffic Control 
        Subcommittee of the Aviation Management Advisory Council'' and 
        inserting ``Air Traffic Services Board''; and
            (3) in paragraph (4) by striking ``Transportation and 
        Congress'' and inserting ``Transportation, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Commerce, Science, and 
        Transportation of the Senate'';
            (4) in paragraph (5)(A)--
                    (A) by striking ``develop a'' and inserting 
                ``implement the''; and
                    (B) by striking ``, including the establishment 
                of'' and inserting ``in order to further'';
            (5) in paragraph (5)(B)--
                    (A) by striking ``review'' and all that follows 
                through ``Administration,'' and inserting ``oversee the 
                day-to-day operational functions of the Administration 
                for air traffic control,'';
                    (B) by striking ``and'' at the end of clause (ii);
                    (C) by striking the period at the end of clause 
                (iii) and inserting ``; and''; and
                    (D) by adding at the end the following:
                            ``(iv) the management of cost-reimburseable 
                        contracts.''.
            (6) in paragraph (5)(C)(i) by striking ``prepared by the 
        Administrator'';
            (7) in paragraph (5)(C)(ii) by striking ``and the Secretary 
        of Transportation'' and inserting ``and the Board''; and
            (8) in paragraph (5)(C)(iii)--
                    (A) by inserting ``agency's'' before ``annual''; 
                and
                    (B) by striking ``developed under subparagraph (A) 
                of this subsection.'' and inserting ``for air traffic 
                control services.''.

             TITLE III--AVIATION AND SECURITY IMPROVEMENTS

SEC. 301. AMENDMENTS TO CHAPTER 1.

    (a) Additional Duties of Under Secretary of Transportation for 
Security.--
            (1) In general.--Section 114(f) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (14);
                    (B) by striking period at the end of paragraph (15) 
                and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(16) review and, as necessary, develop ways to strengthen 
        air transportation security, including ways--
                    ``(A) to strengthen controls over checked baggage 
                in air transportation, including ways to ensure baggage 
                reconciliation and inspection of items in passenger 
                baggage that could potentially contain explosive 
                devices;
                    ``(B) to strengthen controls over individuals 
                having access to aircraft;
                    ``(C) to improve testing of security systems;
                    ``(D) to ensure the use of best available equipment 
                for air transportation security purposes;
                    ``(E) to strengthen preflight screening of 
                passengers;
                    ``(F) to strengthen and enhance the ability to 
                detect or neutralize nonexplosive weapons, such as 
                biological, chemical, or similar substances; and
                    ``(G) to evaluate such additional measures as may 
                be appropriate to enhance inspection of passengers, 
                baggage, and cargo.''.
            (2) Conforming amendment.--Effective November 19, 2001, 
        section 110(a) of the Aviation and Transportation Security Act 
        (115 Stat. 614) is repealed.
    (b) Acquisitions By the Under Secretary.--Section 114(j)(1)(D) is 
amended by striking ``Secretary'' and inserting ``Under Secretary''.
    (c) Authority of GSA.--Section 114(j) is amended by adding at the 
end the following:
            ``(3) Authority of gsa.--Notwithstanding paragraph (1), the 
        Under Secretary may not undertake any project for which 
        congressional approval is required under section 3307 of title 
        40.''.
    (d) Acquisition Management Systems.--
            (1) TSA system.--Section 114(o) is amended--
                    (A) by striking ``equipment, supplies, and 
                materials'' each place it appears and inserting 
                ``supplies, services, and property''; and
                    (B) by adding at the end the following: ``Any 
                appeal of a decision made under the acquisition system 
                developed under this subsection shall be conducted in 
                accordance with section 46110.''.
            (2) FAA system.--Section 40110(d) is amended--
                    (A) by redesignating paragraph (4) as paragraph 
                (5); and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Appeals.--Any appeal of a decision made under the 
        acquisition system developed under this subsection shall be 
        conducted in accordance with section 46110.''.
    (e) Nondisclosure of Security Activities.--Section 114 is amended 
by adding at the end the following:
    ``(s) Nondisclosure of Security Activities.--
            ``(1) In general.--Notwithstanding section 552 of title 5, 
        the Under Secretary shall prescribe regulations prohibiting the 
        disclosure of information obtained or developed in carrying out 
        security under authority of the Aviation and Transportation 
        Security Act (Public Law 107-71) or under chapter 449 of this 
        title if the Under Secretary decides that disclosing the 
        information would--
                    ``(A) be an unwarranted invasion of personal 
                privacy;
                    ``(B) reveal a trade secret or privileged or 
                confidential commercial or financial information; or
                    ``(C) be detrimental to the security of 
                transportation.
            ``(2) Availability of information to congress.--Paragraph 
        (1) does not authorize information to be withheld from a 
        committee of Congress authorized to have the information.
            ``(3) Limitation on transferability of duties.--Except as 
        otherwise provided by law, the Under Secretary may not transfer 
        a duty or power under this subsection to another department, 
        agency, or instrumentality of the United States.''.
    (f) Transportation Oversight Board.--Section 115(c) is amended by 
inserting ``and'' after the semicolon at the end of paragraph (5).

SEC. 302. AMENDMENT TO CHAPTER 3.

    The second sentence of section 326(a) is amended by striking 
``aviation duties and powers'' and inserting ``the duties and powers of 
the Department''.

SEC. 303. AMENDMENTS TO CHAPTER 401.

    (a) Authority To Exempt.--Section 40109(b) is amended to read as 
follows:
    ``(b) Safety Regulations.--The Administrator of the Federal 
Aviation Administration may grant an exemption from a regulation 
prescribed by the Administrator in carrying out sections 40103(b)(1), 
40103(b)(2), and 40119 if the Administrator decides the exemption is in 
the public interest.''.
    (b) Security and Research Development Activities.--Section 40119 is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``and the Administrator of the 
                Federal Aviation Administration each'' after ``for 
                Security''; and
                    (B) by striking ``criminal violence and aircraft 
                piracy'' and inserting ``criminal violence, aircraft 
                piracy, and terrorism and to ensure security''; and
            (2) in subsection (b)(1)--
                    (A) by striking ``, the Under Secretary'' and 
                inserting ``and the establishment of a Department of 
                Homeland Security, the Secretary of Transportation'';
                    (B) by striking ``carrying out'' and all that 
                follows through ``if the Under Secretary'' and 
                inserting ``ensuring security under this title if the 
                Secretary of Transportation''; and
                    (C) in subparagraph (C) by striking ``the safety of 
                passengers in transportation'' and inserting 
                ``transportation safety''.

SEC. 304. AMENDMENTS TO CHAPTER 449.

    (a) Chapter Analysis.--The analysis for subchapter II of chapter 
449 of title 49, United States Code, is amended by inserting after the 
item relating to section 44941 the following:

``44942. Performance goals and objectives.
``44943. Performance management system.''.
    (b) Screening Passengers and Property.--Section 44901 is amended--
            (1) in subsection (d)--
                    (A) by striking ``(d) Explosive Detection 
                Systems.--'' and all the follows through ``ensure 
                that--'' and inserting ``(d) Explosive Detection 
                Systems.--The Under Secretary of Transportation for 
                Security shall take all necessary action to ensure 
                that--''; and
                    (B) by redesignating subparagraphs (A), (B), and 
                (C) as paragraphs (1), (2), and (3), respectively, and 
                aligning such paragraphs with paragraphs (1) through 
                (4) of subsection (e);
            (2) in subsection (e) by striking ``(b)(1)(A)'' and 
        inserting ``(d)(1)'';
            (3) by adding at the end of subsection (g)(1) the 
        following: ``The Under Secretary may allow law enforcement 
        personnel to be stationed other than at the airport security 
        screening location if that would be preferable for law 
        enforcement purposes and if such personnel would still be able 
        to provide prompt responsiveness to problems occurring at the 
        screening location.''; and
            (4) in subsection (g)(2) by striking ``Except at airports 
        required to enter into agreements under subsection (c), the 
        Under Secretary'' and inserting ``The Under Secretary''.
    (c) Air Transportation Security.--Section 44903 is amended--
            (1) in subsection (c)(3) by striking ``Administrator'' and 
        inserting ``Under Secretary'';
            (2) by redesignating subsection (i) (relating to short-term 
        assessment and deployment of emerging security technologies and 
        procedures) as subsection (j);
            (3) by redesignating the second subsection (h) (relating to 
        authority to arm flight deck crew with less-than-lethal 
        weapons) as subsection (i);
            (4) by redesignating the third subsection (h) (relating to 
        limitation on liability for acts to thwart criminal violence 
        for aircraft piracy) as subsection (k); and
            (5) in subsection (j)(1) (as so redesignated) by striking 
        ``for Transportation Security''.
    (d) Passenger Manifests.--Section 44909 is amended--
            (1) in subsection (a)(1) by striking ``Not later than March 
        16, 1991, the Secretary'' and inserting ``The Secretary''; and
            (2) in subsection (c)(2)(F) by inserting ``of 
        Transportation for Security'' after ``Under Secretary''.
    (e) Research and Development.--Section 44912(b)(1) is amended by 
aligning subparagraph (E) with subparagraphs (B), (C), and (D).
    (f) Employment Standards and Training.--Section 44935 is amended--
            (1) in subsection (e)(2)(A)--
                    (A) by inserting ``or its territories or 
                possessions'' before the semicolon at the end of clause 
                (ii);
                    (B) by inserting ``and'' after the semicolon at the 
                end of clause (iii);
                    (C) by striking ``; and'' at the end of clause (iv) 
                and inserting a period; and
                    (D) by striking clause (v);
            (2) by inserting at the end of subsection (f)(1)(B) the 
        following:
                            ``(vi) Screeners shall be fit for duty on a 
                        daily basis without any impairment due to 
                        illegal drugs, sleep deprivation, medication, 
                        or alcohol.''; and
            (3) by redesignating the last subsection, relating to 
        accessibility of computer-based training facilities, as 
        subsection (k).
    (g) Employment Investigations and Restrictions.--Section 
44936(a)(1) is amended--
            (1) in subparagraph (A) by striking ``Under Secretary of 
        Transportation for Transportation Security,,'' and inserting 
        ``Under Secretary,''; and
            (2) in subparagraph (B)--
                    (A) in clause (iii) by striking ``Administrator'' 
                and inserting ``Under Secretary''; and
                    (B) by aligning clause (iii) with clauses (i) and 
                (ii).
    (h) Revised Procedures and Waiver Process.--Section 44936 is 
amended by adding at the end the following:
    ``(f) Revised Procedures.--The Under Secretary shall revise the 
procedures established under subsection (c) to ensure that--
            ``(1) information received from the Attorney General under 
        subsection (c) is released only to the Under Secretary or the 
        designee of the Under Secretary; and
            ``(2) the Under Secretary or designee informs the employer 
        or prospective employer of an individual, within 3 days 
        (excluding weekends and holidays) of receiving information from 
        the Attorney General concerning the individual, whether the 
        investigation of the individual under subsection (c) 
        establishes that, in the 10-year period ending on the date of 
        the investigation, the individual was convicted (or found not 
        guilty by reason of insanity) of any of the crimes listed in 
        subsection (b).
    ``(g) Limitation on Designee.--A designee of the Under Secretary 
under the second sentence of subsection (c) or under subsection (f) may 
not be--
            ``(1) an employer or prospective employer of the individual 
        who is subject to fingerprinting, a record check, or an 
        investigation; or
            ``(2) an entity that represents or is otherwise associated 
        with the employer or prospective employer.
    ``(h) Waiver Process.--
            ``(1) In general.--The Under Secretary shall establish a 
        process to permit an individual who was convicted of a crime 
        listed in subsection (b) to obtain a waiver from the Under 
        Secretary to permit that individual's employment.
            ``(2) Factors.--In deciding whether to grant a waiver under 
        this subsection, the Under Secretary shall give consideration 
        to the circumstances of the disqualifying crime, restitution 
        made by the individual, Federal and State mitigation remedies, 
        and other factors that would tend to indicate that the 
        individual does not pose a security or terrorism risk.
            ``(3) Appeals process.--The Under Secretary shall establish 
        an appeals process for individuals who are denied waivers under 
        this subsection.''.
    (i) Training To Operate Certain Aircraft.--Section 44939 is 
amended--
            (1) in subsection (a) by striking ``12,500 pounds or more'' 
        and inserting ``more than 12,500 pounds''; and
            (2) in subsection (c) by inserting ``(other than recurrent 
        training)'' before the period at the end.
    (j) Performance Goals and Objections.--Section 44942 is amended--
            (1) in the heading for subsection (a) by striking ``Short 
        Term'' and inserting ``Short-Term'';
            (2) in subsection (a)(1) by striking ``Under Secretary for 
        Transportation Security'' and inserting ``Under Secretary of 
        Transportation for Security'';
            (3) in subsection (b)--
                    (A) by striking ``(1) Performance plan and 
                report.--'';
                    (B) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively;
                    (C) by redesignating clauses (i) and (ii) of 
                paragraph (1) (as so redesignated) as subparagraphs (A) 
                and (B), respectively;
                    (D) by moving paragraphs (1) and (2) (as so 
                redesignated) 2 ems to the left;
                    (E) by striking ``Under Secretary for 
                Transportation Security'' each place it appears and 
                inserting ``Under Secretary''; and
                    (F) in paragraph (1)(A) (as so redesignated) by 
                striking ``the Secretary'' and inserting ``the 
                Secretary of Transportation''.
    (k) Performance Management System.--Section 44943 is amended--
            (1) in subsection (a) by striking ``Under Secretary for 
        Transportation Security'' and inserting ``Under Secretary of 
        Transportation for Security'';
            (2) in subsections (b)(1) by striking ``of Transportation 
        for Security''; and
            (3) in subsection (c)--
                    (A) by striking ``Under Secretary for 
                Transportation Security'' and inserting ``Under 
                Secretary''; and
                    (B) by striking ``Aviation Security Act'' and 
                inserting ``Aviation and Transportation Security Act''.
    (l) Voluntary Provision of Emergency Services.--Section 44944(a)(1) 
is amended by striking ``Under Secretary of Transportation for 
Transportation Security'' and inserting ``Under Secretary of 
Transportation for Security''.

SEC. 305. AMENDMENTS TO CHAPTER 463.

    (a) General Penalties.--Section 46301(a) is amended by adding at 
the end the following:
            ``(8) Aviation security violations.--Notwithstanding 
        paragraphs (1) and (2) of this subsection, the maximum civil 
        penalty for violating chapter 449 or another requirement under 
        this title administered by the Under Secretary of 
        Transportation for Security shall be $10,000; except that the 
        maximum civil penalty shall be $25,000 in the case of a person 
        operating an aircraft for the transportation of passengers or 
        property for compensation (except an individual serving as an 
        airman).''.
    (b) Administrative Imposition of Penalties.--Section 46301(d)(2) is 
amended--
            (1) in the first sentence by striking ``46302, 46303,''; 
        and
            (2) in the second sentence by striking ``or a regulation 
        prescribed or order issued under such chapter 449'' and 
        inserting ``or section 46302, 46303, or 46318 of this title or 
        a regulation prescribed or order issued under any of those 
        provisions''.
    (c) Judicial Review.--Section 46301(g) is amended by inserting ``, 
the Under Secretary,'' after ``Secretary''.

SEC. 306. AMENDMENTS TO CHAPTER 465.

    (a) Chapter Analysis.--The analysis for chapter 465 is amended--
            (1) by striking ``46503. Repealed.''; and
            (2) in the item relating to section 46503 by striking 
        ``screening''.
    (b) Interference With Security Personnel.--Section 46503 is 
amended--
            (1) in the section heading by striking ``screening''; and
            (2) in the first sentence by striking ``or air carrier 
        employee'' and inserting ``air carrier, or contract employee''.

SEC. 307. AMENDMENTS TO CHAPTER 471.

    (a) Allowable Project Costs.--Section 47110(b)(2) is amended by 
aligning subparagraph (D) with subparagraph (B).
    (b) Discretionary Fund.--Section 47115(i) is amended by striking 
``non-federal'' each place it appears and inserting ``non-Federal''.

SEC. 308. AMENDMENT TO CHAPTER 481.

    Section 48107 is amended by striking ``44912(a)(4)(A)'' and 
inserting ``44912(a)(5)(A)''.

SEC. 309. AMENDMENTS TO CHAPTER 483.

    (a) Chapter Heading.--Part C of subtitle VII is amended by striking

               ``CHAPTER 483--AVIATION SECURITY FUNDING''

and inserting the following:

              ``CHAPTER 483--AVIATION SECURITY FUNDING''.

    (b) Subtitle Analysis.--The analysis for subtitle VII is amended in 
the item relating to chapter 483 by striking ``Aviation Security 
Funding'' and inserting ``AVIATION SECURITY FUNDING''.

SEC. 310. AMENDMENTS TO AVIATION AND TRANSPORTATION SECURITY ACT.

    (a) Perimeter Security for Small and Medium Airports.--Section 
106(b)(2) of the Aviation and Transportation Security Act (49 U.S.C. 
44903 note; 115 Stat. 609) is amended--
            (1) in subparagraph (A) by striking ``described in 
        paragraph (1)''; and
            (2) in subparagraph (B) by striking ``Secretary'' and 
        inserting ``Under Secretary''.
    (b) Trusted Passenger Programs.--Section 109(a)(3) of the Aviation 
and Transportation Security Act (49 U.S.C. 114 note; 115 Stat. 613) is 
amended by inserting ``(and their property)'' after ``passengers'' each 
place it appears.
    (c) Deadline for Deployment of Screeners.--Section 110(c)(1) of the 
Aviation and Transportation Security Act (115 Stat. 616) is amended by 
striking ``Federal'' before ``law enforcement''.
    (d) Expedited Processing of Security-Related PFC Requests.--Section 
119(c) of the Aviation and Transportation Security Act (115 Stat. 629) 
is amended by striking ``47192(3)(J)'' and inserting ``47102(3)(J)''.
    (e) General Aviation and Air Charters.--Section 132 of the Aviation 
and Transportation Security Act (49 U.S.C. 44903 note; 115 Stat. 635) 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``for Transportation Security'' and 
                inserting ``for Security; and
                    (B) by striking ``12,500 pounds or more'' and 
                inserting ``more than 12,500 pounds'';
            (2) in subsection (b) by striking ``of Transportation for 
        Transportation Security''; and
            (3) by adding at the end the following:
    ``(c) Exemption for Charter Operations To Provide Transportation 
for the Armed Forces.--
            ``(1) In general.--The provisions of this Act, including 
        the amendments made by this Act, shall not apply to the 
        operation of, or to the passengers and property carried by, 
        aircraft when employed to provide charter transportation for 
        the Armed Forces, except for an operation to or from an airport 
        described in section 44903(c) of title 49, United States Code. 
        For an operation to or from an airport described in section 
        44903(c) of such title, the screening, and passenger manifest 
        provisions of this Act, including the amendments made by this 
        Act, shall not apply to passengers and property carried by such 
        aircraft.
            ``(2) Security procedures.--The Secretary of Defense, in 
        consultation with the Secretary of Transportation, shall 
        establish security procedures relating to the operation of such 
        aircraft to or from an airport described in section 44903(c) of 
        title 49, United States Code.''.
    (f) Location of Amendments.--Effective November 19, 2001--
            (1) section 123(a) of the Aviation and Transportation 
        Security Act (115 Stat. 630) is amended by inserting ``of title 
        49, United States Code,'' after ``Section 47106(f)'';
            (2) section 124(b) of such Act (115 Stat. 631) is amended 
        by inserting ``of title 49, United States Code,'' after 
        ``Section 44306(c)''; and
            (3) section 144 of such Act (115 Stat. 643) is amended by 
        inserting ``of title 49, United States Code,'' after ``Section 
        44303''.

SEC. 311. AMENDMENT TO TITLE 5.

    Section 5313 of title 5, United States Code, is amended by striking 
``The'' before ``Under Secretary of Transportation for Security''.
                                 <all>