[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1444 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1444

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2001

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. PROGRAM ESTABLISHED.

    (a) In General.--Chapter 37 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 570. Federal air marshals program
    ``(a) Definitions.--In this section:
            ``(1) Aircraft.--The term `aircraft' has the meaning given 
        that term in section 40102 of title 49.
            ``(2) Air transportation.--The term `air transportation' 
        has the meaning given that term in section 40102 of title 49.
            ``(3) Program.--The term `program' means the program 
        established under subsection (c).
            ``(4) Units of local government.--The term `units of local 
        government' includes an airport authority.
    ``(b) Responsibility for Airport and Aircraft Safety.--This section 
shall govern the security at airports and on board commercial aircraft.
    ``(c) Federal Air Marshals Program.--
            ``(1) Goal.--The goal of the program is to provide maximum 
        security at airports and on board commercial aircraft by having 
        the Federal Government be responsible for all phases of 
        security for air passengers.
            ``(2) Establishment of federal air marshals program.--
                    ``(A) Establishment.--The Attorney General shall 
                establish a Federal Air Marshals program consisting of 
                Federal Air Marshals, including the Federal Air 
                Marshals participating in the Federal Air Marshals 
                Program being administered by the Federal Aviation 
                Administration before the effective date of this 
                section, and Deputy Federal Air Marshals in order to 
                provide maximum security at airports and on board 
                commercial aircraft.
                    ``(B) Federal air marshals.--Federal Air Marshals 
                shall serve for the purpose of enforcing Federal laws 
                that regulate security at airports and on board 
                commercial aircraft, including laws relating to acts of 
                terrorism, hijacking, or aircraft piracy and laws 
                relating to violent, abusive, or disruptive behavior by 
                passengers in air transportation.
                    ``(C) Deputy federal air marshals.--
                            ``(i) In general.--The Attorney General 
                        shall deputize individuals described in clause 
                        (ii) as Deputy Federal Air Marshals for the 
                        purpose of augmenting and assisting Federal Air 
                        Marshals.
                            ``(ii) Personnel.--The Attorney General 
                        shall utilize retired military personnel, 
                        retired Federal, State, and local law 
                        enforcement personnel, and active-duty Federal, 
                        State, and local law enforcement personnel from 
                        other government departments and agencies as 
                        Deputy Federal Air Marshals.
                            ``(iii) Compensation.--The Attorney General 
                        may employ personnel described in clause (ii)--
                                    ``(I) as volunteers;
                                    ``(II) by paying a reasonable per 
                                diem;
                                    ``(III) by employing a fee-for-
                                service or contract arrangement; or
                                    ``(IV) using any other method 
                                authorized by law.
            ``(3) Consultation.--In establishing the program, the 
        Attorney General shall consult with appropriate officials of--
                    ``(A) the United States Government (including the 
                Administrator of the Federal Aviation Administration or 
                his designated representative); and
                    ``(B) State and local governments in any geographic 
                area in which the program may operate.
            ``(4) Certification, training and examination of air 
        marshals; prior approval of employer to serve as deputy air 
        marshal.--
                    ``(A) In general.--Under the program, the Attorney 
                General shall provide appropriate training and 
                supervision of all air marshals, as well as appropriate 
                background and fitness examination of eligible 
                candidates as part of their certification.
                    ``(B) Employer approval.--Active Federal, State, or 
                local law enforcement officers who serve as Deputy 
                Federal Air Marshals shall receive approval to 
                participate in the program from their employer.
    ``(d) Powers and Status of Federal Air Marshals and Deputy Air 
Marshals.--
            ``(1) In general.--Subject to paragraph (2), Federal Air 
        Marshals and Deputy Federal Air Marshals may arrest and 
        apprehend an individual suspected of violating any Federal law 
        relating to security at airports or on board aircraft, 
        including any individual who violates a provision subject to a 
        civil penalty under section 46301, 46302, 46303, 46314, 46318, 
        46502, 46504, 46505, or 46507 of title 49, or who commits an 
        act described in section 46506 of title 49, or who violates a 
        provision subject to a criminal penalty under sections 32 and 
        37 of title 18.
            ``(2) Limitation.--The powers granted to a Deputy Federal 
        Air Marshal shall be limited to enforcing Federal laws relating 
        to security at airports or on board aircraft.
    ``(e) Statutory Construction.--Nothing in this section may be 
construed to--
            ``(1) grant any Federal Air Marshal or Deputy Federal Air 
        Marshal the power to enforce any Federal law that is not 
        described in subsection (d); or
            ``(2) limit the authority that a Federal, State, or local 
        law enforcement officer may otherwise exercise in the officer's 
        capacity under any other applicable law.
    ``(f) Regulations.--The Attorney General shall promulgate such 
regulations as may be necessary to carry out this section.
    ``(g) Cost Sharing.--The costs of the program shall be paid by--
            ``(1) the airlines in an amount not less than the amount 
        (as adjusted for inflation after the effective date of this 
        section) the airlines were paying for airport security on the 
        date before the effective date of this section;
            ``(2) State and units of local government in an amount not 
        less than the amount (as adjusted for inflation after the 
        effective date of this section) the States and units of local 
        government were paying for airport security on the date before 
        the effective date of this section; and
            ``(3) the Federal Government.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to carry out this section such 
        sums as may be necessary.
            ``(2) Limitation.--The Federal share of carrying out this 
        section shall be limited to the cost of the program after 
        payments by airlines and States and units of local government 
        pursuant to subsection (g).''.

SEC. 3. REPEAL.

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

SEC. 4. EFFECTIVE DATE.

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