[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1447 Engrossed in Senate (ES)]
107th CONGRESS
1st Session
S. 1447
_______________________________________________________________________
AN ACT
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation Security
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AVIATION SECURITY
Sec. 101. Findings.
Sec. 102. Transportation security function.
Sec. 103. Aviation Security Coordination Council.
Sec. 104. Improved flight deck integrity measures.
Sec. 105. Deployment of Federal air marshals.
Sec. 106. Improved airport perimeter access security.
Sec. 107. Enhanced anti-hijacking training for flight crews.
Sec. 108. Passenger and property screening.
Sec. 109. Training and employment of security screening personnel.
Sec. 110. Research and development.
Sec. 111. Flight school security.
Sec. 112. Report to Congress on security.
Sec. 113. General aviation and air charters.
Sec. 114. Increased penalties for interference with security personnel.
Sec. 115. Security-related study by FAA.
Sec. 116. Air transportation arrangements in certain States.
Sec. 117. Airline computer reservation systems.
Sec. 118. Security funding.
Sec. 119. Increased funding flexibility for aviation security.
Sec. 120. Authorization of funds for reimbursement of airports for
security mandates.
Sec. 121. Encouraging airline employees to report suspicious
activities.
Sec. 122. Less-than-lethal weaponry for flight deck crews.
Sec. 123. Mail and freight waivers.
Sec. 124. Safety and security of on-board supplies.
Sec. 125. Flight deck security
Sec. 126. Amendments to airmen registry authority.
Sec. 127. Results-based management.
Sec. 128. Use of facilities.
Sec. 129. Report on national air space restrictions put in place after
terrorist attacks that remain in place.
Sec. 130. Voluntary provision of emergency services during commercial
flights.
Sec. 131. Enhanced security for aircraft.
Sec. 132. Implementation of certain detection technologies.
Sec. 133. Report on new responsibilities of the Department of Justice
for aviation security.
Sec. 134. Definitions.
TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES
Subtitle A--Expanded Deployment and Utilization of Current Security
Technologies and Procedures
Sec. 201. Expanded deployment and utilization of current security
technologies and procedures.
Subtitle B--Short-Term Assessment and Deployment of Emerging Security
Technologies and Procedures
Sec. 211. Short-term assessment and deployment of emerging security
technologies and procedures.
Subtitle C--Research and Development of Aviation Security Technology
Sec. 221. Research and development of aviation security technology.
TITLE I--AVIATION SECURITY
SEC. 101. FINDINGS.
The Congress finds the following:
(1) The safety and security of the civil air transportation
system is critical to the United States' security and its
national defense.
(2) A safe and secure United States civil air
transportation system is essential to the basic freedom of
Americans to move in intrastate, interstate, and international
transportation.
(3) The terrorist hijackings and crashes of passenger
aircraft on September 11, 2001, converting civil aircraft into
guided bombs for strikes against civilian and military targets
requires the United States to change fundamentally the way it
approaches the task of ensuring the safety and security of the
civil air transportation system.
(4) The existing fragmentation of responsibility for that
safety and security among government agencies and between
government and nongovernment entities is inefficient and
unacceptable in light of the hijackings and crashes on
September 11, 2001.
(5) The General Accounting Office has recommended that
security functions and security personnel at United States
airports should become a Federal government responsibility.
(6) Although the number of Federal air marshals is
classified, their presence on both international and domestic
flights would have a deterrent effect on hijacking and would
further bolster public confidence in the safety of air travel.
(7) The effectiveness of existing security measures,
including employee background checks and passenger pre-
screening, is impaired because of the inaccessibility of, or
the failure to share information among, data bases maintained
by different Federal and international agencies for criminal
behavior or pertinent intelligence information.
SEC. 102. TRANSPORTATION SECURITY FUNCTION.
(a) In General.--Section 102 of title 49, United States Code, is
amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g); and
(2) by inserting after subsection (c) the following:
``(d) Deputy Secretary for Transportation Security.--
``(1) In general.--The Department has a Deputy Secretary
for Transportation Security, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Deputy Secretary for Transportation Security shall carry
out duties and powers prescribed by the Secretary relating to
security for all modes of transportation.
``(2) Aviation-related duties.--The Deputy Secretary--
``(A) shall coordinate and direct, as appropriate,
the functions and responsibilities of the Secretary of
Transportation and the Administrator of the Federal
Aviation Administration under chapter 449;
``(B) shall work in conjunction with the
Administrator of the Federal Aviation Administration
with respect to any actions or activities that may
affect aviation safety or air carrier operations; and
``(C) shall actively cooperate and coordinate with
the Attorney General, the Secretary of Defense, and the
heads of other appropriate Federal agencies and
departments with responsibilities for national security
and criminal justice enforcement activities that are
related to aviation security through the Aviation
Security Coordination Council.
``(3) National emergency responsibilities.--Subject to the
direction and control of the Secretary, the Deputy Secretary
shall have the following responsibilities:
``(A) To coordinate domestic transportation during
a national emergency, including aviation, rail, and
other surface transportation, and maritime
transportation (including port security).
``(B) To coordinate and oversee during a national
emergency the transportation-related responsibilities
of other departments and agencies of the Federal
Government other than the Department of Defense and the
military departments.
``(C) To establish uniform national standards and
practices for transportation during a national
emergency.
``(D) To coordinate and provide notice to other
departments and agencies of the Federal Government, and
appropriate agencies of State and local governments,
including departments and agencies for transportation,
law enforcement, and border control, about threats to
transportation during a national emergency.
``(E) To carry out such other duties, and exercise
such other powers, relating to transportation during a
national emergency as the Secretary of Transportation
shall prescribe.
``(4) Relationship to other transportation authority.--The
authority of the Deputy Secretary under paragraph (3) to
coordinate and oversee transportation and transportation-
related responsibilities during a national emergency shall not
supersede the authority of any other department or agency of
the Federal Government under law with respect to transportation
or transportation-related matters, whether or not during a
national emergency.
``(5) Annual report.--The Deputy Secretary shall submit to
the Congress on an annual basis a report on the activities of
the Deputy Secretary under paragraph (3) during the preceding
year.
``(6) National emergency.--The Secretary of Transportation
shall prescribe the circumstances constituting a national
emergency for purposes of paragraph (3).''.
(b) Attorney General Responsibilities.--The Attorney General of the
United States--
(1) is responsible for day-to-day Federal security
screening operations for passenger air transportation or
intrastate air transportation under sections 44901 and 44935 of
title 49, United States Code;
(2) shall work in conjunction with the Administrator of the
Federal Aviation Administration with respect to any actions or
activities that may affect aviation safety or air carrier
operations;
(3) is responsible for hiring and training personnel to
provide security screening at all United States airports
involved in passenger air transportation or intrastate air
transportation, in consultation with the Secretary of
Transportation, the Secretary of Defense, and the heads of
other appropriate Federal agencies and departments; and
(4) shall actively cooperate and coordinate with the
Secretary of Transportation, the Secretary of Defense, and the
heads of other appropriate Federal agencies and departments
with responsibilities for national security and criminal
justice enforcement activities that are related to aviation
security through the Aviation Security Coordination Council.
(c) Review and Development of Ways To Strengthen Security.--Section
44932(c) of title 49, United States Code, is amended--
(1) by striking ``x-ray'' in paragraph (4);
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking ``passengers.'' in paragraph (5) and
inserting ``passengers;''; and
(4) by adding at the end the following:
``(6) to strengthen and enhance the ability to detect
nonexplosive weapons, such as biological, chemical, or similar
substances; and
``(7) to evaluate such additional measures as may be
appropriate to enhance physical inspection of passengers,
luggage, and cargo.''.
(d) Transition.--Until the Deputy Secretary for Transportation
Security takes office, the functions of the Deputy Secretary that
relate to aviation security shall be carried out by the Assistant
Administrator for Civil Aviation Security of the Federal Aviation
Administration.
SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.
(a) In General.--Section 44911 of title 49, United States Code, is
amended by adding at the end the following:
``(f) Aviation Security Coordination Council.--
``(1) In general.--There is established an Aviation
Security Coordination Council.
``(2) Function.--The Council shall work with the
intelligence community to coordinate intelligence, security,
and criminal enforcement activities affecting the safety and
security of aviation at all United States airports and air
navigation facilities involved in air transportation or
intrastate air transportation.
``(3) Chair.--The Council shall be chaired by the Secretary
of Transportation or the Secretary's designee.
``(4) Membership.--The members of the Council are:
``(A) The Secretary of Transportation, or the
Secretary's designee.
``(B) The Attorney General, or the Attorney
General's designee.
``(C) The Secretary of Defense, or the Secretary's
designee.
``(D) The Secretary of the Treasury, or the
Secretary's designee.
``(E) The Director of the Central Intelligence
Agency, or the Director's designee.
``(F) The head, or an officer or employee
designated by the head, of any other Federal agency the
participation of which is determined by the Secretary
of Transportation, in consultation with the Attorney
General, to be appropriate.
``(g) Cross-checking Data Base Information.--The Secretary of
Transportation, acting through the Aviation Security Coordination
Council, shall--
``(1) explore the technical feasibility of developing a
common database of individuals who may pose a threat to
aviation or national security;
``(2) enter into memoranda of understanding with other
Federal agencies to share or otherwise cross-check data on such
individuals identified on Federal agency data bases, and may
utilize other available data bases as necessary; and
``(3) evaluate and assess technologies in development or
use at Federal departments, agencies, and instrumentalities
that might be useful in improving the safety and security of
aviation in the United States.''.
(b) Policies and Procedures.--Section 44911(b) of title 49, United
States Code, is amended by striking ``international''.
(c) Strategic Planning.--Section 44911(c) of title 49, United
States Code, is amended by striking ``consider placing'' and inserting
``place''.
SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.
(a) In General.--As soon as possible after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall--
(1) issue an order (without regard to the provisions of
chapter 5 of title 5, United States Code)--
(A) prohibiting access to the flight deck of
aircraft engaged in passenger air transportation or
intrastate air transportation except to authorized
personnel;
(B) requiring the strengthening of the flight deck
door and locks on any such aircraft operating in air
transportation or intrastate air transportation that
has a rigid door in a bulkhead between the flight deck
and the passenger area to ensure that the door cannot
be forced open from the passenger compartment;
(C) requiring that such flight deck doors remain
locked while any such aircraft is in flight except when
necessary to permit the flight deck crew access and
egress; and
(D) prohibiting the possession of a key to any such
flight deck door by any member of the flight crew who
is not assigned to the flight deck; and
(2) take such other action, including modification of
safety and security procedures, as may be necessary to ensure
the safety and security of the aircraft.
(b) Commuter Aircraft.--The Administrator shall investigate means
of securing, to the greatest feasible extent, the flight deck of
aircraft operating in air transportation or intrastate air
transportation that do not have a rigid fixed door with a lock between
the passenger compartment and the flight deck and issue such an order
as the Administrator deems appropriate (without regard to the
provisions of chapter 5 of title 5, United States Code) to ensure the
inaccessibility, to the greatest extent feasible, of the flight deck
while the aircraft is so engaged.
SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.
(a) Air Marshals Under Attorney General Guidelines.--The Attorney
General shall prescribe guidelines for the training and deployment of
individuals authorized, with the approval of the Attorney General, to
carry firearms and make arrests under section 44903(d) of title 49,
United States Code. The Secretary of Transportation shall administer
the air marshal program under that section in accordance with the
guidelines prescribed by the Attorney General.
(b) Deployment.--Section 44903(d) of title 49, United States Code,
is amended--
(1) by inserting ``(1)'' before ``With'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B); and
(3) by adding at the end the following:
``(2) The Secretary--
``(A) may place Federal air marshals on every scheduled
passenger flight in air transportation and intrastate air
transportation; and
``(B) shall place them on every such flight determined by
the Secretary to present high security risks.
``(3) In making the determination under paragraph (2)(B), nonstop
longhaul flights, such as those targeted on September 11, 2001, should
be a priority.''.
(c) Training, Supervision, and Flight Assignment.--Within 30 days
after the date of enactment of this Act, the Secretary of
Transportation, under the authority of subsections (d) and (e) of
section 44903 of title 49, United States Code, shall--
(1) provide for deployment of Federal air marshals on
flights in air transportation and 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; and
(4) require air carriers to provide seating for Federal air
marshals on any flight without regard to the availability of
seats on that flight.
(d) International Flights.--The Secretary shall work with the
International Civil Aviation Organization and with appropriate civil
aviation authorities of foreign governments under section 44907 of
title 49, United States Code, to address security concerns on flights
by foreign air carriers to and from the United States.
(e) Interim Measures.--The Secretary may, after consultation with
the heads of other Federal agencies and departments, use personnel from
those agencies and departments to provide air marshal service on
domestic and international flights, and may use the authority provided
by section 324 of title 49, United States Code, for such purpose.
(f) Reports.--
(1) In general.--The Attorney General and the Secretary of
Transportation shall submit the following reports in classified
form, if necessary, to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure:
(A) Within 18 months after the date of enactment of
this Act, an assessment of the program carried out
under section 44903(d) of title 49, United States Code.
(B) Within 120 days after such date, an assessment
of the effectiveness of the security screening process
for carry-on baggage and checked baggage.
(C) Within 6 months after the date of enactment of
this Act, an assessment of the safety and security-
related training provided to flight and cabin crews.
(2) Recommendations.--The Attorney General and the
Secretary may submit, as part of any report under this
subsection or separately, any recommendations they may have for
improving the effectiveness of the Federal air marshal program
or the security screening process.
(g) Cooperation with Other Agencies.--The last sentence of section
106(m) of title 49, United States Code, is amended by striking
``supplies and'' and inserting ``supplies, personnel, services, and''.
(h) Authority to Appoint Retired Law Enforcement Officers.--
Notwithstanding any other provision of law, the Secretary of
Transportation may appoint an individual who is a retired law
enforcement officer or a retired member of the Armed Forces as a
Federal air marshal, regardless of age, or an individual discharged or
furloughed from a commercial airline cockpit crew position, if the
individual otherwise meets the background and fitness qualifications
required for Federal air marshals.
SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.
(a) In General.--Section 44903 of title 49, United States Code, is
amended by adding at the end the following:
``(h) Improved Airport Perimeter Access Security.--
``(1) In general.--The Secretary of Transportation, in
consultation with the airport operator and law enforcement
authorities, may order the deployment of such personnel at any
secure area of the airport as necessary to counter the risk of
criminal violence, the risk of aircraft piracy at the airport,
the risk to air carrier aircraft operations at the airport, or
to meet national security concerns.
``(2) Security of aircraft and ground access to secure
areas.--In determining where to deploy such personnel, the
Secretary shall consider the physical security needs of air
traffic control facilities, parked aircraft, aircraft servicing
equipment, aircraft supplies (including fuel), automobile
parking facilities within airport perimeters or adjacent to
secured facilities, and access and transition areas at airports
served by other means of ground or water transportation. The
Secretary of Transportation, after consultation with the
Aviation Security Coordination Council, shall consider whether
airport, air carrier personnel, and other individuals with
access to such areas should be screened to prevent individuals
who present a risk to aviation security or national security
from gaining access to such areas.
``(3) Deployment of federal law enforcement personnel.--The
Secretary of Transportation may enter into a memorandum of
understanding or other agreement with the Attorney General or
the head of any other appropriate Federal law enforcement
agency to deploy Federal law enforcement personnel at an
airport in order to meet aviation safety and security
concerns.''.
(b) Small and Medium Airports.--The Administrator of the Federal
Aviation Administration shall develop a plan to provide technical
support to small and medium airports to enhance security operations,
including screening operations, and to provide financial assistance to
those airports to defray the costs of enhancing security. The Federal
Aviation Administration in consultation with the appropriate State or
local government law enforcement authorities, shall reexamine the
safety requirements for small community airports, to reflect a
reasonable level of threat to those individual small community
airports, including the parking of passenger vehicles within 300 feet
of the airport terminal building with respect to that airport.
(c) Chemical and Biological Weapon Detection.--Section
44903(c)(2)(C) of title 49, United States Code, is amended to read as
follows:
``(C) Maximum use of chemical and biological weapon
detection equipment.--The Secretary of Transportation shall
require airports to maximize the use of technology and
equipment that is designed to detect potential chemical or
biological weapons.''.
(d) Improvement of Secured-Area Access Control.--Section
44903(g)(2) of title 49, United States Code, is amended--
(1) by striking ``weaknesses by January 31, 2001;'' in
subparagraph (A) and inserting ``weaknesses;'';
(2) by striking subparagraph (D) and inserting the
following:
``(D) on an ongoing basis, assess and test for
compliance with access control requirements, report
annually findings of the assessments, and assess the
effectiveness of penalties in ensuring compliance with
security procedures and take any other appropriate
enforcement actions when noncompliance is found;'';
(3) by striking ``program by January 31, 2001;'' in
subparagraph (F) and inserting ``program;''; and
(4) by striking subparagraph (G) and inserting the
following:
``(G) work with airport operators to strengthen
access control points in secured areas (including air
traffic control operations areas, maintenance areas,
crew lounges, baggage handling areas, concessions, and
catering delivery areas) to ensure the security of
passengers and aircraft and consider the deployment of
biometric or similar technologies that identify
individuals based on unique personal
characteristics.''.
(e) Airport Security Pilot Program.--Section 44903(c) of title 49,
United States Code, is amended by adding at the end the following:
``(3) The Administrator shall establish pilot programs in no fewer
than 20 airports to test and evaluate new and emerging technology for
providing access control and other security protections for closed or
secure areas of the airports. Such technology may include biometric or
other technology that ensures only authorized access to secure
areas.''.
(f) Airport Security Awareness Programs.--The Secretary of
Transportation shall require air carriers and airports involved in air
transportation or intrastate air transportation to develop security
awareness programs for airport employees, ground crews, and other
individuals employed at such airports.
SEC. 107. ENHANCED ANTI-HIJACKING TRAINING FOR FLIGHT CREWS.
(a) In General.--The Secretary of Transportation shall develop a
mandatory air carrier program of training for flight and cabin crews of
aircraft providing air transportation or intrastate air transportation
in dealing with attempts to commit aircraft piracy (as defined in
section 46502(a)(1)(A) of title 49, United States Code). The Secretary
shall ensure that the training curriculum is developed in consultation
with Federal law enforcement agencies with expertise in terrorism,
self-defense, hijacker psychology, and current threat conditions.
(b) Notification Procedures.--The Administrator of the Federal
Aviation Administration shall revise the procedures by which cabin
crews of aircraft can notify flight deck crews of security breaches and
other emergencies and implement any new measures as soon as
practicable.
SEC. 108. PASSENGER AND PROPERTY SCREENING.
(a) In General.--Section 44901 of title 49, United States Code, is
amended to read as follows:
``Sec. 44901. Screening passengers, individuals with access to secure
areas, and property
``(a) In General.--The Attorney General, in consultation with the
Secretary of Transportation, shall provide for the screening of all
passengers and property, including United States mail, cargo, carry-on
and checked baggage, and other articles, that will be carried aboard an
aircraft in air transportation or intrastate air transportation. The
screening shall take place before boarding and, except as provided in
subsection (c), shall be carried out by a Federal government employee
(as defined in section 2105 of title 5, United States Code). The
Attorney General, in consultation with the Secretary, shall provide for
the screening of all persons, including airport, air carrier, foreign
air carrier, and airport concessionaire employees, before they are
allowed into sterile or secure areas of the airport, as determined by
the Attorney General. The screening of airport, air carrier, foreign
air carrier, and airport concessionaire employees, and other
nonpassengers with access to secure areas, shall be conducted in the
same manner as passenger screenings are conducted, except that the
Attorney General may authorize alternative screening procedures for
personnel engaged in providing airport or aviation security at an
airport. In carrying out this subsection, the Attorney General shall
maximize the use of available nonintrusive and other inspection and
detection technology that is approved by the Administrator of the
Federal Aviation Administration for the purpose of screening
passengers, baggage, mail, or cargo.
``(b) Deployment of Armed Personnel.--
``(1) In general.--The Attorney General shall order the
deployment of law enforcement personnel authorized to carry
firearms at each airport security screening location to ensure
passenger safety and national security.
``(2) Minimum requirements.--Except at airports required to
enter into agreements under subsection (c), the Attorney
General shall order the deployment of at least 1 law
enforcement officer at each airport security screening
location. At the 100 largest airports in the United States, in
terms of annual passenger enplanements for the most recent
calendar year for which data are available, the Attorney
General shall order the deployment of additional law
enforcement personnel at airport security screening locations
if the Attorney General determines that the additional
deployment is necessary to ensure passenger safety and national
security.
``(c) Security at Small Community Airports.--
``(1) Passenger screening.--In carrying out subsection (a)
and subsection (b)(1), the Attorney General may require any
nonhub airport (as defined in section 41731(a)(4)) or smaller
airport with scheduled passenger operations to enter into an
agreement under which screening of passengers and property will
be carried out by qualified, trained State or local law
enforcement personnel if--
``(A) the screening services are equivalent to the
screening services that would be carried out by Federal
personnel under subsection (a);
``(B) the training and evaluation of individuals
conducting the screening or providing security services
meets the standards set forth in section 44935 for
training and evaluation of Federal personnel conducting
screening or providing security services under
subsection (a);
``(C) the airport is reimbursed by the United
States, using funds made available by the Aviation
Security Act, for the costs incurred in providing the
required screening, training, and evaluation; and
``(D) the Attorney General has consulted the
airport sponsor.
``(2) Determination of limited requirements.--The Attorney
General, in consultation with the Secretary of Transportation,
may prescribe modified aviation security measures for a nonhub
airport if the Attorney General determines that specific
security measures are not required at a nonhub airport at all
hours of airport operation because of--
``(A) the types of aircraft that use the airport;
``(B) seasonal variations in air traffic and types
of aircraft that use the airport; or
``(C) other factors that warrant modification of
otherwise applicable security requirements.
``(3) Additional federal security measures.--At any airport
required to enter into a reimbursement agreement under
paragraph (1), the Attorney General--
``(A) may provide or require additional security
measures;
``(B) may conduct random security inspections; and
``(C) may provide assistance to enhance airport
security at that airport.
``(d) Manual Process.--
``(1) In general.--The Attorney General shall require a
manual process, at explosive detection system screening
locations in airports where explosive detection equipment is
underutilized, which will augment the Computer Assisted
Passenger Prescreening System by randomly selecting additional
checked bags for screening so that a minimum number of bags, as
prescribed by the Attorney General, are examined.
``(2) Limitation on statutory construction.--Paragraph (1)
shall not be construed to limit the ability of the Attorney
General or the Secretary of Transportation to impose additional
security measures when a specific threat warrants such
additional measures.
``(3) Maximum use of explosive detection equipment.--In
prescribing the minimum number of bags to be examined under
paragraph (1), the Attorney General shall seek to maximize the
use of the explosive detection equipment.
``(e) Flexibility of Arrangements.--In carrying out subsections
(a), (b), and (c), the Attorney General may use memoranda of
understanding or other agreements with the heads of appropriate Federal
law enforcement agencies covering the utilization and deployment of
personnel of the Department of Justice or such other agencies.''.
(b) Deputizing of State and Local Law Enforcement Officers.--
Section 512 of the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century is amended--
(1) by striking ``purpose of'' in subsection (b)(1)(A) and
inserting ``purposes of (i)'';
(2) by striking ``transportation;'' in subsection (b)(1)(A)
and inserting ``transportation, and (ii) regulate the
provisions of security screening services under section
44901(c) of title 49, United States Code;'';
(3) by striking ``not federal responsibility'' in the
heading of subsection (b)(3)(b);
(4) by striking ``shall not be responsible for providing''
in subsection (b)(3)(B) and inserting ``may provide'';
(5) by striking ``flight.'' in subsection (c)(2) and
inserting ``flight and security screening functions under
section 44901(c) of title 49, United States Code.'';
(6) by striking ``General'' in subsection (e) and inserting
``General, in consultation with the Secretary of
Transportation,''; and
(7) by striking subsection (f).
(c) Transition.--The Attorney General shall complete the full
implementation of section 44901 of title 49, United States Code, as
amended by subsection (a), as soon as is practicable but in no event
later than 9 months after the date of enactment of this Act. The
Attorney General may make or continue such arrangements, including
arrangements under the authority of sections 40110 and 40111 of that
title, for the screening of passengers and property under that section
as the Attorney General determines necessary pending full
implementation of that section as so amended.
SEC. 109. TRAINING AND EMPLOYMENT OF SECURITY SCREENING PERSONNEL.
(a) In General.--Section 44935 of title 49, United States Code, is
amended--
(1) by redesignating subsection (f) as subsection (i); and
(2) by striking subsection (e) and inserting the following:
``(e) Security Screeners.--
``(1) Training program.--The Attorney General, in
consultation with the Secretary of Transportation, shall
establish a program for the hiring and training of security
screening personnel.
``(2) Hiring.--
``(A) Qualifications.--The Attorney General shall
establish, within 30 days after the date of enactment
of the Aviation Security Act, qualification standards
for individuals to be hired by the United States as
security screening personnel. Notwithstanding any
provision of law to the contrary, those standards
shall, at a minimum, require an individual--
``(i) to have a satisfactory or better
score on a Federal security screening personnel
selection examination;
``(ii) to have been a national of the
United States, as defined in section 101(a)(22)
of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)), for a minimum of 5
consecutive years;
``(iii) to have passed an examination for
recent consumption of a controlled substance;
``(iv) to meet, at a minimum, the
requirements set forth in subsection (f); and
``(v) to meet such other qualifications as
the Attorney General may establish.
``(B) Background checks.--The Attorney General
shall require that an individual to be hired as a
security screener undergo an employment investigation
(including a criminal history record check) under
section 44936(a)(1).
``(C) Disqualification of individuals who present
national security risks.--The Attorney General, in
consultation with the heads of other appropriate
Federal agencies, shall establish procedures, in
addition to any background check conducted under
section 44936, to ensure that no individual who
presents a threat to national security is employed as a
security screener.
``(3) Examination; review of existing rules.--The Attorney
General shall develop a security screening personnel
examination for use in determining the qualification of
individuals seeking employment as security screening personnel.
The Attorney General shall also review, and revise as
necessary, any standard, rule, or regulation governing the
employment of individuals as security screening personnel.
``(f) Employment Standards for Screening Personnel.--
``(1) Screener requirements.--Notwithstanding any provision
of law to the contrary, an individual may not be employed as a
security screener unless that individual meets the following
requirements:
``(A) The individual shall possess a high school
diploma, a General Equivalency Diploma, or experience
that the Attorney General has determined to have
equipped the individual to perform the duties of the
position.
``(B) The individual shall possess basic aptitudes
and physical abilities including color perception,
visual and aural acuity, physical coordination, and
motor skills to the following standards:
``(i) Screeners operating screening
equipment shall be able to distinguish on the
screening equipment monitor the appropriate
imaging standard specified by the Attorney
General. Wherever the screening equipment
system displays colors, the operator shall be
able to perceive each color.
``(ii) Screeners operating any screening
equipment shall be able to distinguish each
color displayed on every type of screening
equipment and explain what each color
signifies.
``(iii) Screeners shall be able to hear and
respond to the spoken voice and to audible
alarms generated by screening equipment in an
active checkpoint environment.
``(iv) Screeners performing physical
searches or other related operations shall be
able to efficiently and thoroughly manipulate
and handle such baggage, containers, and other
objects subject to security processing.
``(v) Screeners who perform pat-downs or
hand-held metal detector searches of
individuals shall have sufficient dexterity and
capability to thoroughly conduct those
procedures over a individual's entire body.
``(C) The individual shall be able to read, speak,
and write English well enough to--
``(i) carry out written and oral
instructions regarding the proper performance
of screening duties;
``(ii) read English language identification
media, credentials, airline tickets, and labels
on items normally encountered in the screening
process;
``(iii) provide direction to and understand
and answer questions from English-speaking
individuals undergoing screening; and
``(iv) write incident reports and
statements and log entries into security
records in the English language.
``(D) The individual shall have satisfactorily
completed all initial, recurrent, and appropriate
specialized training required by the security program,
except as provided in paragraph (2).
``(2) Exceptions.--An individual who has not completed the
training required by this section may be employed during the
on-the-job portion of training to perform functions if that
individual--
``(A) is closely supervised; and
``(B) does not make independent judgments as to
whether individuals or property may enter a sterile
area or aircraft without further inspection.
``(3) Remedial training.--No individual employed as a
security screener may perform a screening function after that
individual has failed an operational test related to that
function until that individual has successfully completed the
remedial training specified in the security program.
``(4) Annual proficiency review.--The Attorney General
shall provide that an annual evaluation of each individual
assigned screening duties is conducted and documented. An
individual employed as a security screener may not continue to
be employed in that capacity unless the evaluation demonstrates
that the individual--
``(A) continues to meet all qualifications and
standards required to perform a screening function;
``(B) has a satisfactory record of performance and
attention to duty based on the standards and
requirements in the security program; and
``(C) demonstrates the current knowledge and skills
necessary to courteously, vigilantly, and effectively
perform screening functions.
``(5) Operational testing.--In addition to the annual
proficiency review conducted under paragraph (4), the Attorney
General shall provide for the operational testing of such
personnel.
``(g) Training.--
``(1) Use of other agencies.--The Attorney General shall
enter into a memorandum of understanding or other arrangement
with any other Federal agency or department with appropriate
law enforcement responsibilities, to provide personnel,
resources, or other forms of assistance in the training of
security screening personnel.
``(2) Training plan.--The Attorney General shall, within 60
days after the date of enactment of the Aviation Security Act,
develop a plan for the training of security screening
personnel. The plan shall, at a minimum, require that before
being deployed as a security screener, an individual--
``(A) has completed 40 hours of classroom
instruction or successfully completed a program that
the Attorney General determines will train individuals
to a level of proficiency equivalent to the level that
would be achieved by such classroom instruction;
``(B) has completed 60 hours of on-the-job
instruction; and
``(C) has successfully completed an on-the-job
training examination prescribed by the Attorney
General.
``(3) Equipment-specific training.--An individual employed
as a security screener may not use any security screening
device or equipment in the scope of that individual's
employment unless the individual has been trained on that
device or equipment and has successfully completed a test on
the use of the device or equipment.
``(h) Technological Training.--The Attorney General shall require
training to ensure that screeners are proficient in using the most up-
to-date new technology and to ensure their proficiency in recognizing
new threats and weapons. The Attorney General shall make periodic
assessments to determine if there are dual use items and inform
security screening personnel of the existence of such items. Current
lists of dual use items shall be part of the ongoing training for
screeners. For purposes of this subsection, the term `dual use' item
means an item that may seem harmless but that may be used as a
weapon.''.
(b) Conforming Amendments.--
(1) Section 44936(a)(1)(A) is amended by inserting ``as a
security screener under section 44935(e) or a position'' after
``a position''.
(2) Section 44936(b) of title 49, United States Code, is
amended--
(A) by inserting ``the Attorney General,'' after
``subsection,'' in paragraph (1); and
(B) by striking ``An'' in paragraph (3) and
inserting ``The Attorney General, an''.
(3) Section 44936(a)(1)(E) is amended by striking clause
(iv).
(c) Transition.--The Attorney General shall complete the full
implementation of section 44935 (e), (f), (g), and (h) of title 49,
United States Code, as amended by subsection (a), as soon as is
practicable. The Attorney General may make or continue such
arrangements for the training of security screeners under that section
as the Attorney General determines necessary pending full
implementation of that section as so amended.
(d) Screener Personnel.--Notwithstanding any other provision of
law, the Attorney General may employ, appoint, discipline, terminate,
and fix the compensation, terms, and conditions of employment of
Federal service for such a number of individuals as the Attorney
General determines to be necessary to carry out the passenger security
screening functions of the Attorney General under section 44901 of
title 49, United States Code.
(e) Strikes Prohibited.--An individual employed as a security
screener under section 44901 of title 49, United States Code, is
prohibited from participating in a strike or asserting the right to
strike pursuant to section 7311(3) or 7116(b)(7) of title 5, United
States Code.
(f) Background Checks for Existing Employees.--
(1) In general.--Section 44936 of title 49, United States
Code, is amended by inserting ``is or'' before ``will'' in
subsection (a)(1)(B)(i).
(2) Effective date.--The amendments made by paragraph (1)
apply with respect to individuals employed on or after the date
of enactment of the Aviation Security Act in a position
described in subparagraph (A) or (B) of section 44936(a)(1) of
title 49, United States Code. The Secretary of Transportation
may provide by order for a phased-in implementation of the
requirements of section 44936 of that title made applicable to
individuals employed in such positions at airports on the date
of enactment of this Act.
SEC. 110. RESEARCH AND DEVELOPMENT.
(a) In General.--Section 44912(b)(1) of title 49, United States
Code, is amended--
(1) by striking ``complete an intensive review of'' and
inserting ``periodically review'';
(2) by striking ``commercial aircraft in service and
expected to be in service in the 10-year period beginning on
November 16, 1990;'' in subparagraph (B) and inserting
``aircraft in air transportation;''; and
(3) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively, and inserting
after subparagraph (C) the following:
``(D) the potential release of chemical,
biological, or similar weapons or devices either within
an aircraft or within an airport;''.
(b) Additional Matters Regarding Research and Development.--
(1) Additional program requirements.--Subsection (a) of
section 44912 of title 49, United States Code, is amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4)(A) In carrying out the program established under this
subsection, the Administrator shall designate an individual to be
responsible for engineering, research, and development with respect to
security technology under the program.
``(B) The individual designated under subparagraph (A) shall use
appropriate systems engineering and risk management models in making
decisions regarding the allocation of funds for engineering, research,
and development with respect to security technology under the program.
``(C) The individual designated under subparagraph (A) shall, on an
annual basis, submit to the Research, Engineering and Development
Advisory Committee a report on activities under this paragraph during
the preceding year. Each report shall include, for the year covered by
such report, information on--
``(i) progress made in engineering, research, and
development with respect to security technology;
``(ii) the allocation of funds for engineering, research,
and development with respect to security technology; and
``(iii) engineering, research, and development with respect
to any technologies drawn from other agencies, including the
rationale for engineering, research, and development with
respect to such technologies.''.
(2) Review of threats.--Subsection (b)(1) of that section
is amended--
(A) by redesignating subparagraphs (A) through (F)
as subparagraphs (B) through (G), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) a comprehensive systems analysis (employing
vulnerability analysis, threat attribute definition, and
technology roadmaps) of the civil aviation system, including--
``(i) the destruction, commandeering, or diversion
of civil aircraft or the use of civil aircraft as a
weapon; and
``(ii) the disruption of civil aviation service,
including by cyber attack;''.
(3) Scientific advisory panel.--Subsection (c) of that
section is amended to read as follows:
``(c) Scientific Advisory Panel.--(1) The Administrator shall
establish a scientific advisory panel, as a subcommittee of the
Research, Engineering, and Development Advisory Committee, to review,
comment on, advise the progress of, and recommend modifications in, the
program established under subsection (a) of this section, including the
need for long-range research programs to detect and prevent
catastrophic damage to commercial aircraft, commercial aviation
facilities, commercial aviation personnel and passengers, and other
components of the commercial aviation system by the next generation of
terrorist weapons.
``(2)(A) The advisory panel shall consist of individuals who have
scientific and technical expertise in--
``(i) the development and testing of effective explosive
detection systems;
``(ii) aircraft structure and experimentation to decide on
the type and minimum weights of explosives that an effective
explosive detection technology must be capable of detecting;
``(iii) technologies involved in minimizing airframe damage
to aircraft from explosives; and
``(iv) other scientific and technical areas the
Administrator considers appropriate.
``(B) In appointing individuals to the advisory panel, the
Administrator should consider individuals from academia and the
national laboratories, as appropriate.
``(3) The Administrator shall organize the advisory panel into
teams capable of undertaking the review of policies and technologies
upon request.
``(4) Not later than 90 days after the date of the enactment of the
Aviation Security Act, and every two years thereafter, the
Administrator shall review the composition of the advisory panel in
order to ensure that the expertise of the individuals on the panel is
suited to the current and anticipated duties of the panel.''.
(c) Coordination with Attorney General.--Section 44912(b) of title
49, United States Code, is amended by adding at the end the following:
``(3) Beginning on the date of enactment of the Aviation Security
Act, the Administrator shall conduct all research related to screening
technology and procedures in conjunction with the Attorney General.''.
SEC. 111. FLIGHT SCHOOL SECURITY.
(a) Prohibition.--Chapter 449 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 44939. Training to operate jet-propelled aircraft
``(a) Prohibition.--No person subject to regulation under this part
may provide training in the operation of any jet-propelled aircraft to
any alien (or other individual specified by the Secretary of
Transportation under this section) within the United States unless the
Attorney General issues to that person a certification of the
completion of a background investigation of the alien or other
individual under subsection (b).
``(b) Investigation.--
``(1) Request.--Upon the joint request of a person subject
to regulation under this part and an alien (or individual
specified by the Secretary) for the purposes of this section,
the Attorney General shall--
``(A) carry out a background investigation of the
alien or individual within 30 days after the Attorney
General receives the request; and
``(B) upon completing the investigation, issue a
certification of the completion of the investigation to
the person.
``(2) Scope.--A background investigation of an alien or
individual under this subsection shall consist of the
following:
``(A) A determination of whether there is a record
of a criminal history for the alien or individual and,
if so, a review of the record.
``(B) A determination of the status of the alien
under the immigration laws of the United States.
``(C) A determination of whether the alien or
individual presents a national security risk to the
United States.
``(3) Recurrent training.--The Attorney General shall
develop expedited procedures for requests that relate to
recurrent training of an alien or other individual for whom a
certification has previously been issued under paragraph (1).
``(c) Sanctions.--A person who violates subsection (a) shall be
subject to administrative sanctions that the Secretary of
Transportation shall prescribe in regulations. The sanctions may
include suspension and revocation of licenses and certificates issued
under this part.
``(d) Covered Training.--For the purposes of subsection (a),
training includes in-flight training, training in a simulator, and any
other form or aspect of training.
``(e) Reporting Requirement.--Each person subject to regulation
under this part that provides training in the operation of any jet-
propelled aircraft shall report to the Secretary of Transportation, at
such time and in such manner as the Secretary may prescribe, the name,
address, and such other information as the Secretary may require
concerning--
``(1) each alien to whom such training is provided; and
``(2) every other individual to whom such training is
provided as the Secretary may require.
``(f) Alien Defined.--In this section, the term `alien' has the
meaning given the term in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``44939. Training to operate jet-propelled aircraft.''.
(c) International Cooperation.--The Secretary of Transportation, in
consultation with the Secretary of State, shall work with the
International Civil Aviation Organization and the civil aviation
authorities of other countries to improve international aviation
security through screening programs for flight instruction candidates.
SEC. 112. REPORT TO CONGRESS ON SECURITY.
Within 60 days after the date of enactment of this Act, the
Attorney General and the Secretary of Transportation shall transmit a
report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and
Infrastructure containing their joint recommendations on additional
measures for the Federal Government to address transportation security
functions.
SEC. 113. GENERAL AVIATION AND AIR CHARTERS.
The Secretary of Transportation shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure within 3
months after the date of enactment of this Act a report on how to
improve security with respect to general aviation and air charter
operations in the United States.
SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY PERSONNEL.
(a) In General.--Chapter 465 of title 49, United States Code, is
amended by inserting after section 46502 the following:
``Sec. 46503. Interference with security screening personnel
``An individual in an area within a commercial service airport in
the United States who, by assaulting or intimidating a Federal,
airport, or air carrier employee who has security duties within the
airport, interferes with the performance of the duties of the employee
or lessens the ability of the employee to perform those duties, shall
be fined under title 18, imprisoned for not more than 10 years, or
both. If the individual used a dangerous weapon in committing the
assault, intimidation, or interference, the individual may be
imprisoned for any term of years or life imprisonment.''.
(b) Conforming Amendment.--The chapter analysis for chapter 465 of
such title is amended by inserting after the item relating to section
46502 the following:
``46503. Interference with security screening personnel''.
SEC. 115. SECURITY-RELATED STUDY BY FAA.
Within 120 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall transmit to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
a report setting forth the Administrator's findings and recommendations
on the following aviation security-related issues:
(1) A requirement that individuals employed at an airport
with scheduled passenger service, and law enforcement personnel
at such an airport, be screened via electronic identity
verification or, until such verification is possible, have
their identity verified by visual inspection.
(2) The installation of switches in the cabin for use by
cabin crew to notify the flight crew discreetly that there is a
security breach in the cabin.
(3) A requirement that air carriers and airports revalidate
all employee identification cards using hologram stickers,
through card re-issuance, or through electronic revalidation.
(4) The updating of the common strategy used by the
Administration, law enforcement agencies, air carriers, and
flight crews during hijackings to include measures to deal with
suicidal hijackers and other extremely dangerous events not
currently dealt with by the strategy.
(5) The use of technology that will permit enhanced instant
communications and information between airborne passenger
aircraft and appropriate individuals or facilities on the
ground.
SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.
(a) In General.--Notwithstanding any provision of section 41309(a)
of title 49, United States Code, to the contrary, air carriers
providing air transportation on flights which both originate and
terminate at points within the same State may file an agreement,
request, modification, or cancellation of an agreement within the scope
of that section with the Secretary of Transportation upon a declaration
by the Governor of the State that such agreement, request,
modification, or cancellation is necessary to ensure the continuing
availability of such air transportation within that State.
(b) Approval of Secretary.--The Secretary may approve any such
agreement, request, modification, or cancellation and grant an
exemption under section 41308(c) of title 49, United States Code, to
the extent necessary to effectuate such agreement, request,
modification, or cancellation, without regard to the provisions of
section 41309(b) or (c) of that title.
(c) Public Interest Requirement.--The Secretary may approve such an
agreement, request, modification, or cancellation if the Secretary
determines that--
(1) the State to which it relates has extraordinary air
transportation needs and concerns; and
(2) approval is in the public interest.
(d) Termination.--An approval under subsection (b) and an exemption
under section 41308(c) of title 49, United States Code, granted under
subsection (b) shall terminate on the earlier of the 2 following dates:
(1) A date established by the Secretary in the Secretary's
discretion.
(2) October 1, 2002.
(e) Extension.--Notwithstanding subsection (d), if the Secretary
determines that it is in the public interest, the Secretary may extend
the termination date under subsection (d)(2) until a date no later than
October 1, 2003.
SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.
(a) In General.--In order to ensure that all airline computer
reservation systems maintained by United States air carriers are secure
from unauthorized access by persons seeking information on
reservations, passenger manifests, or other non-public information, the
Secretary of Transportation shall require all such air carriers to
utilize to the maximum extent practicable the best technology available
to secure their computer reservation system against such unauthorized
access.
(b) Report.--The Secretary shall transmit an annual report to the
Senate Committee on Commerce, Science, and Transportation and to the
House of Representatives Committee on Transportation and Infrastructure
on compliance by United States air carriers with the requirements of
subsection (a).
SEC. 118. SECURITY FUNDING.
(a) User Fee for Security Services.--
(1) In general.--Chapter 481 is amended by adding at the
end thereof the following:
``Sec. 48114. User fee for security services charge
``(a) In General.--The Secretary of Transportation shall collect a
user fee from air carriers. Amounts collected under this section shall
be treated as offsetting collections to offset annual appropriations
for the costs of providing aviation security services.
``(b) Amount of Fee.--Air carriers shall remit $2.50 for each
passenger enplanement.
``(c) Use Of Fees.--A fee collected under this section shall be
used solely for the costs associated with providing aviation security
services and may be used only to the extent provided in advance in an
appropriation law.''.
(2) Clerical amendment.--The table of sections for chapter
481 is amended by adding at the end thereof the following:
``48114. User fee for security services''.
(3) Effective Date.--The amendment made by paragraph (1)
shall apply with respect to transportation beginning after the
date which is 180 days after the date of enactment of this Act.
(b) Specific Authorization of Appropriations.--
(1) In general.--Part C of subtitle VII of title 49, United
States Code, is amended by adding at the end the following:
``CHAPTER 483. AVIATION SECURITY FUNDING.
``Sec.
``48301. Aviation security funding
``Sec. 48301. Aviation security funding
``There are authorized to be appropriated for fiscal years 2002,
2003, and 2004, such sums as may be necessary to carry out chapter 449
and related aviation security activities under this title.''.
(2) Conforming amendment.--The subtitle analysis for
subtitle VII of title 49, United States Code, is amended by
inserting after the item relating to chapter 482 the following:
``483. Aviation Security Funding............................ 48301''.
SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.
(a) Limited Use of Airport Improvement Program Funds.--
(1) Blanket authority.--Notwithstanding any provision of
law to the contrary, including any provision of chapter 471 of
title 49, United States Code, or any rule, regulation, or
agreement thereunder, for fiscal year 2002 the Administrator of
the Federal Aviation Administration may permit an airport
operator to use amounts made available under that chapter to
defray additional direct security-related expenses imposed by
law or rule after September 11, 2001, for which funds are not
otherwise specifically appropriated or made available under
this or any other Act.
(2) Airport development funds.--Section 47102(3) of title
49, United States Code, is amended by adding at the end the
following:
``(J) after September 11, 2001, and before October
1, 2002, for fiscal year 2002, additional operational
requirements, improvement of facilities, purchase and
deployment of equipment, hiring, training, and
providing appropriate personnel, or an airport or any
aviation operator at an airport, that the Secretary
determines will enhance and ensure the security of
passengers and other persons involved in air travel.''.
(3) allowable costs.--Section 47110(b)(2) of title 49,
United States Code, is amended--
(A) by striking ``or'' in subparagraph (B);
(B) by inserting ``or'' after ``executed;'' in
subparagraph (C); and
(C) by adding at the end the following:
``(D) if the cost is incurred after September 11,
2001, for a project described in section 47102(3)(J),
and shall not depend upon the date of execution of a
grant agreement made under this subchapter;''.
(4) Discretionary grants.--Section 47115 of title 49,
United States Code, is amended by adding at the end the
following:
``(i) Considerations for Project under Expanded Security
Eligibility.--In order to assure that funding under this subchapter is
provided to the greatest needs, the Secretary, in selecting a project
described in section 47102(3)(J) for a grant, shall consider the
nonfederal resources available to sponsor, the use of such nonfederal
resources, and the degree to which the sponsor is providing increased
funding for the project.''.
(5) Federal share.--Section 47109(a) of title 49, United
States Code, is amended--
(A) by striking ``and'' in paragraph (3);
(B) by striking ``47134.'' in paragraph (4) and
inserting ``47134; and''; and
(C) by adding at the end the following:
``(5) for fiscal year 2002, 100 percent for a project
described in section 47102(3)(J).''.
(b) Apportioned Funds.--For the purpose of carrying out section
47114 of title 49, United States Code, for fiscal year 2003, the
Secretary shall use, in lieu of passenger boardings at an airport
during the prior calendar year, the greater of--
(1) the number of passenger boardings at that airport
during 2000; or
(2) the number of passenger boardings at that airport
during 2001.
(c) Expedited Processing of Security-related PFC Requests.--The
Administrator of the Federal Aviation Administration shall, to the
extent feasible, expedite the processing and approval of passenger
facility fee requests under subchapter I of chapter 471 of title 49,
United States Code, for projects described in section 47192(3)(J) of
title 49, United States Code.
SEC. 120. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS FOR
SECURITY MANDATES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary for fiscal year 2002 to compensate airport operators for
eligible security costs.
(b) Reimbursable Costs.--The Secretary may reimburse an airport
operator (from amounts made available for obligation under subsection
(a)) for the direct costs incurred by the airport operator in complying
with new, additional, or revised security requirements imposed on
airport operators by the Federal Aviation Administration on or after
September 11, 2001.
(c) Documentation of Costs; Audit.--The Secretary may not reimburse
an airport operator under this section for any cost for which the
airport operator does not demonstrate to the satisfaction of the
Secretary, using sworn financial statements or other appropriate data,
that--
(1) the cost is eligible for reimbursement under subsection
(b); and
(2) the cost was incurred by the airport operator.
The Inspector General of the Department of Transportation and the
Comptroller General of the United States may audit such statements and
may request any other information that necessary to conduct such an
audit.
(d) Claim Procedure.--Within 30 days after the date of enactment of
this Act, the Secretary, after consultation with airport operators,
shall publish in the Federal Register the procedures for filing claims
for reimbursement under this section of eligible costs incurred by
airport operators.
SEC. 121. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS
ACTIVITIES.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by inserting at the end the following:
``Sec. 44940. Immunity for reporting suspicious activities
``(a) In General.--Any air carrier or foreign air carrier or any
employee of an air carrier or foreign air carrier who makes a voluntary
disclosure of any suspicious transaction relevant to a possible
violation of law or regulation, relating to air piracy, a threat to
aircraft or passenger safety, or terrorism, as defined by section 3077
of title 18, United States Code, to any employee or agent of the
Department of Transportation, the Department of Justice, any Federal,
State, or local law enforcement officer, or any airport or airline
security officer shall not be civilly liable to any person under any
law or regulation of the United States, any constitution, law, or
regulation of any State or political subdivision of any State, for such
disclosure.
``(b) Application.--Subsection (a) shall not apply to--
``(1) any disclosure made with actual knowledge that the
disclosure was false, inaccurate, or misleading; or
``(2) any disclosure made with reckless disregard as to the
truth or falsity of that disclosure.
``Sec. 44941. Sharing security risk information
``The Attorney General, in consultation with the Deputy Secretary
for Transportation Security and the Director of the Federal Bureau of
Investigation, shall establish procedures for notifying the
Administrator of the Federal Aviation Administration, and airport or
airline security officers, of the identity of persons known or
suspected by the Attorney General to pose a risk of air piracy or
terrorism or a threat to airline or passenger safety.''.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Attorney General shall report to the Senate Committee on
Commerce, Science, and Transportation, the House Committe on
Transportation and Infrastructure, and the Judiciary Committees of the
Senate and the House of Representatives on the implementation of the
procedures required under section 44941 of title 49, United States
Code, as added by this section.
(c) Chapter Analysis.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by inserting at the end the
following:
``44940. Immunity for reporting suspicious activities.
``44941. Sharing security risk information.''.
SEC. 122. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.
(a) National Institute of Justice Study.--The National Institute of
Justice shall assess the range of less-than-lethal weaponry available
for use by a flight deck crewmember temporarily to incapacitate an
individual who presents a clear and present danger to the safety of the
aircraft, its passengers, or individuals on the ground and report its
findings and recommendations to the Secretary of Transportation within
90 days after the date of enactment of this Act.
Section 44903 of title 49, United States Code, is amended by adding
at the end the following:
``(h) Authority to Arm Flight Deck Crew with Less-Than-Lethal
Weapons.--
``(1) In general.--If the Secretary, after receiving the
recommendations of the National Institute of Justice,
determines, with the approval of the Attorney General and the
Secretary of State, that it is appropriate and necessary and
would effectively serve the public interest in avoiding air
piracy, the Secretary may authorize members of the flight deck
crew on any aircraft providing air transportation or intrastate
air transportation to carry a less-than-lethal weapon while the
aircraft is engaged in providing such transportation.
``(2) Usage.--If the Secretary grants authority under
paragraph (1) for flight deck crew members to carry a less-
than-lethal weapon while engaged in providing air
transportation or intrastate air transportation, the Secretary
shall--
``(A) prescribe rules requiring that any such crew
member be trained in the proper use of the weapon; and
``(B) prescribe guidelines setting forth the
circumstances under which such weapons may be used.''.
SEC. 123. MAIL AND FREIGHT WAIVERS.
During a national emergency affecting air transportation or
intrastate air transportation, the Secretary of Transportation, after
consultation with the Aviation Security Coordination Council, may grant
a complete or partial waiver of any restrictions on the carriage by
aircraft of freight, mail, emergency medical supplies, personnel, or
patients on aircraft, imposed by the Department of Transportation (or
other Federal agency or department) that would permit such carriage of
freight, mail, emergency medical supplies, personnel, or patients on
flights, to, from, or within States with extraordinary air
transportation needs or concerns if the Secretary determines that the
waiver is in the public interest, taking into consideration the
isolation of and dependence on air transportation of such States. The
Secretary may impose reasonable limitations on any such waivers.
SEC. 124. SAFETY AND SECURITY OF ON-BOARD SUPPLIES.
(a) In General.--The Secretary of Transportation shall establish
procedures to ensure the safety and integrity of all supplies,
including catering and passenger amenities, placed aboard aircraft
providing passenger air transportation or intrastate air
transportation.
(b) Measures.--In carrying out subsection (a), the Secretary may
require--
(1) security procedures for suppliers and their facilities;
(2) the sealing of supplies to ensure easy visual detection
of tampering; and
(3) the screening of personnel, vehicles, and supplies
entering secured areas of the airport or used in servicing
aircraft.
SEC. 125. FLIGHT DECK SECURITY
(a) Short Title.--This section may be cited as the ``Flight Deck
Security Act of 2001''.
(b) Findings.--Congress makes the following findings:
(1) On September 11, 2001, terrorists hijacked four
civilian aircraft, crashing two of the aircraft into the towers
of the World Trade Center in New York, New York, and a third
into the Pentagon outside Washington, District of Columbia.
(2) Thousands of innocent Americans and citizens of other
countries were killed or injured as a result of these attacks,
including the passengers and crew of the four aircraft, workers
in the World Trade Center and in the Pentagon, rescue workers,
and bystanders.
(3) These attacks destroyed both towers of the World Trade
Center, as well as adjacent buildings, and seriously damaged
the Pentagon.
(4) These attacks were by far the deadliest terrorist
attacks ever launched against the United States and, by
targeting symbols of America, clearly were intended to
intimidate our Nation and weaken its resolve.
(5) Armed pilots, co-pilots, and flight engineers with
proper training will be the last line of defense against
terrorist by providing cockpit security and aircraft security.
(6) Secured doors separating the flight deck from the
passenger cabin have been effective in deterring hijackings in
other nations and will serve as a deterrent to future
contemplated acts of terrorism in the United States.
(c) Aviation Safety and the Suppression of Terrorism by Commercial
Aircraft.--
(1) Possession of firearms on commercial flights.--The
Federal Aviation Administration (FAA) is authorized to permit a
pilot, co-pilot, or flight engineer of a commercial aircraft
who has successfully completed the requirements of paragraph
(2), or who is not otherwise prohibited by law from possessing
a firearm, from possessing or carrying a firearm approved by
the FAA for the protection of the aircraft under procedures or
regulations as necessary to ensure the safety and integrity of
flight.
(2) Federal pilot officers.--(A) In addition to the
protections provided by paragraph (1), the FAA shall also
establish a voluntary program to train and supervise commercial
airline pilots.
(B) Under the program, the FAA shall make available
appropriate training and supervision for all such pilots, which
may include training by private entities.
(C) The power granted to such persons shall be limited to
enforcing Federal law in the cockpit of commercial aircraft
and, under reasonable circumstances the passenger compartment
to protect the integrity of the commercial aircraft and the
lives of the passengers.
(D) The FAA shall make available appropriate training to
any qualified pilot who requests such training pursuant to this
title.
(E) The FAA may prescribe regulations for purposes of this
section.
(d) Reports to Congress.--Not later than six months after the date
of the enactment of this Act, and every six months thereafter, the
Secretary of Transportation shall submit to Congress a report on the
effectiveness of the requirements in this section in facilitating
commercial aviation safety and the suppression of terrorism by
commercial aircraft.
SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.
Section 44703(g) of title 49, United States Code, is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``pilots'' and inserting
``airmen''; and
(B) by striking the period and inserting ``and
related to combating acts of terrorism.''; and
(2) by adding at the end, the following new paragraphs:
``(3) For purposes of this section, the term `acts of terrorism'
means an activity that involves a violent act or an act dangerous to
human life that is a violation of the criminal laws of the United
States or of any State, or that would be a criminal violation if
committed within the jurisdiction of the United States or of any State,
and appears to be intended to intimidate or coerce a civilian
population to influence the policy of a government by intimidation or
coercion or to affect the conduct of a government by assassination or
kidnaping.
``(4) The Administrator is authorized and directed to work with
State and local authorities, and other Federal agencies, to assist in
the identification of individuals applying for or holding airmen
certificates.''.
SEC. 127. RESULTS-BASED MANAGEMENT.
Subchapter II of chapter 449 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44942. Performance Goals and Objectives
``(a) Short Term Transition.--
``(1) In general.--Within 60 days of enactment, the Deputy
Secretary for Transportation Security shall, in consultation
with Congress--
``(A) establish acceptable levels of performance
for aviation security, including screening operations
and access control, and
``(B) provide Congress with an action plan,
containing measurable goals and milestones, that
outlines how those levels of performance will be
achieved.
``(2) Basics of action plan.--The action plan shall clarify
the responsibilities of the Department of Transportation, the
Federal Aviation Administration and any other agency or
organization that may have a role in ensuring the safety and
security of the civil air transportation system.
``(b) Long-Term Results-Based Management.--
``(1) Performance plan and report.--
``(A) Performance plan.--(i) Each year, consistent
with the requirements of the Government Performance and
Results Act of 1993 (GPRA), the Secretary and the
Deputy Secretary for Transportation Security shall
agree on a performance plan for the succeeding 5 years
that establishes measurable goals and objectives for
aviation security. The plan shall identify action steps
necessary to achieve such goals.
``(ii) In addition to meeting the requirements of
GPRA, the performance plan shall clarify the
responsibilities of the Secretary, the Deputy Secretary
for Transportation Security and any other agency or
organization that may have a role in ensuring the
safety and security of the civil air transportation
system.
``(iii) The performance plan shall be available to
the public. The Deputy Secretary for Transportation
Security may prepare a nonpublic appendix covering
performance goals and indicators that, if revealed to
the public, would likely impede achievement of those
goals and indicators.
``(B) Performance report.--(i) Each year,
consistent with the requirements of GPRA, the Deputy
Secretary for Transportation Security shall prepare and
submit to Congress an annual report including an
evaluation of the extent goals and objectives were met.
The report shall include the results achieved during
the year relative to the goals established in the
performance plan.
``(ii) The performance report shall be available to
the public. The Deputy Secretary for Transportation
Security may prepare a nonpublic appendix covering
performance goals and indicators that, if revealed to
the public, would likely impede achievement of those
goals and indicators.
``Sec. 44943. Performance Management System
``(a) Establishing a Fair and Equitable System for Measuring Staff
Performance.--The Deputy Secretary for Transportation Security shall
establish a performance management system which strengthens the
organization's effectiveness by providing for the establishment of
goals and objectives for managers, employees, and organizational
performance consistent with the performance plan.
``(b) Establishing Management Accountability for Meeting
Performance Goals.--(1) Each year, the Secretary and Deputy Secretary
for Transportation Security shall enter into an annual performance
agreement that shall set forth organizational and individual
performance goals for the Deputy Secretary.
``(2) Each year, the Deputy Secretary for Transportation Security
and each senior manager who reports to the Deputy Secretary for
Transportation Security shall enter into an annual performance
agreement that sets forth organization and individual goals for those
managers. All other employees hired under the authority of the Deputy
Secretary for Transportation Security shall enter into an annual
performance agreement that sets forth organization and individual goals
for those employees.
``(c) Compensation for the Deputy Secretary for Transportation
Security.--
``(1) In general.--The Deputy Secretary for Transportation
Security is authorized to be paid at an annual rate of pay
payable to level II of the Executive Schedule.
``(2) Bonuses or other incentives.--In addition, the Deputy
Secretary for Transportation Security may receive bonuses or
other incentives, based upon the Secretary's evaluation of the
Deputy Secretary's performance in relation to the goals set
forth in the agreement. Total compensation cannot exceed the
Secretary's salary.
``(d) Compensation for Managers and Other Employees.--
``(1) In general.--A senior manager reporting directly to
the Deputy Secretary for Transportation Security may be paid at
an annual rate of basic pay of not more than the maximum rate
of basic pay for the Senior Executive Service under section
5382 of title 5, United States Code.
``(2) Bonuses or other incentives.--In addition, senior
managers can receive bonuses or other incentives based on the
Deputy Secretary for Transportation Security's evaluation of
their performance in relation to goals in agreements. Total
compensation cannot exceed 125 percent of the maximum rate of
base pay for the Senior Executive Service. Further, the Deputy
Secretary for Transportation Security shall establish, within
the performance management system, a program allowing for the
payment of bonuses or other incentives to other managers and
employees. Such a program shall provide for bonuses or other
incentives based on their performance.
``(e) Performance-Based Service Contracting.--To the extent
contracts, if any, are used to implement the Aviation Security Act, the
Deputy Secretary for Transportation Security shall, to the extent
practical, maximize the use of performance-based service contracts.
These contracts should be consistent with guidelines published by the
Office of Federal Procurement Policy.''.
SEC. 128. USE OF FACILITIES.
(a) Employoment Register.--Notwithstanding any other provision of
law, the Secretary of Transportation shall establish and maintain an
employment register.
(b) Training Facility.--The Secretary of Transportation may, where
feasible, use the existing Federal Aviation Administration's training
facilities, to design, develop, or conduct training of security
screening personnel.
SEC. 129. REPORT ON NATIONAL AIR SPACE RESTRICTIONS PUT IN PLACE AFTER
TERRORIST ATTACKS THAT REMAIN IN PLACE.
(a) Report.--Within 30 days of the enactment of this Act, the
President shall submit to the committees of Congress specified in
subsection (b) a report containing--
(1) a description of each restriction, if any, on the use
of national airspace put in place as a result of the September
11, 2001, terrorist attacks that remains in place as of the
date of the enactment of this Act; and
(2) a justification for such restriction remaining in
place.
(b) Committees of Congress.--The committees of Congress specified
in this subsection are the following:
(1) The Select Committee on Intelligence of the Senate.
(2) The Permanent Select Committee on Intelligence of the
House of Representatives.
(3) The Committee on Commerce, Science, and Transportation
of the Senate.
(4) The Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 130. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING COMMERCIAL
FLIGHTS.
(a) Program for Provision of Voluntary Services.--
(1) Program.--The Secretary of Transportation shall carry
out a program to permit qualified law enforcement officers,
firefighters, and emergency medical technicians to provide
emergency services on commercial air flights during
emergencies.
(2) Requirements.--The Secretary shall establish such
requirements for qualifications of providers of voluntary
services under the program under paragraph (1), including
training requirements, as the Secretary considers appropriate.
(3) Confidentiality of registry.--If as part of the program
under paragraph (1) the Secretary requires or permits
registration of law enforcement officers, firefighters, or
emergency medical technicians who are willing to provide
emergency services on commercial flights during emergencies,
the Secretary shall take appropriate actions to ensure that the
registry is available only to appropriate airline personnel and
otherwise remains confidential.
(4) Consultation.--The Secretary shall consult with
appropriate representatives of the commercial airline industry,
and organizations representing community-based law enforcement,
firefighters, and emergency medical technicians, in carrying
out the program under paragraph (1), including the actions
taken under paragraph (3).
(b) Protection from Liability.--
(1) In general.--Subchapter II of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following new section:
``Sec. 44944. Exemption of volunteers from liability
``(a) In General.--An individual shall not be liable for damages in
any action brought in a Federal or State court that arises from an act
or omission of the individual in providing or attempting to provide
assistance in the case of an inflight emergency in an aircraft of an
air carrier if the individual meets such qualifications as the
Secretary shall prescribe for purposes of this section.
``(b) Exception.--The exemption under subsection (a) shall not
apply in any case in which an individual provides, or attempts to
provide, assistance described in that paragraph in a manner that
constitutes gross negligence or willful misconduct.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``44944. Exemption of volunteers from liability.''.
(c) Construction Regarding Possession of Firearms.--Nothing in this
section may be construed to require any modification of regulations of
the Department of Transportation governing the possession of firearms
while in aircraft or air transportation facilities or to authorize the
possession of a firearm in an aircraft or any such facility not
authorized under those regulations.
SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.
(a) Security for Larger Aircraft.--
(1) Program required.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall commence implementation
of a program to provide security screening for all aircraft
operations conducted with respect to any aircraft having a
maximum certified takeoff weight of more than 12,500 pounds
that is not operating as of the date of the implementation of
the program under security procedures prescribed by the
Administrator.
(2) Waiver.--
(A) Authority to waive.--The Administrator may
waive the applicability of the program under this
section with respect to any aircraft or class of
aircraft otherwise described by this section if the
Administrator determines that aircraft described in
this section can be operated safely without the
applicability of the program to such aircraft or class
of aircraft, as the case may be.
(B) Limitations.--A waiver under subparagraph (A)
may not go into effect--
(i) unless approved by the Secretary of
Transportation; and
(ii) until 10 days after the date on which
notice of the waiver has been submitted to the
appropriate committees of Congress.
(3) Program elements.--The program under paragraph (1)
shall require the following:
(A) The search of any aircraft covered by the
program before takeoff.
(B) The screening of all crew members, passengers,
and other persons boarding any aircraft covered by the
program, and their property to be brought on board such
aircraft, before boarding.
(4) Procedures for searches and screening.--The
Administrator shall develop procedures for searches and
screenings under the program under paragraph (1). Such
procedures may not be implemented until approved by the
Secretary.
(b) Security for Smaller Aircraft.--
(1) Program required.--Not later than one year after the
date of the enactment of this Act, the Administrator shall
commence implementation of a program to provide security for
all aircraft operations conducted with respect to any aircraft
having a maximum certified takeoff weight of 12,500 pounds or
less that is not operating as of the date of the implementation
of the program under security procedures prescribed by the
Administrator. The program shall address security with respect
to crew members, passengers, baggage handlers, maintenance
workers, and other individuals with access to aircraft covered
by the program, and to baggage.
(2) Report on program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate committees of Congress a report containing a
proposal for the program to be implemented under paragraph (1).
(c) Background Checks for Aliens Engaged in Certain Transactions
Regarding Aircraft.--
(1) Requirement.--Notwithstanding any other provision of
law and subject to paragraph (2), no person or entity may sell,
lease, or charter any aircraft to an alien, or any other
individual specified by the Secretary for purposes of this
subsection, within the United States unless the Attorney
General issues a certification of the completion of a
background investigation of the alien, or other individual, as
the case may be, that meets the requirements of section
44939(b) of title 49, United States Code, as added by section
111 of this title.
(2) Expiration.--The prohibition in paragraph (1) shall
expire as follows:
(A) In the case of an aircraft having a maximum
certified takeoff weight of more than 12,500 pounds,
upon implementation of the program required by
subsection (a).
(B) In the case of an aircraft having a maximum
certified takeoff weight of 12,500 pounds or less, upon
implementation of the program required by subsection
(b).
(3) Alien defined.--In this subsection, the term ``alien''
has the meaning given that term in section 44939(f) of title
49, United States Code, as so added.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Commerce of the House of
Representatives.
SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.
(a) In General.--Not later than September 30, 2002, the Assistant
Administrator for Civil Aviation Security shall review and make a
determination on the feasibility of implementing technologies described
in subsection (b).
(b) Technologies Described.--The technologies described in this
subsection are technologies that are--
(1) designed to protect passengers, aviation employees, air
cargo, airport facilities, and airplanes; and
(2) material specific and able to automatically and non-
intrusively detect, without human interpretation and without
regard to shape or method of concealment, explosives, illegal
narcotics, hazardous chemical agents, and nuclear devices.
SEC. 133. REPORT ON NEW RESPONSIBILITIES OF THE DEPARTMENT OF JUSTICE
FOR AVIATION SECURITY.
Not later than 120 days after the date of enactment of this Act,
the Attorney General shall report to the House Committee on the
Judiciary, the Senate Committee on the Judiciary, the House Committee
on Transportation and Infrastructure, and the Senate Committee on
Commerce, Science, and Transportation on the new responsibilities of
the Department of Justice for aviation security under this title.
SEC. 134. DEFINITIONS.
Except as otherwise explicitly provided, any term used in this
title that is defined in section 40102 of title 49, United States Code,
has the meaning given that term in that section.
TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES
Subtitle A--Expanded Deployment and Utilization of Current Security
Technologies and Procedures
SEC. 201. EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT SECURITY
TECHNOLOGIES AND PROCEDURES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall require that employment investigations, including
criminal history record checks, for all individuals described in
section 44936(a)(1) of title 49, United States Code, who are existing
employees, at airports regularly serving an air carrier holding a
certificate issued by the Secretary of Transportation, should be
completed within 9 months unless such individuals have had such
investigations and checks within 5 years of the date of enactment of
this Act. The Administrator shall devise an alternative method for
background checks for a person applying for any airport security
position who has lived in the United States less than 5 years and shall
have such alternative background check in place as soon as possible.
The Administrator shall work with the International Civil Aviation
Organization and with appropriate authorities of foreign governments in
devising such alternative method.
(b) Explosive Detection.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall deploy and oversee the usage of existing
bulk explosives detection technology already at airports for
checked baggage. Not later than 60 days after the date of
enactment of this Act, the Administrator shall establish
confidential goals for--
(A) deploying by a specific date all existing bulk
explosives detection scanners purchased but not yet
deployed by the Federal Aviation Administration;
(B) a specific percentage of checked baggage to be
scanned by bulk explosives detection machines within 6
months, and annual goals thereafter with an eventual
goal of scanning 100 percent of checked baggage; and
(C) the number of new bulk explosives detection
machines that will be purchased by the Federal Aviation
Administration for deployment at the Federal Aviation
Administration-identified midsized airports within 6
months.
(2) Use of funds.--For purposes of carrying out this
subtitle, airport operators may use funds available under the
Airport Improvement Program described in chapter 471 of title
49, United States Code, to reconfigure airport baggage handling
areas to accommodate the equipment described in paragraph (1),
if necessary. Not later than 12 months after the date of
enactment of this Act, and annually thereafter, the
Administrator shall report, on a confidential basis, to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives, the Government Accounting
Office, and the Inspector General of the Department of
Transportation, regarding the goals and progress the
Administration is making in achieving those goals described in
paragraph (1).
(3) Airport development.--Section 47102(3)(B) of title 49,
United States Code, is amended--
(A) by striking ``and'' at the end of clause
(viii);
(B) by striking the period at the end of clause
(ix) and inserting ``; and''; and
(C) by inserting after clause (ix) the following
new clause:
``(x) replacement of baggage conveyor
systems, and reconfiguration of terminal
luggage areas, that the Secretary determines
are necessary to install bulk explosive
detection devices.''.
(c) Bag Matching System.--The Administrator of the Federal Aviation
Administration shall require air carriers to improve the passenger bag
matching system. Not later than 60 days after the date of enactment of
this Act, the Administrator shall establish goals for upgrading the
Passenger Bag Matching System, including interim measures to match a
higher percentage of bags until Explosives Detection Systems are used
to scan 100 percent of checked baggage. The Administrator shall report,
on a confidential basis, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, the Government
Accounting Office, and the Inspector General of the Department of
Transportation, regarding the goals and the progress made in achieving
those goals within 12 months after the date of enactment of this Act.
(d) Computer-Assisted Passenger Prescreening.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall require air carriers to expand the
application of the current Computer-Assisted Passenger
Prescreening System (CAPPS) to all passengers, regardless of
baggage. Passengers selected under this system shall be subject
to additional security measures, including checks of carry-on
baggage and person, before boarding.
(2) Report.--The Administrator shall report back to the
Committee on Commerce, Science, and Transportation of the
Senate and to the Committee on Transportation and
Infrastructure of the House of Representatives within 3 months
of the date of enactment of this Act on the implementation of
the expanded CAPPS system.
Subtitle B--Short-Term Assessment and Deployment of Emerging Security
Technologies and Procedures
SEC. 211. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECURITY
TECHNOLOGIES AND PROCEDURES.
Section 44903 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Short-Term Assessment and Deployment of Emerging Security
Technologies and Procedures.--
``(1) In General.--The Deputy Secretary for Transportation
Security shall recommend to airport operators, within 6 months
after the date of enactment of this Act, commercially available
measures or procedures to prevent access to secure airport
areas by unauthorized persons. As part of the 6-month
assessment, the Deputy Secretary for Transportation Security
shall--
``(A) review the effectiveness of biometrics
systems currently in use at several United States
airports, including San Francisco International;
``(B) review the effectiveness of increased
surveillance at access points;
``(C) review the effectiveness of card- or keypad-
based access systems;
``(D) review the effectiveness of airport emergency
exit systems and determine whether those that lead to
secure areas of the airport should be monitored or how
breaches can be swiftly responded to; and
``(E) specifically target the elimination of the
``piggy-backing'' phenomenon, where another person
follows an authorized person through the access point.
The 6-month assessment shall include a 12-month deployment
strategy for currently available technology at all category X
airports, as defined in the Federal Aviation Administration
approved air carrier security programs required under part 108
of title 14, Code of Federal Regulations. Not later than 18
months after the date of enactment of this Act, the Secretary
of Transportation shall conduct a review of reductions in
unauthorized access at these airports.
``(2) 90-Day Review.--
``(A) In general.--The Deputy Secretary for
Transportation Security, as part of the Aviation
Security Coordination Council, shall conduct a 90-day
review of--
``(i) currently available or short-term
deployable upgrades to the Computer-Assisted
Passenger Prescreening System (CAPPS); and
``(ii) deployable upgrades to the
coordinated distribution of information
regarding persons listed on the ``watch list''
for any Federal law enforcement agencies who
could present an aviation security threat.
``(B) Deployment of upgrades.--The Deputy Secretary
for Transportation Security shall commence deployment
of recommended short-term upgrades to CAPPS and to the
coordinated distribution of ``watch list'' information
within 6 months after the date of enactment of this
Act. Within 18 months after the date of enactment of
this Act, the Deputy Secretary for Transportation
Security shall report to the Committee on Commerce,
Science, and Transportation of the Senate and to the
Committee on Transportation and Infrastructure of the
House of Representatives, the Government Accounting
Office, and the Inspector General of the Department of
Transportation, on progress being made in deploying
recommended upgrades.
``(3) Study.--The Deputy Secretary for Transportation
Security shall conduct a study of options for improving
positive identification of passengers at check-in counters and
boarding areas, including the use of biometrics and ``smart''
cards. Within 6 months after the date of enactment of this Act,
the Deputy Secretary shall report to the Committee on Commerce,
Science, and Transportation of the Senate and to the Committee
on Transportation and Infrastructure of the House of
Representatives on the feasibility and costs of implementing
each identification method and a schedule for requiring air
carriers to deploy identification methods determined to be
effective.''.
Subtitle C--Research and Development of Aviation Security Technology
SEC. 221. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY TECHNOLOGY.
(a) Funding.--To augment the programs authorized in section
44912(a)(1) of title 49, United States Code, there is authorized to be
appropriated an additional $50,000,000 for each of fiscal years 2002
through 2006 and such sums as are necessary for each fiscal year
thereafter to the Federal Aviation Administration, for research,
development, testing, and evaluation of the following technologies
which may enhance aviation security in the future. Grants to industry,
academia, and Government entities to carry out the provisions of this
section shall be available for fiscal years 2002 and 2003 for--
(1) the acceleration of research, development, testing, and
evaluation of explosives detection technology for checked
baggage, specifically, technology that is--
(A) more cost-effective for deployment for
explosives detection in checked baggage at small- to
medium-sized airports, and is currently under
development as part of the Argus research program at
the Federal Aviation Administration;
(B) faster, to facilitate screening of all checked
baggage at larger airports; or
(C) more accurate, to reduce the number of false
positives requiring additional security measures;
(2) acceleration of research, development, testing, and
evaluation of new screening technology for carry-on items to
provide more effective means of detecting and identifying
weapons, explosives, and components of weapons of mass
destruction, including advanced x-ray technology;
(3) acceleration of research, development, testing, and
evaluation of threat screening technology for other categories
of items being loaded onto aircraft, including cargo, catering,
and duty-free items;
(4) acceleration of research, development, testing, and
evaluation of threats carried on persons boarding aircraft or
entering secure areas, including detection of weapons,
explosives, and components of weapons of mass destruction;
(5) acceleration of research, development, testing and
evaluation of integrated systems of airport security
enhancement, including quantitative methods of assessing
security factors at airports selected for testing such systems;
(6) expansion of the existing program of research,
development, testing, and evaluation of improved methods of
education, training, and testing of key airport security
personnel; and
(7) acceleration of research, development, testing, and
evaluation of aircraft hardening materials, and techniques to
reduce the vulnerability of aircraft to terrorist attack.
(b) Grants.--Grants awarded under this subtitle shall identify
potential outcomes of the research, and propose a method for
quantitatively assessing effective increases in security upon
completion of the research program. At the conclusion of each grant,
the grant recipient shall submit a final report to the Federal Aviation
Administration that shall include sufficient information to permit the
Administrator to prepare a cost-benefit analysis of potential
improvements to airport security based upon deployment of the proposed
technology. The Administrator shall begin awarding grants under this
subtitle within 90 days of the date of enactment of this Act.
(c) Budget Submission.--A budget submission and detailed strategy
for deploying the identified security upgrades recommended upon
completion of the grants awarded under subsection (b), shall be
submitted to Congress as part of the Department of Transportation's
annual budget submission.
(d) Defense Research.--There is authorized to be appropriated
$20,000,000 to the Federal Aviation Administration to issue research
grants in conjunction with the Defense Advanced Research Projects
Agency. Grants may be awarded under this section for--
(1) research and development of longer-term improvements to
airport security, including advanced weapons detection;
(2) secure networking and sharing of threat information
between Federal agencies, law enforcement entities, and other
appropriate parties;
(3) advances in biometrics for identification and threat
assessment; or
(4) other technologies for preventing acts of terrorism in
aviation.
Passed the Senate October 11, 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 1447
_______________________________________________________________________
AN ACT
To improve aviation security, and for other purposes.