[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.