[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2949 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                S. 2949

_______________________________________________________________________

                                 AN ACT


 
   To provide for enhanced 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; AMENDMENT OF TITLE 49.

    (a) Short Title.--This Act may be cited as the ``Aviation Security 
Improvement Act''.
    (b) Amendment of title 49.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title; amendment of title 49.
Sec. 2. Table of contents.
                      TITLE I--AIR CARGO SECURITY

Sec. 101. Inspection of cargo carried aboard passenger aircraft.
Sec. 102. Air cargo shipping.
Sec. 103. Cargo carried aboard passenger aircraft.
Sec. 104. Training program for cargo handlers.
Sec. 105. Cargo carried aboard all-cargo aircraft.
                   TITLE II--PASSENGER IDENTIFICATION

Sec. 201. Passenger identification.
Sec. 202. Passenger identification verification.
              TITLE III--CIRCUMVENTION OF AIRPORT SECURITY

Sec. 301. Prohibition on unauthorized circumvention of airport security 
                            systems and procedures.
          TITLE IV--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

Sec. 401. Blast-resistant cargo container technology.
                        TITLE V--FLIGHT SCHOOLS

Sec. 501. Modification of requirements regarding training to operate 
                            aircraft
                        TITLE VI--MISCELLANEOUS

Sec. 601. FAA Notice to Airmen FDC 2/0199.
                    Title VII--Technical Corrections

Sec. 701. Technical corrections.
                     TITLE VIII--NTSB AUTHORIZATION

Sec. 801. Short title.
Sec. 802. Authorization of appropriations.
Sec. 803. Assistance to families of passengers involved in aircraft 
                            accidents.
Sec. 804. Relief from contracting requirements for investigations 
                            services.
                    TITLE IX--CHILD PASSENGER SAFETY

Sec. 901. Short title.
Sec. 902. Improvement of safety of child restraints in passenger motor 
                            vehicles.
Sec. 903. Report on development of crash test dummy simulating a 10-
                            year old child.
Sec. 904. Requirements for installation of lap and shoulder belts.
Sec. 905. Two-year extension of child passenger protection education 
                            grants program.
Sec. 906. Grants for improving child passenger safety programs.
Sec. 907. Definitions.
Sec. 908. Authorization of appropriations.

                      TITLE I--AIR CARGO SECURITY

SEC. 101. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Section 44901(f) is amended to read as follows:
    ``(f) Cargo.--
            ``(1) In general.--The Under Secretary of Transportation 
        for Security shall establish systems to screen, inspect, or 
        otherwise ensure the security of all cargo that is to be 
        transported in--
                    ``(A) passenger aircraft operated by an air carrier 
                or foreign air carrier in air transportation or 
                intrastate air transportation; or
                    ``(B) all-cargo aircraft in air transportation and 
                intrastate air transportation.
            ``(2) Strategic plan.--The Under Secretary shall develop a 
        strategic plan to carry out paragraph (1).''.

SEC. 102. AIR CARGO SHIPPING.

    (a) In General.--Subchapter I of chapter 449, is amended by adding 
at the end the following:
``Sec. 44921. Regular inspections of air cargo shipping facilities
    ``The Under Secretary of Transportation for Security shall 
establish a system for the regular inspection of shipping facilities 
for shipments of cargo transported in air transportation or intrastate 
air transportation to ensure that appropriate security controls, 
systems, and protocols are observed, and shall enter into arrangements 
with the civil aviation authorities, or other appropriate officials, of 
foreign countries to ensure that inspections are conducted on a regular 
basis at shipping facilities for cargo transported in air 
transportation to the United States.''.
    (b) Additional Inspectors.--The Under Secretary may increase the 
number of inspectors as necessary to implement the requirements of 
title 49, United States Code, as amended by this subtitle.
    (c) Conforming Amendment.--The chapter analysis for chapter 449 is 
amended by adding at the end the following:

``44921. Regular inspections of air cargo shipping facilities''.

SEC. 103. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    (a) In General.--Subchapter I of chapter 449, is further amended by 
adding at the end the following:
``Sec.  44922. Air cargo security
    ``(a) Database.--The Under Secretary of Transportation for Security 
shall establish an industry-wide pilot program database of known 
shippers of cargo that is to be transported in passenger aircraft 
operated by an air carrier or foreign air carrier in air transportation 
or intrastate air transportation. The Under Secretary shall use the 
results of the pilot program to improve the known shipper program.
    ``(b) Indirect air carriers.--
            ``(1) Random inspections.--The Under Secretary shall 
        conduct random audits, investigations, and inspections of 
        indirect air carrier facilities to determine if the indirect 
        air carriers are meeting the security requirements of this 
        title.
            ``(2) Ensuring compliance.--The Under Secretary may take 
        such actions as may be appropriate to promote and ensure 
        compliance with the security standards established under this 
        title.
            ``(3) Notice of failures.--The Under Secretary shall notify 
        the Secretary of Transportation of any indirect air carrier 
        that fails to meet security standards established under this 
        title.
            ``(4) Suspension or revocation of certificate.--The 
        Secretary, as appropriate, shall suspend or revoke any 
        certificate or authority issued under chapter 411 to an 
        indirect air carrier immediately upon the recommendation of the 
        Under Secretary. Any indirect air carrier whose certificate is 
        suspended or revoked under this subparagraph may appeal the 
        suspension or revocation in accordance with procedures 
        established under this title for the appeal of suspensions and 
        revocations.
            ``(5) Indirect air carrier.--In this subsection, the term 
        `indirect air carrier' has the meaning given that term in part 
        1548 of title 49, Code of Federal Regulations.
    ``(c) Consideration of Community Needs.--In implementing air cargo 
security requirements under this title, the Under Secretary may take 
into consideration the extraordinary air transportation needs of small 
or isolated communities and unique operational characteristics of 
carriers that serve those communities.''.
    (b) Assessment of Indirect Air Carrier Program.--The Under 
Secretary of Transportation for Security shall assess the security 
aspects of the indirect air carrier program under part 1548 of title 
49, Code of Federal Regulations, and report the result of the 
assessment, together with any recommendations for necessary 
modifications of the program to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure within 45 days after the date of 
enactment of this Act. The Under Secretary may submit the report and 
recommendations in classified form.
    (c) Report to Congress on Random Audits.--The Under Secretary of 
Transportation for Security shall report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on random screening, 
audits, and investigations of air cargo security programs based on 
threat assessments and other relevant information. The report may be 
submitted in classified form.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation such sums as may be 
necessary to carry out this section.
    (e) Conforming Amendment.--The chapter analysis for chapter 449, as 
amended by section 102, is amended by adding at the end the following:

``44922. Air cargo security''.

SEC. 104. TRAINING PROGRAM FOR CARGO HANDLERS.

    The Under Secretary of Transportation for Security shall establish 
a training program for any persons that handle air cargo to ensure that 
the cargo is properly handled and safe-guarded from security breaches.

SEC. 105. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

    (a) In General.--The Under Secretary of Transportation for Security 
shall establish a program requiring that air carriers operating all-
cargo aircraft have an approved plan for the security of their air 
operations area, the cargo placed aboard such aircraft, and persons 
having access to their aircraft on the ground or in flight.
    (b) Plan Requirements.--The plan shall include provisions for--
            (1) security of each carrier's air operations areas and 
        cargo acceptance areas at the airports served;
            (2) background security checks for all employees with 
        access to the air operations area;
            (3) appropriate training for all employees and contractors 
        with security responsibilities;
            (4) appropriate screening of all flight crews and persons 
        transported aboard all-cargo aircraft;
            (5) security procedures for cargo placed on all-cargo 
        aircraft as provided in section 44901(f)(1)(B) of title 49, 
        United States Code; and
            (6) additional measures deemed necessary and appropriate by 
        the Under Secretary.
    (c) Confidential Industry Review and Comment.--
            (1) Circulation of proposed program.--The Under Secretary 
        shall--
                    (A) propose a program under subsection (a) within 
                90 days after the date of enactment of this Act; and
                    (B) distribute the proposed program, on a 
                confidential basis, to those air carriers and other 
                employers to which the program will apply.
            (2) Comment period.--Any person to which the proposed 
        program is distributed under paragraph (1) may provide comments 
        on the proposed program to the Under Secretary not more than 60 
        days after it was received.
            (3) Final program.--The Under Secretary of Transportation 
        shall issue a final program under subsection (a) not later than 
        45 days after the last date on which comments may be provided 
        under paragraph (2). The final program shall contain time 
        frames for the plans to be implemented by each air carrier or 
        employer to which it applies.
            (4) Suspension of procedural norms.--Neither chapter 5 of 
        title 5, United States Code, nor the Federal Advisory Committee 
        Act (5 U.S.C. App.) shall apply to the program required by this 
        section.

                   TITLE II--PASSENGER IDENTIFICATION

SEC. 201. PASSENGER IDENTIFICATION.

    (a) In General.--Subchapter I of chapter 449, as amended by title 
II of this Act, is further amended by adding at the end the following:
``Sec. 44923. Passenger identification
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the Aviation Security Improvement Act, the Under Secretary 
of Transportation for Security, in consultation with the Administrator 
of the Federal Aviation Administration, appropriate law enforcement, 
security, and terrorism experts, representatives of air carriers and 
labor organizations representing individuals employed in commercial 
aviation, shall develop protocols to provide guidance for detection of 
false or fraudulent passenger identification. The protocols may 
consider new technology, current identification measures, training of 
personnel, and issues related to the types of identification available 
to the public.
    ``(b) Air Carrier Programs.--Within 60 days after the Under 
Secretary issues the protocols under subsection (a) in final form, the 
Under Secretary shall provide them to each air carrier. The Under 
Secretary shall establish a joint government and industry council to 
develop recommendations on how to implement the protocols. The Under 
Secretary shall report to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure within 1 year after the date of 
enactment of the Aviation Security Improvement Act on the actions taken 
under this section.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 449, is 
amended by adding at the end the following:

``44923. Passenger identification''.

SEC. 202. PASSENGER IDENTIFICATION VERIFICATION.

    (a) Requirement.--Subchapter I of chapter 449, is further amended 
by adding at the end the following:
``Sec. 44924. Passenger identification verification
    ``(a) Program Required.--The Under Secretary of Transportation for 
Security may establish and carry out a program to require the 
installation and use at airports in the United States of such 
identification verification technologies as the Under Secretary 
considers appropriate to assist in the screening of passengers boarding 
aircraft at such airports.
    ``(b) Technologies Employed.--The identification verification 
technologies required as part of the program under subsection (a) may 
include identification scanners, biometrics, retinal, iris, or facial 
scanners, or any other technologies that the Under Secretary considers 
appropriate for purposes of the program.
    ``(c) Commencement.--If the Under Secretary determines that the 
implementation of such a program is appropriate, the installation and 
use of identification verification technologies under the program shall 
commence as soon as practicable after the date of that 
determination.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 449 is 
amended by adding at the end the following:

``44924. Passenger identification verification''.

              TITLE III--CIRCUMVENTION OF AIRPORT SECURITY

SEC. 301. PROHIBITION ON UNAUTHORIZED CIRCUMVENTION OF AIRPORT SECURITY 
              SYSTEMS AND PROCEDURES.

    (a) Prohibition.--Section 46503 is amended--
            (1) by inserting ``(a) Interference With Security Screening 
        Personnel.--'' before ``An individual''; and
            (2) by adding at the end the following new subsection:
    ``(b) Unauthorized Circumvention of Security Systems and 
Procedures.--An individual in an area within a commercial service 
airport in the United States who intentionally circumvents, in an 
unauthorized manner, a security system or procedure in the airport 
shall be fined under title 18, imprisoned for not more than 10 years, 
or both.''.
    (b) Conforming and Clerical Amendments.--
            (1) The section heading of that section is amended to read 
        as follows:
``Sec. 46503. Interference with security screening personnel; 
              unauthorized circumvention of security systems or 
              procedures''.
            (2) The chapter analysis for chapter 465 is amended by 
        striking the item relating to section 46503 and inserting the 
        following:

``46503. Interference with security screening personnel; unauthorized 
                            circumvention of security systems or 
                            procedures''.

          TITLE IV--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

SEC. 401. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

    Not later than 6 months after the date of enactment of this Act, 
the Under Secretary of Transportation for Security, and the 
Administrator of the Federal Aviation Administration, shall jointly 
submit a report to Congress that--
            (1) evaluates blast-resistant cargo container technology to 
        protect against explosives in passenger luggage and cargo;
            (2) examines the advantages associated with this technology 
        in preventing the damage and loss of aircraft from terrorist 
        action, any operational impacts which may result (particularly 
        added weight and costs) and whether alternatives exist to 
        mitigate such impacts, and options available to pay for this 
        technology; and
            (3) provides recommendations on what further action, if 
        any, should be taken with respect to the use of blast-resistant 
        cargo containers on passenger aircraft.

                        TITLE V--FLIGHT SCHOOLS

SEC. 501. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO OPERATE 
              AIRCRAFT.

    (a) Aliens Covered by Waiting Period.--Subsection (a) of section 
44939 is amended--
            (1) by resetting the text of subsection (a) after ``(a) 
        Waiting Period.--'' as a new paragraph 2 ems from the left 
        margin;
            (2) by striking ``A person'' in that new paragraph and 
        inserting ``(1) In general.--A person'';
            (3) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (4) by striking ``any aircraft having a maximum 
        certificated takeoff weight of 12,500 pounds or more'' and 
        inserting ``an aircraft'';
            (5) by striking ``paragraph (1)'' in paragraph (1)(B), as 
        redesignated, and inserting ``subparagraph (A)''; and
            (6) by adding at the end the following:
            ``(2) Exception.--The requirements of paragraph (1) shall 
        not apply to an alien who--
                    ``(A) has earned a Federal Aviation Administration 
                type rating in an aircraft; or
                    ``(B) holds a current pilot's license or foreign 
                equivalent commercial pilot's license that permits the 
                person to fly an aircraft with a maximum certificated 
                takeoff weight of more than 12,500 pounds as defined by 
                the International Civil Aviation Organization in Annex 
                1 to the Convention on International Civil Aviation.''.
    (b) Covered Training.--Section 44936(c) is amended to read as 
follows:
    ``(c) Covered Training.--
            ``(1) In general.--For purposes of subsection (a), training 
        includes in-flight training, training in a simulator, and any 
        other form or aspect of training.
            ``(2) Exception.--For the purposes of subsection (a), 
        training does not include classroom instruction (also known as 
        ground training), which may be provided to an alien during the 
        45-day period applicable to the alien under that subsection.''.
    (c) Procedures.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Attorney General shall promulgate 
        regulations to implement section 113 of the Aviation and 
        Transportation Security Act.
            (2) Use of overseas facilities.--In order to implement the 
        amendments made to section 44939 of title 49, United States 
        Code, by this section, United States Embassies and Consulates 
        that have fingerprinting capability shall provide 
        fingerprinting services to aliens covered by that section if 
        the Attorney General requires their fingerprinting in the 
        administration of that section, and transmit the fingerprints 
        to the Department of Justice and any other appropriate agency. 
        The Attorney General of the United States shall cooperate with 
        the Secretary of State to carry out this paragraph.
    (d) Effective Date.--Not later than 120 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations to implement the amendments made by this section. The 
Attorney General may not interrupt or prevent the training of any 
person described in section 44939(a)(1) of title 49, United States 
Code, who commenced training on aircraft with a maximum certificated 
takeoff weight of 12,500 pounds or less before, or within 120 days 
after, the date of enactment of this Act unless the Attorney General 
determines that the person represents a risk to aviation or national 
security.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation and the Attorney General 
shall jointly submit to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure a report on the effectiveness of the 
activities carried out under section 44939 of title 49, United States 
Code, as amended by this section, in reducing risks to aviation and 
national security

                        TITLE VI--MISCELLANEOUS

SEC. 601. FAA NOTICE TO AIRMEN FDC 2/0199.

    (a) In General.--The Secretary of Transportation--
            (1) shall maintain in full force and effect the 
        restrictions imposed under Federal Aviation Administration 
        Notice to Airmen FDC 2/0199 (including any local Notices to 
        Airmen of similar effect or import), as those restrictions are 
        in effect on the date of enactment of this Act, for a period of 
        180 days after that date;
            (2) shall rescind immediately any waivers or exemptions 
        from those restrictions that are in effect on the date of 
        enactment of this Act; and
            (3) may not grant any waivers or exemptions from those 
        restrictions, except--
                    (A) as authorized by air traffic control for 
                operational or safety purposes;
                    (B) for operational purposes of an event, stadium, 
                or other venue, including (in the case of a sporting 
                event) equipment or parts, transport of team members, 
                officials of the governing body and immediate family 
                members of team members and officials to and from the 
                event, stadium, or other venue;
                    (C) for broadcast coverage for any broadcast rights 
                holder;
                    (D) for safety and security purposes of the event, 
                stadium, or other venue; or
                    (E) to operate an aircraft in restricted airspace 
                to the extent necessary to arrive at or depart from an 
                airport using standard air traffic procedures.
    (b) Waivers.--Beginning no earlier than 180 days after the date of 
enactment of this Act, the Secretary may modify or terminate such 
restrictions, or issue waivers or exemptions from such restrictions, if 
the Secretary promulgates, after public notice and an opportunity for 
comment, a rule setting forth the standards under which the Secretary 
may grant a waiver or exemption. Such standards shall provide a level 
of security at least equivalent to that provided by the waiver policy 
applied by the Secretary as of the date of enactment of this Act.
    (c) Broadcast Contracts Not Affected.--Nothing in this section 
shall be construed to affect contractual rights pertaining to any 
broadcasting agreement.

                    TITLE VII--TECHNICAL CORRECTIONS

SEC. 701. TECHNICAL CORRECTIONS.

    (a) Section 114(j)(1)(D) is amended by inserting ``Under'' before 
``Secretary''.
    (b) Section 115(c)(1) is amended--
            (1) by striking ``and ratify or disapprove''; and
            (2) by striking ``security'' the second place it appears 
        and inserting ``Security''.
    (c) Section 40109(b) is amended by striking ``40103(b)(1) and (2), 
40119, 44901, 44903, 44906, and 44935--44937'' and inserting 
``40103(b)(1) and (2) and 40119''.
    (d) Section 44901(e) is amended by striking ``subsection 
(b)(1)(A)'' and inserting ``subsection (d)(1)(A)''.
    (e) Section 44901(g)(2) is amended by striking ``Except at airports 
required to enter into agreements under subsection (c), the'' and 
inserting ``The''.
    (f) Section 44903 is amended--
            (1) by striking ``Administrator'' in subsection (c)(3) and 
        inserting ``Under Secretary''; and
            (2) by redesignating the second subsection (h), subsection 
        (i), and the third subsection (h) as subsections (i), (j), and 
        (k), respectively.
    (g) Section 44909 is amended--
            (1) by striking ``Not later than March 16, 1991, the'' in 
        subsection (a)(1) and inserting ``The''; and
            (2) by inserting ``of Transportation for Security'' after 
        ``Under Secretary'' in subsection (c)(2)(F).
    (h) Section 44935 is amended--
            (1) by striking ``States;'' in subsection (e)(2)(A)(ii) and 
        inserting ``States or described in subparagraph (C);'';
            (2) by redesignating subparagraph subsection (e)(2)(C) as 
        subparagraph (D);
            (3) by inserting after subsection (e)(2)(B) the following:
                    ``(C) Other individuals.--An individual is 
                described in this subparagraph if that individual--
                            ``(i) is 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)));
                            ``(ii) was born in a territory of the 
                        United States;
                            ``(iii) was honorably discharged from 
                        service in the Armed Forces of the United 
                        States; or
                            ``(iv) is an alien lawfully admitted for 
                        permanent residence, as defined in section 
                        101(a)(20) of the Immigration and Nationality 
                        Act and was employed to perform security 
                        screening services at an airport in the United 
                        States on the date of enactment of the Aviation 
                        and Transportation Security Act (Public Law 
                        107-71).'';
            (4) by inserting ``and'' after the semicolon in subsection 
        (e)(2)(A) (iii);
            (5) by striking ``establish; and'' in subsection 
        (e)(2)(A)(iv) and inserting ``establish.'';
            (6) by striking subsection (e)(2)(A)(v);
            (7) by adding at the end of subsection (f)(1) the 
        following:
                    ``(E) The individual shall be able to demonstrate 
                daily a fitness for duty without any impairment due to 
                illegal drugs, sleep deprivation, medication, or 
                alcohol.''; and
            (8) by redesignating the second subsection (i) as 
        subsection (k).
    (i) Section 44936(a)(1)(A) is amended by striking ``Transportation 
Security,,'' and inserting ``Security,''.
    (j) Section 44940 is amended--
            (1) by striking ``Federal law enforcement personnel 
        pursuant to section 44903(h).'' in subsection (a)(1)(G) and 
        inserting ``law enforcement personnel pursuant to this 
        title.'';
            (2) by inserting ``for'' after ``rules'' in the caption of 
        subsection (d)(2); and
            (3) by striking subsection (d)(4) and inserting the 
        following:
            ``(4) Fee collection.--Fees may be collected under this 
        section as provided in advance in appropriations Acts.''.
    (k) Section 46301(a) is amended by adding at the end the following:
            ``(8) Aviation security violations.--Notwithstanding 
        paragraphs (1) and (2) of this subsection, the maximum civil 
        penalty for violating chapter 449 or another requirement under 
        this title administered by the Under Secretary of 
        Transportation for Security is $10,000, except that the maximum 
        civil penalty is $25,000 in the case of a person operating an 
        aircraft for the transportation of passengers or property for 
        compensation (except an airman serving as an airman).''.
    (l) Section 46301(d)(2) is amended--
            (1) by striking ``46302, 46303,'' in the first sentence;
            (2) by striking the second sentence and inserting ``The 
        Under Secretary of Transportation for Security may impose a 
        civil penalty for a violation of section 114(l), section 40113, 
        40119, chapter 449 (except sections 44902, 44903(d), 44907(a)--
        (d)(1)(A), 44907(d)(1)(C)--(F), 44908, and 44909), section 
        46302, 46303, or 46318 of this title, or a regulation 
        prescribed or order issued under any of those provisions.''.
    (m) Section 46301(g) is amended by striking ``Secretary'' and 
inserting ``Secretary, the Under Secretary of Transportation for 
Security,''.
    (n) Chapter 465 is amended--
            (1) by striking ``screening'' in the caption of section 
        46503; and
            (2) by striking ``screening'' in the item relating to 
        section 46503 in the chapter analysis.
    (o) Section 47115(i) is amended by striking ``non-federal'' each 
place it appears and inserting ``non-Federal''.
    (p) Section 48107 is amended by striking ``section 
44912(a)(4)(A).'' and inserting ``section 44912(a)(5)(A).''.
    (q) Sections 44903(i)(1) (as redesignated), 44942(b), and 44943(c) 
are each amended by striking ``Under Secretary for Transportation 
Security'' each place it appears and inserting ``Under Secretary''.
    (r) Section 44936 is amended by adding at the end the following:
    ``(f) Protection of Privacy of Applicants and Employees.--The Under 
Secretary shall formulate and implement procedures that are designed to 
prevent the transmission of information not relevant to an applicant's 
or employee's qualifications for unescorted access to secure areas of 
an airport when that applicant or employee is undergoing a criminal 
history records check.''.
    (s) Sections 44942(a)(1) and 44943(a) are each amended by striking 
``Under Secretary for Transportation Security'' and inserting ``Under 
Secretary of Transportation for Security''.
    (t) Subparagraphs (B) and (C) of section 44936(a)(1) are each 
amended by striking ``Under Secretary of Transportation for 
Transportation Security'' and inserting ``Under Secretary''.
    (u) Section 44943(c) is amended by inserting ``and Transportation'' 
after ``Aviation''.
    (v) Section 44942(b) is amended--
            (1) by striking ``(1) Performance plan and report.--'';
            (2) redesignating subparagraphs (A) and (B) as paragraphs 
        (1) and (2), respectively; and
            (3) redesignating clauses (i) and (ii) of paragraph (1), as 
        redesignated, as subparagraphs (A) and (B), respectively.
    (w) The chapter analysis for chapter 449 is amended by inserting 
after the item relating to section 44941 the following:

``44942. Performance goals and objectives
``44943. Performance management plans''.
    (x) Section 44944(a)(1) is amended by striking ``Under Secretary of 
Transportation for Transportation Security'' and inserting ``Under 
Secretary of Transportation for Security''.
    (y) Section 106(b)(2)(B) of the Aviation and Transportation 
Security Act is amended by inserting ``Under'' before ``Secretary''.
    (z) Section 119(c) of the Aviation and Transportation Security Act 
is amended by striking ``section 47192(3)(J)'' and inserting ``section 
47102(3)(J)''.
    (aa) Section 132(a) of the Aviation and Transportation Security Act 
is amended by striking ``12,500 pounds or more.'' and inserting ``more 
than 12,500 pounds.''.

                     TITLE VIII--NTSB AUTHORIZATION

SEC. 801. SHORT TITLE.

    This title may be cited as the ``National Transportation Safety 
Board Reauthorization Act of 2002''.

SEC. 802. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Years 2003-2005.--Section 1118(a) of title 49, United 
States Code, is amended--
            (1) by striking ``and''; and
            (2) by striking ``such sums to'' and inserting the 
        following: ``$73,325,000 for fiscal year 2003, $84,999,000 for 
        fiscal year 2004, and $89,687,000 for fiscal year 2005. Such 
        sums shall''.
    (b) Emergency Fund.--Section 1118(b) of such title is amended by 
striking the second sentence and inserting the following: ``In 
addition, there are authorized to be appropriated such sums as may be 
necessary to increase the fund to, and maintain the fund at, a level 
not to exceed $3,000,000.''.
    (c) NTSB Academy.--Section 1118 of such title is amended by adding 
at the end the following:
    ``(c) Academy.--
            ``(1) Authorization.--There are authorized to be 
        appropriated to the Board for necessary expenses of the 
        National Transportation Safety Board Academy, not otherwise 
        provided for, $3,347,000 for fiscal year 2003, $4,896,000 for 
        fiscal year 2004, and $4,995,000 for fiscal year 2005. Such 
        sums shall remain available until expended.
            ``(2) Fees.--The Board may impose and collect such fees as 
        it determines to be appropriate for services provided by or 
        through the Academy.
            ``(3) Receipts credited as offsetting collections.--
        Notwithstanding section 3302 of title 31, any fee collected 
        under this paragraph--
                    ``(A) shall be credited as offsetting collections 
                to the account that finances the activities and 
                services for which the fee is imposed;
                    ``(B) shall be available for expenditure only to 
                pay the costs of activities and services for which the 
                fee is imposed; and
                    ``(C) shall remain available until expended.
            ``(4) Refunds.--The Board may refund any fee paid by 
        mistake or any amount paid in excess of that required.''.
    (d) Report on Academy Operations.--The National Transportation 
Safety Board shall transmit an annual report to the Congress on the 
activities and operations of the National Transportation Safety Board 
Academy.

SEC. 803. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT 
              ACCIDENTS.

    (a) Relinquishment of Investigative Priority.--Section 1136 of 
title 49, United States Code, is amended by adding at the end the 
following:
    ``(j) Relinquishment of Investigative Priority.--
            ``(1) General rule.--This section (other than subsection 
        (g)) shall not apply to an aircraft accident if the Board has 
        relinquished investigative priority under section 1131(a)(2)(B) 
        and the Federal agency to which the Board relinquished 
        investigative priority is willing and able to provide 
        assistance to the victims and families of the passengers 
        involved in the accident.
            ``(2) Board assistance.--If this section does not apply to 
        an aircraft accident because the Board has relinquished 
        investigative priority with respect to the accident, the Board 
        shall assist, to the maximum extent possible, the agency to 
        which the Board has relinquished investigative priority in 
        assisting families with respect to the accident.''.
    (b) Revision of MOU.--Not later than 1 year after the date of 
enactment of this Act, the National Transportation Safety Board and the 
Federal Bureau of Investigation shall revise their 1977 agreement on 
the investigation of accidents to take into account the amendments made 
by this section and shall submit a copy of the revised agreement to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

SEC. 804. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS 
              SERVICES.

    Section 1113(b) of title 49, United States Code, is amended--
            (1) by striking ``Statutes;'' in paragraph (1)(B) and 
        inserting ``Statutes, and, for investigations conducted under 
        section 1131, enter into such agreements or contracts without 
        regard to any other provision of law requiring competition if 
        necessary to expedite the investigation;''; and
            (2) by adding at the end the following:
    ``(3) The Board, as a component of its annual report under section 
1117, shall include an enumeration of each contract for $25,000 or more 
executed under this section during the preceding calendar year.''.

                    TITLE IX--CHILD PASSENGER SAFETY

SEC. 901. SHORT TITLE.

    This title may be cited as ``Anton's Law''.

SEC. 902. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR 
              VEHICLES.

    (a) In General.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Transportation shall initiate a 
rulemaking proceeding to establish performance requirements for child 
restraints, including booster seats, for the restraint of children 
weighing more than 50 pounds.
    (b) Elements for Consideration.--In the rulemaking proceeding 
required by subsection (a), the Secretary shall--
            (1) consider whether to include injury performance criteria 
        for child restraints, including booster seats and other 
        products for use in passenger motor vehicles for the restraint 
        of children weighing more than 40 pounds, under the 
        requirements established in the rulemaking proceeding;
            (2) consider whether to establish performance requirements 
        for seat belt fit when used with booster seats and other belt 
        guidance devices;
            (3) consider whether to develop a solution for children 
        weighing more than 40 pounds who only have access to seating 
        positions with lap belts, such as allowing tethered child 
        restraints for such children; and
            (4) review the definition of the term ``booster seat'' in 
        Federal motor vehicle safety standard No. 213 under section 
        571.213 of title 49, Code of Federal Regulation, to determine 
        if it is sufficiently comprehensive.
    (c) Completion.--The Secretary shall complete the rulemaking 
proceeding required by subsection (a) not later than 30 months after 
the date of the enactment of this Act.

SEC. 903. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY SIMULATING A 10-
              YEAR OLD CHILD.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report on the 
current schedule and status of activities of the Department of 
Transportation to develop, evaluate, and certify a commercially 
available dummy that simulates a 10-year old child for use in testing 
the effectiveness of child restraints used in passenger motor vehicles.

SEC. 904. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER BELTS.

    (a) In General.--Not later than 24 months after the date of the 
enactment of this Act, the Secretary of Transportation shall complete a 
rulemaking proceeding to amend Federal motor vehicle safety standard 
No. 208 under section 571.208 of title 49, Code of Federal Regulations, 
relating to occupant crash protection, in order to--
            (1) require a lap and shoulder belt assembly for each rear 
        designated seating position in a passenger motor vehicle with a 
        gross vehicle weight rating of 10,000 pounds or less, except 
        that if the Secretary determines that installation of a lap and 
        shoulder belt assembly is not practicable for a particular 
        designated seating position in a particular type of passenger 
        motor vehicle, the Secretary may exclude the designated seating 
        position from the requirement; and
            (2) apply that requirement to passenger motor vehicles in 
        phases in accordance with subsection (b).
    (b) Implementation Schedule.--The requirement prescribed under 
subsection (a)(1) shall be implemented in phases on a production year 
basis beginning with the production year that begins not later than 12 
months after the end of the year in which the regulations are 
prescribed under subsection (a). The final rule shall apply to all 
passenger motor vehicles with a gross vehicle weight rating of 10,000 
pounds or less that are manufactured in the third production year of 
the implementation phase-in under the schedule.
    (c) Report on Determination To Exclude.--
            (1) Requirement.--If the Secretary determines under 
        subsection (a)(1) that installation of a lap and shoulder belt 
        assembly is not practicable for a particular designated seating 
        position in a particular type of motor vehicle, the Secretary 
        shall submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives a report specifying 
        the reasons for the determination.
            (2) Deadline.--The report under paragraph (1) shall be 
        submitted, if at all, not later than 30 days after the date on 
        which the Secretary issues a final rule under subsection (a).

SEC. 905. TWO-YEAR EXTENSION OF CHILD PASSENGER PROTECTION EDUCATION 
              GRANTS PROGRAM.

    Section 2003(b)(7) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 405 note; 112 Stat. 328) is amended by striking 
``and 2001.'' and inserting ``through 2004.''

SEC. 906. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY PROGRAMS.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following new section:
``Sec. 412. Grant program for improving child passenger safety programs
    ``(a) Standards and Requirements Regarding Child Restraint Laws.--
Not later than October 1, 2003, the Secretary shall establish 
appropriate criteria applicable to child restraint laws for purposes of 
eligibility for grants under this section. The criteria shall be 
consistent with the provisions of Anton's Law.
    ``(b) Requirement To Make Grants.--
            ``(1) In general.--The Secretary shall make a grant to each 
        State and Indian tribe that, as determined by the Secretary, 
        has a child restraint law in effect on September 30, 2004.
            ``(2) Limitation on number of grants.--Not more than one 
        grant may be made to a State or Indian tribe under this 
        section.
            ``(3) Commencement.--The requirement in paragraph (1) shall 
        commence on October 1, 2004.
    ``(c) Grant Amount.--The amount of the grant to a State or Indian 
tribe under this section shall be the amount equal to five times the 
amount provided to the State or Indian tribe, as the case may be, under 
section 2003(b)(7) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 405 note) in fiscal year 2003.
    ``(d) Use of Grant Amounts.--
            ``(1) In general.--A State or Indian tribe shall use any 
        amount received by the State or Indian tribe, as the case may 
        be, under this section to carry out child passenger protection 
        programs for children under the age of 16 years, including 
        programs for purposes as follows:
                    ``(A) To educate the public concerning the proper 
                use and installation of child restraints, including 
                booster seats.
                    ``(B) To train and retain child passenger safety 
                professionals, police officers, fire and emergency 
                medical personnel, and educators concerning all aspects 
                of the use of child restraints.
                    ``(C) To provide child restraint systems, including 
                booster seats and the hardware needed for their proper 
                installation, to families that cannot otherwise afford 
                such systems.
                    ``(D) To support enforcement of the child restraint 
                law concerned.
            ``(2) Limitation on federal share.--The Federal share of 
        the cost of a program under paragraph (1) that is carried out 
        using amounts from a grant under this section may not exceed 80 
        percent of the cost of the program.
    ``(e) Administrative Expenses.--The amount of administrative 
expenses under this section in any fiscal year may not exceed the 
amount equal to five percent of the amount available for making grants 
under this section in the fiscal year.
    ``(f) Applicability of Chapter 1.--The provisions of section 402(d) 
of this title shall apply to funds authorized to be appropriated to 
make grants under this section as if such funds were highway safety 
funds authorized to be appropriated to carry out section 402 of this 
title.
    ``(g) Definitions.--In this section:
            ``(1) Child restraint law.--The term `child restraint law' 
        means a law that--
                    ``(A) satisfies standards established by the 
                Secretary under Anton's Law for the proper restraint of 
                children who are over the age of 3 years or who weigh 
                at least 40 pounds;
                    ``(B) prescribes a penalty for operating a 
                passenger motor vehicle in which any occupant of the 
                vehicle who is under the age of 16 years is not 
                properly restrained in an appropriate restraint system 
                (including seat belts, booster seats used in 
                combination with seat belts, or other child 
                restraints); and
                    ``(C) meets any criteria established by the 
                Secretary under subsection (a) for purposes of this 
                section.
            ``(2) Passenger motor vehicle.--The term `passenger motor 
        vehicle' has the meaning given that term in section 405(f)(5) 
        of this title.
            ``(3) State.--The term `State' has the meaning given in 
        section 101 of this title and includes any Territory or 
        possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
that chapter is amended by inserting after the item relating to section 
411 the following new item:

``412. Grant program for improving child passenger safety programs.''.

SEC. 907. DEFINITIONS.

    In this title:
            (1) Child restraint.--The term ``child restraint'' means 
        any product designed to provide restraint to a child (including 
        booster seats and other products used with a lap and shoulder 
        belt assembly) that meets applicable Federal motor vehicle 
        safety standards prescribed by the National Highway Traffic 
        Safety Administration.
            (2) Production year.--The term ``production year'' means 
        the 12-month period between September 1 of a year and August 31 
        of the following year.
            (3) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given that term in section 405(f)(5) 
        of title 23, United States Code.

SEC. 908. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary to carry out this title, 
including the making of grants under section 412 of title 23, United 
States Code, as added by section 906.

            Passed the Senate November 18, 2002.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                S. 2949

_______________________________________________________________________

                                 AN ACT

   To provide for enhanced aviation security, and for other purposes.