[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2144 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2144

 To amend title 49, United States Code, to make technical corrections 
and improvements relating to aviation security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2003

   Mr. Young of Alaska (for himself, Mr. Mica, Mr. Oberstar, and Mr. 
   DeFazio) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to make technical corrections 
and improvements relating to 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 
Technical Corrections and Improvements Act of 2003''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49, United States Code.
   TITLE I--AVIATION SECURITY TECHNICAL CORRECTIONS AND IMPROVEMENTS

Sec. 101. Transportation security functions of Department of Homeland 
                            Security.
Sec. 102. Amendments to chapter 1.
Sec. 103. Amendment to chapter 3.
Sec. 104. Amendment to chapter 337.
Sec. 105. Amendments to chapter 401.
Sec. 106. Amendments to chapter 411.
Sec. 107. Amendment to chapter 443.
Sec. 108. Amendments to chapter 445.
Sec. 109. Amendments to chapter 461.
Sec. 110. Amendments to chapter 463.
Sec. 111. Amendments to chapter 465.
Sec. 112. Amendments to chapter 471.
Sec. 113. Amendment to chapter 481.
Sec. 114. Amendments to Aviation and Transportation Security Act.
Sec. 115. Amendment to title 5, United States Code.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Exemption for charter operations to provide transportation 
                            for the Armed Forces.
Sec. 202. Charter flights at Ronald Reagan Washington National Airport.
Sec. 203. Pilot program for cargo security.
Sec. 204. Trusted traveler program.
Sec. 205. Threats to United States airports.
Sec. 206. Blast-resistant cargo container technology.
Sec. 207. Allocations of passenger and baggage screening personnel and 
                            equipment.
Sec. 208. Reimbursement of air carriers for certain screening and 
                            related activities.

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

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

   TITLE I--AVIATION SECURITY TECHNICAL CORRECTIONS AND IMPROVEMENTS

SEC. 101. TRANSPORTATION SECURITY FUNCTIONS OF DEPARTMENT OF HOMELAND 
              SECURITY.

    (a) In General.--Subtitle II is amended--
            (1) by striking the table of chapters and inserting the 
        following:

             ``PART A--NATIONAL TRANSPORTATION SAFETY BOARD

``Chapter                                                          Sec.
``11. NATIONAL TRANSPORTATION SAFETY BOARD..................      1101 
               ``PART B--DEPARTMENT OF HOMELAND SECURITY

``12. GENERAL PROVISIONS....................................      1201 
``13. TRANSPORTATION SECURITY ADMINISTRATION................      1301 
``15. AVIATION SECURITY.....................................      1501 
``17. INVESTIGATIONS AND PROCEEDINGS........................      1701 
``19. PENALTIES.............................................    1901'';
            (2) by inserting before the chapter heading for chapter 11 
        the following:

           ``PART A--NATIONAL TRANSPORTATION SAFETY BOARD'';

        and
            (3) by adding at the end the following:

               ``PART B--DEPARTMENT OF HOMELAND SECURITY

                    ``CHAPTER 12--GENERAL PROVISIONS

``Sec.
``1201. Definitions.
``Sec. 1201. Definitions
    ``(a) In General.--In this part, the following definitions apply:
            ``(1) Under secretary for border and transportation 
        security.--The term `Under Secretary for Border and 
        Transportation Security' means the Under Secretary for Border 
        and Transportation Security of the Department of Homeland 
        Security.
    ``(b) Applicability of Definitions in Subtitle VII.--Except as 
otherwise specifically provided, the definitions contained in section 
40102 shall apply to this part.

          ``CHAPTER 13--TRANSPORTATION SECURITY ADMINISTRATION

            ``SUBCHAPTER I--ORGANIZATION AND ADMINISTRATIVE

``Sec.
``1301. Transportation Security Administration.
``1302. Transportation Security Oversight Board.
``1303. Small business ombudsman.
                       ``SUBCHAPTER II--AUTHORITY

``1321. Authority of Under Secretary for Border and Transportation 
                            Security.
``1322. National emergency responsibilities.
``1323. Management of security information.
``1324. Views of National Transportation Safety Board,
``1325. Acquisitions.
``1326. Reserved.
``1327. Regulations.
``1328. Personnel and services; cooperation by Under Secretary.
``1329. Personnel management system.
``1330. Acquisition management system.
``1331. Authority of Inspector General.
``1332. Law enforcement powers.
``1333. Authority to exempt.
``1334. Nondisclosure of security activities.
``1335. Administrative.

            ``SUBCHAPTER I--ORGANIZATION AND ADMINISTRATIVE

``Sec. 1301. Transportation Security Administration
    ``(a) In General.--The Transportation Security Administration shall 
be an administration within the Directorate of Border and 
Transportation Security in the Department of Homeland Security.
    ``(b) Administrator.--
            ``(1) Appointment.--The head of the Administration shall be 
        the Administrator of the Transportation Security 
        Administration. The Administrator shall be appointed by the 
        President, by and with the advice and consent of the Senate.
            ``(2) Qualifications.--The Administrator must--
                    ``(A) be a citizen of the United States; and
                    ``(B) have experience in a field directly related 
                to transportation or security.
            ``(3) Term.--The term of office of an individual appointed 
        as the Administrator shall be 5 years.
            ``(4) Bonus eligibility.--In addition to the annual rate of 
        pay authorized by section 5313 of title 5, the Administrator 
        may receive a bonus for any calendar year not to exceed 30 
        percent of the annual rate of pay, based on the evaluation of 
        the Under Secretary for Border and Transportation Security of 
        the performance of the Administrator.
    ``(c) Limitation on Ownership of Stocks and Bonds.--The 
Administrator may not own stock in or bonds of a transportation or 
security enterprise or an enterprise that makes equipment that could be 
used for security purposes.
``Sec. 1302. Transportation Security Oversight Board
    ``(a) In General.--There is established in the Department of 
Homeland Security a board to be known as the `Transportation Security 
Oversight Board'.
    ``(b) Membership.--
            ``(1) Number and appointment.--The Board shall be composed 
        of 7 members as follows:
                    ``(A) The Secretary of Homeland Security, or the 
                Secretary's designee.
                    ``(B) The Secretary of Transportation, or the 
                Secretary's designee.
                    ``(C) The Attorney General, or the Attorney 
                General's designee.
                    ``(D) The Secretary of Defense, or the Secretary's 
                designee.
                    ``(E) The Secretary of the Treasury, or the 
                Secretary's designee.
                    ``(F) The Director of the Central Intelligence 
                Agency, or the Director's designee.
                    ``(G) One member appointed by the President to 
                represent the National Security Council.
            ``(2) Chairperson.--The Chairperson of the Board shall be 
        the Secretary of Homeland Security.
    ``(c) Duties.--The Board shall--
            ``(1) review and ratify or disapprove any regulation or 
        security directive issued by the Under Secretary for Border and 
        Transportation Security under section 1337(b) within 30 days 
        after the date of issuance of such regulation or directive;
            ``(2) facilitate the coordination of intelligence, 
        security, and law enforcement activities affecting 
        transportation;
            ``(3) facilitate the sharing of intelligence, security, and 
        law enforcement information affecting transportation among 
        Federal agencies and with carriers and other transportation 
        providers as appropriate;
            ``(4) explore the technical feasibility of developing a 
        common database of individuals who may pose a threat to 
        transportation or national security;
            ``(5) review plans for transportation security; and
            ``(6) make recommendations to the Under Secretary regarding 
        matters reviewed under paragraph (5).
    ``(d) Quarterly Meetings.--The Board shall meet at least quarterly.
    ``(e) Consideration of Security Information.--A majority of the 
Board may vote to close a meeting of the Board to the public, except 
that meetings shall be closed to the public whenever classified, 
sensitive security information, or information protected in accordance 
with section 40119(b), will be discussed.
``Sec. 1303. Small business ombudsman
    ``(a) Establishment.--There shall be in the Transportation Security 
Administration a Small Business Ombudsman.
    ``(b) General Duties and Responsibilities.--The Ombudsman shall--
            ``(1) be appointed by the Administrator of the 
        Transportation Security Administration;
            ``(2) serve as a liaison with small businesses in the 
        aviation and security industries;
            ``(3) be consulted when the Under Secretary for Border and 
        Transportation Security proposes regulations that may affect 
        small businesses in the aviation or security industry so as to 
        minimize any adverse affect on those businesses;
            ``(4) provide assistance to small businesses in resolving 
        disputes with the Under Secretary or Administrator; and
            ``(5) report directly to the Administrator.

                       ``SUBCHAPTER II--AUTHORITY

``Sec. 1321. Authority of Under Secretary for Border and Transportation 
              Security
    ``(a) Functions, Duties, and Powers.--In addition to other 
functions, duties, and powers authorized by law, and except as 
otherwise specifically provided, the Under Secretary for Border and 
Transportation Security shall exercise the functions, duties, and 
powers set forth in this part.
    ``(b) Delegation of Authorities to TSA Administrator.--The Under 
Secretary may delegate such functions, duties, and powers to the 
Administrator of the Transportation Security Administration as the 
Under Secretary considers appropriate.
    ``(c) Functions.--The Under Secretary shall be responsible for 
security in all modes of transportation, including--
            ``(1) carrying out chapter 15, relating to civil aviation 
        security and related research and development activities; and
            ``(2) security responsibilities over other modes of 
        transportation that are exercised by the Department of Homeland 
        Security.
    ``(d) Screening Operations.--The Under Secretary shall--
            ``(1) be responsible for day-to-day Federal security 
        screening operations for passenger air transportation and 
        intrastate air transportation under sections 1501 and 1535;
            ``(2) develop standards for the hiring and retention of 
        security screening personnel;
            ``(3) train and test security screening personnel; and
            ``(4) be responsible for hiring and training personnel to 
        provide security screening at all airports in the United States 
        where screening is required under section 1501, in consultation 
        with the Secretary of Transportation and the heads of other 
        appropriate Federal agencies and departments.
    ``(e) Additional Duties and Powers.--In addition to carrying out 
the functions specified in this section, the Under Secretary shall--
            ``(1) receive, assess, and distribute intelligence 
        information related to transportation security;
            ``(2) assess threats to transportation;
            ``(3) develop policies, strategies, and plans for dealing 
        with threats to transportation security;
            ``(4) make other plans related to transportation security, 
        including coordinating countermeasures with appropriate 
        departments, agencies, and instrumentalities of the United 
        States Government;
            ``(5) serve as the primary liaison for transportation 
        security to the intelligence and law enforcement communities;
            ``(6) on a day-to-day basis, manage and provide operational 
        guidance to the field security resources of the Administration, 
        including Federal Security Directors as provided by section 
        1533;
            ``(7) enforce security-related regulations and 
        requirements;
            ``(8) identify and undertake research and development 
        activities necessary to enhance transportation security;
            ``(9) inspect, maintain, and test security facilities, 
        equipment, and systems;
            ``(10) ensure the adequacy of security measures for the 
        transportation of cargo;
            ``(11) oversee the implementation, and ensure the adequacy, 
        of security measures at airports and other transportation 
        facilities;
            ``(12) require background checks for airport security 
        screening personnel, individuals with access to secure areas of 
        airports, and other transportation security personnel;
            ``(13) 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;
            ``(14) work with the International Civil Aviation 
        Organization and appropriate aeronautic authorities of foreign 
        governments under section 1507 to address security concerns on 
        passenger flights by foreign air carriers in foreign air 
        transportation;
            ``(15) carry out such other duties, and exercise such other 
        powers, relating to transportation security as the Under 
        Secretary considers appropriate, to the extent authorized by 
        law; and
            ``(16) review and, as necessary, develop ways to strengthen 
        air transportation security, including ways--
                    ``(A) to strengthen controls over checked baggage 
                in air transportation, including ways to ensure baggage 
                reconciliation and inspection of items in passenger 
                baggage that could potentially contain explosive 
                devices;
                    ``(B) to strengthen controls over individuals 
                having access to aircraft;
                    ``(C) to improve testing of security systems;
                    ``(D) to ensure the use of best available equipment 
                for air transportation security purposes;
                    ``(E) to strengthen preflight screening of 
                passengers;
                    ``(F) to strengthen and enhance the ability to 
                detect or neutralize nonexplosive weapons, such as 
                biological, chemical, or similar substances; and
                    ``(G) to evaluate such additional measures as may 
                be appropriate to enhance inspection of passengers, 
                baggage, and cargo.
``Sec. 1322. National emergency responsibilities
    ``(a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of Transportation, shall prescribe the 
circumstances constituting a national emergency for purposes of this 
section and address the coordination of transportation security 
responsibilities in the case of a national emergency.
    ``(b) Responsibilities of Under Secretary.--Subject to the 
direction and control of the Secretary of Homeland Security, the Under 
Secretary for Border and Transportation Security, during a national 
emergency, shall have the following responsibilities:
            ``(1) To coordinate domestic transportation, including 
        aviation, rail, and other surface transportation, and maritime 
        transportation (including port security).
            ``(2) To coordinate and oversee the transportation-related 
        responsibilities of other departments and agencies of the 
        Federal Government other than the Department of Defense and the 
        military departments.
            ``(3) 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.
            ``(4) To carry out such other duties, and exercise such 
        other powers, relating to transportation during a national 
        emergency as the Secretary shall prescribe.
    ``(c) Authority of Other Departments and Agencies.--The authority 
of the Under Secretary under this section 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.
``Sec. 1323. Management of security information
    ``In consultation with the Transportation Security Oversight Board, 
the Under Secretary for Border and Transportation Security shall--
            ``(1) enter into memoranda of understanding with Federal 
        agencies or other entities to share or otherwise cross-check as 
        necessary data on individuals identified on Federal agency 
        databases who may pose a risk to transportation or national 
        security;
            ``(2) establish procedures for notifying the Administrator 
        of the Federal Aviation Administration, appropriate State and 
        local law enforcement officials, and airport or airline 
        security officers of the identity of individuals known to pose, 
        or suspected of posing, a risk of air piracy or terrorism or a 
        threat to airline or passenger safety;
            ``(3) in consultation with other appropriate Federal 
        agencies and air carriers, establish policies and procedures 
        requiring air carriers--
                    ``(A) to use information from government agencies 
                to identify individuals on passenger lists who may be a 
                threat to civil aviation or national security; and
                    ``(B) if such an individual is identified, notify 
                appropriate law enforcement agencies, prevent the 
                individual from boarding an aircraft, or take other 
                appropriate action with respect to that individual; and
            ``(4) consider requiring passenger air carriers to share 
        passenger lists with appropriate Federal agencies for the 
        purpose of identifying individuals who may pose a threat to 
        aviation safety or national security.
``Sec. 1324. Views of National Transportation Safety Board
    In taking any action under this subchapter that could affect 
safety, the Under Secretary for Border and Transportation Security 
shall give great weight to the timely views of the National 
Transportation Safety Board.
``Sec. 1325. Acquisitions
    ``(a) In General.--The Under Secretary for Border and 
Transportation Security is authorized--
            ``(1) to acquire (by purchase, lease, condemnation, or 
        otherwise) such real property, or any interest therein, within 
        and outside the continental United States, as the Under 
        Secretary considers necessary;
            ``(2) to acquire (by purchase, lease, condemnation, or 
        otherwise) and to construct, repair, operate, and maintain such 
        personal property (including office space and patents), or any 
        interest therein, within and outside the continental United 
        States, as the Under Secretary considers necessary;
            ``(3) to lease to others such real and personal property 
        and to provide by contract or otherwise for necessary 
        facilities for the welfare of its employees and to acquire, 
        maintain, and operate equipment for these facilities;
            ``(4) to acquire services, including such personal services 
        as the Under Secretary determines necessary, and to acquire (by 
        purchase, lease, condemnation, or otherwise) and to construct, 
        repair, operate, and maintain research and testing sites and 
        facilities; and
            ``(5) in cooperation with the Administrator of the Federal 
        Aviation Administration, to utilize the research and 
        development facilities of the Federal Aviation Administration.
    ``(b) Title.--Title to any property or interest therein acquired 
pursuant to this subsection shall be held by the Government of the 
United States.
    ``(c) Authority of GSA.--Notwithstanding subsection (a), the Under 
Secretary may not undertake any project for which congressional 
approval is required under section 3307 of title 40.
``Sec. 1326. Reserved
``Sec. 1327. Regulations
    ``(a) In General.--The Under Secretary for Border and 
Transportation Security is authorized to issue, rescind, and revise 
such regulations as are necessary to carry out the functions of the 
Transportation Security Administration.
    ``(b) Emergency Procedures.--
            ``(1) In general.--Notwithstanding any other provision of 
        law or executive order (including an executive order requiring 
        a cost-benefit analysis), if the Under Secretary determines 
        that a regulation or security directive must be issued 
        immediately in order to protect transportation security, the 
        Under Secretary shall issue the regulation or security 
        directive without providing notice or an opportunity for 
        comment and without prior approval of the Secretary of Homeland 
        Security.
            ``(2) Review by transportation security oversight board.--
        Any regulation or security directive issued under this 
        subsection shall be subject to review by the Transportation 
        Security Oversight Board established under section 1312. Any 
        regulation or security directive issued under this subsection 
        shall remain effective for a period not to exceed 90 days 
        unless ratified or disapproved by the Board or rescinded by the 
        Under Secretary.
    ``(c) Factors to Consider.--In determining whether to issue, 
rescind, or revise a regulation under this subchapter, the Under 
Secretary shall consider, as a factor in the final determination, 
whether the costs of the regulation are excessive in relation to the 
enhancement of security the regulation will provide. The Under 
Secretary may waive requirements for an analysis that estimates the 
number of lives that will be saved by the regulation and the monetary 
value of such lives if the Under Secretary determines that it is not 
feasible to make such an estimate.
    ``(d) Airworthiness Objections by FAA.--
            ``(1) In general.--The Under Secretary shall not take an 
        aviation security action under this title if the Administrator 
        of the Federal Aviation Administration notifies the Under 
        Secretary that the action could adversely affect the 
        airworthiness of an aircraft.
            ``(2) Review by secretary.--Notwithstanding paragraph (1), 
        the Under Secretary may take such an action, after receiving a 
        notification concerning the action from the Administrator of 
        the Federal Aviation Administration under paragraph (1), if the 
        Secretary of Homeland Security, after consultation with the 
        Secretary of Transportation, subsequently approves the action.
``Sec. 1328. Personnel and services; cooperation by Under Secretary
    ``(a) Authority of Under Secretary.--In carrying out the functions 
of the Transportation Security Administration, the Under Secretary for 
Border and Transportation Security shall have the same authority as is 
provided to the Administrator of the Federal Aviation Administration 
under subsections (l) and (m) of section 106.
    ``(b) Authority of Agency Heads.--The head of a Federal agency 
shall have the same authority to provide services, supplies, equipment, 
personnel, and facilities to the Under Secretary as the head has to 
provide services, supplies, equipment, personnel, and facilities to the 
Administrator of the Federal Aviation Administration under section 
106(m).
``Sec. 1329. Personnel management system
    ``The personnel management system established by the Administrator 
of the Federal Aviation Administration under section 40122 shall apply 
to employees of the Transportation Security Administration, or, subject 
to the requirements of such section, the Under Secretary for Border and 
Transportation Security may make such modifications to the personnel 
management system with respect to such employees as the Under Secretary 
considers appropriate, such as adopting aspects of other personnel 
systems of the Department of Transportation or the Department of 
Homeland Security.
``Sec. 1330. Acquisition management system
    ``The acquisition management system established by the 
Administrator of the Federal Aviation Administration under section 
40110 shall apply to acquisitions of supplies, services, and property 
by the Transportation Security Administration, or, subject to the 
requirements of such section, the Under Secretary for Border and 
Transportation Security may make such modifications to the acquisition 
management system with respect to such acquisitions of supplies, 
services, and property as the Under Secretary considers appropriate, 
such as adopting aspects of other acquisition management systems of the 
Department of Transportation or the Department of Homeland Security. 
Any appeal of a decision made under the acquisition system developed 
under this subsection shall be conducted in accordance with section 
1710.
``Sec. 1331. Authority of Inspector General
    ``The Transportation Security Administration shall be subject to 
the Inspector General Act of 1978 (5 U.S.C. App.) and other laws 
relating to the authority of the Inspector General of the Department of 
Homeland Security.
``Sec. 1332. Law enforcement powers
    ``(a) In General.--The Under Secretary for Border and 
Transportation Security may designate an employee of the Transportation 
Security Administration to serve as a law enforcement officer.
    ``(b) Powers.--While engaged in official duties of the 
Administration as required to fulfill the responsibilities under this 
section, a law enforcement officer designated under subsection (a) 
may--
            ``(1) carry a firearm;
            ``(2) make an arrest without a warrant for any offense 
        against the United States committed in the presence of the 
        officer, or for any felony cognizable under the laws of the 
        United States if the officer has probable cause to believe that 
        the person to be arrested has committed or is committing the 
        felony; and
            ``(3) seek and execute warrants for arrest or seizure of 
        evidence issued under the authority of the United States upon 
        probable cause that a violation has been committed.
    ``(c) Guidelines on Exercise of Authority.--The authority provided 
by this section shall be exercised in accordance with guidelines 
prescribed by the Under Secretary, in consultation with the Attorney 
General of the United States, and shall include adherence to the 
Attorney General's policy on use of deadly force.
    ``(d) Revocation or Suspension of Authority.--The powers authorized 
by this section may be rescinded or suspended should the Attorney 
General determine that the Under Secretary has not complied with the 
guidelines prescribed in subsection (c) and conveys the determination 
in writing to the Secretary of Homeland Security and the Under 
Secretary.
``Sec. 1333. Authority to exempt
    ``The Under Secretary for Border and Transportation Security may 
grant an exemption from a regulation prescribed in carrying out this 
part if the Under Secretary determines that the exemption is in the 
public interest.
``Sec. 1334. Nondisclosure of security activities
    ``(a) In General.--Notwithstanding section 552 of title 5, the 
Under Secretary for Border and Transportation Security shall prescribe 
regulations prohibiting the disclosure of information obtained or 
developed in carrying out security under this part if the Under 
Secretary decides that disclosing the information would--
            ``(1) be an unwarranted invasion of personal privacy;
            ``(2) reveal a trade secret or privileged or confidential 
        commercial or financial information; or
            ``(3) reveal a United States Government program or activity 
        for safeguarding the security of transportation.
    ``(b) Availability of Information to Congress.--Subsection (a) does 
not authorize information to be withheld from a committee of Congress 
authorized to have the information.
    ``(c) Limitation on Transferability of Duties.--Except as otherwise 
provided by law, the Under Secretary may not transfer a duty or power 
under this section to another department, agency, or instrumentality of 
the United States.
``Sec. 1335. Administrative
    ``(a) General Authority.--The Under Secretary for Border and 
Transportation Security may take action the Under Secretary considers 
necessary to carry out this part, including conducting investigations, 
prescribing regulations, standards, and procedures, and issuing orders.
    ``(b) Indemnification.--The Under Secretary for Border and 
Transportation Security may indemnify an officer or employee of the 
Transportation Security Administration against a claim or judgment 
arising out of an act that the Under Secretary decides was committed 
within the scope of the official duties of the officer or employee.

                    ``CHAPTER 15--AVIATION SECURITY

                      ``SUBCHAPTER I--REQUIREMENTS

``Sec.
``1501. Screening passengers and property.
``1502. Refusal to transport passengers and property.
``1503. Air transportation security.
``1504. Domestic air transportation system security.
``1505. Information about threats to civil aviation.
``1506. Foreign air carrier security programs.
``1507. Security standards at foreign airports.
``1508. Travel advisory and suspension of foreign assistance.
``1509. Passenger manifests.
``1510. Agreements on aircraft sabotage, aircraft hijacking, and 
                            airport security.
``1511. Intelligence.
``1512. Research and development.
``1513. Explosive detection.
``1514. Airport construction guidelines.
``1515. Exemptions.
``1516. Assessments and evaluations.
``1517. Deployment of Federal air marshals.
``1518. Crew training.
``1519. Security screening pilot program.
``1520. Security screening opt-out program.
``1521. Federal flight deck officer program.
``1522. Deputation of State and local law enforcement officers.
``1523. Limitation of flights over certain stadiums.
``1524. Certification of explosives detection canine and handler teams.
``1525. Airport security improvement projects.
``1526. Repair station security.
             ``SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

``1531. Reserved.
``1532. Reserved.
``1533. Federal Security Directors.
``1534. Foreign Security Liaison Officers.
``1535. Employment standards and training.
``1536. Employment investigations and restrictions.
``1537. Prohibition on transferring duties and powers.
``1538. Reports.
``1539. Training to operate certain aircraft.
``1540. Security service fee.
``1541. Immunity for reporting suspicious activities.
``1542. Performance goals and objectives.
``1543. Performance management system.
``1544. Voluntary provision of emergency services.

                      ``SUBCHAPTER I--REQUIREMENTS

``Sec. 1501. Screening passengers and property
    ``(a) In General.--The Under Secretary for Border and 
Transportation Security 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 a 
passenger aircraft operated by an air carrier or foreign air carrier in 
air transportation or intrastate air transportation. In the case of 
flights and flight segments originating in the United States, the 
screening shall take place before boarding and shall be carried out by 
a Federal Government employee (as defined in section 2105 of title 5 
or, in the case of United States mail, by an employee or officer of the 
United States Postal Service under standards and procedures established 
pursuant to a Memorandum of Understanding between the Under Secretary 
and the United States Postal Service) except as otherwise provided in 
section 1519 or 1520 and except for identifying passengers and baggage 
for screening under the CAPPS and known shipper programs and conducting 
positive bag-match programs.
    ``(b) Supervision of Screening.--All screening of passengers and 
property at airports in the United States where screening is required 
under this section shall be supervised by uniformed Federal personnel 
of the Transportation Security Administration who shall have the power 
to order the dismissal of any individual performing such screening.
    ``(c) Checked Baggage.--A system must be in operation to screen all 
checked baggage at all airports in the United States as soon as 
practicable but not later than January 19, 2002.
    ``(d) Explosive Detection Systems.--
            ``(1) In general.--The Under Secretary for Border and 
        Transportation Security shall take all necessary action to 
        ensure that--
                    ``(A) explosive detection systems are deployed as 
                soon as possible to ensure that all United States 
                airports described in section 1503(c) have sufficient 
                explosive detection systems to screen all checked 
                baggage no later than December 31, 2002, and that as 
                soon as such systems are in place at an airport, all 
                checked baggage at the airport is screened by those 
                systems; and
                    ``(B) all systems deployed under subparagraph (A) 
                are fully utilized; and
                    ``(C) if explosive detection equipment at an 
                airport is unavailable, all checked baggage is screened 
                by an alternative means.
            ``(2) Deadline.--
                    ``(A) In general.--If, in his discretion or at the 
                request of an airport, the Under Secretary determines 
                that the Transportation Security Administration is not 
                able to deploy explosive detection systems required to 
                be deployed under paragraph (1) at all airports where 
                explosive detection systems are required by December 
                31, 2002, then with respect to each airport for which 
                the Under Secretary makes that determination--
                            ``(i) the Under Secretary shall submit to 
                        the Senate Committee on Commerce, Science, and 
                        Transportation and the House of Representatives 
                        Committee on Transportation and Infrastructure 
                        a detailed plan (which may be submitted in 
                        classified form) for the deployment of the 
                        number of explosive detection systems at that 
                        airport necessary to meet the requirements of 
                        paragraph (1) as soon as practicable at that 
                        airport but in no event later than December 31, 
                        2003; and
                            ``(ii) the Under Secretary shall take all 
                        necessary action to ensure that alternative 
                        means of screening all checked baggage is 
                        implemented until the requirements of paragraph 
                        (1) have been met.
                    ``(B) Criteria for determination.--In making a 
                determination under subparagraph (A), the Under 
                Secretary shall take into account--
                            ``(i) the nature and extent of the required 
                        modifications to the airport's terminal 
                        buildings, and the technical, engineering, 
                        design, and construction issues;
                            ``(ii) the need to ensure that such 
                        installations and modifications are effective; 
                        and
                            ``(iii) the feasibility and cost-
                        effectiveness of deploying explosive detection 
                        systems in the baggage sorting area or other 
                        non-public area rather than the lobby of an 
                        airport terminal building.
                    ``(C) Response.--The Under Secretary shall respond 
                to the request of an airport under subparagraph (A) 
                within 14 days of receiving the request. A denial of a 
                request shall create no right of appeal or judicial 
                review.
                    ``(D) Airport effort required.--Each airport with 
                respect to which the Under Secretary makes a 
                determination under subparagraph (A) shall cooperate 
                fully with the Under Secretary with respect to 
                screening checked baggage and changes to accommodate 
                explosive detection systems.
            ``(3) Reports.--Until the Under Secretary has met the 
        requirements of paragraph (1), the Under Secretary shall submit 
        a classified report every 30 days after December 31, 2002, to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Transportation 
        and Infrastructure describing the progress made toward meeting 
        such requirements at each airport.
    ``(e) Mandatory Screening Where EDS Not Yet Available.--As soon as 
practicable but not later than January 19, 2002, and until the 
requirements of subsection (d)(1) are met, the Under Secretary shall 
require alternative means for screening any piece of checked baggage 
that is not screened by an explosive detection system. Such alternative 
means may include 1 or more of the following:
            ``(1) A bag-match program that ensures that no checked 
        baggage is placed aboard an aircraft unless the passenger who 
        checked the baggage is aboard the aircraft.
            ``(2) Manual search.
            ``(3) Search by canine explosive detection units in 
        combination with other means.
            ``(4) Other means or technology approved by the Under 
        Secretary.
    ``(f) Cargo Deadline.--A system must be in operation to screen, 
inspect, or otherwise ensure the security of all cargo that is to be 
transported in all-cargo aircraft in air transportation and intrastate 
air transportation as soon as practicable after November 19, 2001.
    ``(g) Deployment of Armed Personnel.--
            ``(1) In general.--The Under Secretary 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. The Under Secretary may 
        allow law enforcement personnel to be stationed other than at 
        the airport security screening location if that would be 
        preferable for law enforcement purposes and if such personnel 
        would still be able to provide prompt responsiveness to 
        problems occurring at the screening location.
            ``(2) Minimum requirements.--The Under Secretary 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 Under Secretary shall order the deployment 
        of additional law enforcement personnel at airport security 
        screening locations if the Under Secretary determines that the 
        additional deployment is necessary to ensure passenger safety 
        and national security.
    ``(h) Exemptions and Advising Congress on Regulations.--The Under 
Secretary--
            ``(1) may exempt from this section air transportation 
        operations, except scheduled passenger operations of an air 
        carrier providing air transportation under a certificate issued 
        under section 41102 or a permit issued under section 41302; and
            ``(2) shall advise Congress of a regulation to be 
        prescribed under this section at least 30 days before the 
        effective date of the regulation, unless the Under Secretary 
        decides an emergency exists requiring the regulation to become 
        effective in fewer than 30 days and notifies Congress of that 
        decision.
    ``(i) Special Rules.--
            ``(1) Limitation on liability.--An officer or employee of 
        the United States, acting in good faith and within the scope of 
        employment, shall not be liable for any claim arising from the 
        inspection of persons or property performed under the authority 
        of this section or section 1503.
            ``(2) Nonapplicability of federal tort claims act to 
        certain claims.--The provisions of chapter 171 and section 
        1346(b) of title 28, United States Code, shall not apply to any 
        claim arising from the loss, detention, or negligent handling 
        of property subject to inspection or security screening 
        operations under this section or section 1503.
            ``(3) Settlement of small claims.--The provisions of 
        section 3723 of title 31 shall apply to any claim arising from 
        the loss, detention, or negligent handling of property subject 
        to inspection or security screening operations under this 
        section or section 1503; except that the maximum amount for 
        which such a claim may be settled under section 3723(a) shall 
        be $2,500.
``Sec. 1502. Refusal to transport passengers and property
    ``(a) Mandatory Refusal.--The Under Secretary for Border and 
Transportation Security shall prescribe regulations requiring an air 
carrier, intrastate air carrier, or foreign air carrier to refuse to 
transport--
            ``(1) a passenger who does not consent to a search under 
        section 1501(a) establishing whether the passenger is carrying 
        unlawfully a dangerous weapon, explosive, or other destructive 
        substance; or
            ``(2) property of a passenger who does not consent to a 
        search of the property establishing whether the property 
        unlawfully contains a dangerous weapon, explosive, or other 
        destructive substance.
    ``(b) Permissive Refusal.--Subject to regulations of the Under 
Secretary, an air carrier, intrastate air carrier, or foreign air 
carrier may refuse to transport a passenger or property the carrier 
decides is, or might be, inimical to safety.
    ``(c) Agreeing to Consent to Search.--An agreement to carry 
passengers or property in air transportation or intrastate air 
transportation by an air carrier, intrastate air carrier, or foreign 
air carrier is deemed to include an agreement that the passenger or 
property will not be carried if consent to search the passenger or 
property for a purpose referred to in this section is not given.
``Sec. 1503. Air transportation security
    ``(a) Definition.--In this section, the term `law enforcement 
personnel' means individuals--
            ``(1) authorized to carry and use firearms;
            ``(2) vested with the degree of the police power of arrest 
        the Under Secretary for Border and Transportation Security 
        considers necessary to carry out this section; and
            ``(3) identifiable by appropriate indicia of authority.
    ``(b) Protection Against Violence and Piracy.--The Under Secretary 
shall prescribe regulations to protect passengers and property on an 
aircraft operating in air transportation or intrastate air 
transportation against an act of criminal violence or aircraft piracy. 
When prescribing a regulation under this subsection, the Under 
Secretary shall--
            ``(1) consult with the Secretary of Transportation, the 
        Attorney General, the heads of other departments, agencies, and 
        instrumentalities of the United States Government, and State 
        and local authorities;
            ``(2) consider whether a proposed regulation is consistent 
        with--
                    ``(A) protecting passengers; and
                    ``(B) the public interest in promoting air 
                transportation and intrastate air transportation;
            ``(3) to the maximum extent practicable, require a uniform 
        procedure for searching and detaining passengers and property 
        to ensure--
                    ``(A) their safety; and
                    ``(B) courteous and efficient treatment by an air 
                carrier, an agent or employee of an air carrier, and 
                Government, State, and local law enforcement personnel 
                carrying out this section; and
            ``(4) consider the extent to which a proposed regulation 
        will carry out this section.
    ``(c) Security Programs.--
            ``(1) In general.--
                    ``(A) Establishment.--The Under Secretary shall 
                prescribe regulations under subsection (b) that require 
                each operator of an airport regularly serving an air 
                carrier holding a certificate issued by the Secretary 
                of Transportation to establish an air transportation 
                security program that provides a law enforcement 
                presence and capability at each of those airports that 
                is adequate to ensure the safety of passengers.
                    ``(B) Use of law enforcement personnel.--
                            ``(i) State, local, and private.--The 
                        regulations shall authorize an operator of an 
                        airport to use the services of qualified State, 
                        local, and private law enforcement personnel.
                            ``(ii) Federal government.--When the Under 
                        Secretary decides, after being notified by an 
                        operator of an airport in the form the Under 
                        Secretary prescribes, that not enough qualified 
                        State, local, and private law enforcement 
                        personnel are available to carry out subsection 
                        (b), the Under Secretary may authorize the 
                        operator to use, on a reimbursable basis, 
                        personnel employed by the Under Secretary, or 
                        by another department, agency, or 
                        instrumentality of the Government with the 
                        consent of the head of the department, agency, 
                        or instrumentality, to supplement State, local, 
                        and private law enforcement personnel. When 
                        deciding whether additional personnel are 
                        needed, the Under Secretary shall consider the 
                        number of passengers boarded at the airport, 
                        the extent of anticipated risk of criminal 
                        violence or aircraft piracy at the airport or 
                        to the air carrier aircraft operations at the 
                        airport, and the availability of qualified 
                        State or local law enforcement personnel at the 
                        airport.
            ``(2) Approval.--
                    ``(A) In general.--The Under Secretary may approve 
                a security program of an airport operator, or an 
                amendment in an existing program, that incorporates a 
                security program of an airport tenant (except an air 
                carrier separately complying with part 108 or 129 of 
                title 14, Code of Federal Regulations, or any successor 
                regulation) having access to a secured area of the 
                airport if the program or amendment incorporates--
                            ``(i) the measures the tenant will use, 
                        within the tenant's leased areas or areas 
                        designated for the tenant's exclusive use under 
                        an agreement with the airport operator, to 
                        carry out the security requirements imposed by 
                        the Under Secretary on the airport operator 
                        under the access control system requirements of 
                        section 107.14 of title 14, Code of Federal 
                        Regulations (or any successor regulation), or 
                        under other requirements of part 107 of title 
                        14 (or any successor regulation); and
                            ``(ii) the methods the airport operator 
                        will use to monitor and audit the tenant's 
                        compliance with the security requirements and 
                        provides that the tenant will be required to 
                        pay monetary penalties to the airport operator 
                        if the tenant fails to carry out a security 
                        requirement under a contractual provision or 
                        requirement imposed by the airport operator.
                    ``(B) Effect of approval.--If the Under Secretary 
                approves a program or amendment described in 
                subparagraph (A), the airport operator may not be found 
                to be in violation of a requirement of this subsection 
                or subsection (b) when the airport operator 
                demonstrates that the tenant or an employee, permittee, 
                or invitee of the tenant is responsible for the 
                violation and that the airport operator has complied 
                with all measures in its security program for securing 
                compliance with its security program by the tenant.
                    ``(C) Use of chemical and biological weapon 
                detection equipment.--The Under Secretary may require 
                airports to maximize the use of technology and 
                equipment that is designed to detect or neutralize 
                potential chemical or biological weapons.
            ``(3) Pilot programs.--The Under Secretary 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.
    ``(d) Authorizing Individuals To Carry Firearms and Make Arrests.--
With the approval of the Attorney General and the Secretary of State, 
the Secretary of Homeland Security may authorize an individual who 
carries out air transportation security duties--
            ``(1) to carry firearms; and
            ``(2) to make arrests without warrant for an offense 
        against the United States committed in the presence of the 
        individual or for a felony under the laws of the United States, 
        if the individual reasonably believes the individual to be 
        arrested has committed or is committing a felony.
    ``(e) Exclusive Responsibility Over Passenger Safety.--The Under 
Secretary has the exclusive responsibility to direct law enforcement 
activity related to the safety of passengers on an aircraft involved in 
an offense under section 46502 from the moment all external doors of 
the aircraft are closed following boarding until those doors are opened 
to allow passengers to leave the aircraft. When requested by the Under 
Secretary, other departments, agencies, and instrumentalities of the 
Government shall provide assistance necessary to carry out this 
subsection.
    ``(f) Government and Industry Consortia.--The Under Secretary may 
establish at airports such consortia of government and aviation 
industry representatives as the Under Secretary may designate to 
provide advice on matters related to aviation security. Such consortia 
shall not be considered Federal advisory committees for purposes of the 
Federal Advisory Committee Act (5 U.S.C. App.).
    ``(g) Improvement of Secured-Area Access Control.--
            ``(1) Enforcement.--
                    ``(A) Under secretary to publish sanctions.--The 
                Under Secretary shall publish in the Federal Register a 
                list of sanctions for use as guidelines in the 
                discipline of employees for infractions of airport 
                access control requirements. The guidelines shall 
                incorporate a progressive disciplinary approach that 
                relates proposed sanctions to the severity or recurring 
                nature of the infraction and shall include measures 
                such as remedial training, suspension from security-
                related duties, suspension from all duties without pay, 
                and termination of employment.
                    ``(B) Use of sanctions.--Each airport operator, air 
                carrier, and security screening company shall include 
                the list of sanctions published by the Under Secretary 
                in its security program. The security program shall 
                include a process for taking prompt disciplinary action 
                against an employee who commits an infraction of 
                airport access control requirements.
            ``(2) Improvements.--The Under Secretary shall--
                    ``(A) work with airport operators and air carriers 
                to implement and strengthen existing controls to 
                eliminate airport access control weaknesses;
                    ``(B) require airport operators and air carriers to 
                develop and implement comprehensive and recurring 
                training programs that teach employees their roles in 
                airport security, the importance of their 
                participation, how their performance will be evaluated, 
                and what action will be taken if they fail to perform;
                    ``(C) require airport operators and air carriers to 
                develop and implement programs that foster and reward 
                compliance with airport access control requirements and 
                discourage and penalize noncompliance in accordance 
                with guidelines issued by the Under Secretary to 
                measure employee compliance;
                    ``(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;
                    ``(E) improve and better administer the Under 
                Secretary's security database to ensure its efficiency, 
                reliability, and usefulness for identification of 
                systemic problems and allocation of resources;
                    ``(F) improve the execution of the Under 
                Secretary's quality control program; and
                    ``(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.
    ``(h) Improved Airport Perimeter Access Security.--
            ``(1) In general.--The Under Secretary, 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 
        Under 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.
            ``(3) Deployment of federal law enforcement personnel.--The 
        Under Secretary 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.
            ``(4) Airport perimeter screening.--The Under Secretary--
                    ``(A) shall require screening or inspection of all 
                individuals, including employees of airport operators, 
                employees of air carriers or foreign air carriers, and 
                employees of concessionaires, before entry into a 
                sterile area of an airport in the United States 
                described in subsection (c);
                    ``(B) shall require, as soon as practicable after 
                November 19, 2001, screening or inspection of all 
                individuals, goods, property, vehicles, and other 
                equipment before entry into a secured area of an 
                airport in the United States described in section 
                1503(c);
                    ``(C) shall prescribe specific requirements for 
                such screening and inspection that will assure at least 
                the same level of protection as will result from 
                screening of passengers and their baggage;
                    ``(D) shall establish procedures to ensure the 
                safety and integrity of--
                            ``(i) all persons providing services with 
                        respect to aircraft providing passenger air 
                        transportation or intrastate air transportation 
                        and facilities of such persons at an airport in 
                        the United States described in section 1503(c);
                            ``(ii) all supplies, including catering and 
                        passenger amenities, placed aboard such 
                        aircraft, including the sealing of supplies to 
                        ensure easy visual detection of tampering; and
                            ``(iii) all persons providing such supplies 
                        and facilities of such persons;
                    ``(E) shall require vendors having direct access to 
                the airfield and aircraft to develop security programs; 
                and
                    ``(F) may provide for the use of biometric or other 
                technology that positively verifies the identity of 
                each employee and law enforcement officer who enters a 
                secure area of an airport.
    ``(i) Authority To Arm Flight Deck Crew With Less-Than-Lethal 
Weapons.--
            ``(1) In general.--If the Under 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 Under 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 Under 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 Under 
        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.
            ``(3) Request of air carriers to use less-than-lethal 
        weapons.--If, after November 25, 2002, the Under Secretary 
        receives a request from an air carrier for authorization to 
        allow pilots of the air carrier to carry less-than-lethal 
        weapons, the Under Secretary shall respond to that request 
        within 90 days.
    ``(j) Short-Term Assessment and Deployment of Emerging Security 
Technologies and Procedures.--
            ``(1) In general.--The Under Secretary shall recommend to 
        airport operators commercially available measures or procedures 
        to prevent access to secure airport areas by unauthorized 
        persons. As part of the assessment, the Under Secretary 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 assessment shall include a 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 (or any successor regulation). The 
        Under Secretary shall conduct a review of reductions in 
        unauthorized access at these airports.
            ``(2) Computer-assisted passenger prescreening system.--
                    ``(A) In general.--The Under Secretary shall ensure 
                that the Computer-Assisted Passenger Prescreening 
                System, or any successor system--
                            ``(i) is used to evaluate all passengers 
                        before they board an aircraft; and
                            ``(ii) includes procedures to ensure that 
                        individuals selected by the system and their 
                        carry-on and checked baggage are adequately 
                        screened.
                    ``(B) Modifications.--The Under Secretary may 
                modify any requirement under the Computer-Assisted 
                Passenger Prescreening System for flights that 
                originate and terminate within the same State if the 
                Under Secretary determines that--
                            ``(i) the State has extraordinary air 
                        transportation needs or concerns due to its 
                        isolation and dependence on air transportation; 
                        and
                            ``(ii) the routine characteristics of 
                        passengers, given the nature of the market, 
                        regularly triggers primary selectee status.
    ``(k) Limitation on Liability for Acts To Thwart Criminal Violence 
or Aircraft Piracy.--An individual shall not be liable for damages in 
any action brought in a Federal or State court arising out of the acts 
of the individual in attempting to thwart an act of criminal violence 
or piracy on an aircraft if that individual reasonably believed that 
such an act of criminal violence or piracy was occurring or was about 
to occur.
``Sec. 1504. Domestic air transportation system security
    ``(a) Assessing Threats.--The Under Secretary for Border and 
Transportation Security and the Director of the Federal Bureau of 
Investigation jointly shall assess current and potential threats to the 
domestic air transportation system. The assessment shall include 
consideration of the extent to which there are individuals with the 
capability and intent to carry out terrorist or related unlawful acts 
against that system and the ways in which those individuals might carry 
out those acts. The Under Secretary and the Director jointly shall 
decide on and carry out the most effective method for continuous 
analysis and monitoring of security threats to that system.
    ``(b) Assessing Security.--In coordination with the Director, the 
Under Secretary shall carry out periodic threat and vulnerability 
assessments on security at each airport that is part of the domestic 
air transportation system. Each assessment shall include consideration 
of--
            ``(1) the adequacy of security procedures related to the 
        handling and transportation of checked baggage and cargo;
            ``(2) space requirements for security personnel and 
        equipment;
            ``(3) separation of screened and unscreened passengers, 
        baggage, and cargo;
            ``(4) separation of the controlled and uncontrolled areas 
        of airport facilities; and
            ``(5) coordination of the activities of security personnel 
        of the Transportation Security Administration, the United 
        States Customs Service, the Immigration and Naturalization 
        Service, and air carriers, and of other law enforcement 
        personnel.
    ``(c) Improving Security.--The Under Secretary shall take necessary 
actions to improve domestic air transportation security by correcting 
any deficiencies in that security discovered in the assessments, 
analyses, and monitoring carried out under this section.
``Sec. 1505. Information about threats to civil aviation
    ``(a) Providing Information.--Under guidelines the Under Secretary 
for Border and Transportation Security prescribes, an air carrier, 
airport operator, ticket agent, or individual employed by an air 
carrier, airport operator, or ticket agent, receiving information 
(except a communication directed by the United States Government) about 
a threat to civil aviation shall provide the information promptly to 
the Under Secretary.
    ``(b) Flight Cancellation.--If a decision is made that a particular 
threat cannot be addressed in a way adequate to ensure, to the extent 
feasible, the safety of passengers and crew of a particular flight or 
series of flights, the Under Secretary shall cancel the flight or 
series of flights.
    ``(c) Guidelines on Public Notice.--
            ``(1) Development.--The President shall develop guidelines 
        for ensuring that public notice is provided in appropriate 
        cases about threats to civil aviation.
            ``(2) Identification of responsible officials.-- The 
        guidelines shall identify officials responsible for--
                    ``(A) deciding, on a case-by-case basis, if public 
                notice of a threat is in the best interest of the 
                United States and the traveling public;
                    ``(B) ensuring that public notice is provided in a 
                timely and effective way, including the use of a toll-
                free telephone number; and
                    ``(C) canceling the departure of a flight or series 
                of flights under subsection (b).
            ``(3) Factors to consider.--The guidelines shall provide 
        for consideration of--
                    ``(A) the specificity of the threat;
                    ``(B) the credibility of intelligence information 
                related to the threat;
                    ``(C) the ability to counter the threat 
                effectively;
                    ``(D) the protection of intelligence information 
                sources and methods;
                    ``(E) cancellation, by an air carrier or the Under 
                Secretary, of a flight or series of flights instead of 
                public notice;
                    ``(F) the ability of passengers and crew to take 
                steps to reduce the risk to their safety after 
                receiving public notice of a threat; and
                    ``(G) other factors the Under Secretary considers 
                appropriate.
    ``(d) Guidelines on Notice to Crews.--The Under Secretary shall 
develop guidelines for ensuring that notice in appropriate cases of 
threats to the security of an air carrier flight is provided to the 
flight crew and cabin crew of that flight.
    ``(e) Limitation on Notice to Selective Travelers.--Notice of a 
threat to civil aviation may be provided to selective potential 
travelers only if the threat applies only to those travelers.
    ``(f) Restricting Access to Information.--In cooperation with the 
departments, agencies, and instrumentalities of the Government that 
collect, receive, and analyze intelligence information related to 
aviation security, the Under Secretary shall develop procedures to 
minimize the number of individuals who have access to information about 
threats. However, a restriction on access to that information may be 
imposed only if the restriction does not diminish the ability of the 
Government to carry out its duties and powers related to aviation 
security effectively, including providing notice to the public and 
flight and cabin crews under this section.
    ``(g) Distribution of Guidelines.--The guidelines developed under 
this section shall be distributed for use by appropriate officials of 
the Department of Homeland Security, the Department of Transportation, 
the Department of State, the Department of Justice, and air carriers.
``Sec. 1506. Foreign air carrier security programs
    ``(a) Adoption and Use.--The Under Secretary for Border and 
Transportation Security shall continue in effect the requirement of 
section 129.25 of title 14, Code of Federal Regulations (or any 
successor regulation), that a foreign air carrier must adopt and use a 
security program approved by the Under Secretary.
    ``(b) Approval.--The Under Secretary shall not approve a security 
program of a foreign air carrier under section 129.25 of title 14, Code 
of Federal Regulations, or any successor regulation, unless the 
security program requires the foreign air carrier in its operations to 
and from airports in the United States to adhere to the identical 
security measures that the Under Secretary requires air carriers 
serving the same airports to adhere to.
    ``(c) Limitation on Statutory Construction.--Subsection (b) shall 
not be interpreted to limit the ability of the Under Secretary to 
impose additional security measures on a foreign air carrier or an air 
carrier when the Under Secretary determines that a specific threat 
warrants such additional measures.
    ``(d) Regulations.--The Under Secretary shall prescribe regulations 
to carry out this section.
``Sec. 1507. Security standards at foreign airports
    ``(a) Assessment.--
            ``(1) In general.--At intervals the Secretary of Homeland 
        Security considers necessary, the Secretary shall assess the 
        effectiveness of the security measures maintained at--
                    ``(A) a foreign airport--
                            ``(i) served by an air carrier;
                            ``(ii) from which a foreign air carrier 
                        serves the United States; or
                            ``(iii) that poses a high risk of 
                        introducing danger to international air travel; 
                        and
                    ``(B) other foreign airports the Secretary 
                considers appropriate.
            ``(2) Special rules.--The Secretary shall conduct an 
        assessment under paragraph (1)--
                    ``(A) in consultation with appropriate aeronautic 
                authorities of the government of a foreign country 
                concerned and each air carrier serving the foreign 
                airport for which the Secretary is conducting the 
                assessment;
                    ``(B) to establish the extent to which a foreign 
                airport effectively maintains and carries out security 
                measures; and
                    ``(C) by using a standard that will result in an 
                analysis of the security measures at the airport based 
                at least on the standards and appropriate recommended 
                practices contained in Annex 17 to the Convention on 
                International Civil Aviation in effect on the date of 
                the assessment.
            ``(3) Inclusion in biennial security reports.--Each report 
        to Congress required under section 1538(b) shall contain a 
        summary of the assessments conducted under this subsection.
    ``(b) Consultation.--In carrying out subsection (a), the Secretary 
of Homeland Security shall consult with the Secretary of State--
            ``(1) on the terrorist threat that exists in each country; 
        and
            ``(2) to establish which foreign airports are not under the 
        de facto control of the government of the foreign country in 
        which they are located and pose a high risk of introducing 
        danger to international air travel.
    ``(c) Notifying Foreign Authorities.--When the Secretary of 
Homeland Security, after conducting an assessment under subsection (a), 
decides that an airport does not maintain and carry out effective 
security measures, the Secretary, after advising the Secretary of State 
and the Secretary of Transportation, shall notify the appropriate 
authorities of the government of the foreign country of the decision 
and recommend the steps necessary to bring the security measures in use 
at the airport up to the standard used by the Secretary of Homeland 
Security in making the assessment.
    ``(d) Actions When Airports Not Maintaining and Carrying Out 
Effective Security Measures.--
            ``(1) In general.--When the Secretary of Homeland Security 
        decides under this section that an airport does not maintain 
        and carry out effective security measures--
                    ``(A) the Secretary shall--
                            ``(i) publish the identity of the airport 
                        in the Federal Register;
                            ``(ii) have the identity of the airport 
                        posted and displayed prominently at all United 
                        States airports at which scheduled air carrier 
                        operations are provided regularly; and
                            ``(iii) notify the news media of the 
                        identity of the airport;
                    ``(B) each air carrier and foreign air carrier 
                providing transportation between the United States and 
                the airport shall provide written notice of the 
                decision, on or with the ticket, to each passenger 
                buying a ticket for transportation between the United 
                States and the airport;
                    ``(C) the Secretary shall notify the Secretary of 
                Transportation and, notwithstanding section 40105(b), 
                the Secretary of Transportation, after consulting with 
                the appropriate aeronautic authorities of the foreign 
                country concerned and each air carrier serving the 
                airport and with the approval of the Secretary of 
                State, may withhold, revoke, or prescribe conditions on 
                the operating authority of an air carrier or foreign 
                air carrier that uses that airport to provide foreign 
                air transportation; and
                    ``(D) the President may prohibit an air carrier or 
                foreign air carrier from providing transportation 
                between the United States and any other foreign airport 
                that is served by aircraft flying to or from the 
                airport with respect to which a decision is made under 
                this section.
            ``(2) Special rules.--
                    ``(A) Effective date.--Paragraph (1) becomes 
                effective--
                            ``(i) 90 days after the government of a 
                        foreign country is notified under subsection 
                        (c) if the Secretary of Homeland Security finds 
                        that the government has not brought the 
                        security measures at the airport up to the 
                        standard the Secretary used in making an 
                        assessment under subsection (a); or
                            ``(ii) immediately on the decision of the 
                        Secretary under subsection (c) if the Secretary 
                        decides, after consulting with the Secretary of 
                        State and the Secretary of Transportation, that 
                        a condition exists that threatens the security 
                        of passengers, aircraft, or crew traveling to 
                        or from the airport.
                    ``(B) Travel advisory.--The Secretary of Homeland 
                Security immediately shall notify the Secretary of 
                State of a decision referred to in subparagraph (A)(ii) 
                so that the Secretary of State may issue a travel 
                advisory required under section 1508(a).
            ``(3) Report to congress on action taken.--The Secretary of 
        Homeland Security promptly shall submit to Congress a report 
        (and classified annex if necessary) on action taken under 
        paragraph (1) or (2), including information on attempts made to 
        obtain the cooperation of the government of a foreign country 
        in meeting the standard the Secretary used in assessing the 
        airport under subsection (a).
            ``(4) Action no longer required.--An action required under 
        paragraph (1)(A) and (B) is no longer required only if the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State and the Secretary of Transportation, decides 
        that effective security measures are maintained and carried out 
        at the airport. The Secretary of Homeland Security shall notify 
        Congress when the action is no longer required to be taken.
    ``(e) Suspensions.--Notwithstanding sections 40105(b) and 40106(b), 
the Secretary of Transportation, with the approval of the Secretary of 
State and without notice or a hearing, shall suspend the right of an 
air carrier or foreign air carrier to provide foreign air 
transportation, and the right of a person to operate aircraft in 
foreign air commerce, to or from a foreign airport when--
            ``(1) the Secretary of Homeland Security notifies the 
        Secretary of Transportation that a condition exists that 
        threatens the security of passengers, aircraft, or crew 
        traveling to or from that airport; and
            ``(2) the Secretary of Transportation determines that the 
        public interest requires an immediate suspension of 
        transportation between the United States and that airport.
    ``(f) Condition of Carrier Authority.--This section is a condition 
to authority the Secretary of Transportation grants under part A of 
subtitle VII to an air carrier or foreign air carrier.
``Sec. 1508. Travel advisory and suspension of foreign assistance
    ``(a) Travel Advisories.--On being notified by the Secretary of 
Homeland Security that the Secretary has decided under section 1507 
that a foreign airport does not maintain and carry out effective 
security measures, the Secretary of State--
            ``(1) immediately shall issue a travel advisory for that 
        airport; and
            ``(2) shall publicize the advisory widely.
    ``(b) Suspending Assistance.--
            ``(1) In general.--The President shall suspend assistance 
        provided under the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et 
        seq.) to a country in which is located an airport with respect 
        to which section 1507(d)(1) becomes effective if the Secretary 
        of State decides the country is a high terrorist threat 
        country.
            ``(2) Waiver.--The President may waive this subsection if 
        the President decides, and reports to Congress, that the waiver 
        is required because of national security interests or a 
        humanitarian emergency.
    ``(c) Actions No Longer Required.--An action required under this 
section is no longer required only if the Secretary of Homeland 
Security has made a decision as provided under section 1507(d)(4). The 
Secretary shall notify Congress when the action is no longer required 
to be taken.
``Sec. 1509. Passenger manifests
    ``(a) In General.--Each air carrier and foreign air carrier 
operating a passenger flight in foreign air transportation to the 
United States shall provide to the Commissioner of Customs by 
electronic transmission a passenger and crew manifest containing the 
information specified in subsection (b). Carriers may use the advanced 
passenger information system established under section 431 of the 
Tariff Act of 1930 (19 U.S.C. 1431) to provide the information required 
by the preceding sentence.
    ``(b) Information.--A passenger and crew manifest for a flight 
required under subsection (a) shall contain the following information:
            ``(1) The full name of each passenger and crew member.
            ``(2) The date of birth and citizenship of each passenger 
        and crew member.
            ``(3) The sex of each passenger and crew member.
            ``(4) The passport number and country of issuance of each 
        passenger and crew member if required for travel.
            ``(5) The United States visa number or resident alien card 
        number of each passenger and crew member, as applicable.
            ``(6) Such other information as the Under Secretary for 
        Border and Transportation Security, in consultation with the 
        Commissioner of Customs, determines is reasonably necessary to 
        ensure aviation security.
    ``(c) Passenger Name Records.--The carriers shall make passenger 
name record information available to the Customs Service upon request.
    ``(d) Transmission of Manifest.--Subject to subsection (e), a 
passenger and crew manifest required for a flight under subsection (a) 
shall be transmitted to the Customs Service in advance of the aircraft 
landing in the United States in such manner, time, and form as the 
Customs Service prescribes.
    ``(e) Transmission of Manifests to Other Federal Agencies.--Upon 
request, information provided to the Under Secretary or the Customs 
Service under this section may be shared with other Federal agencies 
for the purpose of protecting national security.
``Sec. 1510. Agreements on aircraft sabotage, aircraft hijacking, and 
              airport security
    ``The Secretary of State shall seek multilateral and bilateral 
agreement on strengthening enforcement measures and standards for 
compliance related to aircraft sabotage, aircraft hijacking, and 
airport security.
``Sec. 1511. Intelligence
    ``(a) Definition.--In this section, the term `intelligence 
community' means the intelligence and intelligence-related activities 
of the following units of the United States Government:
            ``(1) The Department of Homeland Security.
            ``(2) The Department of State.
            ``(3) The Department of Defense.
            ``(4) The Department of the Treasury.
            ``(5) The Department of Energy.
            ``(6) The Departments of the Army, Navy, and Air Force.
            ``(7) The Central Intelligence Agency.
            ``(8) The National Security Agency.
            ``(9) The Defense Intelligence Agency.
            ``(10) The Federal Bureau of Investigation.
            ``(11) The Drug Enforcement Administration.
    ``(b) Policies and Procedures on Report Availability.--The head of 
each unit in the intelligence community shall prescribe policies and 
procedures to ensure that intelligence reports about terrorism are made 
available, as appropriate, to the heads of other units in the 
intelligence community, the Secretary of Transportation, and the Under 
Secretary for Border and Transportation Security.
    ``(c) Unit for Strategic Planning on Terrorism.--The heads of the 
units in the intelligence community shall place greater emphasis on 
strategic intelligence efforts by establishing a unit for strategic 
planning on terrorism.
    ``(d) Designation of Intelligence Officer.--At the request of the 
Under Secretary, the Director of Central Intelligence shall designate 
at least one intelligence officer of the Central Intelligence Agency to 
serve in a senior position in the Office of the Under Secretary.
    ``(e) Written Working Agreements.--The heads of units in the 
intelligence community and the Under Secretary shall review and, as 
appropriate, revise written working agreements between the intelligence 
community and the Under Secretary.
``Sec. 1512. Research and development
    ``(a) Program Requirement.--
            ``(1) In general.--The Under Secretary for Border and 
        Transportation Security shall establish and carry out a program 
        to accelerate and expand the research, development, and 
        implementation of technologies and procedures to counteract 
        terrorist acts against civil aviation. The program shall 
        provide for developing and having in place new equipment and 
        procedures necessary to meet the technological challenges 
        presented by terrorism. The program shall include research on, 
        and development of, technological improvements and ways to 
        enhance human performance.
            ``(2) Special rules.--In designing and carrying out the 
        program established under this subsection, the Under Secretary 
        shall--
                    ``(A) consult and coordinate activities with other 
                departments, agencies, and instrumentalities of the 
                United States Government doing similar research;
                    ``(B) identify departments, agencies, and 
                instrumentalities that would benefit from that 
                research; and
                    ``(C) seek cost-sharing agreements with those 
                departments, agencies, and instrumentalities.
            ``(3) Consideration of certain annual reports.--In carrying 
        out the program established under this subsection, the Under 
        Secretary shall review and consider the annual reports 
        submitted to Congress on transportation security and 
        intelligence.
            ``(4) Responsible individual.--
                    ``(A) Designation.--In carrying out the program 
                established under this subsection, the Under Secretary 
                shall designate an individual to be responsible for 
                engineering, research, and development with respect to 
                security technology under the program.
                    ``(B) Use of models.--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) Annual report.--The individual designated 
                under subparagraph (A) shall submit, on an annual 
                basis, to the Under Secretary 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.
            ``(5) Authority for grants and cooperation agreements.--The 
        Under Secretary may--
                    ``(A) make grants to institutions of higher 
                learning and other appropriate research facilities with 
                demonstrated ability to carry out research described in 
                paragraph (1) and fix the amounts and terms of the 
                grants; and
                    ``(B) make cooperative agreements with governmental 
                authorities the Under Secretary decides are 
                appropriate.
    ``(b) Review of Threats.--
            ``(1) In general.--The Under Secretary shall periodically 
        review threats to civil aviation, with particular focus on--
                    ``(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;
                    ``(B) explosive material that presents the most 
                significant threat to civil aircraft;
                    ``(C) the minimum amounts, configurations, and 
                types of explosive material that can cause, or would 
                reasonably be expected to cause, catastrophic damage to 
                aircraft in air transportation;
                    ``(D) the amounts, configurations, and types of 
                explosive material that can be detected reliably by 
                existing, or reasonably anticipated, near-term 
                explosive detection technologies;
                    ``(E) the potential release of chemical, 
                biological, or similar weapons or devices either within 
                an aircraft or within an airport;
                    ``(F) the feasibility of using various ways to 
                minimize damage caused by explosive material that 
                cannot be detected reliably by existing, or reasonably 
                anticipated, near-term explosive detection 
                technologies;
                    ``(G) the ability to screen passengers, carry-on 
                baggage, checked baggage, and cargo; and
                    ``(H) the technologies that might be used in the 
                future to attempt to destroy or otherwise threaten 
                commercial aircraft and the way in which those 
                technologies can be countered effectively.
            ``(2) Use of results.--The Under Secretary shall use the 
        results of the review under this subsection to develop the 
        focus and priorities of the program established under 
        subsection (a).
    ``(c) Scientific Advisory Panel.--
            ``(1) Establishment.--The Under Secretary shall establish a 
        scientific advisory panel to review, comment on, advise the 
        progress of, and recommend modifications in, the program 
        established under subsection (a), 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) Members.--
                    ``(A) Scientific and technical expertise.--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 Under Secretary considers appropriate.
                    ``(B) Consideration of certain individuals.--In 
                appointing individuals to the advisory panel, the Under 
                Secretary should consider individuals from academia and 
                the national laboratories, as appropriate.
            ``(3) Organization into teams.--The Under Secretary shall 
        organize the advisory panel into teams capable of undertaking 
        the review of policies and technologies upon request.
            ``(4) Review of members.--Every two years, the Under 
        Secretary 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.
    ``(d) Man-Portable Air Defense Systems.--The Under Secretary shall 
establish and carry out a program to protect commercial aircraft from 
the threat posed by man-portable air defense systems in order to reduce 
the cost of technology to provide such protection and adapt military 
countermeasure systems to commercial aircraft.
``Sec. 1513. Explosive detection
    ``(a) Deployment and Purchase of Equipment.--
            ``(1) Certification.--A deployment or purchase of explosive 
        detection equipment under section 108.7(b)(8) or 108.20 of 
        title 14, Code of Federal Regulations, or similar regulation is 
        required only if the Under Secretary for Border and 
        Transportation Security certifies that the equipment alone, or 
        as part of an integrated system, can detect under realistic air 
        carrier operating conditions the amounts, configurations, and 
        types of explosive material that would likely be used to cause 
        catastrophic damage to commercial aircraft.
            ``(2) Tests.--The Under Secretary shall base the 
        certification under this subsection on the results of tests 
        conducted under protocols developed in consultation with expert 
        scientists outside of the Transportation Security 
        Administration.
            ``(3) Facilitation of deployment of commercially available 
        equipment.--The Under Secretary shall facilitate the deployment 
        of such approved commercially available explosive detection 
        devices as the Under Secretary determines will enhance aviation 
        security significantly. The Under Secretary shall require that 
        equipment deployed under this paragraph be replaced by 
        equipment certified under paragraph (1) when equipment 
        certified under paragraph (1) becomes commercially available. 
        The Under Secretary is authorized, based on operational 
        considerations at individual airports, to waive the required 
        installation of commercially available equipment under 
        paragraph (1) in the interests of aviation security. The Under 
        Secretary may permit the requirements of this paragraph to be 
        met at airports by the deployment of dogs or other appropriate 
        animals to supplement equipment for screening passengers, 
        baggage, mail, or cargo for explosives or weapons.
            ``(4) Limitation on statutory construction.--This 
        subsection does not prohibit the Under Secretary from 
        purchasing or deploying explosive detection equipment described 
        in paragraph (1).
    ``(b) Grants.--The Secretary of Homeland Security or the Secretary 
of Transportation may provide grants to continue the Explosive 
Detection K-9 Team Training Program to detect explosives at airports 
and on aircraft.
    ``(c) Plastic Weapons and Explosives.--
            ``(1) Priority.--In order to improve security, the Under 
        Secretary shall give priority to developing, testing, 
        improving, and deploying technology at passenger screening 
        checkpoints that will detect nonmetallic weapons and explosives 
        on the body or in the clothing of passengers or in their carry-
        on luggage.
            ``(2) Standards.--The Under Secretary shall develop 
        standards for the certification of equipment employing 
        technology described in paragraph (1) at passenger screening 
        checkpoints. The standards shall ensure that the equipment 
        alone, or as part of an integrated system, can detect under 
        realistic operating conditions the types of nonmetallic weapons 
        and explosives that terrorists would likely try to smuggle 
        aboard a commercial aircraft.
``Sec. 1514. Airport construction guidelines
    ``In consultation with the Administrator of the Federal Aviation 
Administration, air carriers, airport authorities, and others the Under 
Secretary for Border and Transportation Security considers appropriate, 
the Under Secretary shall develop guidelines for airport design and 
construction to allow for maximum security enhancement. In developing 
the guidelines, the Under Secretary shall consider the results of the 
assessment carried out under section 1504(a).
``Sec. 1515. Exemptions
    ``The Under Secretary for Border and Transportation Security may 
exempt from sections 1501, 1503(a)-(c) and (e), 1506, 1535, and 1536 
airports in Alaska served only by air carriers that--
            ``(1) hold certificates issued under section 41102;
            ``(2) operate aircraft with certificates for a maximum 
        gross takeoff weight of less than 12,500 pounds; and
            ``(3) board passengers, or load property intended to be 
        carried in an aircraft cabin, that will be screened under 
        section 1501 at another airport in Alaska before the passengers 
        board, or the property is loaded on, an aircraft for a place 
        outside Alaska.
``Sec. 1516. Assessments and evaluations
    ``(a) Periodic Assessments.--The Under Secretary for Border and 
Transportation Security shall require each air carrier and airport 
(including the airport owner or operator in cooperation with the air 
carriers and vendors serving each airport) that provides for 
intrastate, interstate, or foreign air transportation to conduct 
periodic vulnerability assessments of the security systems of that air 
carrier or airport, respectively. The Under Secretary shall perform 
periodic audits of such assessments.
    ``(b) Investigations.--The Under Secretary shall conduct periodic 
and unannounced inspections of security systems of airports and air 
carriers to determine the effectiveness and vulnerabilities of such 
systems. To the extent allowable by law, the Under Secretary may 
provide for anonymous tests of those security systems.
``Sec. 1517. Deployment of Federal air marshals
    ``(a) In General.--The Under Secretary for Border and 
Transportation Security under the authority provided by section 
1503(d)--
            ``(1) may provide for deployment of Federal air marshals on 
        every passenger flight of air carriers in air transportation or 
        intrastate air transportation;
            ``(2) shall provide for deployment of Federal air marshals 
        on every such flight determined by the Under Secretary to 
        present high security risks;
            ``(3) shall provide for appropriate training, supervision, 
        and equipment of Federal air marshals;
            ``(4) shall require air carriers providing flights 
        described in paragraph (1) to provide seating for a Federal air 
        marshal on any such flight without regard to the availability 
        of seats on the flight and at no cost to the United States 
        Government or the marshal;
            ``(5) may require air carriers to provide, on a space-
        available basis, to an off-duty Federal air marshal a seat on a 
        flight to the airport nearest the marshal's home at no cost to 
        the marshal or the United States Government if the marshal is 
        traveling to that airport after completing his or her security 
        duties;
            ``(6) may enter into agreements with Federal, State, and 
        local agencies under which appropriately-trained law 
        enforcement personnel from such agencies, when traveling on a 
        flight of an air carrier, will carry a firearm and be prepared 
        to assist Federal air marshals;
            ``(7) shall establish procedures to ensure that Federal air 
        marshals are made aware of any armed or unarmed law enforcement 
        personnel on board an aircraft; and
            ``(8) may appoint--
                    ``(A) an individual who is a retired law 
                enforcement officer;
                    ``(B) an individual who is a retired member of the 
                Armed Forces; and
                    ``(C) an individual who has been furloughed from an 
                air carrier crew position in the 1-year period 
                beginning on September 11, 2001,
        as a Federal air marshal, regardless of age, if the individual 
        otherwise meets the background and fitness qualifications 
        required for Federal air marshals.
    ``(b) Long Distance Flights.--In making the determination under 
subsection (a)(2), nonstop, long distance flights, such as those 
targeted on September 11, 2001, should be a priority.
    ``(c) Interim Measures.--Until the Under Secretary completes 
implementation of subsection (a), the Under Secretary may use, after 
consultation with and concurrence of the heads of other Federal 
agencies and departments, personnel from those agencies and 
departments, on a nonreimbursable basis, to provide air marshal 
service.
``Sec. 1518. Crew training
    ``(a) In General.--The Under Secretary for Border and 
Transportation 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 detailed guidance for a scheduled passenger air carrier 
flight and cabin crew training program to prepare crew members for 
potential threat conditions.
    ``(b) Program Elements.--The guidance shall require such a program 
to include, at a minimum, elements that address the following:
            ``(1) Determination of the seriousness of any occurrence.
            ``(2) Crew communication and coordination.
            ``(3) Appropriate responses to defend oneself.
            ``(4) Use of protective devices assigned to crew members 
        (to the extent such devices are required by the Administrator 
        or Under Secretary).
            ``(5) Psychology of terrorists to cope with hijacker 
        behavior and passenger responses.
            ``(6) Live situational training exercises regarding various 
        threat conditions.
            ``(7) Flight deck procedures or aircraft maneuvers to 
        defend the aircraft.
            ``(8) Any other subject matter deemed appropriate by the 
        Administrator or the Under Secretary.
    ``(c) Air Carrier Programs.--
            ``(1) Development and submission.--Each air carrier shall 
        develop a flight and cabin crew training program in accordance 
        with that guidance and submit it to the Under Secretary for 
        approval.
            ``(2) Review and approval by under secretary.--Within 30 
        days after receiving an air carrier's program under this 
        subsection, the Under Secretary shall review the program and 
        approve it or require the air carrier to make any revisions 
        deemed necessary by the Under Secretary for the program to meet 
        the guidance requirements.
    ``(d) Training.--Within 180 days after the Under Secretary approves 
the training program developed by an air carrier under this section, 
the air carrier shall complete the training of all flight and cabin 
crews in accordance with that program.
    ``(e) Updates.--
            ``(1) In general.--The Under Secretary shall update the 
        training guidance issued under subsection (a) from time to time 
        to reflect new or different security threats and require air 
        carriers to revise their programs accordingly and provide 
        additional training to their flight and cabin crews.
            ``(2) Additional requirements.--In updating the training 
        guidance, the Under Secretary, in consultation with the 
        Administrator of the Federal Aviation Administration, shall 
        issue a rule for the following purposes:
                    ``(A) To require both classroom and effective 
                hands-on situational training in the following elements 
                of self defense:
                            ``(i) Recognizing suspicious activities and 
                        determining the seriousness of an occurrence.
                            ``(ii) Deterring a passenger who might 
                        present a problem.
                            ``(iii) Crew communication and 
                        coordination.
                            ``(iv) The proper commands to give to 
                        passengers and attackers.
                            ``(v) Methods to subdue and restrain an 
                        attacker.
                            ``(vi) Use of available items aboard the 
                        aircraft for self-defense.
                            ``(vii) Appropriate and effective responses 
                        to defend oneself, including the use of force 
                        against an attacker.
                            ``(viii) Use of protective devices assigned 
                        to crew members (to the extent such devices are 
                        approved by the Administrator or Under 
                        Secretary).
                            ``(ix) The psychology of terrorists to cope 
                        with their behavior and passenger responses to 
                        that behavior.
                            ``(x) How to respond to aircraft maneuvers 
                        that may be authorized to defend against an act 
                        of criminal violence or air piracy.
                    ``(B) To require training in the proper conduct of 
                a cabin search, including the duty time required to 
                conduct the search.
                    ``(C) To establish the required number of hours of 
                training and the qualifications for the training 
                instructors.
                    ``(D) To establish the intervals, number of hours, 
                and elements of recurrent training.
                    ``(E) To ensure that air carriers provide the 
                initial training required by this paragraph before 
                November 25, 2004.
                    ``(F) To ensure that no person participates in any 
                hands-on training activity that the person believes 
                will have an adverse impact on his or her health or 
                safety.
            ``(3) Responsibility of under secretary.--
                    ``(A) Consultation.--In developing the rule under 
                paragraph (2), the Under Secretary shall consult with 
                law enforcement personnel and security experts who have 
                expertise in self-defense training, terrorism experts, 
                and representatives of air carriers, the provider of 
                self-defense training for Federal air marshals, flight 
                attendants, labor organizations representing flight 
                attendants, and educational institutions offering law 
                enforcement training programs.
                    ``(B) Designation of official.--The Under Secretary 
                shall designate an official in the Transportation 
                Security Administration to be responsible for 
                overseeing the implementation of the training program 
                under this subsection.
                    ``(C) Necessary resources and knowledge.--The Under 
                Secretary shall ensure that employees of the 
                Transportation Security Administration responsible for 
                monitoring the training program have the necessary 
                resources and knowledge.
``Sec. 1519. Security screening pilot program
    ``(a) Establishment of Program.--The Under Secretary for Border and 
Transportation Security shall establish a pilot program under which, 
upon approval of an application submitted by an operator of an airport, 
the screening of passengers and property at the airport under section 
1501 will be carried out by the screening personnel of a qualified 
private screening company under a contract entered into with the Under 
Secretary.
    ``(b) Period of Pilot Program.--The pilot program under this 
section shall begin on November 19, 2002, and end on November 19, 2004.
    ``(c) Applications.--An operator of an airport may submit to the 
Under Secretary an application to participate in the pilot program 
under this section.
    ``(d) Selection of Airports.--From among applications submitted 
under subsection (c), the Under Secretary may select for participation 
in the pilot program not more than 1 airport from each of the 5 airport 
security risk categories, as defined by the Under Secretary.
    ``(e) Supervision of Screened Personnel.--The Under Secretary shall 
provide Federal Government supervisors to oversee all screening at each 
airport participating in the pilot program under this section and 
provide Federal Government law enforcement officers at the airport 
pursuant to this chapter.
    ``(f) Qualified Private Screening Company.--A private screening 
company is qualified to provide screening services at an airport 
participating in the pilot program under this section if the company 
will only employ individuals to provide such services who meet all the 
requirements of this chapter applicable to Federal Government personnel 
who perform screening services at airports under this chapter and will 
provide compensation and other benefits to such individuals that are 
not less than the level of compensation and other benefits provided to 
such Federal Government personnel in accordance with this chapter.
    ``(g) Standards for Private Screening Companies.--The Under 
Secretary may enter into a contract with a private screening company to 
provide screening at an airport participating in the pilot program 
under this section only if the Under Secretary determines and certifies 
to Congress that the private screening company is owned and controlled 
by a citizen of the United States, to the extent that the Under 
Secretary determines that there are private screening companies owned 
and controlled by such citizens.
    ``(h) Termination of Contracts.--The Under Secretary may terminate 
any contract entered into with a private screening company to provide 
screening services at an airport under the pilot program if the Under 
Secretary finds that the company has failed repeatedly to comply with 
any standard, regulation, directive, order, law, or contract applicable 
to the hiring or training of personnel to provide such services or to 
the provision of screening at the airport.
    ``(i) Election.--If a contract is in effect with respect to 
screening at an airport under the pilot program on November 19, 2004, 
the operator of the airport may elect to continue to have such 
screening carried out by the screening personnel of a qualified private 
screening company under a contract entered into with the Under 
Secretary under section 1520 or by Federal Government personnel in 
accordance with this chapter.
``Sec. 1520. Security screening opt-out program
    ``(a) In General.--On or after the last day of the 2-year period 
beginning on the date on which the Under Secretary for Border and 
Transportation Security transmits to Congress the certification 
required by section 110(c) of the Aviation and Transportation Security 
Act, an operator of an airport may submit to the Under Secretary an 
application to have the screening of passengers and property at the 
airport under section 1501 carried out by the screening personnel of a 
qualified private screening company under a contract entered into with 
the Under Secretary.
    ``(b) Approval of Applications.--The Under Secretary may approve 
any application submitted under subsection (a).
    ``(c) Qualified Private Screening Company.--A private screening 
company is qualified to provide screening services at an airport under 
this section if the company will only employ individuals to provide 
such services who meet all the requirements of this chapter applicable 
to Federal Government personnel who perform screening services at 
airports under this chapter and will provide compensation and other 
benefits to such individuals that are not less than the level of 
compensation and other benefits provided to such Federal Government 
personnel in accordance with this chapter.
    ``(d) Standards for Private Screening Companies.--The Under 
Secretary may enter into a contract with a private screening company to 
provide screening at an airport under this section only if the Under 
Secretary determines and certifies to Congress that--
            ``(1) the level of screening services and protection 
        provided at the airport under the contract will be equal to or 
        greater than the level that would be provided at the airport by 
        Federal Government personnel under this chapter; and
            ``(2) the private screening company is owned and controlled 
        by a citizen of the United States, to the extent that the Under 
        Secretary determines that there are private screening companies 
        owned and controlled by such citizens.
    ``(e) Supervision of Screened Personnel.--The Under Secretary shall 
provide Federal Government supervisors to oversee all screening at each 
airport at which screening services are provided under this section and 
provide Federal law enforcement officers at the airport pursuant to 
this chapter.
    ``(f) Termination of Contracts.--The Under Secretary may terminate 
any contract entered into with a private screening company to provide 
screening services at an airport under this section if the Under 
Secretary finds that the company has failed repeatedly to comply with 
any standard, regulation, directive, order, law, or contract applicable 
to the hiring or training of personnel to provide such services or to 
the provision of screening at the airport.
``Sec. 1521. Federal flight deck officer program
    ``(a) Establishment.--The Under Secretary for Border and 
Transportation Security shall establish a program to deputize volunteer 
pilots of air carriers providing air transportation or intrastate air 
transportation as Federal law enforcement officers to defend the flight 
decks of aircraft of such air carriers against acts of criminal 
violence or air piracy. Such officers shall be known as `Federal flight 
deck officers'.
    ``(b) Procedural Requirements.--
            ``(1) In general.--Not later than February 25, 2003, the 
        Under Secretary shall establish procedural requirements to 
        carry out the program under this section.
            ``(2) Commencement of program.--Beginning February 25, 
        2003, the Under Secretary shall begin the process of training 
        and deputizing pilots who are qualified to be Federal flight 
        deck officers as Federal flight deck officers under the 
        program.
            ``(3) Issues to be addressed.--The procedural requirements 
        established under paragraph (1) shall address the following 
        issues:
                    ``(A) The type of firearm to be used by a Federal 
                flight deck officer.
                    ``(B) The type of ammunition to be used by a 
                Federal flight deck officer.
                    ``(C) The standards and training needed to qualify 
                and requalify as a Federal flight deck officer.
                    ``(D) The placement of the firearm of a Federal 
                flight deck officer on board the aircraft to ensure 
                both its security and its ease of retrieval in an 
                emergency.
                    ``(E) An analysis of the risk of catastrophic 
                failure of an aircraft as a result of the discharge 
                (including an accidental discharge) of a firearm to be 
                used in the program into the avionics, electrical 
                systems, or other sensitive areas of the aircraft.
                    ``(F) The division of responsibility between pilots 
                in the event of an act of criminal violence or air 
                piracy if only 1 pilot is a Federal flight deck officer 
                and if both pilots are Federal flight deck officers.
                    ``(G) Procedures for ensuring that the firearm of a 
                Federal flight deck officer does not leave the cockpit 
                if there is a disturbance in the passenger cabin of the 
                aircraft or if the pilot leaves the cockpit for 
                personal reasons.
                    ``(H) Interaction between a Federal flight deck 
                officer and a Federal air marshal on board the 
                aircraft.
                    ``(I) The process for selection of pilots to 
                participate in the program based on their fitness to 
                participate in the program, including whether an 
                additional background check should be required beyond 
                that required by section 1536(a)(1).
                    ``(J) Storage and transportation of firearms 
                between flights, including international flights, to 
                ensure the security of the firearms, focusing 
                particularly on whether such security would be enhanced 
                by requiring storage of the firearm at the airport when 
                the pilot leaves the airport to remain overnight away 
                from the pilot's base airport.
                    ``(K) Methods for ensuring that security personnel 
                will be able to identify whether a pilot is authorized 
                to carry a firearm under the program.
                    ``(L) Methods for ensuring that pilots (including 
                Federal flight deck officers) will be able to identify 
                whether a passenger is a law enforcement officer who is 
                authorized to carry a firearm aboard the aircraft.
                    ``(M) Any other issues that the Under Secretary 
                considers necessary.
            ``(4) Preference.--In selecting pilots to participate in 
        the program, the Under Secretary shall give preference to 
        pilots who are former military or law enforcement personnel.
            ``(5) Classified information.--Notwithstanding section 552 
        of title 5 but subject to section 40119, information developed 
        under paragraph (3)(E) shall not be disclosed.
            ``(6) Notice to congress.--The Under Secretary shall 
        provide notice to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate after completing the analysis required by paragraph 
        (3)(E).
            ``(7) Minimization of risk.--If the Under Secretary 
        determines as a result of the analysis under paragraph (3)(E) 
        that there is a significant risk of the catastrophic failure of 
        an aircraft as a result of the discharge of a firearm, the 
        Under Secretary shall take such actions as may be necessary to 
        minimize that risk.
            ``(8) Limitation on review of decisions.--The Under 
        Secretary's decisions regarding the methods for implementing 
        each of the procedural requirements set forth in paragraph (3) 
        shall be subject to review only for abuse of discretion.
    ``(c) Training, Supervision, and Equipment.--
            ``(1) In general.--The Under Secretary shall provide the 
        training, supervision, and equipment necessary for a pilot to 
        be a Federal flight deck officer under this section at no 
        expense to the pilot or the air carrier employing the pilot; 
        except that if the pilot receives training at a non-Federal 
        facility approved by the Under Secretary under paragraph 
        (2)(C)(ii), the pilot may be charged a fee by that facility.
            ``(2) Training.--
                    ``(A) In general.--The Under Secretary shall base 
                the requirements for the training of Federal flight 
                deck officers under subsection (b) on the training 
                standards applicable to Federal air marshals; except 
                that the Under Secretary shall take into account the 
                differing roles and responsibilities of Federal flight 
                deck officers and Federal air marshals.
                    ``(B) Elements.--The training of a Federal flight 
                deck officer shall include, at a minimum, the following 
                elements:
                            ``(i) Training to ensure that the officer 
                        achieves the level of proficiency with a 
                        firearm required under subparagraph (C)(i).
                            ``(ii) Training to ensure that the officer 
                        maintains exclusive control over the officer's 
                        firearm at all times, including training in 
                        defensive maneuvers.
                            ``(iii) Training to assist the officer in 
                        determining when it is appropriate to use the 
                        officer's firearm and when it is appropriate to 
                        use less than lethal force.
                    ``(C) Training in use of firearms.--
                            ``(i) Standard.--In order to be deputized 
                        as a Federal flight deck officer, a pilot must 
                        achieve a level of proficiency with a firearm 
                        that is required by the Under Secretary. Such 
                        level shall be comparable to the level of 
                        proficiency required of Federal air marshals.
                            ``(ii) Conduct of training.--The training 
                        of a Federal flight deck officer in the use of 
                        a firearm may be conducted by the Under 
                        Secretary or by a firearms training facility 
                        approved by the Under Secretary.
                            ``(iii) Requalification.--The Under 
                        Secretary shall require a Federal flight deck 
                        officer to requalify to carry a firearm under 
                        the program. Such requalification shall occur 
                        at an interval required by the Under Secretary 
                        and may take place at either a Federal or non-
                        Federal facility.
    ``(d) Deputation.--
            ``(1) In general.--The Under Secretary may deputize, as a 
        Federal flight deck officer under this section, a pilot who 
        submits to the Under Secretary a request to be such an officer 
        and whom the Under Secretary determines is qualified to be such 
        an officer.
            ``(2) Qualification.--A pilot is qualified to be a Federal 
        flight deck officer under this section if--
                    ``(A) the pilot is employed by an air carrier;
                    ``(B) the Under Secretary determines (in the Under 
                Secretary's discretion) that the pilot meets the 
                standards established by the Under Secretary for being 
                such an officer; and
                    ``(C) the Under Secretary determines that the pilot 
                has completed the training required by the Under 
                Secretary.
            ``(3) Deputation by other federal agencies.--The Under 
        Secretary may request another Federal agency to deputize, as 
        Federal flight deck officers under this section, those pilots 
        that the Under Secretary determines are qualified to be such 
        officers.
            ``(4) Revocation.--The Under Secretary may revoke (in the 
        Under Secretary's discretion) the deputation of a pilot as a 
        Federal flight deck officer if the Under Secretary finds that 
        the pilot is no longer qualified to be such an officer.
    ``(e) Compensation.--Pilots participating in the program under this 
section shall not be eligible for compensation from the Federal 
Government for services provided as a Federal flight deck officer. The 
Federal Government and air carriers shall not be obligated to 
compensate a pilot for participating in the program or for the pilot's 
training or qualification and requalification to carry firearms under 
the program.
    ``(f) Authority To Carry Firearms.--
            ``(1) In general.--The Under Secretary shall authorize a 
        Federal flight deck officer to carry a firearm while engaged in 
        providing air transportation or intrastate air transportation. 
        Notwithstanding subsection (c)(1), the officer may purchase a 
        firearm and carry that firearm aboard an aircraft of which the 
        officer is the pilot in accordance with this section if the 
        firearm is of a type that may be used under the program.
            ``(2) Preemption.--Notwithstanding any other provision of 
        Federal or State law, a Federal flight deck officer, whenever 
        necessary to participate in the program, may carry a firearm in 
        any State and from 1 State to another State.
            ``(3) Carrying firearms outside united states.--In 
        consultation with the Secretary of State, the Under Secretary 
        may take such action as may be necessary to ensure that a 
        Federal flight deck officer may carry a firearm in a foreign 
        country whenever necessary to participate in the program.
            ``(4) Transportation of firearms in lock boxes.--
        Notwithstanding any other provision of this section, the Under 
        Secretary may allow a Federal flight deck officer to carry a 
        firearm that is secured in a lockbox into the cabin of an 
        aircraft for the purpose of transporting the firearm.
    ``(g) Authority To Use Force.--Notwithstanding section 1503(d), the 
Under Secretary shall prescribe the standards and circumstances under 
which a Federal flight deck officer may use, while the program under 
this section is in effect, force (including lethal force) against an 
individual in the defense of the flight deck of an aircraft in air 
transportation or intrastate air transportation.
    ``(h) Limitation on Liability.--
            ``(1) Liability of air carriers.--An air carrier shall not 
        be liable for damages in any action brought in a Federal or 
        State court arising out of a Federal flight deck officer's use 
        of or failure to use a firearm.
            ``(2) Liability of federal flight deck officers.--A Federal 
        flight deck officer shall not be liable for damages in any 
        action brought in a Federal or State court arising out of the 
        acts or omissions of the officer in defending the flight deck 
        of an aircraft against acts of criminal violence or air piracy 
        unless the officer is guilty of gross negligence or willful 
        misconduct.
            ``(3) Liability of federal government.--For purposes of an 
        action against the United States with respect to an act or 
        omission of a Federal flight deck officer in defending the 
        flight deck of an aircraft, the officer shall be treated as an 
        employee of the Federal Government under chapter 171 of title 
        28, relating to tort claims procedure.
    ``(i) Procedures Following Accidental Discharges.--If an accidental 
discharge of a firearm under the pilot program results in the injury or 
death of a passenger or crew member on an aircraft, the Under 
Secretary--
            ``(1) shall revoke the deputation of the Federal flight 
        deck officer responsible for that firearm if the Under 
        Secretary determines that the discharge was attributable to the 
        negligence of the officer; and
            ``(2) in any case in which the Under Secretary determines 
        that a shortcoming in standards, training, or procedures was 
        responsible for the accidental discharge, may temporarily 
        suspend the program until the shortcoming is corrected.
    ``(j) Limitation on Authority of Air Carriers.--No air carrier 
shall prohibit or threaten any retaliatory action against a pilot 
employed by the air carrier from becoming a Federal flight deck officer 
under this section. No air carrier shall--
            ``(1) prohibit a Federal flight deck officer from piloting 
        an aircraft operated by the air carrier; or
            ``(2) terminate the employment of a Federal flight deck 
        officer, solely on the basis of his or her volunteering for or 
        participating in the program under this section.
    ``(k) Applicability.--
            ``(1) Exemption.--This section shall not apply to air 
        carriers operating under part 135 of title 14, Code of Federal 
        Regulations, and to pilots employed by such carriers to the 
        extent that such carriers and pilots are covered by section 
        135.119 of such title or any successor to such section.
            ``(2) Pilot defined.--The term `pilot' means an individual 
        who has final authority and responsibility for the operation 
        and safety of the flight or, if more than 1 pilot is required 
        for the operation of the aircraft or by the regulations under 
        which the flight is being conducted, the individual designated 
        as second in command. The term also includes a flight engineer.
``Sec. 1522. Deputation of State and local law enforcement officers
    ``(a) Deputation Authority.--The Under Secretary for Border and 
Transportation Security may deputize a State or local law enforcement 
officer to carry out Federal airport security duties under this 
chapter.
    ``(b) Fulfillment of Requirements.--A State or local law 
enforcement officer who is deputized under this section shall be 
treated as a Federal law enforcement officer for purposes of meeting 
the requirements of this chapter and other provisions of law to provide 
Federal law enforcement officers to carry out Federal airport security 
duties.
    ``(c) Agreements.--To deputize a State or local law enforcement 
officer under this section, the Under Secretary shall enter into a 
voluntary agreement with the appropriate State or local law enforcement 
agency that employs the State or local law enforcement officer.
    ``(d) Reimbursement.--
            ``(1) In general.--The Under Secretary shall reimburse a 
        State or local law enforcement agency for all reasonable, 
        allowable, and allocable costs incurred by the State or local 
        law enforcement agency with respect to a law enforcement 
        officer deputized under this section.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection.
    ``(e) Federal Tort Claims Act.--A State or local law enforcement 
officer who is deputized under this section shall be treated as an 
`employee of the Government' for purposes of sections 1346(b), 2401(b), 
and chapter 171 of title 28 while carrying out Federal airport security 
duties within the course and scope of the officer's employment, subject 
to Federal supervision and control, and in accordance with the terms of 
such deputation.
    ``(f) Stationing of Officers.--The Under Secretary may allow law 
enforcement personnel to be stationed other than at the airport 
security screening location if that would be preferable for law 
enforcement purposes and if such personnel would still be able to 
provide prompt responsiveness to problems occurring at the screening 
location.
``Sec. 1523. Limitation of flights over certain stadiums
    ``No aircraft may fly within a 3 nautical mile radius at a height 
of less than 3,000 feet of a stadium having a seating capacity of 
30,000 within 1 hour before or 1 hour after a Major League Baseball, 
National Football League, National Collegiate Athletic Association 
Division One football, or major motor speedway event unless--
            ``(1) the aircraft is under the control of air traffic 
        control for the purpose of arriving or departing an airport 
        adjacent to the stadium;
            ``(2) the aircraft is an aircraft operated by or on behalf 
        of the Department of Defense or law enforcement and the pilot 
        is in contact with air traffic control;
            ``(3) the aircraft is being used for an aeromedical flight 
        operation and the pilot is in contact with air traffic control;
            ``(4) the aircraft is authorized to enter the area by air 
        traffic control for operational, security, or safety purposes 
        of the event;
            ``(5) the aircraft is authorized to enter the area by air 
        traffic control in order to transport equipment, parts, team 
        members, officials of the governing body, and family members 
        and guests of such teams or officials connected with the event 
        or stadium;
            ``(6) the aircraft is operated for the purpose of providing 
        broadcast coverage of the event by any broadcast rights holder;
            ``(7) the aircraft is operated by a pilot who--
                    ``(A) has undergone an employment investigation 
                under section 1536 (including a criminal history record 
                check and a review of available law enforcement data 
                bases and records of other governmental and 
                international agencies to the extent determined 
                practicable by the Under Secretary);
                    ``(B) has notified the Under Secretary for Border 
                and Transportation Security at least 48 hours before 
                the event of the intent to operate an aircraft in the 
                area; and
                    ``(C) is in contact with air traffic control; or
            ``(8) the pilot of the aircraft receives a waiver from the 
        Under Secretary.
``Sec. 1524. Certification of explosives detection canine and handler 
              teams
    ``(a) In General.--The Under Secretary for Border and 
Transportation Security may establish a program to certify explosives 
detection canine and handler teams, including teams employed by private 
sector companies.
    ``(b) Standards.--The Under Secretary may certify a team under 
subsection (a) only if the team meets such standards as the Under 
Secretary may prescribe. The standards shall be based on the standards 
that apply to teams participating in the National Explosives Detection 
Canine Team program of the Transportation Security Administration.
    ``(c) Use of Certified Teams.--Teams certified under subsection (a) 
may be used to perform security functions mandated by the Under 
Secretary and other activities to enhance security.
    ``(d) Alternative to Certification of Individual Teams.--
            ``(1) Certification of training programs.--As an 
        alternative to certifying individual teams under subsection 
        (a), the Under Secretary may certify the training program of a 
        law enforcement agency or a private sector company that offers 
        explosives detection canine services for hire.
            ``(2) Applicability of standards.--Teams trained under a 
        program certified under paragraph (1) shall be required to meet 
        the standards prescribed by the Under Secretary under 
        subsection (b).
            ``(3) Inspections.--The Under Secretary may perform random 
        inspections or testing to verify that certification standards 
        for training programs are met.
            ``(4) Pretesting standards.--The Under Secretary may 
        require that certain requirements be met before considering 
        whether to certify a training program. The requirements may 
        include the following:
                    ``(A) Adequate storage facilities for canine 
                explosives training aids.
                    ``(B) An established process for conducting 
                security background checks on employees or potential 
                employees.
                    ``(C) A minimum number, not to exceed 8, of canine 
                and handler teams present to test.
                    ``(D) A request for testing from a sponsoring 
                transportation provider, airport owner or operator, or 
                shipper.
                    ``(E) A requirement that a company hold a permit 
                issued by the Bureau of Alcohol, Tobacco and Firearms 
                under section 843 of title 18.
    ``(e) Recertification.--The Under Secretary shall require periodic 
recertification of individual canine teams or company training 
programs, as appropriate.
    ``(f) Access to Standards.--The Under Secretary shall ensure that 
the standards established pursuant to subsection (b) are made known to 
explosives detection canine and handler teams seeking certification 
under this section, and to private sector companies and law enforcement 
agencies seeking certification of training programs under subsection 
(d), as appropriate. The Under Secretary may establish procedures to 
ensure that the standards are disclosed only to individuals who have 
completed a security background check to the satisfaction of the Under 
Secretary.
``Sec. 1525. Airport security improvement projects
    ``(a) Grant Authority.--Subject to the requirements of this 
section, the Under Secretary for Border and Transportation Security 
shall make grants to airport sponsors--
            ``(1) for projects to replace baggage conveyer systems 
        related to aviation security;
            ``(2) for projects to reconfigure terminal baggage areas as 
        needed to install explosive detection systems; and
            ``(3) for such other airport security improvement projects 
        as the Under Secretary determines appropriate.
    ``(b) Applications.--A sponsor seeking a grant under this section 
shall submit to the Under Secretary an application in such form and 
containing such information as the Under Secretary prescribes.
    ``(c) Approval.--The Under Secretary may approve an application of 
a sponsor for a grant under this section only if the Under Secretary 
determines that the project will improve security at an airport or 
improve the efficiency of the airport without lessening security.
    ``(d) Letters of Intent.--
            ``(1) Issuance.--The Under Secretary may issue a letter of 
        intent to a sponsor committing to obligate from future budget 
        authority an amount, not more than the Federal Government's 
        share of the project's cost, for an airport security 
        improvement project (including interest costs and costs of 
        formulating the project).
            ``(2) Schedule.--A letter of intent under this subsection 
        shall establish a schedule under which the Under Secretary will 
        reimburse the sponsor for the Government's share of the 
        project's costs, as amounts become available, if the sponsor, 
        after the Under Secretary issues the letter, carries out the 
        project without receiving amounts under this section.
            ``(3) Priority.--In making grants under this section in a 
        fiscal year, the Under Secretary shall fulfill intentions to 
        obligate under this subsection.
            ``(4) Notice to under secretary.--A sponsor that has been 
        issued a letter of intent under this subsection shall notify 
        the Under Secretary of the sponsors's intent to carry out an 
        airport security improvement project before the project begins.
            ``(5) Notice to congress.--The Under Secretary shall 
        transmit to the Committees on Appropriations and Transportation 
        and Infrastructure of the House of Representatives and the 
        Committees on Appropriations and Commerce, Science and 
        Transportation of the Senate a written notification at least 3 
        days before the issuance of a letter of intent under this 
        section.
            ``(6) Limitations.--A letter of intent issued under this 
        subsection is not an obligation of the Government under section 
        1501 of title 31, and the letter is not deemed to be an 
        administrative commitment for financing. An obligation or 
        administrative commitment may be made only as amounts are 
        provided in authorization and appropriations laws.
            ``(7) Applicability of certain requirements.--The 
        requirements that apply to grants and letters of intent issued 
        under chapter 471 shall apply to grants and letters of intent 
        issued under this section.
            ``(8) Statutory construction.--Nothing in this subsection 
        shall be construed to prohibit the obligation of amounts 
        pursuant to a letter of intent under this subsection in the 
        same fiscal year as the letter of intent is issued.
    ``(e) Federal Share.--The Government's share of the cost of a 
project under this section shall be 90 percent for a project at an 
airport having at least 0.25 percent of the total number of passenger 
boardings each year at all airports and 95 percent for a project at any 
other airport.
    ``(f) Sponsor Defined.--In this section, the term `sponsor' has the 
meaning given that term in section 47102.
    ``(g) Funding.--
            ``(1) In general.--Out of amounts collected in fees under 
        section 1540, $500,000,000 shall be available to carry out this 
        section in each of fiscal years 2004 through 2007. Such sums 
        shall remain available until expended.
            ``(2) Incurring obligations.--The Under Secretary may incur 
        obligations to make grants from amounts made available for a 
        fiscal year to carry out this section beginning on the first 
        day of the fiscal year.
            ``(3) Contract authority.--A project grant obligation of 
        the Under Secretary under this section is a contractual 
        obligation of the Government for the payment of the 
        Government's share of the project's cost.
            ``(4) Obligation limitations.--Project grant obligations of 
        the Under Secretary under this section shall not exceed 
        $500,000,000 for each of fiscal years 2004 through 2007.
``Sec. 1526. Repair station security
    ``(a) Security Review and Audit.--To ensure the security of 
maintenance and repair work conducted on United States aircraft and 
components at foreign aircraft repair stations, the Under Secretary for 
Border and Transportation Security, in consultation with the 
Administrator of the Federal Aviation Administration, shall complete a 
security review and audit of foreign aircraft repair stations certified 
by the Administrator under part 145 of title 14, Code of Federal 
Regulations. The review shall be completed not later than 1 year after 
the date on which the Under Secretary issues regulations under 
subsection (f).
    ``(b) Addressing Security Concerns.--The Under Secretary shall 
require a foreign aircraft repair station to address the security 
issues and vulnerabilities identified in a security audit conducted 
under subsection (a) within 90 days of providing notice to the repair 
station of the security issues and vulnerabilities so identified.
    ``(c) Suspensions and Revocations of Certificates.--
            ``(1) Failure to carry out effective security measures.--If 
        the Under Secretary determines as a result of a security audit 
        that a foreign aircraft repair station does not maintain and 
        carry out effective security measures, the Under Secretary 
        shall notify the Administrator of the determination. Upon 
        receipt of the determination, the Administrator shall suspend 
        the certification of the repair station until such time as the 
        Under Secretary determines that the repair station maintains 
        and carries out effective security measures and transmits the 
        determination to the Administrator.
            ``(2) Immediate security risk.--If the Under Secretary 
        determines that a foreign aircraft repair station poses an 
        immediate security risk, the Under Secretary shall notify the 
        Administrator of the determination. Upon receipt of the 
        determination, the Administrator shall revoke the certification 
        of the repair station.
    ``(d) Failure To Meet Audit Deadline.--If the security audits 
required by subsection (a) are not completed on or before the date that 
is 1 year after the date on which the Under Secretary issues 
regulations under subsection (f), the Administrator shall be barred 
from certifying, or renewing the certification of, any foreign aircraft 
repair station until such audits are completed for existing stations.
    ``(e) Priority for Audits.--In conducting the audits described in 
subsection (a), the Under Secretary and the Administrator shall give 
priority to foreign aircraft repair stations located in countries 
identified by the United States Government as posing the most 
significant security risks.
    ``(f) Regulations.--Not later than 180 days after the date of 
enactment of this section, the Under Secretary, in consultation with 
the Administrator, shall issue final regulations to ensure the security 
of foreign and domestic aircraft repair stations.

             ``SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

``Sec. 1531. Reserved
``Sec. 1532. Reserved
``Sec. 1533. Federal Security Directors
    ``(a) Establishment, Designation, and Stationing.--The Under 
Secretary for Border and Transportation Security shall establish the 
position of Federal Security Director for each airport in the United 
States described in section 1503(c). The Under Secretary shall 
designate individuals as Directors for, and station those Directors in 
the vicinity of, those airports.
    ``(b) Duties and Powers.--The Director at each airport shall--
            ``(1) oversee the screening of passengers and property at 
        the airport; and
            ``(2) carry out other duties prescribed by the Under 
        Secretary.
``Sec. 1534. Foreign Security Liaison Officers
    ``(a) Establishment, Designation, and Stationing.--The Under 
Secretary for Border and Transportation Security shall establish the 
position of Foreign Security Liaison Officer for each airport outside 
the United States at which the Under Secretary decides an Officer is 
necessary for air transportation security. In coordination with the 
Secretary of State, the Under Secretary shall designate an Officer for 
each of those airports. The Secretary shall give high priority to 
stationing those Officers.
    ``(b) Duties and Powers.--An Officer reports directly to the Under 
Secretary. The Officer at each airport shall--
            ``(1) serve as the liaison of the Under Secretary to 
        foreign security authorities (including governments of foreign 
        countries and foreign airport authorities) in carrying out 
        United States Government security requirements at that airport; 
        and
            ``(2) to the extent practicable, carry out duties and 
        powers referred to in section 1533(b).
    ``(c) Coordination of Activities.--The activities of each Officer 
shall be coordinated with the chief of the diplomatic mission of the 
United States to which the Officer is assigned. Activities of an 
Officer under this section shall be consistent with the duties and 
powers of the Secretary and the chief of mission to a foreign country 
under section 103 of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act 
of 1980 (22 U.S.C. 3927).
``Sec. 1535. Employment standards and training
    ``(a) Employment Standards.--The Under Secretary for Border and 
Transportation Security shall prescribe standards for the employment 
and continued employment of, and contracting for, air carrier personnel 
and, as appropriate, airport security personnel. The standards shall 
include--
            ``(1) minimum training requirements for new employees;
            ``(2) retraining requirements;
            ``(3) minimum staffing levels;
            ``(4) minimum language skills; and
            ``(5) minimum education levels for employees, when 
        appropriate.
    ``(b) Review and Recommendations.--In coordination with air 
carriers, airport operators, and other interested persons, the Under 
Secretary shall review issues related to human performance in the 
aviation security system to maximize that performance. When the review 
is completed, the Under Secretary shall recommend guidelines and 
prescribe appropriate changes in existing procedures to improve that 
performance.
    ``(c) Security Program Training, Standards, and Qualifications.--
            ``(1) In general.--The Under Secretary--
                    ``(A) may train individuals employed to carry out a 
                security program under section 1503(c); and
                    ``(B) shall prescribe uniform training standards 
                and uniform minimum qualifications for individuals 
                eligible for that training.
            ``(2) Reimbursement of certain expenses.--The Under 
        Secretary may authorize reimbursement for travel, 
        transportation, and subsistence expenses for security training 
        of non-United States Government domestic and foreign 
        individuals whose services will contribute significantly to 
        carrying out civil aviation security programs. To the extent 
        practicable, air travel reimbursed under this paragraph shall 
        be on air carriers.
    ``(d) Education and Training Standards for Security Coordinators, 
Supervisory Personnel, and Pilots.--
            ``(1) In general.--The Under Secretary shall prescribe 
        standards for educating and training--
                    ``(A) ground security coordinators;
                    ``(B) security supervisory personnel; and
                    ``(C) airline pilots as in-flight security 
                coordinators.
            ``(2) Minimum standards.--The standards shall include 
        initial training, retraining, and continuing education 
        requirements and methods. Those requirements and methods shall 
        be used annually to measure the performance of ground security 
        coordinators and security supervisory personnel.
    ``(e) Security Screeners.--
            ``(1) Training program.--The Under Secretary shall 
        establish a program for the hiring and training of security 
        screening personnel.
            ``(2) Hiring.--
                    ``(A) Qualifications.--The Under Secretary shall 
                establish qualification standards for individuals to be 
                hired by the United States as security screening 
                personnel. Notwithstanding any provision of law, those 
                standards shall require, at a minimum, an individual--
                            ``(i) to have a satisfactory or better 
                        score on a Federal security screening personnel 
                        selection examination;
                            ``(ii) to be a citizen of the United States 
                        or a national of the United States, as defined 
                        in section 1101(a)(22) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(22));
                            ``(iii) to meet, at a minimum, the 
                        requirements set forth in subsection (f); and
                            ``(iv) to meet such other qualifications as 
                        the Under Secretary may establish.
                    ``(B) Background checks.--The Under Secretary shall 
                require that an individual to be hired as a security 
                screener undergo an employment investigation (including 
                a criminal history record check) under section 
                1536(a)(1).
                    ``(C) Disqualification of individuals who present 
                national security risks.--The Under Secretary, in 
                consultation with the heads of other appropriate 
                Federal agencies, shall establish procedures, in 
                addition to any background check conducted under 
                section 1536, 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 Under 
        Secretary shall develop a security screening personnel 
        examination for use in determining the qualification of 
        individuals seeking employment as security screening personnel. 
        The Under Secretary 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, an individual may not be deployed 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 Under Secretary has determined to be 
                sufficient for 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 Under 
                        Secretary.
                            ``(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 an 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 (3).
            ``(2) Veterans preference.--The Under Secretary shall 
        provide a preference for the hiring of an individual as a 
        security screener if the individual is a member or former 
        member of the armed forces and if the individual is entitled, 
        under statute, to retired, retirement, or retainer pay on 
        account of service as a member of the armed forces.
            ``(3) Exceptions.--An individual who has not completed the 
        training required by this section may be deployed 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.
            ``(4) 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.
            ``(5) Annual proficiency review.--The Under Secretary 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.
            ``(6) Operational testing.--In addition to the annual 
        proficiency review conducted under paragraph (5), the Under 
        Secretary shall provide for the operational testing of such 
        personnel.
            ``(7) Fitness for duty.--An individual employed as a 
        security screener shall demonstrate a fitness for duty on a 
        daily basis without any impairment due to illegal drugs, sleep 
        deprivation, medication, or alcohol.
    ``(g) Training.--
            ``(1) Use of other agencies.--The Under Secretary may 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 Under Secretary shall develop a 
        plan for the training of security screening personnel. The plan 
        shall require, at a minimum, that a security screener--
                    ``(A) has completed 40 hours of classroom 
                instruction or successfully completed a program that 
                the Under Secretary 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 
                instructions; and
                    ``(C) has successfully completed an on-the-job 
                training examination prescribed by the Under Secretary.
            ``(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.--
            ``(1) In general.--The Under Secretary 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.
            ``(2) Periodic assessments.--The Under Secretary shall make 
        periodic assessments to determine if there are dual use items 
        and inform security screening personnel of the existence of 
        such items.
            ``(3) Current lists of dual use items.--Current lists of 
        dual use items shall be part of the ongoing training for 
        screeners.
            ``(4) Dual use defined.--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.
    ``(i) Limitation on Right To Strike.--An individual that screens 
passengers or property, or both, at an airport under this section may 
not participate in a strike, or assert the right to strike, against the 
person (including a governmental entity) employing such individual to 
perform such screening.
    ``(j) Uniforms.--The Under Secretary shall require any individual 
who screens passengers and property pursuant to section 1501 to be 
attired while on duty in a uniform approved by the Under Secretary.
    ``(k) Accessibility of Computer-Based Training Facilities.--The 
Under Secretary shall work with air carriers and airports to ensure 
that computer-based training facilities intended for use by security 
screeners at an airport regularly serving an air carrier holding a 
certificate issued by the Secretary of Transportation are conveniently 
located for that airport and easily accessible.
    ``(l) Screener Personnel.--Notwithstanding any other provision of 
law, the Under Secretary 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 Under Secretary 
determines to be necessary to carry out the screening functions of the 
Under Secretary under section 1501. The Under Secretary shall establish 
levels of compensation and other benefits for individuals so employed.
``Sec. 1536. Employment investigations and restrictions
    ``(a) Employment Investigation Requirement.--
            ``(1) Types of employees.--
                    ``(A) Security screeners and positions with 
                unescorted access.--The Under Secretary for Border and 
                Transportation Security shall require by regulation 
                that an employment investigation (including a criminal 
                history record check and a review of available law 
                enforcement data bases and records of other 
                governmental and international agencies to the extent 
                determined practicable by the Under Secretary) shall be 
                conducted of each individual employed in, or applying 
                for, a position as a security screener under section 
                1535(e) or a position in which the individual has 
                unescorted access, or may permit other individuals to 
                have unescorted access, to--
                            ``(i) aircraft of an air carrier or foreign 
                        air carrier; or
                            ``(ii) a secured area of an airport in the 
                        United States the Under Secretary designates 
                        that serves an air carrier or foreign air 
                        carrier.
                    ``(B) Supervisors, positions with escorted access, 
                and security personnel.--The Under Secretary shall 
                require by regulation that an employment investigation 
                (including a criminal history record check and a review 
                of available law enforcement data bases and records of 
                other governmental and international agencies to the 
                extent determined practicable by the Under Secretary) 
                be conducted for--
                            ``(i) individuals who are responsible for 
                        screening passengers or property under section 
                        1501;
                            ``(ii) supervisors of the individuals 
                        described in clause (i);
                            ``(iii) individuals who regularly have 
                        escorted access to aircraft of an air carrier 
                        or foreign air carrier or a secured area of an 
                        airport in the United States the Under 
                        Secretary designates that serves an air carrier 
                        or foreign air carrier; and
                            ``(iv) such other individuals who exercise 
                        security functions associated with baggage or 
                        cargo, as the Under Secretary determines is 
                        necessary to ensure air transportation 
                        security.
                    ``(C) Background checks of current employees.--
                            ``(i) In general.--A new background check 
                        (including a criminal history record check and 
                        a review of available law enforcement data 
                        bases and records of other governmental and 
                        international agencies to the extent determined 
                        practicable by the Under Secretary) shall be 
                        required for any individual who is employed in 
                        a position described in subparagraphs (A) and 
                        (B) on November 19, 2001.
                            ``(ii) Phased in implementation.--The Under 
                        Secretary may provide by order (without regard 
                        to the provisions of chapter 5 of title 5, 
                        United States Code) for a phased-in 
                        implementation of the requirements of this 
                        subparagraph.
                    ``(D) Exemption.--An employment investigation, 
                including a criminal history record check, shall not be 
                required under this subsection for an individual who is 
                exempted under section 107.31(m)(1) or (2) of title 14, 
                Code of Federal Regulations, as in effect on November 
                22, 2000. The Under Secretary shall work with the 
                International Civil Aviation Organization and with 
                appropriate authorities of foreign countries to ensure 
                that individuals exempted under this subparagraph do 
                not pose a threat to aviation or national security.
            ``(2) Contract services.--An air carrier, foreign air 
        carrier, airport operator, or government that employs, or 
        authorizes or makes a contract for the services of, an 
        individual in a position described in paragraph (1) shall 
        ensure that the investigation the Under Secretary requires is 
        conducted.
            ``(3) Audit.--The Under Secretary shall provide for the 
        periodic audit of the effectiveness of criminal history record 
        checks conducted under paragraph (1).
    ``(b) Prohibited Employment.--
            ``(1) In general.--Except as provided in paragraph (3), an 
        air carrier, foreign air carrier, airport operator, or 
        government may not employ, or authorize or make a contract for 
        the services of, an individual in a position described in 
        subsection (a)(1) if--
                    ``(A) the investigation of the individual required 
                under this section has not been conducted; or
                    ``(B) the results of that investigation establish 
                that, in the 10-year period ending on the date of the 
                investigation, the individual was convicted (or found 
                not guilty by reason of insanity) of--
                            ``(i) a crime referred to in section 46306, 
                        46308, 46312, 46314, or 46315 or chapter 465 of 
                        this title or section 32 of title 18;
                            ``(ii) murder;
                            ``(iii) assault with intent to murder;
                            ``(iv) espionage;
                            ``(v) sedition;
                            ``(vi) treason;
                            ``(vii) rape;
                            ``(viii) kidnapping;
                            ``(ix) unlawful possession, sale, 
                        distribution, or manufacture of an explosive or 
                        weapon;
                            ``(x) extortion;
                            ``(xi) armed or felony unarmed robbery;
                            ``(xii) distribution of, or intent to 
                        distribute, a controlled substance;
                            ``(xiii) a felony involving a threat;
                            ``(xiv) a felony involving--
                                    ``(I) willful destruction of 
                                property;
                                    ``(II) importation or manufacture 
                                of a controlled substance;
                                    ``(III) burglary;
                                    ``(IV) theft;
                                    ``(V) dishonesty, fraud, or 
                                misrepresentation;
                                    ``(VI) possession or distribution 
                                of stolen property;
                                    ``(VII) aggravated assault;
                                    ``(VIII) bribery; and
                                    ``(IX) illegal possession of a 
                                controlled substance punishable by a 
                                maximum term of imprisonment of more 
                                than 1 year, or any other crime 
                                classified as a felony that the Under 
                                Secretary determines indicates a 
                                propensity for placing contraband 
                                aboard an aircraft in return for money; 
                                or
                            ``(xv) conspiracy to commit any of the acts 
                        referred to in clauses (i) through (xiv).
            ``(2) Other factors.--The Under Secretary may specify other 
        factors that are sufficient to prohibit the employment of an 
        individual in a position described in subsection (a)(1).
            ``(3) Plan for alternate security arrangements.--An air 
        carrier, foreign air carrier, airport operator, or government 
        may employ, or authorize or contract for the services of, an 
        individual in a position described in subsection (a)(1) without 
        carrying out the investigation required under this section, if 
        the Under Secretary approves a plan to employ the individual 
        that provides alternate security arrangements.
    ``(c) Fingerprinting and Record Check Information.--
            ``(1) Designated individual.--If the Under Secretary 
        requires an identification and criminal history record check, 
        to be conducted by the Attorney General, as part of an 
        investigation under this section, the Under Secretary shall 
        designate an individual to obtain fingerprints and submit those 
        fingerprints to the Attorney General. The Attorney General may 
        make the results of a check available to an individual the 
        Under Secretary designates. Before designating an individual to 
        obtain and submit fingerprints or receive results of a check, 
        the Under Secretary shall consult with the Attorney General. 
        All Federal agencies shall cooperate with the Under Secretary 
        and the Under Secretary's designee in the process of collecting 
        and submitting fingerprints.
            ``(2) Fingerprinting procedures and use of information.--
        The Under Secretary shall prescribe regulations on--
                    ``(A) procedures for taking fingerprints; and
                    ``(B) requirements for using information received 
                from the Attorney General under paragraph (1)--
                            ``(i) to limit the dissemination of the 
                        information; and
                            ``(ii) to ensure that the information is 
                        used only to carry out this section.
            ``(3) Review of information by individual.--If an 
        identification and criminal history record check is conducted 
        as part of an investigation of an individual under this 
        section, the individual--
                    ``(A) shall receive a copy of any record received 
                from the Attorney General; and
                    ``(B) may complete and correct the information 
                contained in the check before a final employment 
                decision is made based on the check.
    ``(d) Fees and Charges.--The Under Secretary and the Attorney 
General shall establish reasonable fees and charges to pay expenses 
incurred in carrying out this section. The employer of the individual 
being investigated shall pay the costs of a record check of the 
individual. Money collected under this section shall be credited to the 
account in the Treasury from which the expenses were incurred and are 
available to the Under Secretary and the Attorney General for those 
expenses.
    ``(e) When Investigation or Record Check Not Required.--This 
section does not require an investigation or record check when the 
investigation or record check is prohibited by a law of a foreign 
country.
    ``(f) Revised Procedures.--The Under Secretary shall revise the 
procedures established under subsection (c) to ensure that--
            ``(1) information received from the Attorney General under 
        subsection (c) is released only to the Under Secretary or the 
        designee of the Under Secretary; and
            ``(2) the Under Secretary or designee informs the employer 
        or prospective employer of an individual, within 3 days 
        (excluding weekends and holidays) of receiving information from 
        the Attorney General concerning the individual, whether the 
        investigation of the individual under subsection (c) 
        establishes that, in the 10-year period ending on the date of 
        the investigation, the individual was convicted (or found not 
        guilty by reason of insanity) of any of the crimes listed in 
        subsection (b).
    ``(g) Limitation on Designee.--A designee of the Under Secretary 
under subsection (c)(1) or under subsection (f) may not be--
            ``(1) an employer or prospective employer of the individual 
        who is subject to fingerprinting, a record check, or an 
        investigation; or
            ``(2) an entity that represents or is otherwise associated 
        with the employer or prospective employer.
    ``(h) Waiver Process.--
            ``(1) In general.--The Under Secretary shall establish a 
        process to permit an individual who was convicted of a crime 
        listed in subsection (b) to obtain a waiver from the Under 
        Secretary to permit that individual's employment.
            ``(2) Factors.--In deciding whether to grant a waiver under 
        this subsection, the Under Secretary shall give consideration 
        to the circumstances of the disqualifying crime, restitution 
        made by the individual, Federal and State mitigation remedies, 
        and other factors that would tend to indicate that the 
        individual does not pose a security or terrorism risk.
            ``(3) Appeals process.--The Under Secretary shall establish 
        an appeals process, including a hearing on the record, for 
        individuals who are denied waivers under this subsection.
    ``(h) Minimization of Duplicative Background Checks.--The Under 
Secretary shall take such action as may be necessary to ensure that a 
person who works at an airport is not subject to separate background 
checks by each Federal agency that operates at that airport.
``Sec. 1537. Prohibition on transferring duties and
              powers
    ``Except as specifically provided by law, the Under Secretary for 
Border and Transportation Security may not transfer a duty or power 
under section 1503(a), (b), (c), or (e), 1506, 1512, 1535, 1536, or 
1538(b)(3) to another department, agency, or instrumentality of the 
United States Government.
``Sec. 1538. Reports
    ``(a) Transportation Security.--Not later than March 31 of each 
year, the Secretary of Homeland Security shall submit to Congress a 
report on transportation security with recommendations the Secretary 
considers appropriate. The report shall be prepared in conjunction with 
the biennial report the Under Secretary for Border and Transportation 
Security submits under subsection (b) in each year the Under Secretary 
submits the biennial report, but may not duplicate the information 
submitted under subsection (b) or section 1507(a)(3). The Secretary may 
submit the report in classified and unclassified parts. The report 
shall include--
            ``(1) an assessment of trends and developments in terrorist 
        activities, methods, and other threats to transportation;
            ``(2) an evaluation of deployment of explosive detection 
        devices;
            ``(3) recommendations for research, engineering, and 
        development activities related to transportation security, 
        except research engineering and development activities related 
        to aviation security to the extent those activities are covered 
        by the national aviation research plan required under section 
        44501(c);
            ``(4) identification and evaluation of cooperative efforts 
        with other departments, agencies, and instrumentalities of the 
        United States Government;
            ``(5) an evaluation of cooperation with foreign 
        transportation and security authorities;
            ``(6) the status of the extent to which the recommendations 
        of the President's Commission on Aviation Security and 
        Terrorism have been carried out and the reasons for any delay 
        in carrying out those recommendations;
            ``(7) an assessment of financial and staffing requirements, 
        and attainment of existing staffing goals, for carrying out 
        duties and powers of the Under Secretary related to security; 
        and
            ``(8) appropriate legislative and regulatory 
        recommendations.
    ``(b) Screening and Foreign Air Carrier and Airport Security.--The 
Under Secretary shall submit biennially to Congress a report--
            ``(1) on the effectiveness of procedures under section 
        1501;
            ``(2) that includes a summary of the assessments conducted 
        under section 1507(a)(1) and (2); and
            ``(3) that includes an assessment of the steps being taken, 
        and the progress being made, in ensuring compliance with 
        section 1506 for each foreign air carrier security program at 
        airports outside the United States--
                    ``(A) at which the Under Secretary decides that 
                Foreign Security Liaison Officers are necessary for air 
                transportation security; and
                    ``(B) for which extraordinary security measures are 
                in place.
``Sec. 1539. Training to operate certain aircraft
    ``(a) Waiting Period.--A person operating as a flight instructor, 
pilot school, or aviation training center or subject to regulation 
under this part may provide training in the operation of any aircraft 
having a maximum certificated takeoff weight of more than 12,500 pounds 
to an alien (as defined in section 101(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual 
specified by the Under Secretary for Border and Transportation Security 
only if--
            ``(1) that person has first notified the Under Secretary 
        that the alien or individual has requested such training and 
        submitted to the Under Secretary, in such form as the Under 
        Secretary may prescribe, the following information about the 
        alien or individual:
                    ``(A) full name;
                    ``(B) passport and visa information;
                    ``(C) country of citizenship;
                    ``(D) date of birth;
                    ``(E) dates of training; and
                    ``(F) verification that fingerprints have been 
                taken by, or under the supervision of, a Federal, 
                State, or local law enforcement agency or by another 
                entity approved by the Federal Bureau of Investigation, 
                including finger prints taken by United States 
                Government personnel at a United States embassy or 
                consulate; and
            ``(2) the Under Secretary has not directed, within 45 days 
        after being notified under paragraph (1), that person not to 
        provide the requested training because the Under Secretary has 
        determined that the individual presents a risk to aviation or 
        national security.
    ``(b) Interruption of Training.--If the Under Secretary, more than 
45 days after receiving notification under subsection (a) from a person 
providing training described in subsection (a), determines that the 
individual presents a risk to aviation or national security, the Under 
Secretary shall immediately notify the person providing the training of 
the determination and that person shall immediately terminate the 
training.
    ``(c) Security Awareness Training for Employees.--The Under 
Secretary shall require flight schools to conduct a security awareness 
program for flight school employees to increase their awareness of 
suspicious circumstances and activities of individuals enrolling in or 
attending flight school.
    ``(d) Training.--In subsection (a), the term `training' means 
training received from an instructor in an aircraft or aircraft 
simulator and does not include recurrent training, ground training, or 
demonstration flights for marketing purposes.
``Sec. 1541. 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, to any employee or agent of the Department of Homeland 
Security, 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. 1542. Performance goals and objectives
    ``(a) Short-Term Transition.--
            ``(1) In general.--The Under Secretary for Border and 
        Transportation Security, in consultation with Congress, may--
                    ``(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 Transportation Security 
        Administration, 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.--
                    ``(A) Measurable goals and objectives.--Each year, 
                consistent with the requirements of the Government 
                Performance and Results Act of 1993 (in this subsection 
                referred to as the `GPRA'), the Secretary of Homeland 
                Security, the Under Secretary, and the Administrator of 
                the Transportation Security Administration 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.
                    ``(B) Clarification of responsibilities.--In 
                addition to meeting the requirements of GPRA, the 
                performance plan should clarify the responsibilities of 
                the Secretary, the Under Secretary, the Administrator, 
                and the head of any other agency or organization that 
                may have a role in ensuring the security of the civil 
                air transportation system.
            ``(2) Performance report.--Each year, consistent with the 
        requirements of GPRA, the Under Secretary 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.
``Sec. 1543. Performance management system
    ``(a) Establishing a Fair and Equitable System for Measuring Staff 
Performance.--The Under Secretary for Border and 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) In general.--Each year, the Secretary of Homeland 
        Security, the Under Secretary, and the Administrator of the 
        Transportation Security Administration shall enter into an 
        annual performance agreement that shall set forth 
        organizational and individual performance goals for the Under 
        Secretary and the Administrator.
            ``(2) Goals.--Each year, the Under Secretary, the 
        Administrator, and each senior manager who reports to the Under 
        Secretary or the Administrator 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 Under Secretary or the Administrator 
        shall enter into an annual performance agreement that sets 
        forth organization and individual goals for those employees.
    ``(c) Performance-Based Service Contracting.--To the extent 
contracts, if any, are used to implement this part, the Under Secretary 
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. 1544. Voluntary provision of emergency services
    ``(a) Program for Provision of Voluntary Services.--
            ``(1) Program.--The Under Secretary for Border and 
        Transportation Security 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 Under Secretary shall establish 
        such requirements for qualifications of providers of voluntary 
        services under the program under paragraph (1), including 
        training requirements, as the Under Secretary considers 
        appropriate.
            ``(3) Confidentiality of registry.--If as part of the 
        program under paragraph (1) the Under 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 Under Secretary shall take appropriate actions to ensure 
        that the registry is available only to appropriate airline 
        personnel and otherwise remains confidential.
            ``(4) Consultation.--The Under 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) Exemption From Liability.--An individual shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the acts or omissions of the individual in providing or 
attempting to provide assistance in the case of an in-flight emergency 
unless the individual, while rendering such assistance, is guilty of 
gross negligence or willful misconduct.

              ``CHAPTER 17--INVESTIGATIONS AND PROCEEDINGS

``Sec.
``1701. Complaints and investigations.
``1702. Proceedings.
``1703. Service of notice, process, and actions.
``1704. Evidence.
``1705. Regulations and orders.
``1706. Certificate actions in response to a security threat.
``1707. Enforcement by Transportation Security Administration.
``1708. Enforcement by Attorney General.
``1709. Joinder and intervention.
``1710. Judicial review.
``Sec. 1701. Complaints and investigations
    ``(a) General.--
            ``(1) Filing of complaint and investigation.--A person may 
        file a complaint in writing with the Under Secretary for Border 
        and Transportation Security about a person violating this part 
        or a requirement prescribed under this part. Except as provided 
        in subsection (b), the Under Secretary shall investigate the 
        complaint if a reasonable ground appears to the Under Secretary 
        for the investigation.
            ``(2) Investigation on initiative of under secretary.--On 
        the initiative of the Under Secretary, the Under Secretary may 
        conduct an investigation, if a reasonable ground appears to the 
        Under Secretary for the investigation, about--
                    ``(A) a person violating this part or a requirement 
                prescribed under this part; or
                    ``(B) any question that may arise under this part.
            ``(3) Dismissal of complaint.--The Under Secretary may 
        dismiss a complaint without a hearing when the Under Secretary 
        is of the opinion that the complaint does not state facts that 
        warrant an investigation or action.
            ``(4) Order.--After notice and an opportunity for a 
        hearing, the Under Secretary shall issue an order to compel 
        compliance with this part if the Under Secretary finds in an 
        investigation under this subsection that a person is violating 
        this part.
            ``(5) International obligations.--In issuing orders under 
        paragraph (4), the Under Secretary--
                    ``(A) shall act consistently with obligations of 
                the United States Government; and
                    ``(B) shall consider applicable laws and 
                requirements of a foreign country.
    ``(b) Complaints Against Members of Armed Forces.--The Under 
Secretary shall refer a complaint against a member of the armed forces 
of the United States performing official duties to the Secretary of the 
department concerned for action. Not later than 90 days after receiving 
the complaint, the Secretary of that department shall inform the Under 
Secretary of the action taken on the complaint, including any 
corrective or disciplinary action taken.
``Sec. 1702. Proceedings
    ``(a) Conducting Proceedings.--Subject to subchapter II of chapter 
5 of title 5, the Under Secretary for Border and Transportation 
Security may conduct proceedings in a way conducive to justice and the 
proper dispatch of business.
    ``(b) Appearance.--A person may appear and be heard before the 
Under Secretary in person or by an attorney.
    ``(c) Recording and Public Access.--Official action taken by the 
Under Secretary under this part shall be recorded. Proceedings before 
the Under Secretary shall be open to the public on the request of an 
interested party unless the Under Secretary decides that secrecy is 
required because of national defense.
    ``(d) Conflicts of Interest.--The Under Secretary may not 
participate in a proceeding referred to in subsection (a) in which the 
Under Secretary has a pecuniary interest.
``Sec. 1703. Service of notice, process, and actions
    ``(a) Designating Agents.--
            ``(1) In general.--Each air carrier and foreign air carrier 
        shall designate an agent on whom service of notice and process 
        in a proceeding before, and an action of, the Under Secretary 
        for Border and Transportation Security may be made.
            ``(2) Procedural requirements.--The designation--
                    ``(A) shall be in writing and filed with the Under 
                Secretary; and
                    ``(B) may be changed in the same way as originally 
                made.
    ``(b) Service.--
            ``(1) In general.--Service may be made--
                    ``(A) by personal service;
                    ``(B) on a designated agent; or
                    ``(C) by certified or registered mail to the person 
                to be served or the designated agent of the person.
            ``(2) Date of service.--The date of service made by 
        certified or registered mail is the date of mailing.
    ``(c) Serving Agents.--Service on an agent designated under this 
section shall be made at the office or usual place of residence of the 
agent. If an air carrier or foreign air carrier does not have a 
designated agent, service may be made by posting the notice, process, 
or action in the office of the Under Secretary.
``Sec. 1704. Evidence
    ``(a) General.--In conducting a hearing or investigation under this 
chapter, the Under Secretary for Border and Transportation Security 
may--
            ``(1) subpoena witnesses and records related to a matter 
        involved in the hearing or investigation from any place in the 
        United States to the designated place of the hearing or 
        investigation;
            ``(2) administer oaths;
            ``(3) examine witnesses; and
            ``(4) receive evidence at a place in the United States the 
        Under Secretary designates.
    ``(b) Compliance With Subpoenas.--If a person disobeys a subpoena, 
the Under Secretary, or a party to a proceeding before the Under 
Secretary may petition a court of the United States to enforce the 
subpoena. A judicial proceeding to enforce a subpoena under this 
section may be brought in the jurisdiction in which the proceeding or 
investigation is conducted. The court may punish a failure to obey an 
order of the court to comply with the subpoena as a contempt of court.
    ``(c) Depositions.--
            ``(1) Order.--In a proceeding or investigation, the Under 
        Secretary may order a person to give testimony by deposition 
        and to produce records. If a person fails to be deposed or to 
        produce records, the order may be enforced in the same way a 
        subpoena may be enforced under subsection (b).
            ``(2) Person taking.--A deposition may be taken before an 
        individual designated by the Under Secretary and having the 
        power to administer oaths.
            ``(3) Notice.--Before taking a deposition, the party or the 
        attorney of the party proposing to take the deposition must 
        give reasonable notice in writing to the opposing party or the 
        attorney of record of that party. The notice shall state the 
        name of the witness and the time and place of taking the 
        deposition.
            ``(4) Under oath; transcript.--The testimony of a person 
        deposed under this subsection shall be under oath. The person 
        taking the deposition shall prepare, or cause to be prepared, a 
        transcript of the testimony taken. The transcript shall be 
        subscribed by the deponent. Each deposition shall be filed 
        promptly with the Under Secretary.
            ``(5) Special rules for foreign countries.--If the laws of 
        a foreign country allow, the testimony of a witness in that 
        country may be taken by deposition--
                    ``(A) by a consular officer or an individual 
                commissioned by the Under Secretary or agreed on by the 
                parties by written stipulation filed with the Under 
                Secretary; or
                    ``(B) under letters rogatory issued by a court of 
                competent jurisdiction at the request of the Under 
                Secretary.
    ``(d) Witness Fees and Mileage and Certain Foreign Country 
Expenses.--A witness summoned before the Under Secretary or whose 
deposition is taken under this section and the individual taking the 
deposition are each entitled to the same fee and mileage that the 
witness and individual would have been paid for those services in a 
court of the United States. Under regulations of the Under Secretary, 
the Under Secretary shall pay the necessary expenses incident to 
executing, in another country, a commission or letter rogatory issued 
at the initiative of the Under Secretary.
    ``(e) Designating Employees To Conduct Hearings.--When designated 
by the Under Secretary, an employee appointed under section 3105 of 
title 5 may conduct a hearing, subpoena witnesses, administer oaths, 
examine witnesses, and receive evidence at a place in the United States 
the Under Secretary designates. On request of a party, the Under 
Secretary shall hear or receive argument.
``Sec. 1705. Regulations and orders
    ``(a) Effectiveness of Orders.--Except as provided in this part, a 
regulation prescribed or order issued by the Under Secretary for Border 
and Transportation Security with respect to security duties and powers 
designated to be carried out by the Under Secretary takes effect within 
a reasonable time prescribed by the Under Secretary. The regulation or 
order remains in effect under its own terms or until superseded. Except 
as provided in this part, the Under Secretary may amend, modify, or 
suspend an order in the way, and by giving the notice, the Under 
Secretary decides.
    ``(b) Contents and Service of Orders.--An order of the Under 
Secretary shall include the findings of fact on which the order is 
based and shall be served on the parties to the proceeding and the 
persons affected by the order.
``Sec. 1706. Certificate actions in response to a security threat
    ``(a) Orders.--The Administrator of Federal Aviation Administration 
shall issue an order amending, modifying, suspending, or revoking any 
part of a certificate issued under this title if the Administrator is 
notified by the Under Secretary for Border and Transportation Security 
that the holder of the certificate poses, or is suspected of posing, a 
risk of air piracy or terrorism or a threat to airline or passenger 
safety. If requested by the Under Secretary, the order shall be 
effective immediately.
    ``(b) Hearings for Citizens.--An individual who is a citizen of the 
United States who is adversely affected by an order of the 
Administrator under subsection (a) is entitled to a hearing on the 
record.
    ``(c) Hearings.--When conducting a hearing under this section, the 
administrative law judge shall not be bound by findings of fact or 
interpretations of laws and regulations of the Administrator or the 
Under Secretary.
    ``(d) Appeals.--An appeal from a decision of an administrative law 
judge as the result of a hearing under subsection (b) shall be made to 
the Transportation Security Oversight Board established by section 
1312. The Board shall establish a panel to review the decision. The 
members of this panel (1) shall not be employees of the Transportation 
Security Administration, (2) shall have the level of security clearance 
needed to review the determination made under this section, and (3) 
shall be given access to all relevant documents that support that 
determination. The panel may affirm, modify, or reverse the decision.
    ``(e) Judicial Review.--A person substantially affected by an 
action of a panel under subsection (d), or the Under Secretary when the 
Under Secretary decides that the action of the panel under this section 
will have a significant adverse impact on carrying out this part, may 
obtain judicial review of the order under section 1710. The Under 
Secretary and the Administrator shall be made a party to the judicial 
review proceedings. Findings of fact of the panel are conclusive if 
supported by substantial evidence.
    ``(f) Explanation of Decisions.--An individual who commences an 
appeal under this section shall receive a written explanation of the 
basis for the determination or decision and all relevant documents that 
support that determination to the maximum extent that the national 
security interests of the United States and other applicable laws 
permit.
    ``(g) Classified Evidence.--
            ``(1) In general.--The Under Secretary, in consultation 
        with the Administrator, shall issue regulations to establish 
        procedures by which the Under Secretary, as part of a hearing 
        conducting under this section, may substitute an unclassified 
        summary of classified evidence upon the approval of the 
        administrative law judge.
            ``(2) Approval and disapproval of summaries.--Under the 
        procedures, an administrative law judge shall--
                    ``(A) approve a summary if the judge finds that it 
                is sufficient to enable the certificate holder to 
                appeal an order issued under subsection (a); or
                    ``(B) disapprove a summary if the judge finds that 
                it is not sufficient to enable the certificate holder 
                to appeal such an order.
            ``(3) Modifications.--If an administrative law judge 
        disapproves a summary under paragraph (2)(B), the judge shall 
        direct the Under Secretary to modify the summary and resubmit 
        the summary for approval.
            ``(4) Insufficient modifications.--If an administrative law 
        judge is unable to approve a modified summary, the order issued 
        under subsection (a) that is the subject of the hearing shall 
        be set aside unless the judge finds that such a result--
                    ``(A) would likely cause serious and irreparable 
                harm to the national security; or
                    ``(B) would likely cause death or serious bodily 
                injury to any person.
            ``(5) Special procedures.--If an administrative law judge 
        makes a finding under subparagraph (A) or (B) of paragraph (4), 
        the hearing shall proceed without an unclassified summary 
        provided to the certificate holder. In such a case, subject to 
        procedures established by regulation by the Under Secretary in 
        consultation with the Administrator, the administrative law 
        judge shall appoint a special attorney to assist the accused 
        by--
                    ``(A) reviewing in camera the classified evidence; 
                and
                    ``(B) challenging, through an in camera proceeding, 
                the veracity of the evidence contained in the 
                classified information.''.
``Sec. 1707. Enforcement by Transportation Security Administration
    ``The Under Secretary for Border and Transportation Security may 
bring a civil action against a person in a district court of the United 
States to enforce this part or a requirement or regulation prescribed, 
or an order or any term of a certificate or permit issued, under this 
part. The action may be brought in the judicial district in which the 
person does business or the violation occurred.
``Sec. 1708. Enforcement by Attorney General
    ``(a) Civil Actions To Enforce This Part.--
            ``(1) In general.--On request of the Under Secretary for 
        Border and Transportation Security, the Attorney General may 
        bring a civil action in an appropriate court--
                    ``(A) to enforce this part or a requirement or 
                regulation prescribed, or an order or any term of a 
                certificate or permit issued, under this part; and
                    ``(B) to prosecute a person violating this part or 
                a requirement or regulation prescribed, or an order or 
                any term of a certificate or permit issued, under this 
                part.
            ``(2) Payment of costs and expenses.--The costs and 
        expenses of a civil action shall be paid out of the 
        appropriations for the expenses of the courts of the United 
        States.
    ``(c) Participation of Secretary, Under Secretary, or 
Administrator.--On request of the Attorney General, the Secretary of 
Homeland Security, the Under Secretary, the Administrator of the 
Transportation Security Administration, or the Administrator of the 
Federal Aviation Administration may participate in a civil action under 
this part.
``Sec. 1709. Joinder and intervention
    ``A person interested in or affected by a matter under 
consideration in a proceeding before the Under Secretary for Border and 
Transportation Security or civil action to enforce this part or a 
requirement or regulation prescribed, or an order or any term of a 
certificate or permit issued, under this part may be joined as a party 
or permitted to intervene in the proceeding or civil action.
``Sec. 1710. Judicial review
    ``(a) Filing and Venue.--A person disclosing a substantial interest 
in an order issued by the Under Secretary for Border and Transportation 
Security with respect to security duties and powers designated to be 
carried out by the Under Secretary under this part may apply for review 
of the order by filing a petition for review in the United States Court 
of Appeals for the District of Columbia Circuit or in the court of 
appeals of the United States for the circuit in which the person 
resides or has its principal place of business. The petition must be 
filed not later than 60 days after the order is issued. The court may 
allow the petition to be filed after the 60th day only if there are 
reasonable grounds for not filing by the 60th day.
    ``(b) Judicial Procedures.--When a petition is filed under 
subsection (a), the clerk of the court immediately shall send a copy of 
the petition to the Under Secretary. The Under Secretary shall file 
with the court a record of any proceeding in which the order was 
issued, as provided in section 2112 of title 28.
    ``(c) Authority of Court.--When the petition is sent to the Under 
Secretary, the court has exclusive jurisdiction to affirm, amend, 
modify, or set aside any part of the order and may order the Under 
Secretary to conduct further proceedings. After reasonable notice to 
the Under Secretary, the court may grant interim relief by staying the 
order or taking other appropriate action when good cause for its action 
exists. Findings of fact by the Under Secretary, if supported by 
substantial evidence, are conclusive.
    ``(d) Requirement for Prior Objection.--In reviewing an order under 
this section, the court may consider an objection to an order of the 
Secretary of Homeland Security, the Under Secretary, or the 
Administrator of the Transportation Security Administration only if the 
objection was made in the proceeding conducted by the Secretary, the 
Under Secretary, or the Administrator or if there was a reasonable 
ground for not making the objection in the proceeding.
    ``(e) Supreme Court Review.--A decision by a court under this 
section may be reviewed only by the Supreme Court under section 1254 of 
title 28.

                        ``CHAPTER 19--PENALTIES

``Sec.
``1901. Civil penalties.
``1902. Carrying a weapon.
``1903. Liens on aircraft.
``1904. Actions to recover civil penalties.
``1905. Unlawful disclosure of information.
``1906. Refusing to appear or produce records.
``1907. Entering aircraft or airport area in violation of security 
                            requirements.
``1908. General criminal penalty when specific penalty not provided.
``Sec. 1901. Civil penalties
    ``(a) General Penalty.--
            ``(1) Violations of chapter 15.--A person is liable to the 
        United States Government for a civil penalty of not more than 
        $10,000 for violating--
                    ``(A) chapter 15 (except sections 1502, 1503(d), 
                1504, 1507(a)-(d)(1)(A) and (d)(1)(C)-(f), and 1508) or 
                another requirement under this part administered by the 
                Under Secretary for Border and Transportation Security;
                    ``(B) a regulation prescribed or order issued under 
                any provision to which subparagraph (A) applies.
            ``(2) Violations by pilots.--A person operating an aircraft 
        for the transportation of passengers or property for 
        compensation (except an airman serving as an airman) is liable 
        to the Government for a civil penalty of not more than $25,000 
        for violating--
                    ``(A) chapter 15 (except sections 1502, 1503(d), 
                1504, and 1507-1509) or another requirement under this 
                title administered by the Under Secretary; or
                    ``(B) a regulation prescribed or order issued under 
                any provision to which subparagraph (A) applies.
            ``(3) Occurrence of separate violation.--A separate 
        violation occurs under this subsection for each day the 
        violation continues or, if applicable, for each flight 
        involving the violation.
    ``(b) Administrative Imposition of Penalties.--
            ``(1) In general.--The Under Secretary for Border and 
        Transportation Security may impose a civil penalty for a 
        violation of chapter 15 (except sections 1502, 1503(d), 
        1507(a)-(d)(1)(A), 1507(d)(1)(C)-(f), 1508, and 1509) or a 
        regulation prescribed or order issued under this part. The 
        Under Secretary shall give written notice of the finding of a 
        violation and the penalty.
            ``(2) Limitation on review.--In a civil action to collect a 
        civil penalty imposed by the Under Secretary under this 
        subsection, the issues of liability and the amount of the 
        penalty may not be reexamined.
            ``(3) Exclusion jurisdiction of district court.--
        Notwithstanding paragraph (1), the district courts of the 
        United States have exclusive jurisdiction of a civil action 
        involving a penalty the Under Secretary initiates if--
                    ``(A) the amount in controversy is more than 
                $50,000;
                    ``(B) the action is in rem or another action in rem 
                based on the same violation has been brought;
                    ``(C) the action involves an aircraft subject to a 
                lien that has been seized by the Government; or
                    ``(D) another action has been brought for an 
                injunction based on the same violation.
            ``(4) Maximum amount.--The maximum civil penalty the Under 
        Secretary may impose under this subsection is $50,000.
            ``(5) Procedural rules for pilots, flight engineers, 
        mechanics, and repairmen.--
                    ``(A) Notice of changes and reasons.--The Under 
                Secretary may issue an order imposing a penalty under 
                this subsection against an individual acting as a 
                pilot, flight engineer, mechanic, or repairman only 
                after advising the individual of the charges or any 
                reason the Under Secretary relied on for the proposed 
                penalty and providing the individual an opportunity to 
                answer the charges and be heard about why the order 
                shall not be issued.
                    ``(B) Appeal to ntsb.--An individual acting as a 
                pilot, flight engineer, mechanic, or repairman may 
                appeal an order imposing a penalty under this 
                subsection to the National Transportation Safety Board. 
                After notice and an opportunity for a hearing on the 
                record, the Board shall affirm, modify, or reverse the 
                order. The Board may modify a civil penalty imposed to 
                a suspension or revocation of a certificate.
                    ``(C) Hearings of ntsb.--When conducting a hearing 
                under this paragraph, the Board is not bound by 
                findings of fact of the Under Secretary but is bound by 
                all validly adopted interpretations of laws and 
                regulations the Under Secretary carries out and of 
                written agency policy guidance available to the public 
                related to sanctions to be imposed under this section 
                unless the Board finds an interpretation is arbitrary, 
                capricious, or otherwise not according to law.
                    ``(D) Stay of order pending appeal.--When an 
                individual files an appeal with the Board under this 
                paragraph, the order of the Under Secretary is stayed.
            ``(6) Judicial review.--An individual substantially 
        affected by an order of the Board under paragraph (5), or the 
        Under Secretary when the Under Secretary decides that an order 
        of the Board under paragraph (5) will have a significant 
        adverse impact on carrying out this part, may obtain judicial 
        review of the order under section. The Under Secretary shall be 
        made a party to the judicial review proceedings. Findings of 
        fact of the Board are conclusive if supported by substantial 
        evidence.
            ``(7) Procedural rules for others.--
                    ``(A) Notice of opportunity for hearing.--The Under 
                Secretary may impose a penalty on a person (except an 
                individual acting as a pilot, flight engineer, 
                mechanic, or repairman) only after notice and an 
                opportunity for a hearing on the record.
                    ``(B) Standards of review.--In an appeal from a 
                decision of an administrative law judge as the result 
                of a hearing under subparagraph (A), the Under 
                Secretary shall consider only whether--
                            ``(i) each finding of fact is supported by 
                        a preponderance of reliable, probative, and 
                        substantial evidence;
                            ``(ii) each conclusion of law is made 
                        according to applicable law, precedent, and 
                        public policy; and
                            ``(iii) the judge committed a prejudicial 
                        error that supports the appeal.
                    ``(C) Deadline for initiation of civil action.--
                Except for good cause, a civil action involving a 
                penalty under this paragraph may not be initiated later 
                than 2 years after the violation occurs.
    ``(c) Compromise and Setoff.--
            ``(1) Compromise.--The Under Secretary may compromise the 
        amount of a civil penalty imposed for violating--
                    ``(A) chapter 15 (except sections 1502, 1503(d), 
                1504, and 1507-1509) or another requirement under this 
                title administered by the Under Secretary; or
                    ``(B) a regulation prescribed or order issued under 
                any provision to which subparagraph (A) applies.
            ``(2) Setoff.--The Government may deduct the amount of a 
        civil penalty imposed or compromised under this subsection from 
        amounts it owes the person liable for the penalty.
    ``(d) Judicial Review.--An order of the Under Secretary imposing a 
civil penalty may be reviewed judicially only under section 1710.
    ``(e) Nonapplication to Military Personnel.--
            ``(1) In general.--This section does not apply to the 
        following when performing official duties:
                    ``(A) A member of the armed forces of the United 
                States.
                    ``(B) A civilian employee of the Department of 
                Defense subject to the Uniform Code of Military 
                Justice.
            ``(2) Responsibility of military authority.--The 
        appropriate military authority is responsible for taking 
        necessary disciplinary action and submitting to the Under 
        Secretary.
``Sec. 1902. Carrying a weapon
    ``(a) Civil Penalty.--An individual who, when on, or attempting to 
board, an aircraft in, or intended for operation in, air transportation 
or intrastate air transportation, has on or about the individual or the 
property of the individual a concealed dangerous weapon that is or 
would be accessible to the individual in flight is liable to the United 
States Government for a civil penalty of not more than $10,000 for each 
violation.
    ``(b) Compromise and Setoff.--
            ``(1) Compromise.--The Under Secretary may compromise the 
        amount of a civil penalty imposed under subsection (a).
            ``(2) Setoff.--The Government may deduct the amount of a 
        civil penalty imposed or compromised under this section from 
        amounts it owes the individual liable for the penalty.
    ``(c) Nonapplication.--This section does not apply to--
            ``(1) a law enforcement officer of a State or political 
        subdivision of a State, or an officer or employee of the 
        Government, authorized to carry arms in an official capacity; 
        or
            ``(2) another individual the Secretary of Homeland 
        Security, the Under Secretary, or the Administrator of the 
        Federal Aviation Administration by regulation authorizes to 
        carry arms in an official capacity.
``Sec. 1903. Liens on aircraft
    ``(a) Aircraft Subject to Liens.--When an aircraft is involved in a 
violation referred to in section 1901(a)(1) or (2) and the violation is 
by the owner of, or individual commanding, the aircraft, the aircraft 
is subject to a lien for the civil penalty.
    ``(b) Seizure.--An aircraft subject to a lien under this section 
may be seized summarily and placed in the custody of a person 
authorized to take custody of it under regulations of the Under 
Secretary for Border and Transportation Security. A report on the 
seizure shall be submitted to the Attorney General. The Attorney 
General promptly shall bring a civil action in rem to enforce the lien 
or notify the Under Secretary that the action will not be brought.
    ``(c) Release.--An aircraft seized under subsection (b) shall be 
released from custody when--
            ``(1) the civil penalty is paid;
            ``(2) a compromise amount agreed on is paid;
            ``(3) the aircraft is seized under a civil action in rem to 
        enforce the lien;
            ``(4) the Attorney General gives notice that a civil action 
        will not be brought under subsection (b); or
            ``(5) a bond (in an amount and with a surety the Under 
        Secretary prescribes), conditioned on payment of the penalty or 
        compromise, is deposited with the Under Secretary.
``Sec. 1904. Actions to recover civil penalties
    ``A civil penalty under this chapter may be collected by bringing a 
civil action against the person subject to the penalty, a civil action 
in rem against an aircraft subject to a lien for a penalty, or both. 
The action shall conform as nearly as practicable to a civil action in 
admiralty, regardless of the place an aircraft in a civil action in rem 
is seized. However, a party may demand a jury trial of an issue of fact 
in an action involving a civil penalty under this chapter if the value 
of the matter in controversy is more than $20. Issues of fact tried by 
a jury may be reexamined only under common law rules.
``Sec. 1905. Unlawful disclosure of information
    ``(a) Criminal Penalty.--The Under Secretary for Border and 
Transportation Security or an officer or employee of the Under 
Secretary shall be fined under title 18, imprisoned for not more than 2 
years, or both, if the Under Secretary, officer, or employee knowingly 
and willfully discloses information that--
            ``(1) the Under Secretary, officer, or employee acquires 
        when inspecting the records of an air carrier; or
            ``(2) is withheld from public disclosure under section 
        40115.
    ``(b) Nonapplication.--Subsection (a) does not apply if--
            ``(1) the officer or employee is directed by the Under 
        Secretary to disclose information that the Under Secretary had 
        ordered withheld; or
            ``(2) the Under Secretary, officer, or employee is directed 
        by a court of competent jurisdiction to disclose the 
        information.
    ``(c) Withholding Information From Congress.--This section does not 
authorize the Under Secretary to withhold information from a committee 
of Congress authorized to have the information.
``Sec. 1906. Refusing to appear or produce records
    ``A person not obeying a subpoena or requirement of the Under 
Secretary for Border and Transportation Security to appear and testify 
or produce records shall be fined under title 18, imprisoned for not 
more than one year, or both.
``Sec. 1907. Entering aircraft or airport area in violation of security 
              requirements
    ``(a) Prohibition.--A person may not knowingly and willfully enter, 
in violation of security requirements prescribed under section 1501, 
1503(b) or (c), or 1506, an aircraft or an airport area that serves an 
air carrier or foreign air carrier.
    ``(b) Criminal Penalty.--
            ``(1) In general.--A person violating subsection (a) shall 
        be fined under title 18, imprisoned for not more than one year, 
        or both.
            ``(2) Special rule for intent to commit felony.--A person 
        violating subsection (a) with intent to commit, in the aircraft 
        or airport area, a felony under a law of the United States or a 
        State shall be fined under title 18, imprisoned for not more 
        than 10 years, or both.
``Sec. 1908. General criminal penalty when specific penalty not 
              provided
    ``(a) Criminal Penalty.--Except as provided by subsection (b), when 
another criminal penalty is not provided under this chapter, a person 
that knowingly and willfully violates this part, a regulation 
prescribed or order issued by the Under Secretary for Border and 
Transportation Security under this part, or any term of a certificate 
or permit issued under this part, shall be fined under title 18. A 
separate violation occurs for each day the violation continues.
    ``(b) Nonapplication.--Subsection (a) does not apply to chapter 15 
(except sections 1502, 1503(d), 1504, and 1507-1509).

                ``CHAPTER 21--AVIATION SECURITY FUNDING

``Sec.
``2101.  Aviation security funding.
``Sec. 2101. Aviation security funding
    ``(a) In General.--There are authorized to be appropriated for 
fiscal years 2002, 2003, 2004, and 2005 such sums as may be necessary 
to carry out this part and related aviation security activities under 
this title. Any amounts appropriated pursuant to this section for 
fiscal year 2002 shall remain available until expended.
    ``(b) Grants for Aircraft Security.--There is authorized to be 
appropriated $500,000,000 to make grants to or other agreements with 
air carriers (including intrastate air carriers) to--
            ``(1) fortify cockpit doors to deny access from the cabin 
        to the pilots in the cockpit;
            ``(2) provide for the use of video monitors or other 
        devices to alert the cockpit crew to activity in the passenger 
        cabin;
            ``(3) ensure continuous operation of the aircraft 
        transponder in the event the crew faces an emergency; and
            ``(4) provide for the use of other innovative technologies 
        to enhance aircraft security.''.
    (b) Training To Operate Certain Aircraft.--Notwithstanding 
subsection (f), section 44939 of title 49, United States Code, shall 
remain in effect through the 60th day following the date of enactment 
of this Act. Section 1539, as added by section 3 of this Act, shall not 
take effect until the day following such 60 day.
    (c) Position of Administrator in Executive Schedule.--
            (1) In general.--Section 5313 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Administrator of the Transportation Security 
        Administration of the Department of Homeland Security.''.
            (2) Conforming amendment to title 5.--Section 5313 of title 
        5, United States Code, is amended by striking ``The Under 
        Secretary of Transportation for Security''.
    (d) Change of Certain Notice to Airmen.--The Federal Aviation 
Administration's Flight Data Center Notice to Airmen 3/1862 shall have 
no effect, and the Administrator of the Federal Aviation Administration 
shall replace such notice with a new notice to airmen to reflect 
section 1524 of title 49, United States Code.
    (e) Security Service Fee.--Title 49 is amended--
            (1) in section 44940(a)(1)--
                    (A) by striking ``of Transportation for Security'' 
                and inserting ``for Border and Transportation Security 
                of the Department of Homeland Security'';
                    (B) in subparagraph (A) by striking ``44901'' and 
                inserting ``1501'';
                    (C) in subparagraph (F) by striking ``44903'' and 
                inserting ``1503'';
                    (D) in subparagraph (G) by striking ``44903(h)'' 
                and inserting ``1503(h)'';
                    (E) by inserting after subparagraph (G) the 
                following:
                    ``(H) The costs of training pilots and flight 
                attendants under sections 1518 and 1521.
                    ``(I) The costs of airport security improvement 
                projects under section 1525.''; and
                    (F) by striking ``44922'' and inserting ``1522'';
            (2) in section 44940(d)(4) by inserting after ``imposed'' 
        the following: ``, including the cost of fulfilling letters of 
        intent issued under section 1525,'';
            (3) in section 44940(h) by striking ``44901'' and inserting 
        ``1501'';
            (4) by redesignating section 44940 (as so amended) as 
        section 1540;
            (5) by moving such redesignated section from subtitle VII 
        to subtitle II; and
            (6) by inserting such redesignated section after section 
        1539 (as inserted by subsection (a) of this section).
    (f) Repeal of Restated Provisions.--The following provisions are 
repealed:
            (1) Section 114 and the item relating to such section in 
        the analysis for chapter 1.
            (2) Section 115 and the item relating to such section in 
        the analysis for chapter 1.
            (3) Chapter 449.
            (4) Chapter 483 and the item relating to such chapter in 
        the analysis for subtitle VII.
            (5) Sections 101(c)(2) and 111(d) of the Aviation and 
        Transportation Security Act (5 U.S.C. 5313 note, 49 U.S.C. 
        44935 note).
            (6) Sections 352 and 367 of the Transportation and Related 
        Agencies Appropriations Act, 2003 (Public Law 108-7, div. I; 
        117 Stat. 410, 423).
            (7) Sections 302 and 310 of the Federal Aviation 
        Reauthorization Act of 1996 (49 U.S.C. 44935 note and 44904 
        note; 110 Stat. 3250, 3253).
    (g) Technical Amendment.--Section 132(a) of the Aviation and 
Transportation Security Act (49 U.S.C. 44903; 115 Stat. 635-636) is 
amended by striking ``12,500 pounds or more'' and inserting ``more than 
12,500 pounds''.

SEC. 102. AMENDMENTS TO CHAPTER 1.

    Section 106(g) is amended--
            (1) by striking ``(1) Except as provided in paragraph (2) 
        of this subsection, the Administrator'' and inserting ``The 
        Administrator'';
            (2) by striking paragraph (2);
            (3) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively; and
            (4) in paragraph (1) (as so redesignated)--
                    (A) by striking ``chapter 449 (except sections 
                44903(d), 44904, 44905, 44907-44911, 44913, 44915, and 
                44931-44934),''; and
                    (B) by striking ``and 46313-46316,'' and inserting 
                ``46313, 46315, and 46316,''.

SEC. 103. AMENDMENT TO CHAPTER 3.

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

SEC. 104. AMENDMENT TO CHAPTER 337.

    Section 337, and the item relating to such section in the analysis 
for chapter 3, are repealed.

SEC. 105. AMENDMENTS TO CHAPTER 401.

    (a) Limitation on Restrictions on Use of Airspace for Security 
Reasons.--Section 40103 is amended by adding at the end the following:
    ``(f) Limitation on Restrictions on Use of Airspace for Security 
Reasons.--The Administrator shall not impose any restriction on the use 
of airspace for security reasons unless the restriction is approved by 
the Under Secretary for Border and Transportation Security.''.
    (b) Emergency Powers.--Section 40106 is amended by adding at the 
end the following:
    ``(c) Suspensions.--Notwithstanding section 40105(b) and subsection 
(b) of this section, the Secretary of Transportation, with the approval 
of the Secretary of State and without notice or a hearing, shall 
suspend the right of an air carrier or foreign air carrier to provide 
foreign air transportation, and the right of a person to operate 
aircraft in foreign air commerce, to or from a foreign airport when the 
Secretary of Transportation decides that--
            ``(1) a condition exists that threatens the safety of 
        passengers, aircraft, or crew traveling to or from that 
        airport; and
            ``(2) the public interest requires an immediate suspension 
        of transportation between the United States and that 
        airport.''.
    (c) Authority To Exempt.--
            (1) Safety regulation.--Section 40109(b) is amended to read 
        as follows:
    ``(b) Safety Regulation.--The Administrator of the Federal Aviation 
Administration may grant an exemption from a regulation prescribed by 
the Administrator in carrying out sections 40103(b)(1), 40103(b)(2), 
and 40119 if the Administrator decides the exemption is in the public 
interest.''.
            (2) Economic regulation.--Section 40109(c) is amended by 
        striking ``sections 44909 and 46301(b)'' and inserting 
        ``section 46301(b)''.
    (d) FAA Acquisition Management System.--Section 40110(d) is amended 
by inserting after paragraph (4) the following:
            ``(5) Appeals.--Any appeal of a decision made under the 
        acquisition system developed under this subsection shall be 
        conducted in accordance with section 46110.''.
    (e) Administrative.--Section 40113 is amended--
            (1) in subsection (a)--
                    (A) by striking ``the Under Secretary of 
                Transportation for Security with respect to security 
                duties and powers designated to be carried out by the 
                Under Secretary or''; and
                    (B) by striking ``, Under Secretary,''; and
            (2) in subsection (d)--
                    (A) by striking ``Under Secretary of Transportation 
                for Security or the'';
                    (B) by striking ``Transportation Security 
                Administration'';
                    (C) by striking ``, as the case may be,'' each 
                place it appears; and
                    (D) by striking ``Under Secretary or''.
    (f) Security and Research and Development Activities.--Section 
40119(a) is amended by striking ``of Transportation for Security'' and 
inserting ``for Border and Transportation Security of the Department of 
Homeland Security''.

SEC. 106. AMENDMENTS TO CHAPTER 411.

    (a) In General.--Chapter 411 is amended by adding at the end the 
following:
``Sec. 41114. Passenger manifests
    ``(a) Air Carrier Requirements.--
            ``(1) In general.--The Secretary of Transportation shall 
        require each air carrier to provide a passenger manifest for a 
        flight to an appropriate representative of the Secretary of 
        State--
                    ``(A) not later than one hour after that carrier is 
                notified of an aviation disaster outside the United 
                States involving that flight; or
                    ``(B) if it is not technologically feasible or 
                reasonable to comply with subparagraph (A), then as 
                expeditiously as possible, but not later than 3 hours 
                after the carrier is so notified.
            ``(2) Contents of passenger manifest.--The passenger 
        manifest should include the following information:
                    ``(A) The full name of each passenger.
                    ``(B) The passport number of each passenger, if 
                required for travel.
                    ``(C) The name and telephone number of a contact 
                for each passenger.
            ``(3) Consideration.--In carrying out this subsection, the 
        Secretary of Transportation shall consider the necessity and 
        feasibility of requiring air carriers to collect passenger 
        manifest information as a condition for passengers boarding a 
        flight of the carrier.
    ``(b) Foreign Air Carrier Requirements.--The Secretary of 
Transportation shall consider imposing a requirement on foreign air 
carriers comparable to that imposed on air carriers under paragraphs 
(1) and (2) of subsection (a).''.
    (b) Conforming Amendment.--The analysis for chapter 411 is amended 
by adding at the end the following:

``Sec. 41114. Passenger manifests.''.

SEC. 107. AMENDMENT TO CHAPTER 443.

    The heading to subsection (a) of section 44303 of title 49, United 
States Code, is amended by striking ``general'' and inserting 
``General''.

SEC. 108. AMENDMENTS TO CHAPTER 445.

    Section 44501(c)(2)(B)(i) and subsections (a)(1)(A), (a)(2), and 
(e)(1) of section 44508 are each amended by striking ``, 44511-44513, 
and 44912'' and inserting ``, and 44511-44513''.

SEC. 109. AMENDMENTS TO CHAPTER 461.

    Chapter 461 is amended--
            (1) in each of sections 46101(a)(1), 46102(a), 46103(a), 
        46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking 
        ``the Under Secretary of Transportation for Security with 
        respect to security duties and powers designated to be carried 
        out by the Under Secretary or'';
            (2) by striking ``, Under Secretary,'' each place it 
        appears; and
            (3) in each of sections 46102(d) and 46104(b) by striking 
        ``the Under Secretary,''.

SEC. 110. AMENDMENTS TO CHAPTER 463.

    Chapter 463 is amended--
            (1) in section 46301(a)(1)(A) by striking ``chapter 449 
        (except sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and 
        (d)(1)(C)-(f), and 44908,)'';
            (2) in section 46301(a)(2)(A)--
                    (A) by inserting ``or'' after ``or (c),''; and
                    (B) by striking ``, or chapter 449 (except sections 
                44902, 44903(d), 44904, and 44907-44909)'';
            (3) in section 46301(a)(4) by striking ``41715'' each place 
        it appears and inserting ``41719'';
            (4) by striking section 46301(a)(8);
            (5) in section 46301(c)(1)(A)--
                    (A) by inserting ``or'' after ``419,''; and
                    (B) by striking ``, or section 44909'' and 
                inserting ``, or section 41114'';
            (6) in section 46301(d)--
                    (A) by striking the second sentence of paragraph 
                (2);
                    (B) by striking ``Under Secretary or'' each place 
                it appears in paragraphs (2), (3), and (4); and
                    (C) by striking ``Under Secretary, Administrator,'' 
                in paragraph (8) and inserting ``Administrator'';
            (7) in section 46301(f)(1)(A)(i) by striking ``, chapter 
        449 (except sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) 
        and (d)(1)(C)-(f), 44908, and 44909)'';
            (8) in each of sections 46301(h)(2), 46313, and 46316(a) by 
        striking ``the Under Secretary of Transportation for Security 
        with respect to security duties and powers designated to be 
        carried out by the Under Secretary or'' and inserting ``or the 
        Under Secretary for Border and Transportation Security of the 
        Department of Homeland Security'';
            (9) in section 46303(c)(2) by striking ``or the Under 
        Secretary of Transportation for Security'' and inserting ``or 
        the Under Secretary for Border and Transportation Security of 
        the Department of Homeland Security'';
            (10) in section 46311(a)--
                    (A) by striking ``the Under Secretary of 
                Transportation for Security with respect to security 
                duties and powers designated to be carried out by the 
                Under Secretary,'';
                    (B) by striking ``, Under Secretary,'' the first 
                place it appears; and
                    (C) by striking ``, Under Secretary,'' the second 
                and third places it appears and inserting a comma;
            (11) in each of subsections (b)(1) and (c) of section 46311 
        by striking ``, Under Secretary,'' each place it appears;
            (12) in section 46311(b)(2) by striking ``Under 
        Secretary,'';
            (13) by striking section 46314 and the item relating to 
        such section in the analysis for such chapter; and
            (14) in section 46316(b)--
                    (A) by inserting ``and'' after ``445,''; and
                    (B) by striking ``, and chapter 449 (except 
                sections 44902, 44903(d), 44904, and 44907-44909)''.

SEC. 111. AMENDMENTS TO CHAPTER 465.

    (a) Chapter Analysis.--The analysis for chapter 465 is amended--
            (1) by striking ``46503. Repealed.''; and
            (2) in the item relating to section 46503 by striking 
        ``screening''.
    (b) Interference With Security Personnel.--Section 46503 is 
amended--
            (1) in the section heading by striking ``screening''; and
            (2) in the first sentence by striking ``or air carrier 
        employee'' and inserting ``air carrier, or contract employee''.
    (c) Carrying a Weapon or Explosive on an Aircraft.--Section 
46505(d)(2) is amended by striking ``of Transportation for'' and 
inserting ``for Border and Transportation''.

SEC. 112. AMENDMENTS TO CHAPTER 471.

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

SEC. 113. AMENDMENT TO CHAPTER 481.

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

SEC. 114. AMENDMENTS TO AVIATION AND TRANSPORTATION SECURITY ACT.

    (a) Perimeter Security for Small and Medium Airports.--Section 
106(b) of the Aviation and Transportation Security Act (49 U.S.C. 44903 
note; 115 Stat. 609) is amended--
            (1) in paragraph (1) by striking ``of Transportation for 
        Security'' and inserting ``Border and Transportation Security 
        of the Department of Homeland Security'';
            (2) in paragraph (2)(A) by striking ``described in 
        paragraph (1)''; and
            (3) in paragraph (2)(B) by striking ``Secretary'' and 
        inserting ``Under Secretary''.
    (b) Trusted Passenger Programs.--Section 109(a)(3) of the Aviation 
and Transportation Security Act (49 U.S.C. 114 note; 115 Stat. 613) is 
amended by inserting ``(and their property)'' after ``passengers'' each 
place it appears.
    (c) Expedited Processing of Security-Related PFC Requests.--Section 
119(c) of the Aviation and Transportation Security Act (115 Stat. 629) 
is amended by striking ``47192(3)(J)'' and inserting ``47102(3)(J)''.
    (d) General Aviation and Air Charters.--Section 132(a) of the 
Aviation and Transportation Security Act (49 U.S.C. 44903 note; 115 
Stat. 635) is amended by striking ``12,500 pounds or more'' and 
inserting ``more than 12,500 pounds''.
    (e) Location of Amendments.--Effective November 19, 2001--
            (1) section 123(a) of the Aviation and Transportation 
        Security Act (115 Stat. 630) is amended by inserting ``of title 
        49, United States Code,'' after ``Section 47106(f)'';
            (2) section 124(b) of such Act (115 Stat. 631) is amended 
        by inserting ``of title 49, United States Code,'' after 
        ``Section 44306(c)''; and
            (3) section 144 of such Act (115 Stat. 643) is amended by 
        inserting ``of title 49, United States Code,'' after ``Section 
        44303''.
    (f) References to Under Secretary.--The Aviation and Transportation 
Security Act (115 Stat. 597 et seq.) is further amended--
            (1) in section 106(b)(1) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Under Secretary 
        for Border and Transportation Security'';
            (2) in section 106(b)(2)(B) by striking ``Secretary'' and 
        inserting ``Under Secretary'';
            (3) in section 106(e) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Under Secretary 
        for Border and Transportation Security'';
            (4) in section 109(a) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Under Secretary 
        for Border and Transportation Security'';
            (5) in section 132(a) by striking ``Under Secretary of 
        Transportation for Transportation Security'' and inserting 
        ``Under Secretary for Border and Transportation Security'';
            (6) in section 135(1) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Under Secretary 
        for Border and Transportation Security'';
            (7) in section 137(b) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Under Secretary 
        for Border and Transportation Security''; and
            (8) in section 141(b)(2) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Under Secretary 
        for Border and Transportation Security''.

SEC. 115. AMENDMENT TO TITLE 5, UNITED STATES CODE.

    Section 8331(3)(E)(ii) of title 5, United States Code, is amended 
by striking ``Department of Transportation'' and inserting ``Department 
of Homeland Security''.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. EXEMPTION FOR CHARTER OPERATIONS TO PROVIDE TRANSPORTATION 
              FOR THE ARMED FORCES.

    (a) In General.--The provisions of this Act and the Aviation and 
Transportation Security Act (P.L. 107-71), including the amendments 
made by such Acts, shall not apply to the operation of, or to the 
passengers and property carried by, aircraft when employed to provide 
charter transportation for the Armed Forces, except for an operation to 
or from an airport described in section 1503(c) of title 49, United 
States Code. For an operation to or from an airport described in 
section 1503(c) of such title, the screening, and passenger manifest 
provisions of such Acts, including the amendments made by such Acts, 
shall not apply to passengers and property carried by such aircraft.
    (b) Security Procedures.--The Secretary of Defense, in consultation 
with the Under Secretary for Border and Transportation Security of the 
Department of Homeland Security, shall establish security procedures 
relating to the operation of such aircraft to or from an airport 
described in section 1503(c) of title 49, United States Code.

SEC. 202. CHARTER FLIGHTS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT.

    Not later than 30 days after the date enactment of this Act, the 
Under Secretary for Border and Transportation Security of the 
Department of Homeland Security shall issue regulations allowing 
nonscheduled air carriers to operate at Ronald Reagan Washington 
National Airport under a security program approved by the Under 
Secretary .

SEC. 203. PILOT PROGRAM FOR CARGO SECURITY.

    (a) In General.--The Under Secretary for Border and Transportation 
Security of the Department of Homeland Security shall conduct a pilot 
program to assess the capabilities of the private sector in performing 
audits, investigations, and inspections of the facilities of indirect 
cargo air carrier, and in screening and providing secure transportation 
of goods for such facilities without impeding the flow of commerce. 
Such program shall be conducted at not less than 10 facilities 
representing different sizes and types of indirect cargo air carrier 
facilities.
    (b) Duration.--The Under Secretary shall initiate the program under 
subsection (a) not later than 3 months following the date of enactment 
of this Act and shall conduct the program for a period of 12 months.
    (c) Report to Congress.--Following completion of the program, the 
Under Secretary shall report to the Committee on Commerce, Science and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.
    (d) Indirect Cargo Air Carrier Defined.--In this section, the term 
``indirect cargo air carrier'' means a person subject to regulation 
under part 296 or 297 of title 14 of the Code of Federal Regulations.

SEC. 204. TRUSTED TRAVELER PROGRAM.

    Not later than 1 year after the date of enactment of this Act, the 
Under Secretary for Border and Transportation Security of the 
Department of Homeland Security shall implement a trusted traveler, 
registered traveler, or similar program. In carrying out the program, 
the Under Secretary shall begin by establishing the credentials of 
airport and air carrier employees.

SEC. 205. THREATS TO UNITED STATES AIRPORTS.

    Not later than 180 days after the date of enactment of this Act, 
the Under Secretary for Border and Transportation Security of the 
Department of Homeland Security, after consultation with the Federal 
Bureau of Investigation and other Federal law enforcement and 
intelligence agencies, shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that identifies and analyzes security threats faced by United 
States airports, describes federally mandated security measures taken 
to date that address the defined threats, and makes recommendations for 
future measures to address other identified security risks. The Under 
Secretary may transmit the report in classified and unclassified parts.

SEC. 206. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

    Not later than 6 months after the date of enactment of this Act, 
the Under Secretary for Border and Transportation Security of the 
Department of Homeland Security and the Administrator of the Federal 
Aviation Administration shall jointly transmit to Congress a report 
that--
            (1) evaluates blast-resistant cargo container technology to 
        protect against explosives in passenger luggage and cargo on 
        passenger aircraft;
            (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), 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.

SEC. 207. ALLOCATIONS OF PASSENGER AND BAGGAGE SCREENING PERSONNEL AND 
              EQUIPMENT.

    Not later than 30 days after the date of enactment of this Act, the 
Administrator of the Transportation Security Administration shall 
transmit to Congress a report describing the methodology and planning 
of the Administrator for future allocations of passenger and baggage 
screening personnel and equipment at airports in the United States. The 
Administrator may transmit the report in classified form.

SEC. 208. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND 
              RELATED ACTIVITIES.

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