[Congressional Record Volume 147, Number 124 (Friday, September 21, 2001)]
[Senate]
[Pages S9623-S9624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL.
  S. 1444. A bill to establish a Federal air marshals program under the 
Attorney General; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCONNELL. Madam President, two unmistakable American voices have 
emerged from the aftermath of September 11.
  One voice expressed a newfound hesitancy to fly. Passengers have 
canceled scheduled flights en masse and I, for one, can hardly blame 
them. Just this week we heard chilling reports that more acts of terror 
may be planned in our skies, and, even after the tragic events of 
September 11, we continue to hear anecdotes of lax security at our 
Nation's airports. Almost overnight, air travel, a way of life for 
millions of Americans every day, is now limping along. Families who 
gather to celebrate holidays, businesspeople who depend upon air 
transport, and Americans who simply prefer the speed of airplanes, now 
all must deal with the awful reality of terrorism. The hard economic 
truth of September 11 is that it scared so many passengers from 
airlines that it threatens to destroy our multi-billion dollar aviation 
industry.
  But a second, more inspiring, voice emerged from Americans after the 
acts of September 11, a visceral, instinctive urge to serve their 
country in some way after the attack on American soil. Minutes after 
Tuesday's tragedy, we saw real-life armies of compassion come to the 
aid of those whose lives were destroyed. We saw police and fire rescue 
units risk their lives to save their fellow citizens. We saw American 
families generously pour nearly $200 million of relief money to 
charitable organizations such as the Red Cross, the United Way, and the 
Salvation Army. And in memorial services and vigils all over the 
country, we saw Americans rallying together to pause, to pray, and to 
pledge that the American spirit will not be broken. Still today, in a 
remarkable show of patriotism, there is a chorus, especially those in 
law enforcement, asking ``what can I do?'' to protect and defend our 
fellow countrymen from future terrorist tragedies.
  What we need to do is harness this spirit in order to make our 
airlines safe again for American families. So, today, I am introducing 
legislation that authorizes the Attorney General, as our Nation's top 
law enforcement official, to establish a comprehensive Federal Air 
Marshal program to secure airports from curbside to cockpit. And to 
capitalize on the desire of so many Americans to serve our country in 
the fight against terrorism, the legislation specifically authorizes 
the Attorney General to use active and retired Federal, State, and 
local law enforcement officials to serve in the Air Marshal program.
  America needs a uniform Federal Air Marshal program to combat 
potential terrorism from the minute passengers arrive at an airport 
until the time they arrive safely at their intended destinations. This 
requires a professional law enforcement team to police airport points 
of entry, operate x-ray machines, and serve as undercover air security 
marshals on board commercial aircraft. While we have an existing FAA 
Federal Air Marshal program on board aircraft, we need to expand 
Federal aviation security to put Federal marshals on more flights and 
to stop terrorism on the ground before it can board an aircraft. For a 
comprehensive Air Marshal program to be most effective, we need to 
relieve the obligations of airport security from the FAA and the 
airlines, whose primary purpose is to facilitate and manage air travel, 
and entrust that obligation to the Department of Justice, whose primary 
mission is to enforce Federal law, and most important, to safeguard and 
protect us from terrorism.
  Obviously this new Federal Air Marshals program will require 
additional manpower and financial resources. And that is where we 
intend to harness the spirit espoused by so many of our law enforcement 
personnel throughout the country. The new Federal Air Marshals program 
not only will recruit new full-time active professional marshals but 
will augment that program with Deputy Federal Air Marshals drawn from 
retired military personnel, as well as from active or retired Federal, 
State, and local law enforcement officers, anyone from a DEA agent to a 
local law enforcement officer who wants to serve his country by 
securing our airports and aircraft. It is also crucial that we retain a 
sufficient measure of cost-sharing with private and State and local 
entities. Private airlines and airport authorities should share a 
responsibility, as they do now, to help fund a portion of airport 
security.

  The Attorney General will, of course, determine how to deploy the 
Deputy Air Marshals most effectively, and will ensure that they are 
properly trained to perform the task required of them, be it thwarting 
hijackers on board an aircraft or searching suspicious packages in the 
terminal. What is certain, however, is that tapping this reservoir of 
knowledgeable and experienced law enforcement officers to serve this 
vital national security function will allow us to put more Marshals 
both in the air and on the ground. Our goal should be to secure as many 
airports and as many aircraft as possible using the most experienced 
and professional staff available.
  We already have models in place for the type of curbside to cockpit 
security envisioned in this bill. Our Federal courthouses currently are 
secured by our United States Marshals, who also employ Court Security 
Officers, CSOs, to provide security around the perimeter of the 
building, at each point of entry, and in the courtrooms themselves. 
These CSOs are themselves retired Federal, State, and local law 
enforcement personnel. Part of the reason our courthouses enjoy such 
security today is that this unified system provides for layers of 
security far before one enters the actual courtroom. Our democracy now 
demands, in the interest of our national security, that we make sure 
our cockpits are every bit as secure as our courthouses.
  In times and events such as these, the Federal Government is not only 
the best answer, but the only answer. The challenge we face in securing 
our airports and airlines is not a matter of free market economics, it 
is a matter of national security, as the tragic events of September 11 
made so

[[Page S9624]]

horrifyingly clear. That is why it is imperative that we entrust this 
national security item with the resources, expertise, and experience of 
our Nation's top law enforcement agency, and that we do so immediately.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1444

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. PROGRAM ESTABLISHED.

       (a) In General.--Chapter 37 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 570. Federal air marshals program

       ``(a) Definitions.--In this section:
       ``(1) Aircraft.--The term `aircraft' has the meaning given 
     that term in section 40102 of title 49.
       ``(2) Air transportation.--The term `air transportation' 
     has the meaning given that term in section 40102 of title 49.
       ``(3) Program.--The term `program' means the program 
     established under subsection (c).
       ``(4) Units of local government.The term `units of local 
     government' includes an airport authority.
       ``(b) Responsibility for Airport and Aircraft Safety.--This 
     section shall govern the security at airports and on board 
     commercial aircraft.
       ``(c) Federal Air Marshals Program.--
       ``(1) Goal.--The goal of the program is to provide maximum 
     security at airports and on board commercial aircraft by 
     having the Federal Government be responsible for all phases 
     of security for air passengers.
       ``(2) Establishment of federal air marshals program.--
       ``(A) Establishment.--The Attorney General shall establish 
     a Federal Air Marshals program consisting of Federal Air 
     Marshals, including the Federal Air Marshals participating in 
     the Federal Air Marshals Program being administered by the 
     Federal Aviation Administration before the effective date of 
     this section, and Deputy Federal Air Marshals in order to 
     provide maximum security at airports and on board commercial 
     aircraft.
       ``(B) Federal air marshals.--Federal Air Marshals shall 
     serve for the purpose of enforcing Federal laws that regulate 
     security at airports and on board commercial aircraft, 
     including laws relating to acts of terrorism, hijacking, or 
     aircraft piracy and laws relating to violent, abusive, or 
     disruptive behavior by passengers in air transportation.
       ``(C) Deputy federal air marshals.--
       ``(i) In general.--The Attorney General shall deputize 
     individuals described in clause (ii) as Deputy Federal Air 
     Marshals for the purpose of augmenting and assisting Federal 
     Air Marshals.
       ``(ii) Personnel.--The Attorney General shall utilize 
     retired military personnel, retired Federal, State, and local 
     law enforcement personnel, and active-duty Federal, State, 
     and local law enforcement personnel from other government 
     departments and agencies as Deputy Federal Air Marshals.
       ``(iii) Compensation.--The Attorney General may employ 
     personnel described in clause (ii)--

       ``(I) as volunteers;
       ``(II) by paying a reasonable per diem;
       ``(III) by employing a fee-for-service or contract 
     arrangement; or
       ``(IV) using any other method authorized by law.

       ``(4) Consultation.--In establishing the program, the 
     Attorney General shall consult with appropriate officials 
     of--
       ``(A) the United States Government (including the 
     Administrator of the Federal Aviation Administration or his 
     designated representative); and
       ``(B) State and local governments in any geographic area in 
     which the program may operate.
       ``(5) Certification, training and examination of air 
     marshals; prior approval of employer to serve as deputy air 
     marshal.--
       ``(A) In general.--Under the program, the Attorney General 
     shall provide appropriate training and supervision of all air 
     marshals, as well as appropriate background and fitness 
     examination of eligible candidates as part of their 
     certification.
       ``(B) Employer approval.--Active Federal, State, or local 
     law enforcement officers who serve as Deputy Federal Air 
     Marshals shall receive approval to participate in the program 
     from their employer.
       ``(d) Powers and Status of Federal Air Marshals and Deputy 
     Air Marshals.--
       ``(1) In general.--Subject to paragraph (2), Federal Air 
     Marshals and Deputy Federal Air Marshals may arrest and 
     apprehend an individual suspected of violating any Federal 
     law relating to security at airports or on board aircraft, 
     including any individual who violates a provision subject to 
     a civil penalty under section 46301, 46302, 46303, 46314, 
     46318, 46502, 46504, 46505, or 46507 of title 49, or who 
     commits an act described in section 46506 of title 49, or who 
     violates a provision subject to a criminal penalty under 
     sections 32 and 37 of title 18.
       ``(2) Limitation.--The powers granted to a Deputy Federal 
     Air Marshal shall be limited to enforcing Federal laws 
     relating to security at airports or on board aircraft.
       ``(e) Statutory Construction.--Nothing in this section may 
     be construed to--
       ``(1) grant any Federal Air Marshal or Deputy Federal Air 
     Marshal the power to enforce any Federal law that is not 
     described in subsection (d); or
       ``(2) limit the authority that a Federal, State, or local 
     law enforcement officer may otherwise exercise in the 
     officer's capacity under any other applicable law.
       ``(f) Regulations.--The Attorney General shall promulgate 
     such regulations as may be necessary to carry out this 
     section.
       ``(g) Cost Sharing.--The costs of the program shall be paid 
     by--
       ``(1) the airlines in an amount not less than the amount 
     (as adjusted for inflation after the effective date of this 
     section) the airlines were paying for airport security on the 
     date before the effective date of this section;
       ``(2) State and units of local government in an amount not 
     less than the amount (as adjusted for inflation after the 
     effective date of this section) the States and units of local 
     government were paying for airport security on the date 
     before the effective date of this section; and
       ``(3) the Federal Government.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.
       ``(2) Limitation.--The Federal share of carrying out this 
     section shall be limited to the cost of the program after 
     payments by airlines and States and units of local government 
     pursuant to subsection (g).''.

     SEC. 3. REPEAL.

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

     SEC. 4. EFFECTIVE DATE.

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