[Congressional Record Volume 147, Number 138 (Monday, October 15, 2001)]
[Senate]
[Pages S10707-S10717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         AVIATION SECURITY ACT

  On October 11, 2001, the Senate passed S 1447, as follows:

                                S. 1447

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Aviation 
     Security Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                       TITLE I--AVIATION SECURITY

Sec. 101. Findings.
Sec. 102. Transportation security function.
Sec. 103. Aviation Security Coordination Council.
Sec. 104. Improved flight deck integrity measures.
Sec. 105. Deployment of Federal air marshals.
Sec. 106. Improved airport perimeter access security.
Sec. 107. Enhanced anti-hijacking training for flight crews.
Sec. 108. Passenger and property screening.
Sec. 109. Training and employment of security screening personnel.
Sec. 110. Research and development.
Sec. 111. Flight school security.
Sec. 112. Report to Congress on security.
Sec. 113. General aviation and air charters.
Sec. 114. Increased penalties for interference with security personnel.
Sec. 115. Security-related study by FAA.
Sec. 116. Air transportation arrangements in certain States.
Sec. 117. Airline computer reservation systems.
Sec. 118. Security funding.
Sec. 119. Increased funding flexibility for aviation security.
Sec. 120. Authorization of funds for reimbursement of airports for 
              security mandates.
Sec. 121. Encouraging airline employees to report suspicious 
              activities.
Sec. 122. Less-than-lethal weaponry for flight deck crews.
Sec. 123. Mail and freight waivers.
Sec. 124. Safety and security of on-board supplies.
Sec. 125. Flight deck security
Sec. 126. Amendments to airmen registry authority.
Sec. 127. Results-based management.
Sec. 128. Use of facilities.
Sec. 129. Report on national air space restrictions put in place after 
              terrorist attacks that remain in place.
Sec. 130. Voluntary provision of emergency services during commercial 
              flights.
Sec. 131. Enhanced security for aircraft.
Sec. 132. Implementation of certain detection technologies.
Sec. 133. Report on new responsibilities of the Department of Justice 
              for aviation security.
Sec. 134. Definitions.

[[Page S10708]]

         TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

  Subtitle A--Expanded Deployment and Utilization of Current Security 
                      Technologies and Procedures

Sec. 201. Expanded deployment and utilization of current security 
              technologies and procedures.

 Subtitle B--Short-Term Assessment and Deployment of Emerging Security 
                      Technologies and Procedures

Sec. 211. Short-term assessment and deployment of emerging security 
              technologies and procedures.

  Subtitle C--Research and Development of Aviation Security Technology

Sec. 221. Research and development of aviation security technology.

                       TITLE I--AVIATION SECURITY

     SEC. 101. FINDINGS.

       The Congress finds the following:
       (1) The safety and security of the civil air transportation 
     system is critical to the United States' security and its 
     national defense.
       (2) A safe and secure United States civil air 
     transportation system is essential to the basic freedom of 
     Americans to move in intrastate, interstate, and 
     international transportation.
       (3) The terrorist hijackings and crashes of passenger 
     aircraft on September 11, 2001, converting civil aircraft 
     into guided bombs for strikes against civilian and military 
     targets requires the United States to change fundamentally 
     the way it approaches the task of ensuring the safety and 
     security of the civil air transportation system.
       (4) The existing fragmentation of responsibility for that 
     safety and security among government agencies and between 
     government and nongovernment entities is inefficient and 
     unacceptable in light of the hijackings and crashes on 
     September 11, 2001.
       (5) The General Accounting Office has recommended that 
     security functions and security personnel at United States 
     airports should become a Federal government responsibility.
       (6) Although the number of Federal air marshals is 
     classified, their presence on both international and domestic 
     flights would have a deterrent effect on hijacking and would 
     further bolster public confidence in the safety of air 
     travel.
       (7) The effectiveness of existing security measures, 
     including employee background checks and passenger pre-
     screening, is impaired because of the inaccessibility of, or 
     the failure to share information among, data bases maintained 
     by different Federal and international agencies for criminal 
     behavior or pertinent intelligence information.

     SEC. 102. TRANSPORTATION SECURITY FUNCTION.

       (a) In General.--Section 102 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g); and
       (2) by inserting after subsection (c) the following:
       ``(d) Deputy Secretary for Transportation Security.--
       ``(1) In general.--The Department has a Deputy Secretary 
     for Transportation Security, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Deputy Secretary for Transportation Security shall carry 
     out duties and powers prescribed by the Secretary relating to 
     security for all modes of transportation.
       ``(2) Aviation-related duties.--The Deputy Secretary--
       ``(A) shall coordinate and direct, as appropriate, the 
     functions and responsibilities of the Secretary of 
     Transportation and the Administrator of the Federal Aviation 
     Administration under chapter 449;
       ``(B) shall work in conjunction with the Administrator of 
     the Federal Aviation Administration with respect to any 
     actions or activities that may affect aviation safety or air 
     carrier operations; and
       ``(C) shall actively cooperate and coordinate with the 
     Attorney General, the Secretary of Defense, and the heads of 
     other appropriate Federal agencies and departments with 
     responsibilities for national security and criminal justice 
     enforcement activities that are related to aviation security 
     through the Aviation Security Coordination Council.
       ``(3) National emergency responsibilities.--Subject to the 
     direction and control of the Secretary, the Deputy Secretary 
     shall have the following responsibilities:
       ``(A) To coordinate domestic transportation during a 
     national emergency, including aviation, rail, and other 
     surface transportation, and maritime transportation 
     (including port security).
       ``(B) To coordinate and oversee during a national emergency 
     the transportation-related responsibilities of other 
     departments and agencies of the Federal Government other than 
     the Department of Defense and the military departments.
       ``(C) To establish uniform national standards and practices 
     for transportation during a national emergency.
       ``(D) To coordinate and provide notice to other departments 
     and agencies of the Federal Government, and appropriate 
     agencies of State and local governments, including 
     departments and agencies for transportation, law enforcement, 
     and border control, about threats to transportation during a 
     national emergency.
       ``(E) To carry out such other duties, and exercise such 
     other powers, relating to transportation during a national 
     emergency as the Secretary of Transportation shall prescribe.
       ``(4) Relationship to other transportation authority.--The 
     authority of the Deputy Secretary under paragraph (3) to 
     coordinate and oversee transportation and transportation-
     related responsibilities during a national emergency shall 
     not supersede the authority of any other department or agency 
     of the Federal Government under law with respect to 
     transportation or transportation-related matters, whether or 
     not during a national emergency.
       ``(5) Annual report.--The Deputy Secretary shall submit to 
     the Congress on an annual basis a report on the activities of 
     the Deputy Secretary under paragraph (3) during the preceding 
     year.
       ``(6) National emergency.--The Secretary of Transportation 
     shall prescribe the circumstances constituting a national 
     emergency for purposes of paragraph (3).''.
       (b) Attorney General Responsibilities.--The Attorney 
     General of the United States--
       (1) is responsible for day-to-day Federal security 
     screening operations for passenger air transportation or 
     intrastate air transportation under sections 44901 and 44935 
     of title 49, United States Code;
       (2) shall work in conjunction with the Administrator of the 
     Federal Aviation Administration with respect to any actions 
     or activities that may affect aviation safety or air carrier 
     operations;
       (3) is responsible for hiring and training personnel to 
     provide security screening at all United States airports 
     involved in passenger air transportation or intrastate air 
     transportation, in consultation with the Secretary of 
     Transportation, the Secretary of Defense, and the heads of 
     other appropriate Federal agencies and departments; and
       (4) shall actively cooperate and coordinate with the 
     Secretary of Transportation, the Secretary of Defense, and 
     the heads of other appropriate Federal agencies and 
     departments with responsibilities for national security and 
     criminal justice enforcement activities that are related to 
     aviation security through the Aviation Security Coordination 
     Council.
       (c) Review and Development of Ways To Strengthen 
     Security.--Section 44932(c) of title 49, United States Code, 
     is amended--
       (1) by striking ``x-ray'' in paragraph (4);
       (2) by striking ``and'' at the end of paragraph (4);
       (3) by striking ``passengers.'' in paragraph (5) and 
     inserting ``passengers;''; and
       (4) by adding at the end the following:
       ``(6) to strengthen and enhance the ability to detect 
     nonexplosive weapons, such as biological, chemical, or 
     similar substances; and
       ``(7) to evaluate such additional measures as may be 
     appropriate to enhance physical inspection of passengers, 
     luggage, and cargo.''.
       (d) Transition.--Until the Deputy Secretary for 
     Transportation Security takes office, the functions of the 
     Deputy Secretary that relate to aviation security shall be 
     carried out by the Assistant Administrator for Civil Aviation 
     Security of the Federal Aviation Administration.

     SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.

       (a) In General.--Section 44911 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(f) Aviation Security Coordination Council.--
       ``(1) In general.--There is established an Aviation 
     Security Coordination Council.
       ``(2) Function.--The Council shall work with the 
     intelligence community to coordinate intelligence, security, 
     and criminal enforcement activities affecting the safety and 
     security of aviation at all United States airports and air 
     navigation facilities involved in air transportation or 
     intrastate air transportation.
       ``(3) Chair.--The Council shall be chaired by the Secretary 
     of Transportation or the Secretary's designee.
       ``(4) Membership.--The members of the Council are:
       ``(A) The Secretary of Transportation, or the Secretary's 
     designee.
       ``(B) The Attorney General, or the Attorney General's 
     designee.
       ``(C) The Secretary of Defense, or the Secretary's 
     designee.
       ``(D) The Secretary of the Treasury, or the Secretary's 
     designee.
       ``(E) The Director of the Central Intelligence Agency, or 
     the Director's designee.
       ``(F) The head, or an officer or employee designated by the 
     head, of any other Federal agency the participation of which 
     is determined by the Secretary of Transportation, in 
     consultation with the Attorney General, to be appropriate.
       ``(g) Cross-checking Data Base Information.--The Secretary 
     of Transportation, acting through the Aviation Security 
     Coordination Council, shall--
       ``(1) explore the technical feasibility of developing a 
     common database of individuals who may pose a threat to 
     aviation or national security;
       ``(2) enter into memoranda of understanding with other 
     Federal agencies to share or otherwise cross-check data on 
     such individuals identified on Federal agency data bases, and 
     may utilize other available data bases as necessary; and
       ``(3) evaluate and assess technologies in development or 
     use at Federal departments, agencies, and instrumentalities 
     that might

[[Page S10709]]

     be useful in improving the safety and security of aviation in 
     the United States.''.
       (b) Policies and Procedures.--Section 44911(b) of title 49, 
     United States Code, is amended by striking ``international''.
       (c) Strategic Planning.--Section 44911(c) of title 49, 
     United States Code, is amended by striking ``consider 
     placing'' and inserting ``place''.

     SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

       (a) In General.--As soon as possible after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) issue an order (without regard to the provisions of 
     chapter 5 of title 5, United States Code)--
       (A) prohibiting access to the flight deck of aircraft 
     engaged in passenger air transportation or intrastate air 
     transportation except to authorized personnel;
       (B) requiring the strengthening of the flight deck door and 
     locks on any such aircraft operating in air transportation or 
     intrastate air transportation that has a rigid door in a 
     bulkhead between the flight deck and the passenger area to 
     ensure that the door cannot be forced open from the passenger 
     compartment;
       (C) requiring that such flight deck doors remain locked 
     while any such aircraft is in flight except when necessary to 
     permit the flight deck crew access and egress; and
       (D) prohibiting the possession of a key to any such flight 
     deck door by any member of the flight crew who is not 
     assigned to the flight deck; and
       (2) take such other action, including modification of 
     safety and security procedures, as may be necessary to ensure 
     the safety and security of the aircraft.
       (b) Commuter Aircraft.--The Administrator shall investigate 
     means of securing, to the greatest feasible extent, the 
     flight deck of aircraft operating in air transportation or 
     intrastate air transportation that do not have a rigid fixed 
     door with a lock between the passenger compartment and the 
     flight deck and issue such an order as the Administrator 
     deems appropriate (without regard to the provisions of 
     chapter 5 of title 5, United States Code) to ensure the 
     inaccessibility, to the greatest extent feasible, of the 
     flight deck while the aircraft is so engaged.

     SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

       (a) Air Marshals Under Attorney General Guidelines.--The 
     Attorney General shall prescribe guidelines for the training 
     and deployment of individuals authorized, with the approval 
     of the Attorney General, to carry firearms and make arrests 
     under section 44903(d) of title 49, United States Code. The 
     Secretary of Transportation shall administer the air marshal 
     program under that section in accordance with the guidelines 
     prescribed by the Attorney General.
       (b) Deployment.--Section 44903(d) of title 49, United 
     States Code, is amended--
       (1) by inserting ``(1)'' before ``With'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B); and
       (3) by adding at the end the following:
       ``(2) The Secretary--
       ``(A) may place Federal air marshals on every scheduled 
     passenger flight in air transportation and intrastate air 
     transportation; and
       ``(B) shall place them on every such flight determined by 
     the Secretary to present high security risks.
       ``(3) In making the determination under paragraph (2)(B), 
     nonstop longhaul flights, such as those targeted on September 
     11, 2001, should be a priority.''.
       (c) Training, Supervision, and Flight Assignment.--Within 
     30 days after the date of enactment of this Act, the 
     Secretary of Transportation, under the authority of 
     subsections (d) and (e) of section 44903 of title 49, United 
     States Code, shall--
       (1) provide for deployment of Federal air marshals on 
     flights in air transportation and intrastate air 
     transportation;
       (2) provide for appropriate background and fitness checks 
     for candidates for appointment as Federal air marshals;
       (3) provide for appropriate training, supervision, and 
     equipment of Federal air marshals; and
       (4) require air carriers to provide seating for Federal air 
     marshals on any flight without regard to the availability of 
     seats on that flight.
       (d) International Flights.--The Secretary shall work with 
     the International Civil Aviation Organization and with 
     appropriate civil aviation authorities of foreign governments 
     under section 44907 of title 49, United States Code, to 
     address security concerns on flights by foreign air carriers 
     to and from the United States.
       (e) Interim Measures.--The Secretary may, after 
     consultation with the heads of other Federal agencies and 
     departments, use personnel from those agencies and 
     departments to provide air marshal service on domestic and 
     international flights, and may use the authority provided by 
     section 324 of title 49, United States Code, for such 
     purpose.
       (f) Reports.--
       (1) In general.--The Attorney General and the Secretary of 
     Transportation shall submit the following reports in 
     classified form, if necessary, to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure:
       (A) Within 18 months after the date of enactment of this 
     Act, an assessment of the program carried out under section 
     44903(d) of title 49, United States Code.
       (B) Within 120 days after such date, an assessment of the 
     effectiveness of the security screening process for carry-on 
     baggage and checked baggage.
       (C) Within 6 months after the date of enactment of this 
     Act, an assessment of the safety and security-related 
     training provided to flight and cabin crews.
       (2) Recommendations.--The Attorney General and the 
     Secretary may submit, as part of any report under this 
     subsection or separately, any recommendations they may have 
     for improving the effectiveness of the Federal air marshal 
     program or the security screening process.
       (g) Cooperation with Other Agencies.--The last sentence of 
     section 106(m) of title 49, United States Code, is amended by 
     striking ``supplies and'' and inserting ``supplies, 
     personnel, services, and''.
       (h) Authority to Appoint Retired Law Enforcement 
     Officers.--Notwithstanding any other provision of law, the 
     Secretary of Transportation may appoint an individual who is 
     a retired law enforcement officer or a retired member of the 
     Armed Forces as a Federal air marshal, regardless of age, or 
     an individual discharged or furloughed from a commercial 
     airline cockpit crew position, if the individual otherwise 
     meets the background and fitness qualifications required for 
     Federal air marshals.

     SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.

       (a) In General.--Section 44903 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(h) Improved Airport Perimeter Access Security.--
       ``(1) In general.--The Secretary of Transportation, in 
     consultation with the airport operator and law enforcement 
     authorities, may order the deployment of such personnel at 
     any secure area of the airport as necessary to counter the 
     risk of criminal violence, the risk of aircraft piracy at the 
     airport, the risk to air carrier aircraft operations at the 
     airport, or to meet national security concerns.
       ``(2) Security of aircraft and ground access to secure 
     areas.--In determining where to deploy such personnel, the 
     Secretary shall consider the physical security needs of air 
     traffic control facilities, parked aircraft, aircraft 
     servicing equipment, aircraft supplies (including fuel), 
     automobile parking facilities within airport perimeters or 
     adjacent to secured facilities, and access and transition 
     areas at airports served by other means of ground or water 
     transportation. The Secretary of Transportation, after 
     consultation with the Aviation Security Coordination Council, 
     shall consider whether airport, air carrier personnel, and 
     other individuals with access to such areas should be 
     screened to prevent individuals who present a risk to 
     aviation security or national security from gaining access to 
     such areas.
       ``(3) Deployment of federal law enforcement personnel.--The 
     Secretary of Transportation may enter into a memorandum of 
     understanding or other agreement with the Attorney General or 
     the head of any other appropriate Federal law enforcement 
     agency to deploy Federal law enforcement personnel at an 
     airport in order to meet aviation safety and security 
     concerns.''.
       (b) Small and Medium Airports.--The Administrator of the 
     Federal Aviation Administration shall develop a plan to 
     provide technical support to small and medium airports to 
     enhance security operations, including screening operations, 
     and to provide financial assistance to those airports to 
     defray the costs of enhancing security. The Federal Aviation 
     Administration in consultation with the appropriate State or 
     local government law enforcement authorities, shall reexamine 
     the safety requirements for small community airports, to 
     reflect a reasonable level of threat to those individual 
     small community airports, including the parking of passenger 
     vehicles within 300 feet of the airport terminal building 
     with respect to that airport.
       (c) Chemical and Biological Weapon Detection.--Section 
     44903(c)(2)(C) of title 49, United States Code, is amended to 
     read as follows:
       ``(C) Maximum use of chemical and biological weapon 
     detection equipment.--The Secretary of Transportation shall 
     require airports to maximize the use of technology and 
     equipment that is designed to detect potential chemical or 
     biological weapons.''.
       (d) Improvement of Secured-Area Access Control.--Section 
     44903(g)(2) of title 49, United States Code, is amended--
       (1) by striking ``weaknesses by January 31, 2001;'' in 
     subparagraph (A) and inserting ``weaknesses;'';
       (2) by striking subparagraph (D) and inserting the 
     following:
       ``(D) on an ongoing basis, assess and test for compliance 
     with access control requirements, report annually findings of 
     the assessments, and assess the effectiveness of penalties in 
     ensuring compliance with security procedures and take any 
     other appropriate enforcement actions when noncompliance is 
     found;'';
       (3) by striking ``program by January 31, 2001;'' in 
     subparagraph (F) and inserting ``program;''; and
       (4) by striking subparagraph (G) and inserting the 
     following:
       ``(G) work with airport operators to strengthen access 
     control points in secured

[[Page S10710]]

     areas (including air traffic control operations areas, 
     maintenance areas, crew lounges, baggage handling areas, 
     concessions, and catering delivery areas) to ensure the 
     security of passengers and aircraft and consider the 
     deployment of biometric or similar technologies that identify 
     individuals based on unique personal characteristics.''.
       (e) Airport Security Pilot Program.--Section 44903(c) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(3) The Administrator shall establish pilot programs in 
     no fewer than 20 airports to test and evaluate new and 
     emerging technology for providing access control and other 
     security protections for closed or secure areas of the 
     airports. Such technology may include biometric or other 
     technology that ensures only authorized access to secure 
     areas.''.
       (f) Airport Security Awareness Programs.--The Secretary of 
     Transportation shall require air carriers and airports 
     involved in air transportation or intrastate air 
     transportation to develop security awareness programs for 
     airport employees, ground crews, and other individuals 
     employed at such airports.

     SEC. 107. ENHANCED ANTI-HIJACKING TRAINING FOR FLIGHT CREWS.

       (a) In General.--The Secretary of Transportation shall 
     develop a mandatory air carrier program of training for 
     flight and cabin crews of aircraft providing air 
     transportation or intrastate air transportation in dealing 
     with attempts to commit aircraft piracy (as defined in 
     section 46502(a)(1)(A) of title 49, United States Code). The 
     Secretary shall ensure that the training curriculum is 
     developed in consultation with Federal law enforcement 
     agencies with expertise in terrorism, self-defense, hijacker 
     psychology, and current threat conditions.
       (b) Notification Procedures.--The Administrator of the 
     Federal Aviation Administration shall revise the procedures 
     by which cabin crews of aircraft can notify flight deck crews 
     of security breaches and other emergencies and implement any 
     new measures as soon as practicable.

     SEC. 108. PASSENGER AND PROPERTY SCREENING.

       (a) In General.--Section 44901 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 44901. Screening passengers, individuals with access 
       to secure areas, and property

       ``(a) In General.--The Attorney General, in consultation 
     with the Secretary of Transportation, shall provide for the 
     screening of all passengers and property, including United 
     States mail, cargo, carry-on and checked baggage, and other 
     articles, that will be carried aboard an aircraft in air 
     transportation or intrastate air transportation. The 
     screening shall take place before boarding and, except as 
     provided in subsection (c), shall be carried out by a Federal 
     government employee (as defined in section 2105 of title 5, 
     United States Code). The Attorney General, in consultation 
     with the Secretary, shall provide for the screening of all 
     persons, including airport, air carrier, foreign air carrier, 
     and airport concessionaire employees, before they are allowed 
     into sterile or secure areas of the airport, as determined by 
     the Attorney General. The screening of airport, air carrier, 
     foreign air carrier, and airport concessionaire employees, 
     and other nonpassengers with access to secure areas, shall be 
     conducted in the same manner as passenger screenings are 
     conducted, except that the Attorney General may authorize 
     alternative screening procedures for personnel engaged in 
     providing airport or aviation security at an airport. In 
     carrying out this subsection, the Attorney General shall 
     maximize the use of available nonintrusive and other 
     inspection and detection technology that is approved by the 
     Administrator of the Federal Aviation Administration for the 
     purpose of screening passengers, baggage, mail, or cargo.
       ``(b) Deployment of Armed Personnel.--
       ``(1) In general.--The Attorney General shall order the 
     deployment of law enforcement personnel authorized to carry 
     firearms at each airport security screening location to 
     ensure passenger safety and national security.
       ``(2) Minimum requirements.--Except at airports required to 
     enter into agreements under subsection (c), the Attorney 
     General shall order the deployment of at least 1 law 
     enforcement officer at each airport security screening 
     location. At the 100 largest airports in the United States, 
     in terms of annual passenger enplanements for the most recent 
     calendar year for which data are available, the Attorney 
     General shall order the deployment of additional law 
     enforcement personnel at airport security screening locations 
     if the Attorney General determines that the additional 
     deployment is necessary to ensure passenger safety and 
     national security.
       ``(c) Security at Small Community Airports.--
       ``(1) Passenger screening.--In carrying out subsection (a) 
     and subsection (b)(1), the Attorney General may require any 
     nonhub airport (as defined in section 41731(a)(4)) or smaller 
     airport with scheduled passenger operations to enter into an 
     agreement under which screening of passengers and property 
     will be carried out by qualified, trained State or local law 
     enforcement personnel if--
       ``(A) the screening services are equivalent to the 
     screening services that would be carried out by Federal 
     personnel under subsection (a);
       ``(B) the training and evaluation of individuals conducting 
     the screening or providing security services meets the 
     standards set forth in section 44935 for training and 
     evaluation of Federal personnel conducting screening or 
     providing security services under subsection (a);
       ``(C) the airport is reimbursed by the United States, using 
     funds made available by the Aviation Security Act, for the 
     costs incurred in providing the required screening, training, 
     and evaluation; and
       ``(D) the Attorney General has consulted the airport 
     sponsor.
       ``(2) Determination of limited requirements.--The Attorney 
     General, in consultation with the Secretary of 
     Transportation, may prescribe modified aviation security 
     measures for a nonhub airport if the Attorney General 
     determines that specific security measures are not required 
     at a nonhub airport at all hours of airport operation because 
     of--
       ``(A) the types of aircraft that use the airport;
       ``(B) seasonal variations in air traffic and types of 
     aircraft that use the airport; or
       ``(C) other factors that warrant modification of otherwise 
     applicable security requirements.
       ``(3) Additional federal security measures.--At any airport 
     required to enter into a reimbursement agreement under 
     paragraph (1), the Attorney General--
       ``(A) may provide or require additional security measures;
       ``(B) may conduct random security inspections; and
       ``(C) may provide assistance to enhance airport security at 
     that airport.
       ``(d) Manual Process.--
       ``(1) In general.--The Attorney General shall require a 
     manual process, at explosive detection system screening 
     locations in airports where explosive detection equipment is 
     underutilized, which will augment the Computer Assisted 
     Passenger Prescreening System by randomly selecting 
     additional checked bags for screening so that a minimum 
     number of bags, as prescribed by the Attorney General, are 
     examined.
       ``(2) Limitation on statutory construction.--Paragraph (1) 
     shall not be construed to limit the ability of the Attorney 
     General or the Secretary of Transportation to impose 
     additional security measures when a specific threat warrants 
     such additional measures.
       ``(3) Maximum use of explosive detection equipment.--In 
     prescribing the minimum number of bags to be examined under 
     paragraph (1), the Attorney General shall seek to maximize 
     the use of the explosive detection equipment.
       ``(e) Flexibility of Arrangements.--In carrying out 
     subsections (a), (b), and (c), the Attorney General may use 
     memoranda of understanding or other agreements with the heads 
     of appropriate Federal law enforcement agencies covering the 
     utilization and deployment of personnel of the Department of 
     Justice or such other agencies.''.
       (b) Deputizing of State and Local Law Enforcement 
     Officers.--Section 512 of the Wendell H. Ford Aviation 
     Investment and Reform Act for the 21st Century is amended--
       (1) by striking ``purpose of'' in subsection (b)(1)(A) and 
     inserting ``purposes of (i)'';
       (2) by striking ``transportation;'' in subsection (b)(1)(A) 
     and inserting ``transportation, and (ii) regulate the 
     provisions of security screening services under section 
     44901(c) of title 49, United States Code;'';
       (3) by striking ``not federal responsibility'' in the 
     heading of subsection (b)(3)(b);
       (4) by striking ``shall not be responsible for providing'' 
     in subsection (b)(3)(B) and inserting ``may provide'';
       (5) by striking ``flight.'' in subsection (c)(2) and 
     inserting ``flight and security screening functions under 
     section 44901(c) of title 49, United States Code.'';
       (6) by striking ``General'' in subsection (e) and inserting 
     ``General, in consultation with the Secretary of 
     Transportation,''; and
       (7) by striking subsection (f).
       (c) Transition.--The Attorney General shall complete the 
     full implementation of section 44901 of title 49, United 
     States Code, as amended by subsection (a), as soon as is 
     practicable but in no event later than 9 months after the 
     date of enactment of this Act. The Attorney General may make 
     or continue such arrangements, including arrangements under 
     the authority of sections 40110 and 40111 of that title, for 
     the screening of passengers and property under that section 
     as the Attorney General determines necessary pending full 
     implementation of that section as so amended.

     SEC. 109. TRAINING AND EMPLOYMENT OF SECURITY SCREENING 
                   PERSONNEL.

       (a) In General.--Section 44935 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsection (f) as subsection (i); and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Security Screeners.--
       ``(1) Training program.--The Attorney General, in 
     consultation with the Secretary of Transportation, shall 
     establish a program for the hiring and training of security 
     screening personnel.
       ``(2) Hiring.--
       ``(A) Qualifications.--The Attorney General shall 
     establish, within 30 days after the date of enactment of the 
     Aviation Security Act, qualification standards for 
     individuals

[[Page S10711]]

     to be hired by the United States as security screening 
     personnel. Notwithstanding any provision of law to the 
     contrary, those standards shall, at a minimum, require an 
     individual--
       ``(i) to have a satisfactory or better score on a Federal 
     security screening personnel selection examination;
       ``(ii) to have been a national of the United States, as 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)), for a minimum of 5 
     consecutive years;
       ``(iii) to have passed an examination for recent 
     consumption of a controlled substance;
       ``(iv) to meet, at a minimum, the requirements set forth in 
     subsection (f); and
       ``(v) to meet such other qualifications as the Attorney 
     General may establish.
       ``(B) Background checks.--The Attorney General shall 
     require that an individual to be hired as a security screener 
     undergo an employment investigation (including a criminal 
     history record check) under section 44936(a)(1).
       ``(C) Disqualification of individuals who present national 
     security risks.--The Attorney General, in consultation with 
     the heads of other appropriate Federal agencies, shall 
     establish procedures, in addition to any background check 
     conducted under section 44936, to ensure that no individual 
     who presents a threat to national security is employed as a 
     security screener.
       ``(3) Examination; review of existing rules.--The Attorney 
     General shall develop a security screening personnel 
     examination for use in determining the qualification of 
     individuals seeking employment as security screening 
     personnel. The Attorney General shall also review, and revise 
     as necessary, any standard, rule, or regulation governing the 
     employment of individuals as security screening personnel.
       ``(f) Employment Standards for Screening Personnel.--
       ``(1) Screener requirements.--Notwithstanding any provision 
     of law to the contrary, an individual may not be employed as 
     a security screener unless that individual meets the 
     following requirements:
       ``(A) The individual shall possess a high school diploma, a 
     General Equivalency Diploma, or experience that the Attorney 
     General has determined to have equipped the individual to 
     perform the duties of the position.
       ``(B) The individual shall possess basic aptitudes and 
     physical abilities including color perception, visual and 
     aural acuity, physical coordination, and motor skills to the 
     following standards:
       ``(i) Screeners operating screening equipment shall be able 
     to distinguish on the screening equipment monitor the 
     appropriate imaging standard specified by the Attorney 
     General. Wherever the screening equipment system displays 
     colors, the operator shall be able to perceive each color.
       ``(ii) Screeners operating any screening equipment shall be 
     able to distinguish each color displayed on every type of 
     screening equipment and explain what each color signifies.
       ``(iii) Screeners shall be able to hear and respond to the 
     spoken voice and to audible alarms generated by screening 
     equipment in an active checkpoint environment.
       ``(iv) Screeners performing physical searches or other 
     related operations shall be able to efficiently and 
     thoroughly manipulate and handle such baggage, containers, 
     and other objects subject to security processing.
       ``(v) Screeners who perform pat-downs or hand-held metal 
     detector searches of individuals shall have sufficient 
     dexterity and capability to thoroughly conduct those 
     procedures over a individual's entire body.
       ``(C) The individual shall be able to read, speak, and 
     write English well enough to--
       ``(i) carry out written and oral instructions regarding the 
     proper performance of screening duties;
       ``(ii) read English language identification media, 
     credentials, airline tickets, and labels on items normally 
     encountered in the screening process;
       ``(iii) provide direction to and understand and answer 
     questions from English-speaking individuals undergoing 
     screening; and
       ``(iv) write incident reports and statements and log 
     entries into security records in the English language.
       ``(D) The individual shall have satisfactorily completed 
     all initial, recurrent, and appropriate specialized training 
     required by the security program, except as provided in 
     paragraph (2).
       ``(2) Exceptions.--An individual who has not completed the 
     training required by this section may be employed during the 
     on-the-job portion of training to perform functions if that 
     individual--
       ``(A) is closely supervised; and
       ``(B) does not make independent judgments as to whether 
     individuals or property may enter a sterile area or aircraft 
     without further inspection.
       ``(3) Remedial training.--No individual employed as a 
     security screener may perform a screening function after that 
     individual has failed an operational test related to that 
     function until that individual has successfully completed the 
     remedial training specified in the security program.
       ``(4) Annual proficiency review.--The Attorney General 
     shall provide that an annual evaluation of each individual 
     assigned screening duties is conducted and documented. An 
     individual employed as a security screener may not continue 
     to be employed in that capacity unless the evaluation 
     demonstrates that the individual--
       ``(A) continues to meet all qualifications and standards 
     required to perform a screening function;
       ``(B) has a satisfactory record of performance and 
     attention to duty based on the standards and requirements in 
     the security program; and
       ``(C) demonstrates the current knowledge and skills 
     necessary to courteously, vigilantly, and effectively perform 
     screening functions.
       ``(5) Operational testing.--In addition to the annual 
     proficiency review conducted under paragraph (4), the 
     Attorney General shall provide for the operational testing of 
     such personnel.
       ``(g) Training.--
       ``(1) Use of other agencies.--The Attorney General shall 
     enter into a memorandum of understanding or other arrangement 
     with any other Federal agency or department with appropriate 
     law enforcement responsibilities, to provide personnel, 
     resources, or other forms of assistance in the training of 
     security screening personnel.
       ``(2) Training plan.--The Attorney General shall, within 60 
     days after the date of enactment of the Aviation Security 
     Act, develop a plan for the training of security screening 
     personnel. The plan shall, at a minimum, require that before 
     being deployed as a security screener, an individual--
       ``(A) has completed 40 hours of classroom instruction or 
     successfully completed a program that the Attorney General 
     determines will train individuals to a level of proficiency 
     equivalent to the level that would be achieved by such 
     classroom instruction;
       ``(B) has completed 60 hours of on-the-job instruction; and
       ``(C) has successfully completed an on-the-job training 
     examination prescribed by the Attorney General.
       ``(3) Equipment-specific training.--An individual employed 
     as a security screener may not use any security screening 
     device or equipment in the scope of that individual's 
     employment unless the individual has been trained on that 
     device or equipment and has successfully completed a test on 
     the use of the device or equipment.
       ``(h) Technological Training.--The Attorney General shall 
     require training to ensure that screeners are proficient in 
     using the most up-to-date new technology and to ensure their 
     proficiency in recognizing new threats and weapons. The 
     Attorney General shall make periodic assessments to determine 
     if there are dual use items and inform security screening 
     personnel of the existence of such items. Current lists of 
     dual use items shall be part of the ongoing training for 
     screeners. For purposes of this subsection, the term `dual 
     use' item means an item that may seem harmless but that may 
     be used as a weapon.''.
       (b) Conforming Amendments.--
       (1) Section 44936(a)(1)(A) is amended by inserting ``as a 
     security screener under section 44935(e) or a position'' 
     after ``a position''.
       (2) Section 44936(b) of title 49, United States Code, is 
     amended--
       (A) by inserting ``the Attorney General,'' after 
     ``subsection,'' in paragraph (1); and
       (B) by striking ``An'' in paragraph (3) and inserting ``The 
     Attorney General, an''.
       (3) Section 44936(a)(1)(E) is amended by striking clause 
     (iv).
       (c) Transition.--The Attorney General shall complete the 
     full implementation of section 44935 (e), (f), (g), and (h) 
     of title 49, United States Code, as amended by subsection 
     (a), as soon as is practicable. The Attorney General may make 
     or continue such arrangements for the training of security 
     screeners under that section as the Attorney General 
     determines necessary pending full implementation of that 
     section as so amended.
       (d) Screener Personnel.--Notwithstanding any other 
     provision of law, the Attorney General may employ, appoint, 
     discipline, terminate, and fix the compensation, terms, and 
     conditions of employment of Federal service for such a number 
     of individuals as the Attorney General determines to be 
     necessary to carry out the passenger security screening 
     functions of the Attorney General under section 44901 of 
     title 49, United States Code.
       (e) Strikes Prohibited.--An individual employed as a 
     security screener under section 44901 of title 49, United 
     States Code, is prohibited from participating in a strike or 
     asserting the right to strike pursuant to section 7311(3) or 
     7116(b)(7) of title 5, United States Code.
       (f) Background Checks for Existing Employees.--
       (1) In general.--Section 44936 of title 49, United States 
     Code, is amended by inserting ``is or'' before ``will'' in 
     subsection (a)(1)(B)(i).
       (2) Effective date.--The amendments made by paragraph (1) 
     apply with respect to individuals employed on or after the 
     date of enactment of the Aviation Security Act in a position 
     described in subparagraph (A) or (B) of section 44936(a)(1) 
     of title 49, United States Code. The Secretary of 
     Transportation may provide by order for a phased-in 
     implementation of the requirements of section 44936 of that 
     title made applicable to individuals employed in such 
     positions at airports on the date of enactment of this Act.

     SEC. 110. RESEARCH AND DEVELOPMENT.

       (a) In General.--Section 44912(b)(1) of title 49, United 
     States Code, is amended--

[[Page S10712]]

       (1) by striking ``complete an intensive review of'' and 
     inserting ``periodically review'';
       (2) by striking ``commercial aircraft in service and 
     expected to be in service in the 10-year period beginning on 
     November 16, 1990;'' in subparagraph (B) and inserting 
     ``aircraft in air transportation;''; and
       (3) by redesignating subparagraphs (D) through (F) as 
     subparagraphs (E) through (G), respectively, and inserting 
     after subparagraph (C) the following:
       ``(D) the potential release of chemical, biological, or 
     similar weapons or devices either within an aircraft or 
     within an airport;''.
       (b) Additional Matters Regarding Research and 
     Development.--
       (1) Additional program requirements.--Subsection (a) of 
     section 44912 of title 49, United States Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) In carrying out the program established under this 
     subsection, the Administrator shall designate an individual 
     to be responsible for engineering, research, and development 
     with respect to security technology under the program.
       ``(B) The individual designated under subparagraph (A) 
     shall use appropriate systems engineering and risk management 
     models in making decisions regarding the allocation of funds 
     for engineering, research, and development with respect to 
     security technology under the program.
       ``(C) The individual designated under subparagraph (A) 
     shall, on an annual basis, submit to the Research, 
     Engineering and Development Advisory Committee a report on 
     activities under this paragraph during the preceding year. 
     Each report shall include, for the year covered by such 
     report, information on--
       ``(i) progress made in engineering, research, and 
     development with respect to security technology;
       ``(ii) the allocation of funds for engineering, research, 
     and development with respect to security technology; and
       ``(iii) engineering, research, and development with respect 
     to any technologies drawn from other agencies, including the 
     rationale for engineering, research, and development with 
     respect to such technologies.''.
       (2) Review of threats.--Subsection (b)(1) of that section 
     is amended--
       (A) by redesignating subparagraphs (A) through (F) as 
     subparagraphs (B) through (G), respectively; and
       (B) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) a comprehensive systems analysis (employing 
     vulnerability analysis, threat attribute definition, and 
     technology roadmaps) of the civil aviation system, 
     including--
       ``(i) the destruction, commandeering, or diversion of civil 
     aircraft or the use of civil aircraft as a weapon; and
       ``(ii) the disruption of civil aviation service, including 
     by cyber attack;''.
       (3) Scientific advisory panel.--Subsection (c) of that 
     section is amended to read as follows:
       ``(c) Scientific Advisory Panel.--(1) The Administrator 
     shall establish a scientific advisory panel, as a 
     subcommittee of the Research, Engineering, and Development 
     Advisory Committee, to review, comment on, advise the 
     progress of, and recommend modifications in, the program 
     established under subsection (a) of this section, including 
     the need for long-range research programs to detect and 
     prevent catastrophic damage to commercial aircraft, 
     commercial aviation facilities, commercial aviation personnel 
     and passengers, and other components of the commercial 
     aviation system by the next generation of terrorist weapons.
       ``(2)(A) The advisory panel shall consist of individuals 
     who have scientific and technical expertise in--
       ``(i) the development and testing of effective explosive 
     detection systems;
       ``(ii) aircraft structure and experimentation to decide on 
     the type and minimum weights of explosives that an effective 
     explosive detection technology must be capable of detecting;
       ``(iii) technologies involved in minimizing airframe damage 
     to aircraft from explosives; and
       ``(iv) other scientific and technical areas the 
     Administrator considers appropriate.
       ``(B) In appointing individuals to the advisory panel, the 
     Administrator should consider individuals from academia and 
     the national laboratories, as appropriate.
       ``(3) The Administrator shall organize the advisory panel 
     into teams capable of undertaking the review of policies and 
     technologies upon request.
       ``(4) Not later than 90 days after the date of the 
     enactment of the Aviation Security Act, and every two years 
     thereafter, the Administrator shall review the composition of 
     the advisory panel in order to ensure that the expertise of 
     the individuals on the panel is suited to the current and 
     anticipated duties of the panel.''.
       (c) Coordination with Attorney General.--Section 44912(b) 
     of title 49, United States Code, is amended by adding at the 
     end the following:
       ``(3) Beginning on the date of enactment of the Aviation 
     Security Act, the Administrator shall conduct all research 
     related to screening technology and procedures in conjunction 
     with the Attorney General.''.

     SEC. 111. FLIGHT SCHOOL SECURITY.

       (a) Prohibition.--Chapter 449 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 44939. Training to operate jet-propelled aircraft

       ``(a) Prohibition.--No person subject to regulation under 
     this part may provide training in the operation of any jet-
     propelled aircraft to any alien (or other individual 
     specified by the Secretary of Transportation under this 
     section) within the United States unless the Attorney General 
     issues to that person a certification of the completion of a 
     background investigation of the alien or other individual 
     under subsection (b).
       ``(b) Investigation.--
       ``(1) Request.--Upon the joint request of a person subject 
     to regulation under this part and an alien (or individual 
     specified by the Secretary) for the purposes of this section, 
     the Attorney General shall--
       ``(A) carry out a background investigation of the alien or 
     individual within 30 days after the Attorney General receives 
     the request; and
       ``(B) upon completing the investigation, issue a 
     certification of the completion of the investigation to the 
     person.
       ``(2) Scope.--A background investigation of an alien or 
     individual under this subsection shall consist of the 
     following:
       ``(A) A determination of whether there is a record of a 
     criminal history for the alien or individual and, if so, a 
     review of the record.
       ``(B) A determination of the status of the alien under the 
     immigration laws of the United States.
       ``(C) A determination of whether the alien or individual 
     presents a national security risk to the United States.
       ``(3) Recurrent training.--The Attorney General shall 
     develop expedited procedures for requests that relate to 
     recurrent training of an alien or other individual for whom a 
     certification has previously been issued under paragraph (1).
       ``(c) Sanctions.--A person who violates subsection (a) 
     shall be subject to administrative sanctions that the 
     Secretary of Transportation shall prescribe in regulations. 
     The sanctions may include suspension and revocation of 
     licenses and certificates issued under this part.
       ``(d) Covered Training.--For the purposes of subsection 
     (a), training includes in-flight training, training in a 
     simulator, and any other form or aspect of training.
       ``(e) Reporting Requirement.--Each person subject to 
     regulation under this part that provides training in the 
     operation of any jet-propelled aircraft shall report to the 
     Secretary of Transportation, at such time and in such manner 
     as the Secretary may prescribe, the name, address, and such 
     other information as the Secretary may require concerning--
       ``(1) each alien to whom such training is provided; and
       ``(2) every other individual to whom such training is 
     provided as the Secretary may require.
       ``(f) Alien Defined.--In this section, the term `alien' has 
     the meaning given the term in section 101(a)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:
``44939. Training to operate jet-propelled aircraft.''.
       (c) International Cooperation.--The Secretary of 
     Transportation, in consultation with the Secretary of State, 
     shall work with the International Civil Aviation Organization 
     and the civil aviation authorities of other countries to 
     improve international aviation security through screening 
     programs for flight instruction candidates.

     SEC. 112. REPORT TO CONGRESS ON SECURITY.

       Within 60 days after the date of enactment of this Act, the 
     Attorney General and the Secretary of Transportation shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure containing 
     their joint recommendations on additional measures for the 
     Federal Government to address transportation security 
     functions.

     SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

       The Secretary of Transportation shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure within 3 months after the date of enactment of 
     this Act a report on how to improve security with respect to 
     general aviation and air charter operations in the United 
     States.

     SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY 
                   PERSONNEL.

       (a) In General.--Chapter 465 of title 49, United States 
     Code, is amended by inserting after section 46502 the 
     following:

     ``Sec. 46503. Interference with security screening personnel

       ``An individual in an area within a commercial service 
     airport in the United States who, by assaulting or 
     intimidating a Federal, airport, or air carrier employee who 
     has security duties within the airport, interferes with the 
     performance of the duties of the employee or lessens the 
     ability of the employee to perform those duties, shall be 
     fined under title 18, imprisoned for not more than 10 years, 
     or both. If the individual used a

[[Page S10713]]

     dangerous weapon in committing the assault, intimidation, or 
     interference, the individual may be imprisoned for any term 
     of years or life imprisonment.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     465 of such title is amended by inserting after the item 
     relating to section 46502 the following:
``46503. Interference with security screening personnel''.

     SEC. 115. SECURITY-RELATED STUDY BY FAA.

       Within 120 days after the date of enactment of this Act, 
     the Administrator of the Federal Aviation Administration 
     shall transmit to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure a report setting forth 
     the Administrator's findings and recommendations on the 
     following aviation security-related issues:
       (1) A requirement that individuals employed at an airport 
     with scheduled passenger service, and law enforcement 
     personnel at such an airport, be screened via electronic 
     identity verification or, until such verification is 
     possible, have their identity verified by visual inspection.
       (2) The installation of switches in the cabin for use by 
     cabin crew to notify the flight crew discreetly that there is 
     a security breach in the cabin.
       (3) A requirement that air carriers and airports revalidate 
     all employee identification cards using hologram stickers, 
     through card re-issuance, or through electronic revalidation.
       (4) The updating of the common strategy used by the 
     Administration, law enforcement agencies, air carriers, and 
     flight crews during hijackings to include measures to deal 
     with suicidal hijackers and other extremely dangerous events 
     not currently dealt with by the strategy.
       (5) The use of technology that will permit enhanced instant 
     communications and information between airborne passenger 
     aircraft and appropriate individuals or facilities on the 
     ground.

     SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.

       (a) In General.--Notwithstanding any provision of section 
     41309(a) of title 49, United States Code, to the contrary, 
     air carriers providing air transportation on flights which 
     both originate and terminate at points within the same State 
     may file an agreement, request, modification, or cancellation 
     of an agreement within the scope of that section with the 
     Secretary of Transportation upon a declaration by the 
     Governor of the State that such agreement, request, 
     modification, or cancellation is necessary to ensure the 
     continuing availability of such air transportation within 
     that State.
       (b) Approval of Secretary.--The Secretary may approve any 
     such agreement, request, modification, or cancellation and 
     grant an exemption under section 41308(c) of title 49, United 
     States Code, to the extent necessary to effectuate such 
     agreement, request, modification, or cancellation, without 
     regard to the provisions of section 41309(b) or (c) of that 
     title.
       (c) Public Interest Requirement.--The Secretary may approve 
     such an agreement, request, modification, or cancellation if 
     the Secretary determines that--
       (1) the State to which it relates has extraordinary air 
     transportation needs and concerns; and
       (2) approval is in the public interest.
       (d) Termination.--An approval under subsection (b) and an 
     exemption under section 41308(c) of title 49, United States 
     Code, granted under subsection (b) shall terminate on the 
     earlier of the 2 following dates:
       (1) A date established by the Secretary in the Secretary's 
     discretion.
       (2) October 1, 2002.
       (e) Extension.--Notwithstanding subsection (d), if the 
     Secretary determines that it is in the public interest, the 
     Secretary may extend the termination date under subsection 
     (d)(2) until a date no later than October 1, 2003.

     SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

       (a) In General.--In order to ensure that all airline 
     computer reservation systems maintained by United States air 
     carriers are secure from unauthorized access by persons 
     seeking information on reservations, passenger manifests, or 
     other non-public information, the Secretary of Transportation 
     shall require all such air carriers to utilize to the maximum 
     extent practicable the best technology available to secure 
     their computer reservation system against such unauthorized 
     access.
       (b) Report.--The Secretary shall transmit an annual report 
     to the Senate Committee on Commerce, Science, and 
     Transportation and to the House of Representatives Committee 
     on Transportation and Infrastructure on compliance by United 
     States air carriers with the requirements of subsection (a).

     SEC. 118. SECURITY FUNDING.

       (a) User Fee for Security Services.--
       (1) In general.--Chapter 481 is amended by adding at the 
     end thereof the following:

     ``Sec. 48114. User fee for security services charge

       ``(a) In General.--The Secretary of Transportation shall 
     collect a user fee from air carriers. Amounts collected under 
     this section shall be treated as offsetting collections to 
     offset annual appropriations for the costs of providing 
     aviation security services.
       ``(b) Amount of Fee.--Air carriers shall remit $2.50 for 
     each passenger enplanement.
       ``(c) Use Of Fees.--A fee collected under this section 
     shall be used solely for the costs associated with providing 
     aviation security services and may be used only to the extent 
     provided in advance in an appropriation law.''.
       (2) Clerical amendment.--The table of sections for chapter 
     481 is amended by adding at the end thereof the following:

``48114. User fee for security services''.
       (3) Effective Date.--The amendment made by paragraph (1) 
     shall apply with respect to transportation beginning after 
     the date which is 180 days after the date of enactment of 
     this Act.
       (b) Specific Authorization of Appropriations.--
       (1) In general.--Part C of subtitle VII of title 49, United 
     States Code, is amended by adding at the end the following:

               ``CHAPTER 483. AVIATION SECURITY FUNDING.

``Sec.
``48301. Aviation security funding

     ``Sec. 48301. Aviation security funding

       ``There are authorized to be appropriated for fiscal years 
     2002, 2003, and 2004, such sums as may be necessary to carry 
     out chapter 449 and related aviation security activities 
     under this title.''.
       (2) Conforming amendment.--The subtitle analysis for 
     subtitle VII of title 49, United States Code, is amended by 
     inserting after the item relating to chapter 482 the 
     following:

``483. Aviation Security Funding...........................48301''.....

     SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION 
                   SECURITY.

       (a) Limited Use of Airport Improvement Program Funds.--
       (1) Blanket authority.--Notwithstanding any provision of 
     law to the contrary, including any provision of chapter 471 
     of title 49, United States Code, or any rule, regulation, or 
     agreement thereunder, for fiscal year 2002 the Administrator 
     of the Federal Aviation Administration may permit an airport 
     operator to use amounts made available under that chapter to 
     defray additional direct security-related expenses imposed by 
     law or rule after September 11, 2001, for which funds are not 
     otherwise specifically appropriated or made available under 
     this or any other Act.
       (2) Airport development funds.--Section 47102(3) of title 
     49, United States Code, is amended by adding at the end the 
     following:
       ``(J) after September 11, 2001, and before October 1, 2002, 
     for fiscal year 2002, additional operational requirements, 
     improvement of facilities, purchase and deployment of 
     equipment, hiring, training, and providing appropriate 
     personnel, or an airport or any aviation operator at an 
     airport, that the Secretary determines will enhance and 
     ensure the security of passengers and other persons involved 
     in air travel.''.
       (3) allowable costs.--Section 47110(b)(2) of title 49, 
     United States Code, is amended--
       (A) by striking ``or'' in subparagraph (B);
       (B) by inserting ``or'' after ``executed;'' in subparagraph 
     (C); and
       (C) by adding at the end the following:
       ``(D) if the cost is incurred after September 11, 2001, for 
     a project described in section 47102(3)(J), and shall not 
     depend upon the date of execution of a grant agreement made 
     under this subchapter;''.
       (4) Discretionary grants.--Section 47115 of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(i) Considerations for Project under Expanded Security 
     Eligibility.--In order to assure that funding under this 
     subchapter is provided to the greatest needs, the Secretary, 
     in selecting a project described in section 47102(3)(J) for a 
     grant, shall consider the nonfederal resources available to 
     sponsor, the use of such nonfederal resources, and the degree 
     to which the sponsor is providing increased funding for the 
     project.''.
       (5) Federal share.--Section 47109(a) of title 49, United 
     States Code, is amended--
       (A) by striking ``and'' in paragraph (3);
       (B) by striking ``47134.'' in paragraph (4) and inserting 
     ``47134; and''; and
       (C) by adding at the end the following:
       ``(5) for fiscal year 2002, 100 percent for a project 
     described in section 47102(3)(J).''.
       (b) Apportioned Funds.--For the purpose of carrying out 
     section 47114 of title 49, United States Code, for fiscal 
     year 2003, the Secretary shall use, in lieu of passenger 
     boardings at an airport during the prior calendar year, the 
     greater of--
       (1) the number of passenger boardings at that airport 
     during 2000; or
       (2) the number of passenger boardings at that airport 
     during 2001.
       (c) Expedited Processing of Security-related PFC 
     Requests.--The Administrator of the Federal Aviation 
     Administration shall, to the extent feasible, expedite the 
     processing and approval of passenger facility fee requests 
     under subchapter I of chapter 471 of title 49, United States 
     Code, for projects described in section 47192(3)(J) of title 
     49, United States Code.

     SEC. 120. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF 
                   AIRPORTS FOR SECURITY MANDATES.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary for fiscal year 2002 to compensate 
     airport operators for eligible security costs.
       (b) Reimbursable Costs.--The Secretary may reimburse an 
     airport operator (from amounts made available for obligation 
     under subsection (a)) for the direct costs incurred

[[Page S10714]]

     by the airport operator in complying with new, additional, or 
     revised security requirements imposed on airport operators by 
     the Federal Aviation Administration on or after September 11, 
     2001.
       (c) Documentation of Costs; Audit.--The Secretary may not 
     reimburse an airport operator under this section for any cost 
     for which the airport operator does not demonstrate to the 
     satisfaction of the Secretary, using sworn financial 
     statements or other appropriate data, that--
       (1) the cost is eligible for reimbursement under subsection 
     (b); and
       (2) the cost was incurred by the airport operator.

     The Inspector General of the Department of Transportation and 
     the Comptroller General of the United States may audit such 
     statements and may request any other information that 
     necessary to conduct such an audit.
       (d) Claim Procedure.--Within 30 days after the date of 
     enactment of this Act, the Secretary, after consultation with 
     airport operators, shall publish in the Federal Register the 
     procedures for filing claims for reimbursement under this 
     section of eligible costs incurred by airport operators.

     SEC. 121. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS 
                   ACTIVITIES.

       (a) In General.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by inserting at the end the 
     following:

     ``Sec. 44940. Immunity for reporting suspicious activities

       ``(a) In General.--Any air carrier or foreign air carrier 
     or any employee of an air carrier or foreign air carrier who 
     makes a voluntary disclosure of any suspicious transaction 
     relevant to a possible violation of law or regulation, 
     relating to air piracy, a threat to aircraft or passenger 
     safety, or terrorism, as defined by section 3077 of title 18, 
     United States Code, to any employee or agent of the 
     Department of Transportation, the Department of Justice, any 
     Federal, State, or local law enforcement officer, or any 
     airport or airline security officer shall not be civilly 
     liable to any person under any law or regulation of the 
     United States, any constitution, law, or regulation of any 
     State or political subdivision of any State, for such 
     disclosure.
       ``(b) Application.--Subsection (a) shall not apply to--
       ``(1) any disclosure made with actual knowledge that the 
     disclosure was false, inaccurate, or misleading; or
       ``(2) any disclosure made with reckless disregard as to the 
     truth or falsity of that disclosure.

     ``Sec. 44941. Sharing security risk information

       ``The Attorney General, in consultation with the Deputy 
     Secretary for Transportation Security and the Director of the 
     Federal Bureau of Investigation, shall establish procedures 
     for notifying the Administrator of the Federal Aviation 
     Administration, and airport or airline security officers, of 
     the identity of persons known or suspected by the Attorney 
     General to pose a risk of air piracy or terrorism or a threat 
     to airline or passenger safety.''.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Attorney General shall report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House Committe on Transportation and 
     Infrastructure, and the Judiciary Committees of the Senate 
     and the House of Representatives on the implementation of the 
     procedures required under section 44941 of title 49, United 
     States Code, as added by this section.
       (c) Chapter Analysis.--The chapter analysis for chapter 449 
     of title 49, United States Code, is amended by inserting at 
     the end the following:

``44940. Immunity for reporting suspicious activities.
``44941. Sharing security risk information.''.

     SEC. 122. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.

       (a) National Institute of Justice Study.--The National 
     Institute of Justice shall assess the range of less-than-
     lethal weaponry available for use by a flight deck crewmember 
     temporarily to incapacitate an individual who presents a 
     clear and present danger to the safety of the aircraft, its 
     passengers, or individuals on the ground and report its 
     findings and recommendations to the Secretary of 
     Transportation within 90 days after the date of enactment of 
     this Act.
       Section 44903 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(h) Authority to Arm Flight Deck Crew with Less-Than-
     Lethal Weapons.--
       ``(1) In general.--If the Secretary, after receiving the 
     recommendations of the National Institute of Justice, 
     determines, with the approval of the Attorney General and the 
     Secretary of State, that it is appropriate and necessary and 
     would effectively serve the public interest in avoiding air 
     piracy, the Secretary may authorize members of the flight 
     deck crew on any aircraft providing air transportation or 
     intrastate air transportation to carry a less-than-lethal 
     weapon while the aircraft is engaged in providing such 
     transportation.
       ``(2) Usage.--If the Secretary grants authority under 
     paragraph (1) for flight deck crew members to carry a less-
     than-lethal weapon while engaged in providing air 
     transportation or intrastate air transportation, the 
     Secretary shall--
       ``(A) prescribe rules requiring that any such crew member 
     be trained in the proper use of the weapon; and
       ``(B) prescribe guidelines setting forth the circumstances 
     under which such weapons may be used.''.

     SEC. 123. MAIL AND FREIGHT WAIVERS.

       During a national emergency affecting air transportation or 
     intrastate air transportation, the Secretary of 
     Transportation, after consultation with the Aviation Security 
     Coordination Council, may grant a complete or partial waiver 
     of any restrictions on the carriage by aircraft of freight, 
     mail, emergency medical supplies, personnel, or patients on 
     aircraft, imposed by the Department of Transportation (or 
     other Federal agency or department) that would permit such 
     carriage of freight, mail, emergency medical supplies, 
     personnel, or patients on flights, to, from, or within States 
     with extraordinary air transportation needs or concerns if 
     the Secretary determines that the waiver is in the public 
     interest, taking into consideration the isolation of and 
     dependence on air transportation of such States. The 
     Secretary may impose reasonable limitations on any such 
     waivers.

     SEC. 124. SAFETY AND SECURITY OF ON-BOARD SUPPLIES.

       (a) In General.--The Secretary of Transportation shall 
     establish procedures to ensure the safety and integrity of 
     all supplies, including catering and passenger amenities, 
     placed aboard aircraft providing passenger air transportation 
     or intrastate air transportation.
       (b) Measures.--In carrying out subsection (a), the 
     Secretary may require--
       (1) security procedures for suppliers and their facilities;
       (2) the sealing of supplies to ensure easy visual detection 
     of tampering; and
       (3) the screening of personnel, vehicles, and supplies 
     entering secured areas of the airport or used in servicing 
     aircraft.

     SEC. 125. FLIGHT DECK SECURITY

       (a) Short Title.--This section may be cited as the ``Flight 
     Deck Security Act of 2001''.
       (b) Findings.--Congress makes the following findings:
       (1) On September 11, 2001, terrorists hijacked four 
     civilian aircraft, crashing two of the aircraft into the 
     towers of the World Trade Center in New York, New York, and a 
     third into the Pentagon outside Washington, District of 
     Columbia.
       (2) Thousands of innocent Americans and citizens of other 
     countries were killed or injured as a result of these 
     attacks, including the passengers and crew of the four 
     aircraft, workers in the World Trade Center and in the 
     Pentagon, rescue workers, and bystanders.
       (3) These attacks destroyed both towers of the World Trade 
     Center, as well as adjacent buildings, and seriously damaged 
     the Pentagon.
       (4) These attacks were by far the deadliest terrorist 
     attacks ever launched against the United States and, by 
     targeting symbols of America, clearly were intended to 
     intimidate our Nation and weaken its resolve.
       (5) Armed pilots, co-pilots, and flight engineers with 
     proper training will be the last line of defense against 
     terrorist by providing cockpit security and aircraft 
     security.
       (6) Secured doors separating the flight deck from the 
     passenger cabin have been effective in deterring hijackings 
     in other nations and will serve as a deterrent to future 
     contemplated acts of terrorism in the United States.
       (c) Aviation Safety and the Suppression of Terrorism by 
     Commercial Aircraft.--
       (1) Possession of firearms on commercial flights.--The 
     Federal Aviation Administration (FAA) is authorized to permit 
     a pilot, co-pilot, or flight engineer of a commercial 
     aircraft who has successfully completed the requirements of 
     paragraph (2), or who is not otherwise prohibited by law from 
     possessing a firearm, from possessing or carrying a firearm 
     approved by the FAA for the protection of the aircraft under 
     procedures or regulations as necessary to ensure the safety 
     and integrity of flight.
       (2)  Federal pilot officers.--(A) In addition to the 
     protections provided by paragraph (1), the FAA shall also 
     establish a voluntary program to train and supervise 
     commercial airline pilots.
       (B) Under the program, the FAA shall make available 
     appropriate training and supervision for all such pilots, 
     which may include training by private entities.
       (C) The power granted to such persons shall be limited to 
     enforcing Federal law in the cockpit of commercial aircraft 
     and, under reasonable circumstances the passenger compartment 
     to protect the integrity of the commercial aircraft and the 
     lives of the passengers.
       (D) The FAA shall make available appropriate training to 
     any qualified pilot who requests such training pursuant to 
     this title.
       (E) The FAA may prescribe regulations for purposes of this 
     section.
       (d) Reports to Congress.--Not later than six months after 
     the date of the enactment of this Act, and every six months 
     thereafter, the Secretary of Transportation shall submit to 
     Congress a report on the effectiveness of the requirements in 
     this section in facilitating commercial aviation safety and 
     the suppression of terrorism by commercial aircraft.

     SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

       Section 44703(g) of title 49, United States Code, is 
     amended--
       (1) in the first sentence of paragraph (1)--

[[Page S10715]]

       (A) by striking ``pilots'' and inserting ``airmen''; and
       (B) by striking the period and inserting ``and related to 
     combating acts of terrorism.''; and
       (2) by adding at the end, the following new paragraphs:
       ``(3) For purposes of this section, the term `acts of 
     terrorism' means an activity that involves a violent act or 
     an act dangerous to human life that is a violation of the 
     criminal laws of the United States or of any State, or that 
     would be a criminal violation if committed within the 
     jurisdiction of the United States or of any State, and 
     appears to be intended to intimidate or coerce a civilian 
     population to influence the policy of a government by 
     intimidation or coercion or to affect the conduct of a 
     government by assassination or kidnaping.
       ``(4) The Administrator is authorized and directed to work 
     with State and local authorities, and other Federal agencies, 
     to assist in the identification of individuals applying for 
     or holding airmen certificates.''.

     SEC. 127. RESULTS-BASED MANAGEMENT.

       Subchapter II of chapter 449 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 44942. Performance Goals and Objectives

       ``(a) Short Term Transition.--
       ``(1) In general.--Within 60 days of enactment, the Deputy 
     Secretary for Transportation Security shall, in consultation 
     with Congress--
       ``(A) establish acceptable levels of performance for 
     aviation security, including screening operations and access 
     control, and
       ``(B) provide Congress with an action plan, containing 
     measurable goals and milestones, that outlines how those 
     levels of performance will be achieved.
       ``(2) Basics of action plan.--The action plan shall clarify 
     the responsibilities of the Department of Transportation, the 
     Federal Aviation Administration and any other agency or 
     organization that may have a role in ensuring the safety and 
     security of the civil air transportation system.
       ``(b) Long-Term Results-Based Management.--
       ``(1) Performance plan and report.--
       ``(A) Performance plan.--(i) Each year, consistent with the 
     requirements of the Government Performance and Results Act of 
     1993 (GPRA), the Secretary and the Deputy Secretary for 
     Transportation Security shall agree on a performance plan for 
     the succeeding 5 years that establishes measurable goals and 
     objectives for aviation security. The plan shall identify 
     action steps necessary to achieve such goals.
       ``(ii) In addition to meeting the requirements of GPRA, the 
     performance plan shall clarify the responsibilities of the 
     Secretary, the Deputy Secretary for Transportation Security 
     and any other agency or organization that may have a role in 
     ensuring the safety and security of the civil air 
     transportation system.
       ``(iii) The performance plan shall be available to the 
     public. The Deputy Secretary for Transportation Security may 
     prepare a nonpublic appendix covering performance goals and 
     indicators that, if revealed to the public, would likely 
     impede achievement of those goals and indicators.
       ``(B) Performance report.--(i) Each year, consistent with 
     the requirements of GPRA, the Deputy Secretary for 
     Transportation Security shall prepare and submit to Congress 
     an annual report including an evaluation of the extent goals 
     and objectives were met. The report shall include the results 
     achieved during the year relative to the goals established in 
     the performance plan.
       ``(ii) The performance report shall be available to the 
     public. The Deputy Secretary for Transportation Security may 
     prepare a nonpublic appendix covering performance goals and 
     indicators that, if revealed to the public, would likely 
     impede achievement of those goals and indicators.

     ``Sec. 44943. Performance Management System

       ``(a) Establishing a Fair and Equitable System for 
     Measuring Staff Performance.--The Deputy Secretary for 
     Transportation Security shall establish a performance 
     management system which strengthens the organization's 
     effectiveness by providing for the establishment of goals and 
     objectives for managers, employees, and organizational 
     performance consistent with the performance plan.
       ``(b) Establishing Management Accountability for Meeting 
     Performance Goals.--(1) Each year, the Secretary and Deputy 
     Secretary for Transportation Security shall enter into an 
     annual performance agreement that shall set forth 
     organizational and individual performance goals for the 
     Deputy Secretary.
       ``(2) Each year, the Deputy Secretary for Transportation 
     Security and each senior manager who reports to the Deputy 
     Secretary for Transportation Security shall enter into an 
     annual performance agreement that sets forth organization and 
     individual goals for those managers. All other employees 
     hired under the authority of the Deputy Secretary for 
     Transportation Security shall enter into an annual 
     performance agreement that sets forth organization and 
     individual goals for those employees.
       ``(c) Compensation for the Deputy Secretary for 
     Transportation Security.--
       ``(1) In general.--The Deputy Secretary for Transportation 
     Security is authorized to be paid at an annual rate of pay 
     payable to level II of the Executive Schedule.
       ``(2) Bonuses or other incentives.--In addition, the Deputy 
     Secretary for Transportation Security may receive bonuses or 
     other incentives, based upon the Secretary's evaluation of 
     the Deputy Secretary's performance in relation to the goals 
     set forth in the agreement. Total compensation cannot exceed 
     the Secretary's salary.
       ``(d) Compensation for Managers and Other Employees.--
       ``(1) In general.--A senior manager reporting directly to 
     the Deputy Secretary for Transportation Security may be paid 
     at an annual rate of basic pay of not more than the maximum 
     rate of basic pay for the Senior Executive Service under 
     section 5382 of title 5, United States Code.
       ``(2) Bonuses or other incentives.--In addition, senior 
     managers can receive bonuses or other incentives based on the 
     Deputy Secretary for Transportation Security's evaluation of 
     their performance in relation to goals in agreements. Total 
     compensation cannot exceed 125 percent of the maximum rate of 
     base pay for the Senior Executive Service. Further, the 
     Deputy Secretary for Transportation Security shall establish, 
     within the performance management system, a program allowing 
     for the payment of bonuses or other incentives to other 
     managers and employees. Such a program shall provide for 
     bonuses or other incentives based on their performance.
       ``(e) Performance-Based Service Contracting.--To the extent 
     contracts, if any, are used to implement the Aviation 
     Security Act, the Deputy Secretary for Transportation 
     Security shall, to the extent practical, maximize the use of 
     performance-based service contracts. These contracts should 
     be consistent with guidelines published by the Office of 
     Federal Procurement Policy.''.

     SEC. 128. USE OF FACILITIES.

       (a) Employoment Register.--Notwithstanding any other 
     provision of law, the Secretary of Transportation shall 
     establish and maintain an employment register.
       (b) Training Facility.--The Secretary of Transportation 
     may, where feasible, use the existing Federal Aviation 
     Administration's training facilities, to design, develop, or 
     conduct training of security screening personnel.

     SEC. 129. REPORT ON NATIONAL AIR SPACE RESTRICTIONS PUT IN 
                   PLACE AFTER TERRORIST ATTACKS THAT REMAIN IN 
                   PLACE.

       (a) Report.--Within 30 days of the enactment of this Act, 
     the President shall submit to the committees of Congress 
     specified in subsection (b) a report containing--
       (1) a description of each restriction, if any, on the use 
     of national airspace put in place as a result of the 
     September 11, 2001, terrorist attacks that remains in place 
     as of the date of the enactment of this Act; and
       (2) a justification for such restriction remaining in 
     place.
       (b) Committees of Congress.--The committees of Congress 
     specified in this subsection are the following:
       (1) The Select Committee on Intelligence of the Senate.
       (2) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (3) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (4) The Committee on Transportation and Infrastructure of 
     the House of Representatives.

     SEC. 130. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING 
                   COMMERCIAL FLIGHTS.

       (a) Program for Provision of Voluntary Services.--
       (1) Program.--The Secretary of Transportation shall carry 
     out a program to permit qualified law enforcement officers, 
     firefighters, and emergency medical technicians to provide 
     emergency services on commercial air flights during 
     emergencies.
       (2) Requirements.--The Secretary shall establish such 
     requirements for qualifications of providers of voluntary 
     services under the program under paragraph (1), including 
     training requirements, as the Secretary considers 
     appropriate.
       (3) Confidentiality of registry.--If as part of the program 
     under paragraph (1) the Secretary requires or permits 
     registration of law enforcement officers, firefighters, or 
     emergency medical technicians who are willing to provide 
     emergency services on commercial flights during emergencies, 
     the Secretary shall take appropriate actions to ensure that 
     the registry is available only to appropriate airline 
     personnel and otherwise remains confidential.
       (4) Consultation.--The Secretary shall consult with 
     appropriate representatives of the commercial airline 
     industry, and organizations representing community-based law 
     enforcement, firefighters, and emergency medical technicians, 
     in carrying out the program under paragraph (1), including 
     the actions taken under paragraph (3).
       (b) Protection from Liability.--
       (1) In general.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 44944. Exemption of volunteers from liability

       ``(a) In General.--An individual shall not be liable for 
     damages in any action brought in a Federal or State court 
     that arises from an act or omission of the individual in 
     providing or attempting to provide assistance in the case of 
     an inflight emergency in an aircraft of an air carrier if the 
     individual meets such qualifications as the Secretary shall 
     prescribe for purposes of this section.
       ``(b) Exception.--The exemption under subsection (a) shall 
     not apply in any case in

[[Page S10716]]

     which an individual provides, or attempts to provide, 
     assistance described in that paragraph in a manner that 
     constitutes gross negligence or willful misconduct.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``44944. Exemption of volunteers from liability.''.
       (c) Construction Regarding Possession of Firearms.--Nothing 
     in this section may be construed to require any modification 
     of regulations of the Department of Transportation governing 
     the possession of firearms while in aircraft or air 
     transportation facilities or to authorize the possession of a 
     firearm in an aircraft or any such facility not authorized 
     under those regulations.

     SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.

       (a) Security for Larger Aircraft.--
       (1) Program required.--Not later than 90 days after the 
     date of the enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall commence implementation 
     of a program to provide security screening for all aircraft 
     operations conducted with respect to any aircraft having a 
     maximum certified takeoff weight of more than 12,500 pounds 
     that is not operating as of the date of the implementation of 
     the program under security procedures prescribed by the 
     Administrator.
       (2) Waiver.--
       (A) Authority to waive.--The Administrator may waive the 
     applicability of the program under this section with respect 
     to any aircraft or class of aircraft otherwise described by 
     this section if the Administrator determines that aircraft 
     described in this section can be operated safely without the 
     applicability of the program to such aircraft or class of 
     aircraft, as the case may be.
       (B) Limitations.--A waiver under subparagraph (A) may not 
     go into effect--
       (i) unless approved by the Secretary of Transportation; and
       (ii) until 10 days after the date on which notice of the 
     waiver has been submitted to the appropriate committees of 
     Congress.
       (3) Program elements.--The program under paragraph (1) 
     shall require the following:
       (A) The search of any aircraft covered by the program 
     before takeoff.
       (B) The screening of all crew members, passengers, and 
     other persons boarding any aircraft covered by the program, 
     and their property to be brought on board such aircraft, 
     before boarding.
       (4) Procedures for searches and screening.--The 
     Administrator shall develop procedures for searches and 
     screenings under the program under paragraph (1). Such 
     procedures may not be implemented until approved by the 
     Secretary.
       (b) Security for Smaller Aircraft.--
       (1) Program required.--Not later than one year after the 
     date of the enactment of this Act, the Administrator shall 
     commence implementation of a program to provide security for 
     all aircraft operations conducted with respect to any 
     aircraft having a maximum certified takeoff weight of 12,500 
     pounds or less that is not operating as of the date of the 
     implementation of the program under security procedures 
     prescribed by the Administrator. The program shall address 
     security with respect to crew members, passengers, baggage 
     handlers, maintenance workers, and other individuals with 
     access to aircraft covered by the program, and to baggage.
       (2) Report on program.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     a proposal for the program to be implemented under paragraph 
     (1).
       (c) Background Checks for Aliens Engaged in Certain 
     Transactions Regarding Aircraft.--
       (1) Requirement.--Notwithstanding any other provision of 
     law and subject to paragraph (2), no person or entity may 
     sell, lease, or charter any aircraft to an alien, or any 
     other individual specified by the Secretary for purposes of 
     this subsection, within the United States unless the Attorney 
     General issues a certification of the completion of a 
     background investigation of the alien, or other individual, 
     as the case may be, that meets the requirements of section 
     44939(b) of title 49, United States Code, as added by section 
     111 of this title.
       (2) Expiration.--The prohibition in paragraph (1) shall 
     expire as follows:
       (A) In the case of an aircraft having a maximum certified 
     takeoff weight of more than 12,500 pounds, upon 
     implementation of the program required by subsection (a).
       (B) In the case of an aircraft having a maximum certified 
     takeoff weight of 12,500 pounds or less, upon implementation 
     of the program required by subsection (b).
       (3) Alien defined.--In this subsection, the term ``alien'' 
     has the meaning given that term in section 44939(f) of title 
     49, United States Code, as so added.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Commerce of the House of 
     Representatives.

     SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

       (a) In General.--Not later than September 30, 2002, the 
     Assistant Administrator for Civil Aviation Security shall 
     review and make a determination on the feasibility of 
     implementing technologies described in subsection (b).
       (b) Technologies Described.--The technologies described in 
     this subsection are technologies that are--
       (1) designed to protect passengers, aviation employees, air 
     cargo, airport facilities, and airplanes; and
       (2) material specific and able to automatically and non-
     intrusively detect, without human interpretation and without 
     regard to shape or method of concealment, explosives, illegal 
     narcotics, hazardous chemical agents, and nuclear devices.

     SEC. 133. REPORT ON NEW RESPONSIBILITIES OF THE DEPARTMENT OF 
                   JUSTICE FOR AVIATION SECURITY.

       Not later than 120 days after the date of enactment of this 
     Act, the Attorney General shall report to the House Committee 
     on the Judiciary, the Senate Committee on the Judiciary, the 
     House Committee on Transportation and Infrastructure, and the 
     Senate Committee on Commerce, Science, and Transportation on 
     the new responsibilities of the Department of Justice for 
     aviation security under this title.

     SEC. 134. DEFINITIONS.

       Except as otherwise explicitly provided, any term used in 
     this title that is defined in section 40102 of title 49, 
     United States Code, has the meaning given that term in that 
     section.

         TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

  Subtitle A--Expanded Deployment and Utilization of Current Security 
                      Technologies and Procedures

     SEC. 201. EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall require that employment investigations, 
     including criminal history record checks, for all individuals 
     described in section 44936(a)(1) of title 49, United States 
     Code, who are existing employees, at airports regularly 
     serving an air carrier holding a certificate issued by the 
     Secretary of Transportation, should be completed within 9 
     months unless such individuals have had such investigations 
     and checks within 5 years of the date of enactment of this 
     Act. The Administrator shall devise an alternative method for 
     background checks for a person applying for any airport 
     security position who has lived in the United States less 
     than 5 years and shall have such alternative background check 
     in place as soon as possible. The Administrator shall work 
     with the International Civil Aviation Organization and with 
     appropriate authorities of foreign governments in devising 
     such alternative method.
       (b) Explosive Detection.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall deploy and oversee the usage of existing 
     bulk explosives detection technology already at airports for 
     checked baggage. Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall establish 
     confidential goals for--
       (A) deploying by a specific date all existing bulk 
     explosives detection scanners purchased but not yet deployed 
     by the Federal Aviation Administration;
       (B) a specific percentage of checked baggage to be scanned 
     by bulk explosives detection machines within 6 months, and 
     annual goals thereafter with an eventual goal of scanning 100 
     percent of checked baggage; and
       (C) the number of new bulk explosives detection machines 
     that will be purchased by the Federal Aviation Administration 
     for deployment at the Federal Aviation Administration-
     identified midsized airports within 6 months.
       (2) Use of funds.--For purposes of carrying out this 
     subtitle, airport operators may use funds available under the 
     Airport Improvement Program described in chapter 471 of title 
     49, United States Code, to reconfigure airport baggage 
     handling areas to accommodate the equipment described in 
     paragraph (1), if necessary. Not later than 12 months after 
     the date of enactment of this Act, and annually thereafter, 
     the Administrator shall report, on a confidential basis, to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and progress the 
     Administration is making in achieving those goals described 
     in paragraph (1).
       (3) Airport development.--Section 47102(3)(B) of title 49, 
     United States Code, is amended--
       (A) by striking ``and'' at the end of clause (viii);
       (B) by striking the period at the end of clause (ix) and 
     inserting ``; and''; and
       (C) by inserting after clause (ix) the following new 
     clause:
       ``(x) replacement of baggage conveyor systems, and 
     reconfiguration of terminal luggage areas, that the Secretary 
     determines are necessary to install bulk explosive detection 
     devices.''.
       (c) Bag Matching System.--The Administrator of the Federal 
     Aviation Administration shall require air carriers to improve 
     the passenger bag matching system. Not later than 60 days 
     after the date of enactment of this Act, the Administrator 
     shall establish goals for upgrading the Passenger Bag

[[Page S10717]]

     Matching System, including interim measures to match a higher 
     percentage of bags until Explosives Detection Systems are 
     used to scan 100 percent of checked baggage. The 
     Administrator shall report, on a confidential basis, to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and the progress made in 
     achieving those goals within 12 months after the date of 
     enactment of this Act.
       (d) Computer-Assisted Passenger Prescreening.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall require air carriers to expand the 
     application of the current Computer-Assisted Passenger 
     Prescreening System (CAPPS) to all passengers, regardless of 
     baggage. Passengers selected under this system shall be 
     subject to additional security measures, including checks of 
     carry-on baggage and person, before boarding.
       (2) Report.--The Administrator shall report back to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives within 3 
     months of the date of enactment of this Act on the 
     implementation of the expanded CAPPS system.

 Subtitle B--Short-Term Assessment and Deployment of Emerging Security 
                      Technologies and Procedures

     SEC. 211. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       Section 44903 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(i) Short-Term Assessment and Deployment of Emerging 
     Security Technologies and Procedures.--
       ``(1) In General.--The Deputy Secretary for Transportation 
     Security shall recommend to airport operators, within 6 
     months after the date of enactment of this Act, commercially 
     available measures or procedures to prevent access to secure 
     airport areas by unauthorized persons. As part of the 6-month 
     assessment, the Deputy Secretary for Transportation Security 
     shall--
       ``(A) review the effectiveness of biometrics systems 
     currently in use at several United States airports, including 
     San Francisco International;
       ``(B) review the effectiveness of increased surveillance at 
     access points;
       ``(C) review the effectiveness of card- or keypad-based 
     access systems;
       ``(D) review the effectiveness of airport emergency exit 
     systems and determine whether those that lead to secure areas 
     of the airport should be monitored or how breaches can be 
     swiftly responded to; and
       ``(E) specifically target the elimination of the ``piggy-
     backing'' phenomenon, where another person follows an 
     authorized person through the access point.

     The 6-month assessment shall include a 12-month deployment 
     strategy for currently available technology at all category X 
     airports, as defined in the Federal Aviation Administration 
     approved air carrier security programs required under part 
     108 of title 14, Code of Federal Regulations. Not later than 
     18 months after the date of enactment of this Act, the 
     Secretary of Transportation shall conduct a review of 
     reductions in unauthorized access at these airports.
       ``(2) 90-Day Review.--
       ``(A) In general.--The Deputy Secretary for Transportation 
     Security, as part of the Aviation Security Coordination 
     Council, shall conduct a 90-day review of--
       ``(i) currently available or short-term deployable upgrades 
     to the Computer-Assisted Passenger Prescreening System 
     (CAPPS); and
       ``(ii) deployable upgrades to the coordinated distribution 
     of information regarding persons listed on the ``watch list'' 
     for any Federal law enforcement agencies who could present an 
     aviation security threat.
       ``(B) Deployment of upgrades.--The Deputy Secretary for 
     Transportation Security shall commence deployment of 
     recommended short-term upgrades to CAPPS and to the 
     coordinated distribution of ``watch list'' information within 
     6 months after the date of enactment of this Act. Within 18 
     months after the date of enactment of this Act, the Deputy 
     Secretary for Transportation Security shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Government Accounting Office, and the Inspector General of 
     the Department of Transportation, on progress being made in 
     deploying recommended upgrades.
       ``(3) Study.--The Deputy Secretary for Transportation 
     Security shall conduct a study of options for improving 
     positive identification of passengers at check-in counters 
     and boarding areas, including the use of biometrics and 
     ``smart'' cards. Within 6 months after the date of enactment 
     of this Act, the Deputy Secretary shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     feasibility and costs of implementing each identification 
     method and a schedule for requiring air carriers to deploy 
     identification methods determined to be effective.''.

  Subtitle C--Research and Development of Aviation Security Technology

     SEC. 221. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY 
                   TECHNOLOGY.

       (a) Funding.--To augment the programs authorized in section 
     44912(a)(1) of title 49, United States Code, there is 
     authorized to be appropriated an additional $50,000,000 for 
     each of fiscal years 2002 through 2006 and such sums as are 
     necessary for each fiscal year thereafter to the Federal 
     Aviation Administration, for research, development, testing, 
     and evaluation of the following technologies which may 
     enhance aviation security in the future. Grants to industry, 
     academia, and Government entities to carry out the provisions 
     of this section shall be available for fiscal years 2002 and 
     2003 for--
       (1) the acceleration of research, development, testing, and 
     evaluation of explosives detection technology for checked 
     baggage, specifically, technology that is--
       (A) more cost-effective for deployment for explosives 
     detection in checked baggage at small- to medium-sized 
     airports, and is currently under development as part of the 
     Argus research program at the Federal Aviation 
     Administration;
       (B) faster, to facilitate screening of all checked baggage 
     at larger airports; or
       (C) more accurate, to reduce the number of false positives 
     requiring additional security measures;
       (2) acceleration of research, development, testing, and 
     evaluation of new screening technology for carry-on items to 
     provide more effective means of detecting and identifying 
     weapons, explosives, and components of weapons of mass 
     destruction, including advanced x-ray technology;
       (3) acceleration of research, development, testing, and 
     evaluation of threat screening technology for other 
     categories of items being loaded onto aircraft, including 
     cargo, catering, and duty-free items;
       (4) acceleration of research, development, testing, and 
     evaluation of threats carried on persons boarding aircraft or 
     entering secure areas, including detection of weapons, 
     explosives, and components of weapons of mass destruction;
       (5) acceleration of research, development, testing and 
     evaluation of integrated systems of airport security 
     enhancement, including quantitative methods of assessing 
     security factors at airports selected for testing such 
     systems;
       (6) expansion of the existing program of research, 
     development, testing, and evaluation of improved methods of 
     education, training, and testing of key airport security 
     personnel; and
       (7) acceleration of research, development, testing, and 
     evaluation of aircraft hardening materials, and techniques to 
     reduce the vulnerability of aircraft to terrorist attack.
       (b) Grants.--Grants awarded under this subtitle shall 
     identify potential outcomes of the research, and propose a 
     method for quantitatively assessing effective increases in 
     security upon completion of the research program. At the 
     conclusion of each grant, the grant recipient shall submit a 
     final report to the Federal Aviation Administration that 
     shall include sufficient information to permit the 
     Administrator to prepare a cost-benefit analysis of potential 
     improvements to airport security based upon deployment of the 
     proposed technology. The Administrator shall begin awarding 
     grants under this subtitle within 90 days of the date of 
     enactment of this Act.
       (c) Budget Submission.--A budget submission and detailed 
     strategy for deploying the identified security upgrades 
     recommended upon completion of the grants awarded under 
     subsection (b), shall be submitted to Congress as part of the 
     Department of Transportation's annual budget submission.
       (d) Defense Research.--There is authorized to be 
     appropriated $20,000,000 to the Federal Aviation 
     Administration to issue research grants in conjunction with 
     the Defense Advanced Research Projects Agency. Grants may be 
     awarded under this section for--
       (1) research and development of longer-term improvements to 
     airport security, including advanced weapons detection;
       (2) secure networking and sharing of threat information 
     between Federal agencies, law enforcement entities, and other 
     appropriate parties;
       (3) advances in biometrics for identification and threat 
     assessment; or
       (4) other technologies for preventing acts of terrorism in 
     aviation.

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