Congressional Record, Volume 147 Issue 152 (Tuesday, November 6, 2001)

[Congressional Record Volume 147, Number 152 (Tuesday, November 6, 2001)]
[House]
[Pages H7754-H7779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AVIATION SECURITY ACT

Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent to take
from the Speaker's table the Senate bill (S. 1447) to improve aviation
security, and for other purposes, and ask for its immediate
consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.
The Clerk read the Senate bill, as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

TITLE I--AVIATION SECURITY

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

TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

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

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

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

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

Subtitle C--Research and Development of Aviation Security Technology

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

TITLE I--AVIATION SECURITY

SEC. 101. FINDINGS.

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

SEC. 102. TRANSPORTATION SECURITY FUNCTION.

(a) In General.--Section 102 of title 49, United States
Code, is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g); and
(2) by inserting after subsection (c) the following:
``(d) Deputy Secretary for Transportation Security.--
``(1) In general.--The Department has a Deputy Secretary
for Transportation Security, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Deputy Secretary for Transportation Security shall carry
out duties and powers prescribed by the Secretary relating to
security for all modes of transportation.
``(2) Aviation-related duties.--The Deputy Secretary--
``(A) shall coordinate and direct, as appropriate, the
functions and responsibilities of the Secretary of
Transportation and the Administrator of the Federal Aviation
Administration under chapter 449;
``(B) shall work in conjunction with the Administrator of
the Federal Aviation Administration with respect to any
actions or activities that may affect aviation safety or air
carrier operations; and
``(C) shall actively cooperate and coordinate with the
Attorney General, the Secretary of Defense, and the heads of
other appropriate Federal agencies and departments with
responsibilities for national security and criminal justice
enforcement activities that are related to aviation security
through the Aviation Security Coordination Council.
``(3) National emergency responsibilities.--Subject to the
direction and control of the Secretary, the Deputy Secretary
shall have the following responsibilities:
``(A) To coordinate domestic transportation during a
national emergency, including aviation, rail, and other
surface transportation, and maritime transportation
(including port security).
``(B) To coordinate and oversee during a national emergency
the transportation-related responsibilities of other
departments and agencies of the Federal Government other than
the Department of Defense and the military departments.
``(C) To establish uniform national standards and practices
for transportation during a national emergency.
``(D) To coordinate and provide notice to other departments
and agencies of the Federal Government, and appropriate
agencies of State and local governments, including
departments and agencies for transportation, law enforcement,
and border control, about threats to transportation during a
national emergency.
``(E) To carry out such other duties, and exercise such
other powers, relating to transportation during a national
emergency as the Secretary of Transportation shall prescribe.
``(4) Relationship to other transportation authority.--The
authority of the

[[Page H7755]]

Deputy Secretary under paragraph (3) to coordinate and
oversee transportation and transportation-related
responsibilities during a national emergency shall not
supersede the authority of any other department or agency of
the Federal Government under law with respect to
transportation or transportation-related matters, whether or
not during a national emergency.
``(5) Annual report.--The Deputy Secretary shall submit to
the Congress on an annual basis a report on the activities of
the Deputy Secretary under paragraph (3) during the preceding
year.
``(6) National emergency.--The Secretary of Transportation
shall prescribe the circumstances constituting a national
emergency for purposes of paragraph (3).''.
(b) Attorney General Responsibilities.--The Attorney
General of the United States--
(1) is responsible for day-to-day Federal security
screening operations for passenger air transportation or
intrastate air transportation under sections 44901 and 44935
of title 49, United States Code;
(2) shall work in conjunction with the Administrator of the
Federal Aviation Administration with respect to any actions
or activities that may affect aviation safety or air carrier
operations;
(3) is responsible for hiring and training personnel to
provide security screening at all United States airports
involved in passenger air transportation or intrastate air
transportation, in consultation with the Secretary of
Transportation, the Secretary of Defense, and the heads of
other appropriate Federal agencies and departments; and
(4) shall actively cooperate and coordinate with the
Secretary of Transportation, the Secretary of Defense, and
the heads of other appropriate Federal agencies and
departments with responsibilities for national security and
criminal justice enforcement activities that are related to
aviation security through the Aviation Security Coordination
Council.
(c) Review and Development of Ways To Strengthen
Security.--Section 44932(c) of title 49, United States Code,
is amended--
(1) by striking ``x-ray'' in paragraph (4);
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking ``passengers.'' in paragraph (5) and
inserting ``passengers;''; and
(4) by adding at the end the following:
``(6) to strengthen and enhance the ability to detect
nonexplosive weapons, such as biological, chemical, or
similar substances; and
``(7) to evaluate such additional measures as may be
appropriate to enhance physical inspection of passengers,
luggage, and cargo.''.
(d) Transition.--Until the Deputy Secretary for
Transportation Security takes office, the functions of the
Deputy Secretary that relate to aviation security shall be
carried out by the Assistant Administrator for Civil Aviation
Security of the Federal Aviation Administration.

SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.

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

SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

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

SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

(a) Air Marshals Under Attorney General Guidelines.--The
Attorney General shall prescribe guidelines for the training
and deployment of individuals authorized, with the approval
of the Attorney General, to carry firearms and make arrests
under section 44903(d) of title 49, United States Code. The
Secretary of Transportation shall administer the air marshal
program under that section in accordance with the guidelines
prescribed by the Attorney General.
(b) Deployment.--Section 44903(d) of title 49, United
States Code, is amended--
(1) by inserting ``(1)'' before ``With'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B); and
(3) by adding at the end the following:
``(2) The Secretary--
``(A) may place Federal air marshals on every scheduled
passenger flight in air transportation and intrastate air
transportation; and
``(B) shall place them on every such flight determined by
the Secretary to present high security risks.
``(3) In making the determination under paragraph (2)(B),
nonstop longhaul flights, such as those targeted on September
11, 2001, should be a priority.''.
(c) Training, Supervision, and Flight Assignment.--Within
30 days after the date of enactment of this Act, the
Secretary of Transportation, under the authority of
subsections (d) and (e) of section 44903 of title 49, United
States Code, shall--
(1) provide for deployment of Federal air marshals on
flights in air transportation and intrastate air
transportation;
(2) provide for appropriate background and fitness checks
for candidates for appointment as Federal air marshals;
(3) provide for appropriate training, supervision, and
equipment of Federal air marshals; and
(4) require air carriers to provide seating for Federal air
marshals on any flight without regard to the availability of
seats on that flight.
(d) International Flights.--The Secretary shall work with
the International Civil Aviation Organization and with
appropriate civil aviation authorities of foreign governments
under section 44907 of title 49, United States Code, to
address security concerns on flights by foreign air carriers
to and from the United States.
(e) Interim Measures.--The Secretary may, after
consultation with the heads of other Federal agencies and
departments, use personnel from those agencies and
departments to provide air marshal service on domestic and
international flights, and may use the authority provided by
section 324 of title 49, United States Code, for such
purpose.
(f) Reports.--
(1) In general.--The Attorney General and the Secretary of
Transportation shall submit the following reports in
classified form, if necessary, to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure:
(A) Within 18 months after the date of enactment of this
Act, an assessment of the program carried out under section
44903(d) of title 49, United States Code.
(B) Within 120 days after such date, an assessment of the
effectiveness of the security screening process for carry-on
baggage and checked baggage.

[[Page H7756]]

(C) Within 6 months after the date of enactment of this
Act, an assessment of the safety and security-related
training provided to flight and cabin crews.
(2) Recommendations.--The Attorney General and the
Secretary may submit, as part of any report under this
subsection or separately, any recommendations they may have
for improving the effectiveness of the Federal air marshal
program or the security screening process.
(g) Cooperation with Other Agencies.--The last sentence of
section 106(m) of title 49, United States Code, is amended by
striking ``supplies and'' and inserting ``supplies,
personnel, services, and''.
(h) Authority To Appoint Retired Law Enforcement
Officers.--Notwithstanding any other provision of law, the
Secretary of Transportation may appoint an individual who is
a retired law enforcement officer or a retired member of the
Armed Forces as a Federal air marshal, regardless of age, or
an individual discharged or furloughed from a commercial
airline cockpit crew position, if the individual otherwise
meets the background and fitness qualifications required for
Federal air marshals.

SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.

(a) In General.--Section 44903 of title 49, United States
Code, is amended by adding at the end the following:
``(h) Improved Airport Perimeter Access Security.--
``(1) In general.--The Secretary of Transportation, in
consultation with the airport operator and law enforcement
authorities, may order the deployment of such personnel at
any secure area of the airport as necessary to counter the
risk of criminal violence, the risk of aircraft piracy at the
airport, the risk to air carrier aircraft operations at the
airport, or to meet national security concerns.
``(2) Security of aircraft and ground access to secure
areas.--In determining where to deploy such personnel, the
Secretary shall consider the physical security needs of air
traffic control facilities, parked aircraft, aircraft
servicing equipment, aircraft supplies (including fuel),
automobile parking facilities within airport perimeters or
adjacent to secured facilities, and access and transition
areas at airports served by other means of ground or water
transportation. The Secretary of Transportation, after
consultation with the Aviation Security Coordination Council,
shall consider whether airport, air carrier personnel, and
other individuals with access to such areas should be
screened to prevent individuals who present a risk to
aviation security or national security from gaining access to
such areas.
``(3) Deployment of federal law enforcement personnel.--The
Secretary of Transportation may enter into a memorandum of
understanding or other agreement with the Attorney General or
the head of any other appropriate Federal law enforcement
agency to deploy Federal law enforcement personnel at an
airport in order to meet aviation safety and security
concerns.''.
(b) Small and Medium Airports.--The Administrator of the
Federal Aviation Administration shall develop a plan to
provide technical support to small and medium airports to
enhance security operations, including screening operations,
and to provide financial assistance to those airports to
defray the costs of enhancing security. The Federal Aviation
Administration in consultation with the appropriate State or
local government law enforcement authorities, shall reexamine
the safety requirements for small community airports, to
reflect a reasonable level of threat to those individual
small community airports, including the parking of passenger
vehicles within 300 feet of the airport terminal building
with respect to that airport.
(c) Chemical and Biological Weapon Detection.--Section
44903(c)(2)(C) of title 49, United States Code, is amended to
read as follows:
``(C) Maximum use of chemical and biological weapon
detection equipment.--The Secretary of Transportation shall
require airports to maximize the use of technology and
equipment that is designed to detect potential chemical or
biological weapons.''.
(d) Improvement of Secured-Area Access Control.--Section
44903(g)(2) of title 49, United States Code, is amended--
(1) by striking ``weaknesses by January 31, 2001;'' in
subparagraph (A) and inserting ``weaknesses;'';
(2) by striking subparagraph (D) and inserting the
following:
``(D) on an ongoing basis, assess and test for compliance
with access control requirements, report annually findings of
the assessments, and assess the effectiveness of penalties in
ensuring compliance with security procedures and take any
other appropriate enforcement actions when noncompliance is
found;'';
(3) by striking ``program by January 31, 2001;'' in
subparagraph (F) and inserting ``program;''; and
(4) by striking subparagraph (G) and inserting the
following:
``(G) work with airport operators to strengthen access
control points in secured areas (including air traffic
control operations areas, maintenance areas, crew lounges,
baggage handling areas, concessions, and catering delivery
areas) to ensure the security of passengers and aircraft and
consider the deployment of biometric or similar technologies
that identify individuals based on unique personal
characteristics.''.
(e) Airport Security Pilot Program.--Section 44903(c) of
title 49, United States Code, is amended by adding at the end
the following:
``(3) The Administrator shall establish pilot programs in
no fewer than 20 airports to test and evaluate new and
emerging technology for providing access control and other
security protections for closed or secure areas of the
airports. Such technology may include biometric or other
technology that ensures only authorized access to secure
areas.''.
(f) Airport Security Awareness Programs.--The Secretary of
Transportation shall require air carriers and airports
involved in air transportation or intrastate air
transportation to develop security awareness programs for
airport employees, ground crews, and other individuals
employed at such airports.

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

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

SEC. 108. PASSENGER AND PROPERTY SCREENING.

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

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

``(a) In General.--The Attorney General, in consultation
with the Secretary of Transportation, shall provide for the
screening of all passengers and property, including United
States mail, cargo, carry-on and checked baggage, and other
articles, that will be carried aboard an aircraft in air
transportation or intrastate air transportation. The
screening shall take place before boarding and, except as
provided in subsection (c), shall be carried out by a Federal
government employee (as defined in section 2105 of title 5,
United States Code). The Attorney General, in consultation
with the Secretary, shall provide for the screening of all
persons, including airport, air carrier, foreign air carrier,
and airport concessionaire employees, before they are allowed
into sterile or secure areas of the airport, as determined by
the Attorney General. The screening of airport, air carrier,
foreign air carrier, and airport concessionaire employees,
and other nonpassengers with access to secure areas, shall be
conducted in the same manner as passenger screenings are
conducted, except that the Attorney General may authorize
alternative screening procedures for personnel engaged in
providing airport or aviation security at an airport. In
carrying out this subsection, the Attorney General shall
maximize the use of available nonintrusive and other
inspection and detection technology that is approved by the
Administrator of the Federal Aviation Administration for the
purpose of screening passengers, baggage, mail, or cargo.
``(b) Deployment of Armed Personnel.--
``(1) In general.--The Attorney General shall order the
deployment of law enforcement personnel authorized to carry
firearms at each airport security screening location to
ensure passenger safety and national security.
``(2) Minimum requirements.--Except at airports required to
enter into agreements under subsection (c), the Attorney
General shall order the deployment of at least 1 law
enforcement officer at each airport security screening
location. At the 100 largest airports in the United States,
in terms of annual passenger enplanements for the most recent
calendar year for which data are available, the Attorney
General shall order the deployment of additional law
enforcement personnel at airport security screening locations
if the Attorney General determines that the additional
deployment is necessary to ensure passenger safety and
national security.
``(c) Security at Small Community Airports.--
``(1) Passenger screening.--In carrying out subsection (a)
and subsection (b)(1), the Attorney General may require any
nonhub airport (as defined in section 41731(a)(4)) or smaller
airport with scheduled passenger operations to enter into an
agreement under which screening of passengers and property
will be carried out by qualified, trained State or local law
enforcement personnel if--
``(A) the screening services are equivalent to the
screening services that would be carried out by Federal
personnel under subsection (a);
``(B) the training and evaluation of individuals conducting
the screening or providing security services meets the
standards set forth in section 44935 for training and
evaluation of Federal personnel conducting screening or
providing security services under subsection (a);

[[Page H7757]]

``(C) the airport is reimbursed by the United States, using
funds made available by the Aviation Security Act, for the
costs incurred in providing the required screening, training,
and evaluation; and
``(D) the Attorney General has consulted the airport
sponsor.
``(2) Determination of limited requirements.--The Attorney
General, in consultation with the Secretary of
Transportation, may prescribe modified aviation security
measures for a nonhub airport if the Attorney General
determines that specific security measures are not required
at a nonhub airport at all hours of airport operation because
of--
``(A) the types of aircraft that use the airport;
``(B) seasonal variations in air traffic and types of
aircraft that use the airport; or
``(C) other factors that warrant modification of otherwise
applicable security requirements.
``(3) Additional federal security measures.--At any airport
required to enter into a reimbursement agreement under
paragraph (1), the Attorney General--
``(A) may provide or require additional security measures;
``(B) may conduct random security inspections; and
``(C) may provide assistance to enhance airport security at
that airport.
``(d) Manual Process.--
``(1) In general.--The Attorney General shall require a
manual process, at explosive detection system screening
locations in airports where explosive detection equipment is
underutilized, which will augment the Computer Assisted
Passenger Prescreening System by randomly selecting
additional checked bags for screening so that a minimum
number of bags, as prescribed by the Attorney General, are
examined.
``(2) Limitation on statutory construction.--Paragraph (1)
shall not be construed to limit the ability of the Attorney
General or the Secretary of Transportation to impose
additional security measures when a specific threat warrants
such additional measures.
``(3) Maximum use of explosive detection equipment.--In
prescribing the minimum number of bags to be examined under
paragraph (1), the Attorney General shall seek to maximize
the use of the explosive detection equipment.
``(e) Flexibility of Arrangements.--In carrying out
subsections (a), (b), and (c), the Attorney General may use
memoranda of understanding or other agreements with the heads
of appropriate Federal law enforcement agencies covering the
utilization and deployment of personnel of the Department of
Justice or such other agencies.''.
(b) Deputizing of State and Local Law Enforcement
Officers.--Section 512 of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century is amended--
(1) by striking ``purpose of'' in subsection (b)(1)(A) and
inserting ``purposes of (i)'';
(2) by striking ``transportation;'' in subsection (b)(1)(A)
and inserting ``transportation, and (ii) regulate the
provisions of security screening services under section
44901(c) of title 49, United States Code;'';
(3) by striking ``not federal responsibility'' in the
heading of subsection (b)(3)(b);
(4) by striking ``shall not be responsible for providing''
in subsection (b)(3)(B) and inserting ``may provide'';
(5) by striking ``flight.'' in subsection (c)(2) and
inserting ``flight and security screening functions under
section 44901(c) of title 49, United States Code.'';
(6) by striking ``General'' in subsection (e) and inserting
``General, in consultation with the Secretary of
Transportation,''; and
(7) by striking subsection (f).
(c) Transition.--The Attorney General shall complete the
full implementation of section 44901 of title 49, United
States Code, as amended by subsection (a), as soon as is
practicable but in no event later than 9 months after the
date of enactment of this Act. The Attorney General may make
or continue such arrangements, including arrangements under
the authority of sections 40110 and 40111 of that title, for
the screening of passengers and property under that section
as the Attorney General determines necessary pending full
implementation of that section as so amended.

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

(a) In General.--Section 44935 of title 49, United States
Code, is amended--
(1) by redesignating subsection (f) as subsection (i); and
(2) by striking subsection (e) and inserting the following:
``(e) Security Screeners.--
``(1) Training program.--The Attorney General, in
consultation with the Secretary of Transportation, shall
establish a program for the hiring and training of security
screening personnel.
``(2) Hiring.--
``(A) Qualifications.--The Attorney General shall
establish, within 30 days after the date of enactment of the
Aviation Security Act, qualification standards for
individuals to be hired by the United States as security
screening personnel. Notwithstanding any provision of law to
the contrary, those standards shall, at a minimum, require an
individual--
``(i) to have a satisfactory or better score on a Federal
security screening personnel selection examination;
``(ii) to have been a national of the United States, as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)), for a minimum of 5
consecutive years;
``(iii) to have passed an examination for recent
consumption of a controlled substance;
``(iv) to meet, at a minimum, the requirements set forth in
subsection (f); and
``(v) to meet such other qualifications as the Attorney
General may establish.
``(B) Background checks.--The Attorney General shall
require that an individual to be hired as a security screener
undergo an employment investigation (including a criminal
history record check) under section 44936(a)(1).
``(C) Disqualification of individuals who present national
security risks.--The Attorney General, in consultation with
the heads of other appropriate Federal agencies, shall
establish procedures, in addition to any background check
conducted under section 44936, to ensure that no individual
who presents a threat to national security is employed as a
security screener.
``(3) Examination; review of existing rules.--The Attorney
General shall develop a security screening personnel
examination for use in determining the qualification of
individuals seeking employment as security screening
personnel. The Attorney General shall also review, and revise
as necessary, any standard, rule, or regulation governing the
employment of individuals as security screening personnel.
``(f) Employment Standards for Screening Personnel.--
``(1) Screener requirements.--Notwithstanding any provision
of law to the contrary, an individual may not be employed as
a security screener unless that individual meets the
following requirements:
``(A) The individual shall possess a high school diploma, a
General Equivalency Diploma, or experience that the Attorney
General has determined to have equipped the individual to
perform the duties of the position.
``(B) The individual shall possess basic aptitudes and
physical abilities including color perception, visual and
aural acuity, physical coordination, and motor skills to the
following standards:
``(i) Screeners operating screening equipment shall be able
to distinguish on the screening equipment monitor the
appropriate imaging standard specified by the Attorney
General. Wherever the screening equipment system displays
colors, the operator shall be able to perceive each color.
``(ii) Screeners operating any screening equipment shall be
able to distinguish each color displayed on every type of
screening equipment and explain what each color signifies.
``(iii) Screeners shall be able to hear and respond to the
spoken voice and to audible alarms generated by screening
equipment in an active checkpoint environment.
``(iv) Screeners performing physical searches or other
related operations shall be able to efficiently and
thoroughly manipulate and handle such baggage, containers,
and other objects subject to security processing.
``(v) Screeners who perform pat-downs or hand-held metal
detector searches of individuals shall have sufficient
dexterity and capability to thoroughly conduct those
procedures over a individual's entire body.
``(C) The individual shall be able to read, speak, and
write English well enough to--
``(i) carry out written and oral instructions regarding the
proper performance of screening duties;
``(ii) read English language identification media,
credentials, airline tickets, and labels on items normally
encountered in the screening process;
``(iii) provide direction to and understand and answer
questions from English-speaking individuals undergoing
screening; and
``(iv) write incident reports and statements and log
entries into security records in the English language.
``(D) The individual shall have satisfactorily completed
all initial, recurrent, and appropriate specialized training
required by the security program, except as provided in
paragraph (2).
``(2) Exceptions.--An individual who has not completed the
training required by this section may be employed during the
on-the-job portion of training to perform functions if that
individual--
``(A) is closely supervised; and
``(B) does not make independent judgments as to whether
individuals or property may enter a sterile area or aircraft
without further inspection.
``(3) Remedial training.--No individual employed as a
security screener may perform a screening function after that
individual has failed an operational test related to that
function until that individual has successfully completed the
remedial training specified in the security program.
``(4) Annual proficiency review.--The Attorney General
shall provide that an annual evaluation of each individual
assigned screening duties is conducted and documented. An
individual employed as a security screener may not continue
to be employed in that capacity unless the evaluation
demonstrates that the individual--
``(A) continues to meet all qualifications and standards
required to perform a screening function;
``(B) has a satisfactory record of performance and
attention to duty based on the standards and requirements in
the security program; and

[[Page H7758]]

``(C) demonstrates the current knowledge and skills
necessary to courteously, vigilantly, and effectively perform
screening functions.
``(5) Operational testing.--In addition to the annual
proficiency review conducted under paragraph (4), the
Attorney General shall provide for the operational testing of
such personnel.
``(g) Training.--
``(1) Use of other agencies.--The Attorney General shall
enter into a memorandum of understanding or other arrangement
with any other Federal agency or department with appropriate
law enforcement responsibilities, to provide personnel,
resources, or other forms of assistance in the training of
security screening personnel.
``(2) Training plan.--The Attorney General shall, within 60
days after the date of enactment of the Aviation Security
Act, develop a plan for the training of security screening
personnel. The plan shall, at a minimum, require that before
being deployed as a security screener, an individual--
``(A) has completed 40 hours of classroom instruction or
successfully completed a program that the Attorney General
determines will train individuals to a level of proficiency
equivalent to the level that would be achieved by such
classroom instruction;
``(B) has completed 60 hours of on-the-job instruction; and
``(C) has successfully completed an on-the-job training
examination prescribed by the Attorney General.
``(3) Equipment-specific training.--An individual employed
as a security screener may not use any security screening
device or equipment in the scope of that individual's
employment unless the individual has been trained on that
device or equipment and has successfully completed a test on
the use of the device or equipment.
``(h) Technological Training.--The Attorney General shall
require training to ensure that screeners are proficient in
using the most up-to-date new technology and to ensure their
proficiency in recognizing new threats and weapons. The
Attorney General shall make periodic assessments to determine
if there are dual use items and inform security screening
personnel of the existence of such items. Current lists of
dual use items shall be part of the ongoing training for
screeners. For purposes of this subsection, the term `dual
use' item means an item that may seem harmless but that may
be used as a weapon.''.
(b) Conforming Amendments.--
(1) Section 44936(a)(1)(A) is amended by inserting ``as a
security screener under section 44935(e) or a position''
after ``a position''.
(2) Section 44936(b) of title 49, United States Code, is
amended--
(A) by inserting ``the Attorney General,'' after
``subsection,'' in paragraph (1); and
(B) by striking ``An'' in paragraph (3) and inserting ``The
Attorney General, an''.
(3) Section 44936(a)(1)(E) is amended by striking clause
(iv).
(c) Transition.--The Attorney General shall complete the
full implementation of section 44935 (e), (f), (g), and (h)
of title 49, United States Code, as amended by subsection
(a), as soon as is practicable. The Attorney General may make
or continue such arrangements for the training of security
screeners under that section as the Attorney General
determines necessary pending full implementation of that
section as so amended.
(d) Screener Personnel.--Notwithstanding any other
provision of law, the Attorney General may employ, appoint,
discipline, terminate, and fix the compensation, terms, and
conditions of employment of Federal service for such a number
of individuals as the Attorney General determines to be
necessary to carry out the passenger security screening
functions of the Attorney General under section 44901 of
title 49, United States Code.
(e) Strikes Prohibited.--An individual employed as a
security screener under section 44901 of title 49, United
States Code, is prohibited from participating in a strike or
asserting the right to strike pursuant to section 7311(3) or
7116(b)(7) of title 5, United States Code.
(f) Background Checks for Existing Employees.--
(1) In general.--Section 44936 of title 49, United States
Code, is amended by inserting ``is or'' before ``will'' in
subsection (a)(1)(B)(i).
(2) Effective date.--The amendments made by paragraph (1)
apply with respect to individuals employed on or after the
date of enactment of the Aviation Security Act in a position
described in subparagraph (A) or (B) of section 44936(a)(1)
of title 49, United States Code. The Secretary of
Transportation may provide by order for a phased-in
implementation of the requirements of section 44936 of that
title made applicable to individuals employed in such
positions at airports on the date of enactment of this Act.

SEC. 110. RESEARCH AND DEVELOPMENT.

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

SEC. 111. FLIGHT SCHOOL SECURITY.

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

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

``(a) Prohibition.--No person subject to regulation under
this part may provide training in the operation of any jet-
propelled aircraft to any alien (or other individual
specified by the Secretary of Transportation under this
section) within the United States

[[Page H7759]]

unless the Attorney General issues to that person a
certification of the completion of a background investigation
of the alien or other individual under subsection (b).
``(b) Investigation.--
``(1) Request.--Upon the joint request of a person subject
to regulation under this part and an alien (or individual
specified by the Secretary) for the purposes of this section,
the Attorney General shall--
``(A) carry out a background investigation of the alien or
individual within 30 days after the Attorney General receives
the request; and
``(B) upon completing the investigation, issue a
certification of the completion of the investigation to the
person.
``(2) Scope.--A background investigation of an alien or
individual under this subsection shall consist of the
following:
``(A) A determination of whether there is a record of a
criminal history for the alien or individual and, if so, a
review of the record.
``(B) A determination of the status of the alien under the
immigration laws of the United States.
``(C) A determination of whether the alien or individual
presents a national security risk to the United States.
``(3) Recurrent training.--The Attorney General shall
develop expedited procedures for requests that relate to
recurrent training of an alien or other individual for whom a
certification has previously been issued under paragraph (1).
``(c) Sanctions.--A person who violates subsection (a)
shall be subject to administrative sanctions that the
Secretary of Transportation shall prescribe in regulations.
The sanctions may include suspension and revocation of
licenses and certificates issued under this part.
``(d) Covered Training.--For the purposes of subsection
(a), training includes in-flight training, training in a
simulator, and any other form or aspect of training.
``(e) Reporting Requirement.--Each person subject to
regulation under this part that provides training in the
operation of any jet-propelled aircraft shall report to the
Secretary of Transportation, at such time and in such manner
as the Secretary may prescribe, the name, address, and such
other information as the Secretary may require concerning--
``(1) each alien to whom such training is provided; and
``(2) every other individual to whom such training is
provided as the Secretary may require.
``(f) Alien Defined.--In this section, the term `alien' has
the meaning given the term in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

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

(c) International Cooperation.--The Secretary of
Transportation, in consultation with the Secretary of State,
shall work with the International Civil Aviation Organization
and the civil aviation authorities of other countries to
improve international aviation security through screening
programs for flight instruction candidates.

SEC. 112. REPORT TO CONGRESS ON SECURITY.

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

SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

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

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

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

``Sec. 46503. Interference with security screening personnel

``An individual in an area within a commercial service
airport in the United States who, by assaulting or
intimidating a Federal, airport, or air carrier employee who
has security duties within the airport, interferes with the
performance of the duties of the employee or lessens the
ability of the employee to perform those duties, shall be
fined under title 18, imprisoned for not more than 10 years,
or both. If the individual used a dangerous weapon in
committing the assault, intimidation, or interference, the
individual may be imprisoned for any term of years or life
imprisonment.''.
(b) Conforming Amendment.--The chapter analysis for chapter
465 of such title is amended by inserting after the item
relating to section 46502 the following:

``46503. Interference with security screening personnel''.

SEC. 115. SECURITY-RELATED STUDY BY FAA.

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

SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.

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

SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

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

SEC. 118. SECURITY FUNDING.

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

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

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

``48114. User fee for security services''.
(3) Effective Date.--The amendment made by paragraph (1)
shall apply with respect to transportation beginning after
the

[[Page H7760]]

date which is 180 days after the date of enactment of this
Act.
(b) Specific Authorization of Appropriations.--
(1) In general.--Part C of subtitle VII of title 49, United
States Code, is amended by adding at the end the following:

``CHAPTER 483. AVIATION SECURITY FUNDING.

``Sec.
``48301. Aviation security funding

``Sec. 48301. Aviation security funding

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

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

SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION
SECURITY.

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

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

(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation such
sums as may be necessary for fiscal year 2002 to compensate
airport operators for eligible security costs.
(b) Reimbursable Costs.--The Secretary may reimburse an
airport operator (from amounts made available for obligation
under subsection (a)) for the direct costs incurred by the
airport operator in complying with new, additional, or
revised security requirements imposed on airport operators by
the Federal Aviation Administration on or after September 11,
2001.
(c) Documentation of Costs; Audit.--The Secretary may not
reimburse an airport operator under this section for any cost
for which the airport operator does not demonstrate to the
satisfaction of the Secretary, using sworn financial
statements or other appropriate data, that--
(1) the cost is eligible for reimbursement under subsection
(b); and
(2) the cost was incurred by the airport operator.
The Inspector General of the Department of Transportation and
the Comptroller General of the United States may audit such
statements and may request any other information that
necessary to conduct such an audit.
(d) Claim Procedure.--Within 30 days after the date of
enactment of this Act, the Secretary, after consultation with
airport operators, shall publish in the Federal Register the
procedures for filing claims for reimbursement under this
section of eligible costs incurred by airport operators.

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

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

``Sec. 44940. Immunity for reporting suspicious activities

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

``Sec. 44941. Sharing security risk information

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

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

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

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

SEC. 123. MAIL AND FREIGHT WAIVERS.

During a national emergency affecting air transportation or
intrastate air transportation, the Secretary of
Transportation, after consultation with the Aviation Security
Coordination Council, may grant a complete or partial waiver
of any restrictions on the carriage by aircraft of freight,
mail, emergency medical supplies, personnel, or patients on
aircraft, imposed by the Department of Transportation (or
other Federal

[[Page H7761]]

agency or department) that would permit such carriage of
freight, mail, emergency medical supplies, personnel, or
patients on flights, to, from, or within States with
extraordinary air transportation needs or concerns if the
Secretary determines that the waiver is in the public
interest, taking into consideration the isolation of and
dependence on air transportation of such States. The
Secretary may impose reasonable limitations on any such
waivers.

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

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

SEC. 125. FLIGHT DECK SECURITY

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

SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

Section 44703(g) of title 49, United States Code, is
amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``pilots'' and inserting ``airmen''; and
(B) by striking the period and inserting ``and related to
combating acts of terrorism.''; and
(2) by adding at the end, the following new paragraphs:
``(3) For purposes of this section, the term `acts of
terrorism' means an activity that involves a violent act or
an act dangerous to human life that is a violation of the
criminal laws of the United States or of any State, or that
would be a criminal violation if committed within the
jurisdiction of the United States or of any State, and
appears to be intended to intimidate or coerce a civilian
population to influence the policy of a government by
intimidation or coercion or to affect the conduct of a
government by assassination or kidnaping.
``(4) The Administrator is authorized and directed to work
with State and local authorities, and other Federal agencies,
to assist in the identification of individuals applying for
or holding airmen certificates.''.

SEC. 127. RESULTS-BASED MANAGEMENT.

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

``Sec. 44942. Performance Goals and Objectives

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

``Sec. 44943. Performance Management System

``(a) Establishing a Fair and Equitable System for
Measuring Staff Performance.--The Deputy Secretary for
Transportation Security shall establish a performance
management system which strengthens the organization's
effectiveness by providing for the establishment of goals and
objectives for managers, employees, and organizational
performance consistent with the performance plan.
``(b) Establishing Management Accountability for Meeting
Performance Goals.--(1) Each year, the Secretary and Deputy
Secretary for Transportation Security shall enter into an
annual performance agreement that shall set forth
organizational and individual performance goals for the
Deputy Secretary.
``(2) Each year, the Deputy Secretary for Transportation
Security and each senior manager who reports to the Deputy
Secretary for Transportation Security shall enter into an
annual performance agreement that sets forth organization and
individual goals for those managers. All other employees
hired under the authority of the Deputy Secretary for
Transportation Security shall enter into an annual
performance agreement that sets forth organization and
individual goals for those employees.
``(c) Compensation for the Deputy Secretary for
Transportation Security.--
``(1) In general.--The Deputy Secretary for Transportation
Security is authorized to be paid at an annual rate of pay
payable to level II of the Executive Schedule.
``(2) Bonuses or other incentives.--In addition, the Deputy
Secretary for Transportation Security may receive bonuses or
other incentives, based upon the Secretary's evaluation of
the Deputy Secretary's performance in relation to the goals
set forth in the agreement. Total compensation cannot exceed
the Secretary's salary.
``(d) Compensation for Managers and Other Employees.--
``(1) In general.--A senior manager reporting directly to
the Deputy Secretary for Transportation Security may be paid
at an annual rate of basic pay of not more than the maximum
rate of basic pay for the Senior Executive Service under
section 5382 of title 5, United States Code.

[[Page H7762]]

``(2) Bonuses or other incentives.--In addition, senior
managers can receive bonuses or other incentives based on the
Deputy Secretary for Transportation Security's evaluation of
their performance in relation to goals in agreements. Total
compensation cannot exceed 125 percent of the maximum rate of
base pay for the Senior Executive Service. Further, the
Deputy Secretary for Transportation Security shall establish,
within the performance management system, a program allowing
for the payment of bonuses or other incentives to other
managers and employees. Such a program shall provide for
bonuses or other incentives based on their performance.
``(e) Performance-Based Service Contracting.--To the extent
contracts, if any, are used to implement the Aviation
Security Act, the Deputy Secretary for Transportation
Security shall, to the extent practical, maximize the use of
performance-based service contracts. These contracts should
be consistent with guidelines published by the Office of
Federal Procurement Policy.''.

SEC. 128. USE OF FACILITIES.

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

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

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

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

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

``Sec. 44944. Exemption of volunteers from liability

``(a) In General.--An individual shall not be liable for
damages in any action brought in a Federal or State court
that arises from an act or omission of the individual in
providing or attempting to provide assistance in the case of
an inflight emergency in an aircraft of an air carrier if the
individual meets such qualifications as the Secretary shall
prescribe for purposes of this section.
``(b) Exception.--The exemption under subsection (a) shall
not apply in any case in which an individual provides, or
attempts to provide, assistance described in that paragraph
in a manner that constitutes gross negligence or willful
misconduct.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

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

SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.

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

SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

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

[[Page H7763]]

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

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

SEC. 134. DEFINITIONS.

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

TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

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

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

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

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

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

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

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

Subtitle C--Research and Development of Aviation Security Technology

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

(a) Funding.--To augment the programs authorized in section
44912(a)(1) of title 49, United States Code, there is
authorized to be appropriated an additional $50,000,000 for
each of fiscal years 2002 through 2006 and such sums as are
necessary for each fiscal year thereafter to the Federal
Aviation Administration, for research, development,

[[Page H7764]]

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.

Motion Offered by Mr. Young of Alaska

Mr. YOUNG of Alaska. Mr. Speaker, I offer a motion.
The Clerk read as follows:

Mr. Young of Alaska moves to strike all after the enacting
clause of the Senate bill, S. 1447, and insert in lieu
thereof the text of H.R. 3150 as passed by the House, as
follows:

H.R. 3150

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

SECTION 1. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES
CODE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Airport
Security Federalization Act of 2001''.
(b) Amendments to Title 49, United States Code.--Except as
otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision of law, the
reference shall be considered to be made to a section or
other provision of title 49, United States Code.
(c) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; amendments to title 49, United States Code; table
of contents.

TITLE I--AVIATION SECURITY

Sec. 101. Transportation Security Administration.
Sec. 102. Screening of passengers and property.
Sec. 103. Security programs.
Sec. 104. Employment standards and training.
Sec. 105. Deployment of Federal air marshals.
Sec. 106. Enhanced security measures.
Sec. 107. Criminal history record check for screeners and others.
Sec. 108. Passenger and baggage screening fee.
Sec. 109. Authorizations of appropriations.
Sec. 110. Limitation on liability for acts to thwart criminal violence
or aircraft piracy.
Sec. 111. Passenger manifests.
Sec. 112. Transportation security oversight board.
Sec. 113. Airport improvement programs.
Sec. 114. Technical corrections.
Sec. 115. Alcohol and controlled substance testing.
Sec. 116. Conforming amendments to subtitle VII.
Sec. 117. Savings provision.
Sec. 118. Budget submissions.
Sec. 119. Aircraft operations in enhanced class B airspace.
Sec. 120. Waivers for certain isolated communities.
Sec. 121. Assessments of threats to airports.
Sec. 122. Requirement to honor passenger tickets of other carriers.
Sec. 123. Sense of Congress on certain aviation matters.

TITLE II--VICTIMS COMPENSATION

Sec. 201. Limitation on liability for damages arising out of crashes of
September 11, 2001.

TITLE I--AVIATION SECURITY

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.

(a) In General.--Chapter 1 is amended by adding at the end
the following:

``Sec. 114. Transportation Security Administration

``(a) In General.--The Transportation Security
Administration shall be an administration of the Department
of Transportation.
``(b) Under Secretary.--
``(1) Appointment.--The head of the Administration shall be
the Under Secretary of Transportation for Security. The Under
Secretary shall be appointed by the President, by and with
the advice and consent of the Senate.
``(2) Qualifications.--The Under Secretary must--
``(A) be a citizen of the United States; and
``(B) have experience in a field directly related to
transportation or security.
``(3) Term.--The term of office of an individual appointed
as the Under Secretary shall be 5 years.
``(c) Limitation on Pecuniary Interests.--The Under
Secretary may not have a pecuniary interest in, or own stock
in or bonds of, a transportation or security enterprise, or
an enterprise that makes equipment that could be used for
security purposes.
``(d) Functions.--
``(1) In general.--The Under Secretary shall be responsible
for security in all modes of transportation, including--
``(A) carrying out chapter 449 relating to civil aviation
security; and
``(B) security responsibilities over nonaviation modes of
transportation that are exercised by Administrations of the
Department of Transportation (other than the Federal Aviation
Administration).
``(2) Schedule for assumption of civil aviation security
functions.--Not later than 3 months after the date of
enactment of this section, the Under Secretary shall assume
civil aviation security functions and responsibilities under
chapter 449 in accordance with a schedule to be developed by
the Secretary of Transportation, in consultation with air
carriers, foreign air carriers, and the Administrator of the
Federal Aviation Administration. The Under Secretary shall
publish an appropriate notice of the transfer of such
security functions and responsibilities before assuming the
functions and responsibilities.
``(3) Assignment of contracts.--Upon request of the Under
Secretary, an air carrier or foreign air carrier carrying out
a screening or security function under chapter 449 may enter
into an agreement with the Under Secretary to transfer any
contract the carrier has entered into with respect to
carrying out such function, before the Under Secretary
assumes responsibility of such function.
``(e) Additional Duties and Powers.--In addition to
carrying out the functions specified in subsection (d), the
Under Secretary shall--
``(1) receive, assess, and distribute intelligence
information related to transportation security;
``(2) assess threats to transportation;
``(3) develop policies, strategies, and plans for dealing
with threats to transportation security;
``(4) make other plans related to transportation security,
including coordinating countermeasures with appropriate
departments, agencies, and instrumentalities of the United
States Government;
``(5) serve as the primary liaison for transportation
security to the intelligence and law enforcement communities;
``(6) supervise all airport security and screening services
using Federal uniformed personnel;

[[Page H7765]]

``(7) on a day-to-day basis, manage and provide operational
guidance to the field security resources of the
Administration, including Federal Security Managers as
provided by section 44933;
``(8) enforce security-related regulations and
requirements;
``(9) identify and undertake research and development
activities necessary to enhance transportation security;
``(10) inspect, maintain, and test security facilities,
equipment, and systems;
``(11) ensure the adequacy of security measures for the
transportation of cargo;
``(12) oversee the implementation, and ensure the adequacy,
of security measures at airports and other transportation
facilities;
``(13) perform background checks for airport security
screening personnel, individuals with unescorted access to
secure areas of airports, and other transportation security
personnel;
``(14) develop standards for the hiring and retention of
security screening personnel;
``(15) train and test security screening personnel; and
``(16) carry out such other duties, and exercise such other
powers, relating to transportation security as the Under
Secretary considers appropriate, to the extent authorized by
law.
``(f) Acquisitions.--
``(1) In general.--The Under Secretary is authorized--
``(A) to acquire (by purchase, lease, condemnation, or
otherwise) such real property, or any interest therein,
within and outside the continental United States, as the
Under Secretary considers necessary;
``(B) to acquire (by purchase, lease, condemnation, or
otherwise) and to construct, repair, operate, and maintain
such personal property (including office space and patents),
or any interest therein, within and outside the continental
United States, as the Under Secretary considers necessary;
``(C) to lease to others such real and personal property
and to provide by contract or otherwise for necessary
facilities for the welfare of its employees and to acquire
maintain and operate equipment for these facilities;
``(D) to acquire (by purchase, lease, condemnation, or
otherwise) and to construct, repair, operate, and maintain
research and testing sites and facilities; and
``(E) in cooperation with the Administrator of the Federal
Aviation Administration, to utilize the research and
development facilities of the Federal Aviation Administration
located in Atlantic City, New Jersey.
``(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by the
Government of the United States.
``(g) Transfers of Funds.--The Under Secretary is
authorized to accept transfers of unobligated balances and
unexpended balances of funds appropriated to other Federal
agencies (as such term is defined in section 551(1) of title
5) to carry out functions transferred, on or after the date
of enactment of this section, by law to the Under Secretary.
``(h) Regulations.--
``(1) In general.--The Under Secretary is authorized to
issue, rescind, and revise such regulations as are necessary
to carry out the functions of the Administration.
``(2) Emergency procedures.--
``(A) In general.--Notwithstanding any other provision of
law or executive order (including an executive order
requiring a cost-benefit analysis) if the Under Secretary
determines that a regulation or security directive must be
issued immediately in order to protect transportation
security, the Under Secretary shall issue the regulation or
security directive without providing notice or an opportunity
for comment and without prior approval of the Secretary.
``(B) Review by transportation security oversight board.--
Any regulation or security directive issued under this
paragraph shall be subject to disapproval by the
Transportation Security Oversight Board established under
section 44951. Any regulation or security directive issued
under this paragraph shall remain effective until disapproved
by the Board or rescinded by the Under Secretary.
``(i) Personnel and Services; Cooperation by Under
Secretary.--
``(1) Authority of under secretary.--In carrying out the
functions of the Administration, the Under Secretary shall
have the same authority as is provided to the Administrator
of the Federal Aviation Administration under subsections (l)
and (m) of section 106.
``(2) Authority of agency heads.--The head of a Federal
agency shall have the same authority to provide services,
supplies, equipment, personnel, and facilities to the Under
Secretary as the head has to provide services, supplies,
equipment, personnel, and facilities to the Administrator of
the Federal Aviation Administration under section 106(m).
``(j) Personnel Management System.--The personnel
management system established by the Administrator of the
Federal Aviation Administration under section 40122 shall
apply to employees of the Transportation Security
Administration, except that subject to the requirements of
such section, the Under Secretary may make such modifications
to the personnel management system with respect to such
employees as the Under Secretary considers appropriate.
``(k) Acquisition Management System.--The acquisition
management system established by the Administrator of the
Federal Aviation Administration under section 40110 shall
apply to acquisitions of equipment and materials by the
Transportation Security Administration, except that subject
to the requirements of such section, the Under Secretary may
make such modifications to the acquisition management system
with respect to such acquisitions of equipment and materials
as the Under Secretary considers appropriate.
``(l) Authority of Inspector General.--The Transportation
Security Administration shall be subject to the Inspector
General Act of 1978 (5 U.S.C. App.) and other laws relating
to the authority of the Inspector General of the Department
of Transportation.''.
(b) Conforming Amendment.--The analysis for chapter 1 is
amended by adding at the end the following:

``114. Transportation Security Administration.''.
(c) Position of Under Secretary in Executive Schedule.--
Section 5313 of title 5, United States Code, is amended by
adding at the end the following:
``The Under Secretary of Transportation for Security''.
(d) Personnel of Other Agencies.--The last sentence of
section 106(m) is amended by inserting ``personnel and''
before ``supplies and equipment''.
(e) Security and Research and Development Activities.--
Section 40119 is amended--
(1) in subsection (a) by striking ``Administrator of the
Federal Aviation Administration'' and inserting ``Under
Secretary of Transportation for Security''; and
(2) in subsections (b) and (c) by striking
``Administrator'' each place it appears and inserting ``Under
Secretary''.
(f) References to FAA in Chapter 449.--Chapter 449 is
amended--
(1) in section 44904(b)(5) by striking ``the
Administration'' and inserting ``the Transportation Security
Administration'';
(2) in the second sentence of section 44913(a)(1) by
striking ``of the Administration'' and inserting ``of the
Transportation Security Administration'';
(3) in section 44916(a)--
(A) in the first sentence by striking ``Administrator'' and
inserting ``Under Secretary of Transportation for Security'';
and
(B) in the second sentence by striking ``Administration''
and inserting ``Transportation Security Administration'';
(4) in each of sections 44933(a) and 44934(b) by striking
``Assistant Administrator for Civil Aviation Security'' and
inserting ``Under Secretary'';
(5) in section 44934(b)(1) by striking ``Assistant
Administrator'' and inserting ``Under Secretary'';
(6) by striking sections 44931 and 44932 and the items
relating to such sections in the analysis for such chapter;
(7) by striking ``Administrator'' each place it appears in
such chapter (except in subsections (f) and (h) of section
44936) and inserting ``Under Secretary'';
(8) by striking ``Administrator's'' each place it appears
in such chapter and inserting ``Under Secretary's''; and
(9) by striking ``of the Federal Aviation Administration''
each place it appears in such chapter (except in section
44936(f)) and inserting ``of Transportation for Security''.

SEC. 102. SCREENING OF PASSENGERS AND PROPERTY.

Section 44901 of such title is amended--
(1) in subsection (a)--
(A) by striking ``a cabin of''; and
(B) by striking ``a weapon-detecting'' and all that follows
through the period at the end of the second sentence and
inserting ``persons and procedures acceptable to the Under
Secretary (or the Administrator before responsibilities under
this subsection are assumed by the Under Secretary).''; and
(2) by adding at the end the following:
``(d) Assumption of Screening Function by Under
Secretary.--
``(1) In general.--The responsibility for the screening of
passengers and property on passenger aircraft in air
transportation that originates in the United States or
intrastate air transportation that, on the date of enactment
of this subsection, was performed by an employee or agent of
an air carrier, intrastate air carrier, or foreign air
carrier shall be assumed by the Under Secretary.
``(2) Additional screening authority.--The Under Secretary
may perform any such additional screening of passengers and
property on passenger aircraft in air transportation that
originates in the United States or intrastate air
transportation that the Under Secretary deems necessary to
enhance aviation security.
``(e) Supervision of Screening.--All screening of
passengers and property at airports under this section shall
be supervised by uniformed Federal personnel of the
Transportation Security Administration who shall have the
power to order the dismissal of any individual performing
such screening.
``(f) Limitation on Right To Strike.--An individual that
screens passengers or property, or both, at an airport under
this section may not participate in a strike, or assert the
right to strike, against the person (including a governmental
entity) employing such individual to perform such screening.
``(g) Deputization of Airport Screening Personnel.--The
Under Secretary shall deputize, for enforcement of such
Federal laws as the Under Secretary determines appropriate,
all airport screening personnel as Federal transportation
security agents and shall ensure that such agents operate
under

[[Page H7766]]

common standards and common uniform, insignia, and badges.
The authority to arrest an individual may be exercised only
by supervisory personnel who are sworn, full-time law
enforcement officers.''.

SEC. 103. SECURITY PROGRAMS.

Section 44903(c) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``a law enforcement presence'' and
inserting ``a law enforcement or military presence''; and
(B) by inserting after ``at each of those airports'' the
following: ``and at each location at those airports where
passengers are screened''; and
(2) in paragraph (2)(C)(i) by striking ``shall issue an
amendment to air carrier security programs to require'' and
inserting ``shall require''.

SEC. 104. EMPLOYMENT STANDARDS AND TRAINING.

(a) Employment Standards.--Section 44935(a) is amended--
(1) in the first sentence by inserting ``, personnel who
screen passengers and property,'' after ``air carrier
personnel'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(4) by adding at the end the following:
``(6) a requirement that all personnel who screen
passengers and property be citizens of the United States;
``(7) a requirement that any private security firm retained
to provide airport security services be owned and controlled
by a citizen of the United States, to the extent that the
President determines that there are firms owned and
controlled by such citizens;
``(8) minimum compensation levels, when appropriate;
``(9) a preference for the hiring of any individual who is
a member or former member of the armed forces and who is
entitled, under statute, to retired, retirement, or retainer
pay on account of service as a member of the armed forces;
and
``(10) a preference for the hiring of any individual who is
a former employee of an air carrier and whose employment with
the air carrier was terminated as a result of a reduction in
the workforce of the air carrier.''.
(b) Final Rules Establishing Training Standards for
Screeners.--Section 44935(e)(1) is amended by striking ``May
31, 2001'' and inserting ``6 months after the date of
enactment of the Airport Security Federalization Act of
2001''.
(c) Employment Standards for Screeners; Uniforms.--Section
44935 is amended by adding at the end the following:
``(g) Training for All Screeners, Supervisors, and
Instructors.--
``(1) In general.--The Under Secretary shall require any
individual who screens passengers and property pursuant to
section 44901, and the supervisors and instructors of such
individuals, to have satisfactorily completed all initial,
recurrent, and appropriate specialized training necessary to
ensure compliance with the requirements of this section.
``(2) On-the-job portion of screener's training.--
Notwithstanding paragraph (1), the Under Secretary may permit
an individual, during the on-the-job portion of training, to
perform security functions if the individual is closely
supervised and does not make independent judgments as to
whether persons or property may enter secure areas or
aircraft or whether cargo may be loaded aboard aircraft
without further inspection.
``(3) Effect of screener's failure of operation test.--The
Under Secretary may not allow an individual to perform a
screening function after the individual has failed an
operational test related to that function until the
individual has successfully completed remedial training.
``(h) Uniforms.--The Under Secretary shall require any
individual who screens passengers and property pursuant
section 44901 to be attired in a uniform, approved by the
Under Secretary, while on duty.''.
(d) Interim Employment Standards for Screening Personnel.--
In the period beginning 30 days after the date of the
enactment of this Act and ending on the first date that a
final rule issued by the Under Secretary of Transportation
for Security under section 44935(e)(1) of title 49, United
States Code, takes effect, the following requirements shall
apply to an individual who screens passengers and property
pursuant to section 44901 of such title (in this subsection
referred to as a ``screener''):
(1) Education.--A screener shall have a high school
diploma, a general equivalency diploma, or a combination of
education and experience that the Under Secretary has
determined to have equipped the individual to perform the
duties of the screening position.
(2) Basic aptitudes and physical abilities.--A screener
shall have basic aptitudes and physical abilities (including
color perception, visual and aural acuity, physical
coordination, and motor skills) and shall have--
(A) the ability to identify the components that may
constitute an explosive or an incendiary device;
(B) the ability to identify objects that appear to match
those items described in all current regulations, security
directives, and emergency amendments;
(C) for screeners operating X-ray and explosives detection
system equipment, the ability to distinguish on the equipment
monitors the appropriate images;
(D) for screeners operating any screening equipment, the
ability to distinguish each color displayed on every type of
screening equipment and explain what each color signifies;
(E) the ability to hear and respond to the spoken voice and
to audible alarms generated by screening equipment in an
active checkpoint or other screening environment;
(F) for screeners performing manual searches or other
related operations, the ability to efficiently and thoroughly
manipulate and handle such baggage, containers, cargo, and
other objects subject to security processing;
(G) for screeners performing manual searches of cargo, the
ability to use tools that allow for opening and closing
boxes, crates, or other common cargo packaging;
(H) for screeners performing screening of cargo, the
ability to stop the transfer of suspect cargo to passenger
air carriers;
(I) for screeners performing pat-down or hand-held metal
detector searches of persons, sufficient dexterity and
capability to thoroughly conduct those procedures over a
person's entire body; and
(J) the ability to demonstrate daily a fitness for duty
without any impairment due to illegal drugs, sleep
deprivation, medication, or alcohol.
(3) Command of english language.--A screener shall be able
to read, speak, write, and understand the English language
well enough to--
(A) carry out written and oral instructions regarding the
proper performance of screening duties;
(B) read English language identification media,
credentials, airline tickets, documents, air waybills,
invoices, and labels on items normally encountered in the
screening process;
(C) provide direction to and understand and answer
questions from English-speaking persons undergoing screening
or submitting cargo for screening; and
(D) write incident reports and statements and log entries
into security records in the English language.

SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

(a) In General.--Subchapter I of chapter 449 is amended by
adding at the end the following:

``Sec. 44917. Deployment of Federal air marshals

``(a) In General.--The Under Secretary of Transportation
for Security under the authority provided by section 44903(d)
shall--
``(1) provide for deployment of Federal air marshals on
selected passenger flights of air carriers in air
transportation or 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 at the facility of the
Federal Aviation Administration in New Jersey;
``(4) require air carriers providing flights described in
paragraph (1) to provide seating for a Federal air marshal on
any such flight without regard to the availability of seats
on the flight and at no cost to the United States Government
or the marshal;
``(5) require air carriers to provide, on a space-available
basis, to an off-duty Federal air marshal a seat on a flight
to the airport nearest the marshal's home at no cost to the
marshal or the United States Government if the marshal is
traveling to that airport after completing his or her
security duties; and
``(6) provide, in choosing among applicants for a position
as a Federal air marshal, a preference for the hiring of a
pilot of an air carrier whose employment with the air carrier
was terminated as a result of a reduction in the workforce of
the air carrier if the pilot is otherwise qualified for the
position.
``(b) Flights in Foreign Air Transportation.--The Under
Secretary shall work with appropriate aeronautic authorities
of foreign governments under section 44907 to address
security concerns on passenger flights in foreign air
transportation.
``(c) Interim Measures.--Until the Under Secretary
completes implementation of subsection (a), the Under
Secretary may use, after consultation with and concurrence of
the heads of other Federal agencies and departments,
personnel from those agencies and departments, on a
nonreimbursable basis, to provide air marshal service.''.
(b) Conforming Amendment.--The analysis for chapter 449 is
amended by adding after the item relating to section 44916
the following:

``44917. Deployment of Federal air marshals.''.
(c) Basic Pay Defined.--Section 8331(3)(E) of title 5,
United States Code, is amended to read as follows:
``(E) availability pay--
``(i) received by a criminal investigator under section
5545a of this title; or
``(ii) received after September 11, 2001, by a Federal air
marshal of the Department of Transportation;''.

SEC. 106. ENHANCED SECURITY MEASURES.

(a) In General.--Subchapter I of chapter 449 is further
amended by adding at the end the following:

``Sec. 44918. Enhanced security measures

``(a) In General.--To the extent the Under Secretary of
Transportation for Security determines appropriate, the Under
Secretary shall take the following actions:
``(1) After consultation with the Administrator of the
Federal Aviation Administration, develop procedures and
authorize equipment for pilots and other members of the

[[Page H7767]]

flight crew to use to defend an aircraft against acts of
criminal violence or aircraft piracy.
``(2) After consultation with the Administrator, develop
and implement methods to--
``(A) restrict the opening of a cockpit door during a
flight;
``(B) fortify cockpit doors to deny access from the cabin
to the cockpit;
``(C) use video monitors or other devices to alert pilots
in the cockpit to activity in the cabin; and
``(D) ensure continuous operation of an aircraft
transponder in the event of an emergency.
``(3) Impose standards for the screening or inspection of
persons and vehicles having access to secure areas of an
airport.
``(4) Require effective 911 emergency call capability for
telephones serving passenger aircraft and passenger trains.
``(5) Provide for the use of voice stress analysis or other
technologies to prevent a person who might pose a danger to
air safety or security from boarding the aircraft of an air
carrier or foreign air carrier in air transportation or
intrastate air transportation.
``(6) Develop standards and procedures for the issuance,
renewal, and revocation of a certificate of qualification for
individuals who screen passengers and property at an airport.
``(7) Establish performance goals for individuals described
in paragraph (6), provide for the use of threat image
projection or similar devices to test such individuals, and
establish procedures to revoke the certification of such
individuals if the individuals fail to maintain a required
level of proficiency.
``(8) In consultation with air carriers and other
government agencies, establish policies and procedures
requiring air carriers to use information from government
agencies to identify individuals on passenger lists who may
be a threat to civil aviation and, if such an individual is
identified, to notify appropriate law enforcement agencies
and prohibit the individual from boarding an aircraft.
``(9) Provide for the enhanced use of computer profiling to
more effectively screen passengers and property that will be
carried in the cabin of an aircraft.
``(10) Provide for the use of electronic technology that
positively verifies the identity of each employee and law
enforcement officer who enters a secure area of an airport.
``(11) After consultation with the Administrator, provide
for the installation of switches in an aircraft cabin to
enable flight crews to discreetly notify the pilots in the
case of a security breach occurring in the cabin.
``(12) Update training procedures used by the Federal
Aviation Administration, law enforcement agencies, air
carriers, and flight crews during hijackings to include
measures relating to suicidal hijackers and other extremely
dangerous events not currently described in the training
procedures.
``(13) Provide for background checks of individuals seeking
instruction (including training through the use of flight
simulators) in flying aircraft that has a minimum
certificated takeoff weight of more than 12,500 pounds.
``(14) Enter into agreements with Federal, State, and local
agencies under which appropriately-trained law enforcement
personnel from such agencies, when traveling on a flight of
an air carrier, will carry a firearm and be prepared to
assist Federal air marshals.
``(15) Require more thorough background checks of persons
described in subparagraphs (A), (B)(i), and (B)(ii) of
section 44936(a) and paragraph (13) of this subsection,
including a review of immigration records, law enforcement
databases, and records of other government and international
agencies to help determine whether the person may be a threat
to civil aviation.
``(16) Establish a uniform system of identification for all
State and local law enforcement personnel for use in
obtaining permission to carry weapons in aircraft cabins and
in obtaining access to a secured area of an airport.
``(17) Establish requirements under which air carriers,
under the supervision of the Under Secretary, could implement
trusted passenger programs and use available technologies to
expedite the security screening of passengers who participate
in such programs, thereby allowing security screening
personnel to focus on those passengers who should be subject
to more extensive screening.
``(18) In consultation with the Commissioner of Food and
Drugs, develop security procedures under which a medical
product to be transported on a flight of an air carrier would
not be subject to manual or x-ray inspection if conducting
such an inspection would irreversibly damage the product.
``(19) Develop security procedures to allow passengers
transporting a musical instrument on a flight of an air
carrier to transport the instrument in the passenger cabin of
the aircraft, notwithstanding any size or other restriction
on carry-on baggage but subject to such other reasonable
terms and conditions as may be established by the Under
Secretary or the air carrier, including imposing additional
charges by the air carrier.
``(20) Provide for the use of wireless and wire line data
technologies enabling the private and secure communication of
threats to aid in the screening of passengers and other
individuals on airport property who are identified on any
State or Federal security-related data base for the purpose
of having an integrated response coordination of various
authorized airport security forces.
``(b) Airworthiness Objections by FAA.--
``(1) In general.--The Under Secretary shall not take an
action under subsection (a) if the Administrator notifies the
Under Secretary that the action could adversely affect the
airworthiness of an aircraft.
``(2) Review by secretary.--Notwithstanding paragraph (1),
the Under Secretary may take an action under subsection (a),
after receiving a notification concerning the action from the
Administrator under paragraph (1), if the Secretary of
Transportation subsequently approves the action.
``(c) View of NTSB.--In taking any action under subsection
(a) that could affect safety, the Under Secretary shall
solicit and give great weight to the views of the National
Transportation Safety Board.
``(d) Property Security Program.--
``(1) Checked baggage.--
``(A) Final deadline for screening.--A system must be in
operation to screen all checked baggage at all airports in
the United States no later than December 31, 2003.
``(B) Use of explosive detection equipment.--The Under
Secretary shall ensure that explosive detection equipment
installed at airports to screen checked baggage is used to
the maximum extent possible.
``(C) Installation of additional explosive detection
equipment.--The Under Secretary shall install additional
explosive detection equipment at airports as soon as possible
to ensure that all checked baggage is screened before being
placed in an aircraft.
``(D) Interim bag-match programs.--Until the Under
Secretary has installed enough explosive detection equipment
at airports to ensure that all checked baggage is screened,
the Under Secretary shall require air carriers to implement
bag-match programs that ensure that no checked baggage is
placed in an aircraft unless the passenger who checks the
baggage is aboard the aircraft.
``(2) Cargo deadline.--A system must be in operation to
screen all cargo that is to be transported in passenger
aircraft in air transportation and intrastate air
transportation as soon as practicable after the date of
enactment of this paragraph.
``(e) Limitation on Certain Actions.--The Secretary of
Transportation shall not take any action to prevent a pilot
of an air carrier from taking a firearm into the cockpit of
the aircraft if the policy of the air carrier permits its
pilots to be armed and the pilot has successfully completed a
training program for the carriage of firearms aboard aircraft
that is acceptable to the Under Secretary.
``(f) Report.--Not later than 6 months after the date of
enactment of this section, and annually thereafter until the
Under Secretary determines whether or not to take each of the
actions specified in subsection (a), the Under Secretary
shall transmit to Congress a report on the progress of the
Under Secretary in evaluating and taking such actions,
including any legislative recommendations that the Under
Secretary may have for enhancing transportation security, and
on the progress the Under Secretary is making in carrying out
subsection (d).''.
(b) Conforming Amendment.--The analysis for chapter 449 is
amended by inserting after the item relating to section 44917
the following:

``44918. Enhanced security measures.''.
(c) Repeal of Existing Reporting Requirement.--
(1) In general.--Section 44938 is amended--
(A) in the section heading by striking ``REPORTS'' and
inserting ``REPORT''; and
(B) by striking ``(a) Transportation Security.--'' and all
that follows through ``(b) Screening and Foreign Air Carrier
and Airport Security.--The Administrator'' and inserting
``The Under Secretary of Transportation for Security''.
(2) Chapter analysis.--The analysis for chapter 449 is
amended by striking the item relating section 44938 and
inserting the following:

``44938. Report.''.

SEC. 107. CRIMINAL HISTORY RECORD CHECK FOR SCREENERS AND
OTHERS.

Section 44936(a) is amended--
(1) in paragraph (1)(E)(iv)(II) by striking the period at
the end and inserting ``; except that at such an airport, the
airport operator, air carriers, and certified screening
companies may elect to implement the requirements of this
subparagraph in advance of the effective date if the Under
Secretary (or the Administrator of the Federal Aviation
Administration before the transfer of civil aviation security
responsibilities to the Under Secretary) approves of such
early implementation and if the airport operator, air
carriers, and certified screening companies amend their
security programs to conform those programs to the
requirements of this subparagraph.'';
(2) by adding at the end of paragraph (1) the following:
``(G) Background checks of current employees.--A background
check (including a criminal history record check and a review
of available law enforcement data bases and records of other
governmental and international agencies) shall be required
for any individual who currently has unescorted access to an
aircraft of an air carrier or foreign air carrier, unescorted
access to a secured area of an airport in the United States
that serves an air carrier or foreign air carrier, or is
responsible for screening passengers or property, or both,
unless that individual was subject to such a background check
before

[[Page H7768]]

the individual began his or her current employment or is
exempted from such a check under section 107.31(m) of title
14, Code of Federal Regulations.''; and
(3) in paragraph (2)--
(A) by striking ``or airport operator'' and inserting
``airport operator, or certificated screening company''; and
(B) by adding at the end the following: ``In this
paragraph, the term `certificated screening company' means a
screening company to which the Under Secretary has issued a
screening company certificate authorizing the screening
company to provide security screening.''.

SEC. 108. PASSENGER AND BAGGAGE SCREENING FEE.

(a) In General.--Subchapter II of chapter 449 is amended by
adding at the end the following:

``Sec. 44939. Passenger and baggage screening fee

``(a) General Authority.--
``(1) Passenger fees.--The Under Secretary of
Transportation for Security shall impose a fee, on passengers
of air carriers and foreign air carriers in air
transportation and intrastate air transportation originating
at airports in the United States, to pay for the costs of the
screening of passengers and property pursuant to section
44901(d). Such costs shall be limited to the salaries and
benefits of screening personnel and their direct supervisors,
training of screening personnel, and acquisition, operation,
and maintenance of equipment used by screening personnel and
shall be determined by the Under Secretary.
``(2) Air carrier fees.--
``(A) Authority.--In addition to the fee imposed pursuant
to paragraph (1), and only to the extent that such fee is
insufficient to pay for the costs of the screening of
passengers and property pursuant to section 44901(d), the
Under Secretary may impose a fee on air carriers to pay for
the difference between any such costs and the amount
collected from such fee.
``(B) Limitation.--The amounts of fees collected under this
paragraph may not exceed, in the aggregate, the amounts paid
in calendar year 2000 by air carriers for screening
activities described in paragraph (1) as determined by the
Under Secretary.
``(b) Schedule of Fees.--In imposing fees under subsection
(a), the Under Secretary shall ensure that the fees are
reasonably related to the Transportation Security
Administration's costs of providing services rendered.
``(c) Limitation on Fee.--Fees imposed under subsection
(a)(1) may not exceed $2.50 on a 1-way trip in air
transportation or intrastate air transportation that
originates at an airport in the United States.
``(d) Imposition of Fee.--
``(1) In general.--Notwithstanding section 9701 of title 31
and the procedural requirements of section 553 of title 5,
the Under Secretary shall impose the fee under subsection
(a)(1), and may impose a fee under subsection (a)(2), through
the publication of notice of such fee in the Federal Register
and begin collection of the fee within 60 days of the date of
enactment of this Act, or as soon as possible thereafter.
``(2) Subsequent modification of fee.--After imposing a fee
in accordance with paragraph (1), the Under Secretary may
modify, from time to time through publication of notice in
the Federal Register, the imposition or collection of such
fee, or both.
``(3) Limitation on collection.--No fee may be collected
under this section, except to the extent that expenditure of
such fee to pay the costs of activities and services for
which the fee is imposed is provided for in advance in an
appropriations Act.
``(e) Administration of Fees.--
``(1) Fees payable to under secretary.--All fees imposed
and amounts collected under this section are payable to the
Under Secretary.
``(2) Fees collected by air carrier.--A fee imposed under
subsection (a)(1) shall be collected by the air carrier or
foreign air carrier providing the transportation described in
subsection (a)(1).
``(3) Due date for remittance.--A fee collected under this
section shall be remitted on the last day of each calendar
month by the carrier collecting the fee. The amount to be
remitted shall be for the calendar month preceding the
calendar month in which the remittance is made.
``(4) Information.--The Under Secretary may require the
provision of such information as the Under Secretary decides
is necessary to verify that fees have been collected and
remitted at the proper times and in the proper amounts.
``(f) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any fee collected
under this section--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which
the fee is imposed;
``(2) shall be available for expenditure only to pay the
costs of activities and services for which the fee is
imposed; and
``(3) shall remain available until expended.
``(g) Refunds.--The Under Secretary may refund any fee paid
by mistake or any amount paid in excess of that required.''.
(b) Conforming Amendment.--The analysis for chapter 449 is
amended by adding after the item relating to section 44938
the following:

``44939. Passenger and baggage screening fee.''.
(c) Exemptions.--Section 44915 is amended by striking ``and
44936'' and inserting ``44936, and 44939''.

SEC. 109. AUTHORIZATIONS OF APPROPRIATIONS.

(a) In General.--Subchapter II of chapter 449 is further
amended by adding at the end the following:

``Sec. 44940. Authorizations of appropriations

``(a) Operations of Transportation Security
Administration.--There are authorized to be appropriated such
sums as may be necessary for the operations of the
Transportation Security Administration, including the
functions of the Administration under section 44901(d) if the
fees imposed under section 44939 are insufficient to cover
the costs of such functions.
``(b) Grants for Aircraft Security.--There is authorized to
be appropriated $500,000,000 for the Secretary of
Transportation to make grants to air carriers to--
``(1) fortify cockpit doors to deny access from the cabin
to the pilots in the cockpit;
``(2) provide for the use of video monitors or other
devices to alert the cockpit crew to activity in the
passenger cabin;
``(3) ensure continuous operation of the aircraft
transponder in the event the crew faces an emergency; and
``(4) provide for the use of other innovative technologies
to enhance aircraft security.
``(c) Airport Security.--
``(1) In general.--There is authorized to be appropriated
to the Secretary for fiscal years 2002 and 2003 a total of
$1,500,000,000 to reimburse airport operators for direct
costs incurred by such operators to comply with new,
additional, or revised security requirements imposed on such
operators by the Federal Aviation Administration or
Transportation Security Administration on or after September
11, 2001. Such sums shall remain available until expended.
``(2) Conditions.--Before providing financial assistance to
an airport operator with funds appropriated pursuant to
paragraph (1), the Secretary shall require the operator to
provide assurances that the operator will--
``(A) meet with the tenants of the airport (other than air
carriers and foreign air carriers) to discuss adjustments of
the rent of the tenants to account for losses in revenue
incurred by the tenants on and after September 11, 2001; and
``(B) provide to the Secretary an itemized list of costs
incurred by the operator to comply with the security
requirements described in paragraph (1), including costs
relating to landing fees, automobile parking revenues, rental
cars, restaurants, and gift shops.''.
(b) Conforming Amendment.--The analysis for chapter 449 is
amended by adding after the item relating to section 44939
the following:

``44940. Authorizations of appropriations.''.

SEC. 110. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL
VIOLENCE OR AIRCRAFT PIRACY.

Section 44903 is amended by adding at the end the
following:
``(h) Limitation on Liability for Acts To Thwart Criminal
Violence or Aircraft Piracy.--An individual shall not be
liable for damages in any action brought in a Federal or
State court arising out of the acts of the individual in
attempting to thwart an act of criminal violence or piracy on
an aircraft if that individual in good faith believed that
such an act of criminal violence or piracy was occurring or
was about to occur.''.

SEC. 111. PASSENGER MANIFESTS.

Section 44909 is amended by adding at the end the
following:
``(c) Flights in Foreign Air Transportation to the United
States.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, the Under Secretary of
Transportation for Security shall require each air carrier
and foreign air carrier operating a passenger flight in
foreign air transportation to the United States to provide to
the Under Secretary by electronic transmission a passenger
and crew manifest containing the information specified in
paragraph (2).
``(2) Information.--A passenger and crew manifest for a
flight required under paragraph (1) shall contain the
following information:
``(A) The full name of each passenger and crew member.
``(B) The date of birth and citizenship of each passenger
and crew member.
``(C) The sex of each passenger and crew member.
``(D) The passport number and country of issuance of each
passenger and crew member if required for travel.
``(E) The United States visa number or resident alien card
number of each passenger and crew member, as applicable.
``(F) The passenger name record of each passenger.
``(G) Such other information as the Under Secretary, by
regulation, determines is reasonably necessary to ensure
aviation safety.
``(3) Transmission of manifest.--Subject to paragraph (4),
a passenger and crew manifest required for a flight under
paragraph (1) shall be transmitted to the Under Secretary in
advance of the aircraft landing in the United States in such
manner, time, and form as the Under Secretary prescribes.
``(4) Transmission of manifests to other federal
agencies.--The Under Secretary may require by regulation that
a passenger and crew manifest required for a flight under
paragraph (1) be transmitted directly to the head of another
Federal agency.''.

[[Page H7769]]

SEC. 112. TRANSPORTATION SECURITY OVERSIGHT BOARD.

(a) In General.--Chapter 449 is amended by adding at the
end the following:

``SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD

``Sec. 44951. Transportation Security Oversight Board

``(a) In General.--There is established a board to be known
as a `Transportation Security Oversight Board'.
``(b) Membership.--
``(1) Number and appointment.--The Board shall be composed
of 5 members as follows:
``(A) The Secretary of Transportation (or the Secretary's
designee).
``(B) The Attorney General (or the Attorney General's
designee).
``(C) The Secretary of the Treasury (or the Secretary's
designee).
``(D) The Secretary of Defense (or the Secretary's
designee).
``(E) One member appointed by the President to represent
the National Security Council or the Office of Homeland
Security.
``(2) Chairperson.--The Chairperson of the Board shall be
the Secretary of Transportation.
``(c) Duties.--The Board shall--
``(1) review and ratify or disapprove any regulation or
security directive issued by the Under Secretary of
Transportation for security under section 114(h)(2) within 30
days after the date of issuance of such regulation or
directive;
``(2) share intelligence information with the Under
Secretary;
``(3) review--
``(A) plans for transportation security;
``(B) standards established for performance of airport
security screening personnel;
``(C) compensation being paid to airport security screening
personnel;
``(D) procurement of security equipment;
``(E) selection, performance, and compensation of senior
executives in the Transportation Security Administration;
``(F) waivers granted by the Under Secretary under section
120 of the Airport Security Federalization Act of 2001 and
may ratify or disapprove such waivers; and
``(G) budget requests of the Under Secretary; and
``(4) make recommendations to the Under Secretary regarding
matters reviewed under paragraph (3).
``(d) Quarterly Meetings.--The Board shall meet at least
quarterly.
``(e) Consideration of Security Information.--A majority of
the Board may vote to close a meeting of the Board to the
public when classified, sensitive security information, or
information protected in accordance with section 40119(b),
will be discussed.

``Sec. 44952. Advisory council

``(a) Establishment.--The Under Secretary of Transportation
for Security shall establish an advisory council to be known
as the `Transportation Security Advisory Council'.
``(b) Membership.--The Council shall be composed of members
appointed by the Under Secretary to represent all modes of
transportation, transportation labor, screening companies,
organizations representing families of victims of
transportation disasters, and other entities affected or
involved in the transportation security process.
``(c) Duties.--The Council shall provide advice and counsel
to the Under Secretary on issues which affect or are affected
by the operations of the Transportation Security
Administration. The Council shall function as a resource for
management, policy, spending, and regulatory matters under
the jurisdiction of the Transportation Security
Administration.
``(d) Administrative Matters.--
``(1) Meetings.--The Council shall meet on a regular and
periodic basis or at the call of the Chairperson or the Under
Secretary.
``(2) Access to documents and staff.--The Under Secretary
may give the Council appropriate access to relevant documents
and personnel of the Administration, and the Under Secretary
shall make available, consistent with the authority to
withhold commercial and other proprietary information under
section 552 of title 5 (commonly known as the `Freedom of
Information Act'), cost data associated with the acquisition
and operation of security screening equipment. Any member of
the Council who receives commercial or other proprietary data
from the Under Secretary shall be subject to the provisions
of section 1905 of title 18, pertaining to unauthorized
disclosure of such information.
``(3) Chairperson and vice chairperson.--The Council shall
elect a Chairperson and a Vice Chairperson from among the
members, each of whom shall serve for a term of 2 years. The
Vice Chairperson shall perform the duties of the Chairperson
in the absence of the Chairperson.
``(4) Travel and per diem.--Each member of the Council
shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from his or her usual place of
residence, in accordance with section 5703 of title 5.
``(5) Detail of personnel from the administration.--The
Under Secretary shall make available to the Council such
staff, information, and administrative services and
assistance as may reasonably be required to enable the
Council to carry out its responsibilities under this section.
``(e) Federal Advisory Committee Act Not To Apply.--The
Federal Advisory Committee Act (5 U.S.C. App.) does not apply
to the Council.''.
(b) Conforming Amendment.--The analysis for chapter 449 is
amended by adding at the end the following:

``SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD

``44951. Transportation Security Oversight Board.
``44952. Advisory council.''.

SEC. 113. AIRPORT IMPROVEMENT PROGRAMS.

(a) Competition Plan.--Section 47106(f) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Special rule for fiscal year 2002.--This subsection
does not apply to any passenger facility fee approved, or
grant made, in fiscal year 2002 if the fee or grant is to be
used to improve security at a covered airport.''.
(b) Airport Development Defined.--Section 47102(3) is
amended by adding at the end the following:
``(J) hiring, training, compensating, or reimbursement for
law enforcement personnel at a non-hub or small hub airport
(as defined in section 41731).
``(K) in fiscal year 2002, any activity, including
operational activities, of an airport that is not a primary
airport if that airport is located within the confines of
enhanced class B airspace, as defined by Notice to Airmen FDC
1/0618 issued by the Federal Aviation Administration.
``(L) in fiscal year 2002, payments for debt service on
indebtedness incurred to carry out a project at an airport
owned or controlled by the sponsor or at a privately owned or
operated airport passenger terminal financed by indebtedness
incurred by the sponsor if the Secretary determines that such
payments are necessary to prevent a default on the
indebtedness.''.
(c) Reimbursement for Past Expenses.--Section 47110(b)(2)
is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting after the semicolon at the end of the
subparagraph (C)(iii) ``or''; and
(3) by inserting at the end the following:
``(D) if the cost is incurred after September 11, 2001, for
a project described in subparagraphs (J), (K), or (L) of
section 47102(3) without regard to the date of execution of a
grant agreement under this subchapter.''.
(d) Federal Share.--Section 47109(a) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) 100 percent for a project described in subparagraphs
(J), (K), or (L) of section 47102(3).''.
(e) Conforming Amendment to Airport and Airway Trust
Fund.--Section 9502(d)(1)(A) of the Internal Revenue Code of
1986 (relating to airport and airway program) is amended by
inserting ``or the Airport Security Federalization Act of
2001'' after ``21st Century''.

SEC. 114. TECHNICAL CORRECTIONS.

(a) Report Deadline.--Section 106(a) of the Air
Transportation Safety and System Stabilization Act (Public
Law 107-42) is amended by striking ``February 1, 2001'' and
inserting ``February 1, 2002''.
(b) Insurance and Reinsurance of Aircraft.--Section
44306(c) (as redesignated by section 201(d) of such Act) is
amended by inserting ``in the interest of air commerce or
national security'' before ``to carry out foreign policy''.
(c) Federal Credit Instruments.--Section 102(c)(2)(A) of
such Act is amended by striking ``representatives'' and
inserting ``representations''.
(d) Maximum Amount of Compensation Payable Per Air
Carrier.--Section 103 of such Act is amended by adding at the
end the following:
``(d) Compensation for Air Carriers Providing Air Ambulance
Services.--
``(1) Set-aside.--The President may set aside a portion of
the amount of compensation payable to air carriers under
section 101(a)(2) to provide compensation to air carriers
providing air ambulance services. The President shall reduce
the $4,500,000,000 specified in subsection (b)(2)(A)(i) by
the amount set aside under this subsection.
``(2) Distribution of amounts.--The President shall
distribute the amount set aside under this subsection
proportionally among air carriers providing air ambulance
services based on an appropriate auditable measure, as
determined by the President.''.

SEC. 115. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.

Chapter 451 is amended--
(1) by striking ``contract personnel'' each place it
appears and inserting ``personnel'';
(2) by striking ``contract employee'' each place it appears
and inserting ``employee'';
(3) in section 45106(c) by striking ``contract employees''
and inserting ``employees'';
(4) by inserting after section 45106 the following:

``Sec. 45107. Transportation Security Administration

``(a) Transfer of Functions Relating to Testing Programs
With Respect to Airport Security Screening Personnel.--The
authority of the Administrator of the Federal Aviation
Administration under this chapter with respect to programs
relating to

[[Page H7770]]

testing of airport security screening personnel are
transferred to the Under Secretary of Transportation for
Security. Notwithstanding section 45102(a), the regulations
prescribed under section 45102(a) shall require testing of
such personnel by their employers instead of by air carriers
and foreign air carriers.
``(b) Applicability of Chapter With Respect to Employees of
Administration.--The provisions of this chapter that apply
with respect to employees of the Federal Aviation
Administration whose duties include responsibility for
safety-sensitive functions shall apply with respect to
employees of the Transportation Security Administration whose
duties include responsibility for security-sensitive
functions. The Under Secretary of Transportation for
Security, the Transportation Security Administration, and
employees of the Transportation Security Administration whose
duties include responsibility for security-sensitive
functions shall be subject to and comply with such provisions
in the same manner and to the same extent as the
Administrator of the Federal Aviation Administration, the
Federal Aviation Administration, and employees of the Federal
Aviation Administration whose duties include responsibility
for safety-sensitive functions, respectively.''; and
(5) in the analysis for such chapter by inserting after the
item relating to section 45106 the following:

``45107. Transportation Security Administration.''.

SEC. 116. CONFORMING AMENDMENTS TO SUBTITLE VII.

(a) Records of Employment of Pilot Applicants.--Part A of
subtitle VII is amended--
(1) by moving subsections (f), (g), and (h) of section
44936 from section 44936, inserting them at the end of
section 44703, and redesignating them as subsections (h),
(i), and (j), respectively; and
(2) in subsections (i) and (j) of section 44703 (as moved
to the end of section 44703 by paragraph (1) of this
subsection), by striking ``subsection (f)'' each place it
appears and inserting ``subsection (h)''.
(b) Investigations and Procedures.--Chapter 461 is
amended--
(1) in each of sections 46101(a)(1), 46102(a), 46103(a),
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by
inserting after ``(or'' the following: ``the Under Secretary
of Transportation for Security with respect to security
duties and powers designated to be carried out by the Under
Secretary or'';
(2) by striking ``or Administrator'' each place it appears
and inserting ``, Under Secretary, or Administrator'';
(3) in section 46101(a)(2) by striking ``of Transportation
or the'' and inserting ``, Under Secretary, or'';
(4) in section 46102(b) by striking ``and the
Administrator'' and inserting ``, the Under Secretary, and
the Administrator'';
(5) in section 46102(c) by striking ``and Administrator''
each place it appears and inserting ``, Under Secretary, and
Administrator'';
(6) in each of sections 46102(d) and 46104(b) by inserting
``the Under Secretary,'' after ``Secretary,'';
(7) in the heading to section 46106 by striking ``Secretary
of Transportation and Administrator of the Federal Aviation
Administration'' and inserting ``Department of
Transportation''; and
(8) in the item relating to section 46106 of the analysis
for such chapter by striking ``Secretary of Transportation
and Administrator of the Federal Aviation Administration''
and inserting ``Department of Transportation''.
(c) Administrative.--Section 40113 is amended--
(1) in subsection (a)--
(A) by inserting after ``(or'' the following: ``the Under
Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by
the Under Secretary or''; and
(B) by striking ``or Administrator'' and inserting ``,
Under Secretary, or Administrator''; and
(2) in subsection (d)--
(A) by inserting after ``The'' the following: ``Under
Secretary of Transportation for Security or the'';
(B) by striking ``Administration'' the second place it
appears and inserting ``Transportation Security
Administration or Federal Aviation Administration, as the
case may be,''; and
(C) by striking ``the Administrator decides'' and inserting
``the Under Secretary or Administrator, as the case may be,
decides''.
(d) Penalties.--Chapter 463 is amended--
(1) in section 46301(d)(2)--
(A) by striking ``, chapter 449 (except sections 44902,
44903(d), 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and
44909),'';
(B) by inserting after the first sentence the following:
``The Under Secretary of Transportation for Security may
impose a civil penalty for a violation of chapter 449 (except
sections 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-
(f), 44908, and 44909) or a regulation prescribed or order
issued under such chapter 449.''; and
(C) by inserting ``Under Secretary or'' before
``Administrator shall'';
(2) in each of paragraphs (3) and (4) of section 46301(d)
by striking ``Administrator'' each place it appears and
inserting ``Under Secretary or Administrator'';
(3) in section 46301(d)(8) by striking ``Administrator''
and inserting ``Under Secretary, Administrator,'';
(4) in section 46301(h)(2) by inserting after ``(or'' the
following: ``the Under Secretary of Transportation for
Security with respect to security duties and powers
designated to be carried out by the Under Secretary or'';
(5) in section 46303(c)(2) by inserting ``or the Under
Secretary of Transportation for Security'' after ``Federal
Aviation Administration'';
(6) in section 46311--
(A) by inserting after ``Transportation,'' the following:
``the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be
carried out by the Under Secretary,'';
(B) by inserting after ``Secretary,'' each place it appears
the following: ``Under Secretary,''; and
(C) by striking ``or Administrator'' each place it appears
and inserting ``, Under Secretary, or Administrator'';
(7) in each of sections 46313 and 46316 by inserting after
``(or'' the following: ``the Under Secretary of
Transportation for Security with respect to security duties
and powers designated to be carried out by the Under
Secretary or''; and
(8) in section 46505(d)(2) by inserting ``or the Under
Secretary of Transportation for Security'' after ``Federal
Aviation Administration''.

SEC. 117. SAVINGS PROVISION.

(a) Transfer of Assets and Personnel.--Except as otherwise
provided in this Act, those personnel, property, and records
employed, used, held, available, or to be made available in
connection with a function transferred to the Transportation
Security Administration by this Act shall be transferred to
the Transportation Security Administration for use in
connection with the functions transferred. Unexpended
balances of appropriations, allocations, and other funds made
available to the Federal Aviation Administration to carry out
such functions shall also be transferred to the
Transportation Security Administration for use in connection
with the functions transferred.
(b) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, settlements,
agreements, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the Federal Aviation Administration, any
officer or employee thereof, or any other Government
official, or by a court of competent jurisdiction, in the
performance of any function that is transferred by this Act;
and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to
their terms as in effect on such effective date), shall
continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance
with law by the Under Secretary of Transportation for
Security, any other authorized official, a court of competent
jurisdiction, or operation of law.
(c) Proceedings.--
(1) In general.--The provisions of this Act shall not
affect any proceedings or any application for any license
pending before the Federal Aviation Administration at the
time this Act takes effect, insofar as those functions are
transferred by this Act; but such proceedings and
applications, to the extent that they relate to functions so
transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
Act had not been enacted; and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law.
(2) Statutory construction.--Nothing in this subsection
shall be deemed to prohibit the discontinuance or
modification of any proceeding described in paragraph (1)
under the same terms and conditions and to the same extent
that such proceeding could have been discontinued or modified
if this Act had not been enacted.
(3) Orderly transfer.--The Secretary of Transportation is
authorized to provide for the orderly transfer of pending
proceedings from the Federal Aviation Administration.
(d) Suits.--
(1) In general.--This Act shall not affect suits commenced
before the date of the enactment of this Act, except as
provided in paragraphs (2) and (3). In all such suits,
proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if
this Act had not been enacted.
(2) Suits by or against faa.--Any suit by or against the
Federal Aviation Administration begun before the date of the
enactment of this Act shall be continued, insofar as it
involves a function retained and transferred under this Act,
with the Transportation Security Administration (to the
extent the suit involves functions transferred to the
Transportation Security Administration under this Act)
substituted for the Federal Aviation Administration.
(3) Remanded cases.--If the court in a suit described in
paragraph (1) remands a case to the Transportation Security
Administration, subsequent proceedings related to such case
shall proceed in accordance with applicable law and
regulations as in effect at the time of such subsequent
proceedings.
(e) Continuance of Actions Against Officers.--No suit,
action, or other proceeding commenced by or against any
officer in his

[[Page H7771]]

official capacity as an officer of the Federal Aviation
Administration shall abate by reason of the enactment of this
Act. No cause of action by or against the Federal Aviation
Administration, or by or against any officer thereof in his
official capacity, shall abate by reason of the enactment of
this Act.
(f) Exercise of Authorities.--Except as otherwise provided
by law, an officer or employee of the Transportation Security
Administration may, for purposes of performing a function
transferred by this Act or the amendments made by this Act,
exercise all authorities under any other provision of law
that were available with respect to the performance of that
function to the official responsible for the performance of
the function immediately before the effective date of the
transfer of the function under this Act.
(g) Act Defined.--In this section, the term ``Act''
includes the amendments made by this Act.

SEC. 118. BUDGET SUBMISSIONS.

The President's budget submission for fiscal year 2003 and
each fiscal year thereafter shall reflect the establishment
of the Transportation Security Administration.

SEC. 119. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.

Notice to Airmen FDC 1/0618 issued by the Federal Aviation
Administration, and any other regulation, order, or directive
that restricts the ability of United States registered
aircraft to conduct operations under part 91 of title 14,
Code of Federal Regulations, in enhanced class B airspace (as
defined by such Notice), shall cease to be in effect
beginning on the 10th day following the date of the enactment
of this Act, unless the Secretary of Transportation publishes
a notice in the Federal Register before such 10th day
reimposing the restriction and explaining the reasons for the
restriction.

SEC. 120. WAIVERS FOR CERTAIN ISOLATED COMMUNITIES.

(a) In General.--In any case in which a restriction is
imposed on an air carrier (as defined in section 40102 of
title 49, United States Code) for reasons of national
security by any government agency, the Under Secretary of
Transportation for Security may grant a waiver from such
restrictions for the carriage of cargo, mail, patients, and
emergency medical supplies (and associated personnel) on
flights to or from a community that is not accessible by
road, or that is more than 200 miles, from a hub airport (as
defined in section 41731 of such title).
(b) Review and Disapproval.--Any grant of a waiver by the
Under Secretary under this section shall be subject to review
and disapproval by the Transportation Security Oversight
Board.
(c) Limitations.--The Board may impose reasonable
limitations on any waiver granted under this section.

SEC. 121. ASSESSMENTS OF THREATS TO AIRPORTS.

Section 44904 is amended by adding at the end the
following:
``(d) Passenger Vehicles.--
``(1) Threat assessment.--An operator of an airport with
scheduled passenger service, in consultation with appropriate
State or local law enforcement authorities, may conduct a
threat assessment of the airport to determine whether
passenger vehicles should be permitted to park within 300
feet of the airport terminal building.
``(2) Removal of certain restrictions.--If the airport
operator, after consultation with the appropriate State or
local law enforcement authorities, determines that safeguards
are in place to sufficiently protect public safety and so
certifies, in writing, to the Secretary of Transportation,
any rule, order, or other directive of the Secretary
prohibiting the parking of passenger vehicles within 300 feet
of an airport terminal building shall not apply to the
terminal building at such airport.''.

SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS OF OTHER
CARRIERS.

(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end the following:

``Sec. 41722. Requirement to honor passenger tickets of other
carriers

``Each air carrier that provides scheduled air
transportation on a route shall provide, to the extent
practicable, air transportation to passengers ticketed for
air transportation on that route by any other air carrier
that suspends, interrupts, or discontinues air passenger
service on the route by reason of an act of war or terrorism
or insolvency or bankruptcy of the carrier.''.
(b) Conforming Amendment.--The analysis for such subchapter
is amended by adding at the end the following:

``41722. Requirement to honor passenger tickets of other carriers.''.

SEC. 123. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.

(a) Flight Service Station Employees.--It is the sense of
Congress that the Administrator of the Federal Aviation
Administration should continue negotiating in good faith with
flight service station employees of the Administration with a
goal of reaching agreement on a contract as soon as possible.
(b) War Risk Insurance.--It is the sense of Congress that
the Secretary of Transportation should implement section 202
of the Air Transportation Safety and System Stabilization Act
(Public Law 107-42) so as to make war risk insurance
available to vendors, agents, and subcontractors of general
aviation aircraft.
(c) Transport of Animals.--It is the sense of Congress that
an air carrier that transports mail under a contract with the
United States Postal Service should transport any animal that
the Postal Service allows to be shipped through the mail.
(d) Screening.--It is the sense of Congress that the Under
Secretary of Transportation for Security should require, as
soon as practicable, that all property carried in a passenger
aircraft in air transportation or intrastate air
transportation (including checked baggage) be screened by any
currently available means, including X-ray machine, hand-held
metal detector, explosive detection system equipment, or
manual search.
(e) Contracts for Airport Security Services.--It is the
sense of Congress that, in awarding a contract for airport
security services, the Under Secretary of Transportation for
Security should, to the maximum extent practicable, award the
contract to a firm that is owned and controlled by a citizen
of the United States.

TITLE II--VICTIMS COMPENSATION

SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF
CRASHES OF SEPTEMBER 11, 2001.

Section 408 of the Air Transportation Safety and System
Stabilization Act (Public Law 107-42; 115 Stat. 240; 49
U.S.C. 40101 note) is amended--
(1) by amending the section heading to read as follows:

``SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT
OF CRASHES OF SEPTEMBER 11, 2001.'';

(2) by amending subsection (a) to read as follows:
``(a) General Limitation of Liability.--Except as provided
in this section, no Federal court or agency or State court or
agency shall enforce any Federal or State law holding any
person, or any State or political subdivision thereof, liable
for any damages arising out of the hijacking and subsequent
crashes of American Airlines flights 11 or 77, or United
Airlines flights 93 or 175, on September 11, 2001.'';
(3) in subsection (b), by adding at the end the following
new paragraphs:
``(4) Damages.--If any party to any action brought under
this subsection is determined to be liable--
``(A) no damages in the aggregate ordered by the court to
be paid by such party shall exceed the amount of insurance,
minus any payments made pursuant to a court approved
settlement, which such party is determined to have obtained
prior to September 11, 2001, and which is determined to cover
such party's liability for any damages arising out of the
hijacking and subsequent crashes of American Airlines flights
11 or 77, or United Airlines flights 93 or 175, on September
11, 2001;
``(B) such party shall not be liable for interest prior to
the judgment or for punitive damages intended to punish or
deter; and
``(C) the court shall reduce the amount of damages awarded
to a plaintiff by the amount of collateral source
compensation that the plaintiff has received or is entitled
to receive as a result of the terrorist-related aircraft
crashes of September 11, 2001.
``(5) Attorneys' fees.--Reasonable attorneys' fees for work
performed in any action brought under this subsection shall
be subject to the discretion of the court, but in no event
shall any attorney charge, demand, receive, or collect for
services rendered, fees in excess of 20 percent of the
damages ordered by the court to be paid pursuant to this
subsection, or in excess of 20 percent of any court approved
settlement made of any claim cognizable under this
subsection. Any attorney who charges, demands, receives, or
collects for services rendered in connection with such claim
any amount in excess of that allowed under this subsection,
if recovery be had, shall be fined not more than $2,000 or
imprisoned not more than one year, or both.'';
(4) by amending subsection (c) to read as follows:
``(c) Exclusion.--Nothing in this section shall in any way
limit any liability of any person who--
``(1) hijacks any aircraft or commits any terrorist act; or
``(2) knowingly participates in a conspiracy to hijack any
aircraft or commit any terrorist act.''; and
(5) by adding at the end the following new subsections:
``(d) Disclaimer.--Nothing herein implies that any person
is liable for damages arising out of the hijacking and
subsequent crashes of American Airlines flights 11 or 77, or
United Airlines flights 93 or 175, on September 11, 2001.
``(e) State Defined.--In this section, the term `State'
means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, and any other territory of possession of the
United States or any political subdivision of any of the
foregoing.''.

The motion was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed.
A motion to reconsider was laid on the table.
A similar House bill (H.R. 3150) was laid on the table.

[[Page H7772]]

Appointment of Conferees

Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that the
House insist on its amendment to the Senate bill, S. 1447, and request
a conference with the Senate thereon.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.

Motion to Instruct Offered by Mr. Oberstar

Mr. OBERSTAR. Mr. Speaker, I offer a motion to instruct conferees.
The Clerk read as follows:

Mr. Oberstar moves that the managers on the part of the
House at the conference on the disagreeing votes of the two
Houses on the House amendment on the bill (S. 1447), to
improve aviation security, and for other purposes, be
instructed to make every effort to resolve all differences
between the two Houses as soon as possible, and no later than
Friday, November 9, 2001.

The SPEAKER pro tempore. Pursuant to clause 7 of rule XXII, the
gentleman from Minnesota (Mr. Oberstar) and the gentleman from Alaska
(Mr. Young) each will control 30 minutes.
The Chair recognizes the gentleman from Minnesota (Mr. Oberstar).
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we had a very lively and in-depth debate last week on
the aviation security measure pending before us, and I again wish to
express my appreciation to the chairman for the distinguished manner in
which he conducted the debate on his side, and to the chairman of the
subcommittee, the gentleman from Florida (Mr. Mica), for the evenhanded
manner in which the debate was conducted.
I am also very grateful for the kind words that both gentlemen
expressed toward me and toward other Members on our side at the
conclusion of debate. I think that is the spirit in which this body
operates at its best.
Last week, it was widely agreed that we needed to act on aviation
security. We should have acted on the 14th. We tried. We got a
compensation bill to the floor. It was objected to.
We came back a week later on the 21st. We should then have, I think
it was agreed that it would be ideal to have dealt with restoration of
airline finances and security in the same moment, in the same piece of
legislation. For other reasons, that could not be done at the time.
Now, time has passed, and the issue has become more complicated.
In the time since enactment of the Airline Financial Stabilization
package, which was necessary, we had to do that, but to get people back
on airplanes requires more than financially stable air carriers. It
requires travelers who are confident that when they board an aircraft,
they will arrive at their destination safely. Those who were white-
knuckle flyers before September 11 are now gripping their seats in fear
and concern for their lives.
We have also seen highly publicized incidents where the private
screener work force have allowed guns and knives through security
checkpoints. The FAA has had to step in, and in one incident reported
in the course of debate last Thursday at JFK Airport, had to take
people off airplanes, put them back in the terminal, search the
aircraft, review all passengers once again, and delay flights for
hours. That is unacceptable, to say the very least.
We have assurances from the administration that it was not necessary
to pass the bill that originated in the other body and sent to the
President, because the House and the Senate both could act quickly to
resolve their differences and that we would have a resolution of this
issue within a week. Well, that week is nearing its close. Conferees
should have been appointed last week before we concluded.
I asked the majority leader late in the evening when conferees would
be named, and he said, well, it would be done first thing in the week.
Well, this is first thing in the week. We have a lot of ground to
cover. Conferees need to be named. We have to move quickly to get a
bill through conference and through both bodies and to the President,
and we have a big mountain to climb.
Mr. Speaker, I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
I appreciate the words of the gentleman from Minnesota (Mr. Oberstar)
and his role and his dedication to security. I too want to move this
legislation as quickly as possible. I do compliment him on the motion
to instruct, because we all want to get this job done.
Unfortunately, I cannot control everything that happens in this
House, although I would like to. I will tell my colleagues that up
front. I cannot control what the other body does. But I intend myself,
personally, to see if we cannot expedite this process, and that means
going to conference and working with the Senate conferees, with them
hopefully having an open mind to the proposal which passed this House
overwhelmingly last week.
I am confident that that can occur. I hope it will occur very
rapidly. It is our intent to draft the perfect legislation for the
security of the traveling public in the United States.
Again, we are doing what we can do in this House. I cannot speak for
the other body, but we will do our job. With the working relationship I
believe we have, we will be able to accomplish that.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield 3 minutes to the gentleman from
Oregon (Mr. DeFazio), and I yield myself 10 seconds to express my great
appreciation to the gentleman for his 15 years of effort on aviation
safety and security issues and for his leadership in fashioning the
legislation that we crafted in committee.
Mr. DeFAZIO. Mr. Speaker, I thank the gentleman for yielding time. I
share the sentiments of the chairman of the committee that we should
engage the Senate immediately and aggressively and get a bill done this
week. I do not believe that we can do any less for the American people.
We are coming up on what is traditionally the busiest travel time of
the year, Thanksgiving, but we have yet to enact any more comprehensive
measures on the issue of aviation security since the attacks on
September 11.
Mr. Speaker, we acted with great dispatch, although I did not support
the legislation, to provide financial support to the industry. At that
time, I attempted on a motion to recommit to include some security
measures, and although a substantial number voted for that, it did not
pass. But here we are now almost 2 months later, still waiting.
When I was flying out to Oregon on Friday, I was on a plane with a
number of first responders, firefighters and medics who had been back
here at the fire academy; and they were all sitting on the aisle, they
were together, but they were all sitting along the aisle. And I said,
you guys are all together, but you are not sitting together. They said,
no, we are ready here on the aisle. If someone comes down this aisle,
they are not getting past us to the flight deck.
Now, that kind of occurrence I think many frequent flyers are hearing
almost every week. The passengers, the night crews, they are all making
their own plans because they are waiting for Congress to act.
They watched the debate last week. They are disappointed that we did
not go and adopt legislation that could have been immediately signed by
the President. I had that flight crew tell me they were very
disappointed and they hoped that this week, finally, Congress would
act. The same thing I heard from the firefighters and many other
frequent flyers. We have to act this week.
There are a number of myths that came out last week about the
provision most in contention. It was alleged that there would be 31,000
new Federal employees. Well actually, if we federalize the screeners,
that would be 16,200; that is as many as there are now. There has been
a concession on the other side that there will be a Federal security
officer at every screening point, so we cannot add in the supervisors,
the checkpoint law enforcement officers, and all the other things the
CBO used to get to this fantastical number of 31,000. So we are arguing
over the status of 16,000 people.
Some are saying, perpetuate the status quo. Argenbright proved it
again last weekend. The managers of that company should be in jail and
fired, not the employees necessarily. How many times do they have to
falsify documents? How many times do they have to hire known felons,
maintain known

[[Page H7773]]

felons on staff, and run a slipshod organization until we realize that
these private security companies are not getting the job done.
They have not gotten the job done for 30 years, and no amount of
Federal oversight is going to get us there with these same companies.
It just is not going to happen. These people are so used to abusing the
system with impunity and profiting from it that they just want to
perpetuate that.
At the minimum, we should at least disqualify companies who commit
felonies from any further Federal contract, and the bill does not even
do that that passed the House.
Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume
to the gentleman from Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, I am pleased to come to the floor tonight and
support the motion to instruct conferees. I think my colleagues on the
minority side, the Democrat side have a good motion to instruct
conferees. I think we all want to see this question resolved. The
Congress wants to see it resolved, and I know the House Members here
want to see it resolved. Most importantly, the American people want to
see aviation and transportation security in place in time for
Thanksgiving.
Let me respond to a couple of things that have been said. First, I
want to thank the Democrat staff and the Republican staff on the House
side for already meeting, and I think they have met for some time and
have begun to work together; and that shows the bipartisan cooperation
that is so necessary to draft, again, a comprehensive solution to our
aviation and transportation security problems. I am very pleased that
they have met.
I am sorry that the Senate staff has canceled several meetings to
date, and I hope that they will come forward, because we do not want to
delay.
I know we have some question right now about the number of conferees
being appointed, and I think that that is important to resolve. The
House is ready to go to work. I know the Democrat side is ready, and
the Republican conferees stand ready, and I hope that Members in the
other body will resolve their differences and get their conferees here
as soon as possible. So I think this is a timely resolution, and I
commend the minority for bringing it forward.
There are some questions about security in the interim, and I am
pleased to be here tonight to say that these questions need to be
answered. The American people need to know that this President and this
administration have acted with due speed. Soon this week there will be
an announcement that almost every major aircraft in the country has
already had the cockpit doors secured; that, in fact, the President
acted, and the Congress actually set up a program, and the airlines
will be reimbursed for this cost, but the airlines also acted with
speed. So the flying public will know that, in fact, when they take to
the air this holiday that, in fact, these changes have been made.
We have been training Federal air marshals from the very beginning.
This Congress appropriated funds. That program, I am also pleased to
announce, is well under way at the direction of the President.

{time} 1800

The President has also issued some intervening directives, and those
are in place. We have National Guard at most of our airport locations.
We have secured, with both local law enforcement and National Guard and
Federal officials, our airports.
We have also put into place interim rules. But the gentleman is
right, these are only interim solutions; and what we need is a long-
term fix.
But I must say that for the American people, and as far as security
is concerned, for Thanksgiving and their travel for the holidays, we do
not want to deliver a turkey as far as aviation and transportation
security legislation. We want a sound and a comprehensive plan; and we
want it sooner, rather than later. So I am pleased to join my
colleagues in that regard.
We introduced as a Congress in 1996 legislation to solve our aviation
security problems, and it did not solve our problems. Again last year,
this Congress acted with an aviation security bill, and that bill did
not do the job.
President Bush has given us one directive. He said that it may take a
little bit longer, but he has put in place these interim measures that
did work. In fact, they worked at O'Hare, if we look at the case of the
problems in O'Hare. The redundancy did in fact work, and that is
important to take note of, that these protections the President and the
administration have put in place on a temporary basis have worked.
We are not here to frighten the American people. We are telling them
that we are here to do a responsible and comprehensive job. We are not
here to sprinkle parsley around the turkey and say that this is a job
well done, this is a beautiful piece of work. Everyone knows beyond the
turkey that has been sprinkled with parsley that it did not do the job.
As far as the issue of the number of baggage screeners, I did not
rate the other body's bill, the Congressional Budget Office did. They
came up with the number of 31,000.
I would venture to say that if we take the legislation that we
passed, with even stronger checked-baggage screening requirements, and
if we had passed that with the Senate language, we would have a huge
bureaucracy involved in this.
Do the American people want a huge bureaucracy, or do they want
aviation security? That is really the question at hand.
We want a comprehensive plan. We take away the question and
responsibility of aviation security from airlines. All of the
legislation that is proposed, House, Senate, Republican, and Democrat,
does that. But it is important that beyond that that we do not focus
just on the issue of establishing a huge bureaucracy.
I think we need to look at these issues carefully. We may need a few
more days. However, I do support strongly the motion to direct the
conferees that is before us today.
Mr. OBERSTAR. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Maryland (Mr. Wynn).
Mr. WYNN. Mr. Speaker, I thank the gentleman for yielding time to me.
Mr. Speaker, let me begin by acknowledging the gentleman's hard work,
and as a matter of fact the hard work on both sides of the aisle. I
think both the chairman and the ranking member worked very hard, and it
was a well-intentioned effort.
Unfortunately, I have to take exception to the product that the House
passed calling itself airport security.
Mr. Speaker, I strongly support the motion to instruct. I think we
all do. We want to move quickly on this matter, and certainly by the
end of this week we ought to have it resolved.
As I said, I do not believe the House product is the one that ought
to be adopted. We have seen a virtual litany of security breaches over
the last months. We would think that after September 11, that the
private agencies that my Republican colleagues would like to rely on
would have tightened up their ships. That has not been the case.
On October 23 out of New Orleans, a gun was brought on. Last week, at
Kennedy Airport, there were massive breaches of security. Then this
past weekend at Chicago Airport, a stun gun, seven knives, and a can of
mace, through private security.
Mr. Speaker, my colleague interestingly says this redundancy at
O'Hare shows that the system worked. Let me pose a question: What if
the person who got through the first level of private security had used
those weapons, those knives, that stun gun, that mace? We could have
had the loss of life. We could have had serious injury. The fact of the
matter is, private security has not worked.
If we want good screeners, we have to have good pay. We have to have
benefits. It is clear that private companies, looking at the bottom
line, will not provide this kind of pay, this kind of benefit, and
provide us with the kind of quality screeners that we need.
If airport screening is truly an important job, and it absolutely is,
we should have Federal employees out of the Justice Department
performing this task.
Members will hear that we ought to adopt the European model. Clearly,
the European model is not comparable. In Europe, each country perhaps
has two or three airports. In this country, we have ten times that
many. We cannot compare ourselves with the European

[[Page H7774]]

model that in fact has not worked as efficiently as some of my
Republican colleagues would suggest.
What we do know is this: eighty-two percent of the American public
wants a federalized security force. The Senate voted 100 to nothing for
security at a Federal level. We ought to adopt a federalized security
system, and we ought to do it quickly.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 1 minute to the gentleman
from Florida (Mr. Mica).
Mr. MICA. I appreciate the gentleman yielding time to me, Mr.
Speaker.
Just to respond about the O'Hare incidents, as we look into the
O'Hare incident, we find first of all Federal officials failed to
detect this individual who was here on an expired visa. We find that
Federal officials failed and let go this individual after he committed
these violations. Actually, he was arrested when he came back.
We also find that Federal officials failed because Federal officials
are the ones that decided on the level of technology, and the level of
technology now deployed is flawed. We have even better technology that
will detect all kinds of weapons.
Mr. Speaker, as I said in the debate last week, we can have someone
with a Ph.D. If we have X-ray technology of the 70s and 80s, we cannot
detect. That is part of the problem.
Mr. OBERSTAR. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from Nevada (Ms. Berkley), a member of our committee.
Ms. BERKLEY. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, I rise today in support of this motion to instruct
conferees, Mr. Speaker. Aviation security is national security, and our
government has the ultimate responsibility to ensure our national
security.
Last week, at the very time when we were debating this bill on the
floor, the FAA closed one of the terminals at JFK Airport after
screeners were allowing passengers to enter the concourse without being
adequately checked.
Yesterday, screeners allowed a man to bring seven knives and other
weapons through a security checkpoint at O'Hare International Airport.
This system is broken. Passengers and baggage screeners are the front
line of law enforcement in our airports. Law enforcement is a public
responsibility. Highway troopers are public employees, not
subcontractors of the road building industry. When we call 911, we are
calling public law enforcement. Firefighters, police, and emergency
personnel are public, not private, employees.
The current system of contracting out to the lowest bidder is
unacceptable and irresponsible. Restoring the public's confidence in
aviation safety and getting people back in the planes are extremely
important to Las Vegas and other cities that depend on tourism. The
longer it takes to implement effective security measures in our
airports, the longer people will stay out of the air and the longer
people will stay away from tourist destinations. Businesses will
continue to suffer, and unemployment will continue to rise.
It is time that the House answers the call of our constituents who
are demanding airline security and pass legislation as soon as
possible.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 1 minute to the gentleman
from Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, I thank the gentleman for yielding time to me.
Mr. Speaker, let me just say that the House legislation, and our
proposal, calls for Federal takeover of airport security. We admit
there are defects in the present system and that no longer will the
airlines, under our legislation, handle the issue of airport security.
The House proposal also requires Federal supervision of the screening
process and the whole security plan. The Federal background checks are
also required under our legislation, Federal testing and Federal
oversight.
Let me just read from what the gentleman who I consider an expert,
James E. Hall, chairman of the National Transportation Safety Board
from 1994 until earlier this year, just said.
He said, ``Far too much time has been spent on the issues of
screeners. We have got to address everything in the system.''
A comprehensive plan is so important. That is what we need to
develop. We need to do it in a hurry. That is why I support the motion
before us.
Mr. OBERSTAR. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Illinois (Mr. Lipinski), ranking member of our
Subcommittee on Aviation.
Mr. LIPINSKI. Mr. Speaker, I wanted to get back to this O'Hare
situation, Mr. Speaker, that the chairman of the subcommittee were
talking about.
The gentleman volunteered at security that he had two knives. They
put his bag through the X-ray machine; and they did not find the mace,
the stun gun, or the other four knives.
He goes up to the counter or the gate at United. They were warned
ahead of time that he bought a one-way ticket with cash, so they do
stop him. They do talk to him. They then discover all of these other
items.
Now, he also had a checked piece of luggage. No one bothered to go
through that checked piece of luggage. It was put through a machine all
right, but no one bothered to go through it.
He, because of all the confusion and everything going on regarding
him, misses his flight to Omaha. His checked piece of luggage goes on
that plane to Omaha.
Now, to me that is a total breakdown in the existing system that we
have. We can blame the airlines, we can blame portions of the Federal
Government, we can blame the screeners, we can blame everyone; but
believe me, this is why we have to pass a new aviation security bill as
quickly as possible, to protect the American people from things like
this.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
In somewhat of a response, let us keep in mind that, unfortunately,
we keep talking about the past. We all admit, including Secretary
Mineta, President Bush, and myself, the chairman of the subcommittee,
that the existing system does not work. What we are trying to do is
pass the best system that will work.
I said it last week and I will say it this week: if I thought for one
moment that the so-called bill from the other body, I am not going to
say whatever it was, if I thought it would do a better job than what we
have been able to put together, the gentleman from Minnesota (Mr.
Oberstar) and myself, the gentleman from Florida (Mr. Mica), then I
would have been supporting the other bill. It is that simple.
I hope we keep this on a level playing field tonight. In fact, what
we are trying to do, and why I support the motion, is we are trying to
expedite the process and send a message to the Senate to get off what
they had, because in my heart, it will never happen on my watch, 100
percent their bill, because it does not do the job.
I want good security. We have a good product. We will go to
conference. If they can improve it for better security, then I will
support it. But I am not in this business just to make the talk shows
on Sunday. A lot of that has been going on. I think that is not good
for either body. Let us get the security that is necessary for the
traveling public.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself 45 seconds.
I think we have the same goals at heart, but we cannot ignore what is
happening. I realize that the chairman says this is in the past. We can
only talk about what is in the past. If we talk about what is going to
happen in the future, people will say we are just speculating.
But look what happened today. Our colleague, the gentleman from
California (Mr. Waxman), reported a woman boarding a flight at Dulles
Airport was unaware that her boarding pass had been mistakenly issued
in a man's name. Her name is Maryann. The boarding pass was issued to
Lester, with a different last name.
Maryann showed her photo ID at three checkpoints. No screening
company employee noticed the difference between the ID and the boarding
pass.
Mr. Speaker, these things keep happening. The idea of a piece of
luggage going on an airplane without the passenger on board is a
repetition of Pan Am 103. Unacceptable.
Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from
the District of Columbia (Ms. Norton).

[[Page H7775]]

Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, unacceptable is what this bill is; but I rise to support
the motion to instruct and am pleased to see that we can get
bipartisanship on something on this motion to instruct.
Mr. Speaker, we do need quick resolution of this matter; but we have
dug ourselves a hole, because if we look at the way the Congress has
voted overwhelmingly, the Congress has voted against the House bill. If
we put the Senate together with the House Democrats, how are we going
to get some kind of compromise? My hat is off to those who try, but we
must do so.
We must do so in no small part because this industry is failing
because people will not get in planes. Why should they? People want one
system. The reason they want Federal employees is they think they will
get one system.

{time} 1815

This industry is failing at a time when it was already in trouble and
when the latest unemployment figures tell us that the whole Nation is
in trouble. We knew the unemployment figures would be bad. They are
much worse than we thought they would be.
Getting people into these planes, giving them the confidence to get
into these planes is indeed just the kind of stimulus we need. We need
it before Thanksgiving. What has happened to the District of Columbia
is going to happen to your town as well. When people will not get in
planes, then tourism goes down.
Virtually every place, large and small, in the country today is a
tourist destination. If my colleagues have a rock in their district
then it is a tourist destination, but nobody is coming there.
Our tourism industry is flat, broken down, gone, because of fear of
flying. What will it take to get people in the air? What will it take
to get them to the pre-September 11 notion that they can fly wherever
they want to? We have got to get to the notion that we have a bill that
means they are safe. We have got to fix this bill with Federal
employees. We have got to let this bill fly, but it must fly right.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
I would like to remind people we did pass this bill with 269, I
believe, votes in the House and that is an overwhelming majority. I am
very proud of that; and again, I will say and repeat it again and
again: just to do something to have a charade conveyed upon the people
I will not be part of, just to say we passed something and say it does
something when it does not do it. I am not going to rehash what
happened last week in the sense that the other body's bill does not do
it, and we do a disservice when we sell something to the public that is
not really factually doing what we say it does.
Let us go to conference and see if we can solve this problem; but I
also urge my colleagues to talk to the other body and suggest that
since they have their feet dug in concrete, it is going to be a little
difficult. But what we did last week was the right thing to do, was the
right thing for the public, and it will be the right thing for the
public in the future, not only today but in the future.
Mr. Speaker, I yield 1 minute to the gentleman from Florida (Mr.
Mica).
Mr. MICA. Mr. Speaker, I thank the gentleman from Alaska (Mr. Young)
for yielding the time, and I think if anyone looks at the proposal that
was developed by the other side of the House and by the Republicans, it
was almost identical, and most of it dealt with solving the problems
that we see; and these problems will continue to reoccur, and we should
not panic every day.
I did say that the President put in place a redundant system and the
redundant system worked. United Airlines employees in their screening
process, final screening process, detected this; but it did point out
that the equipment, and I have a complete chronology of what took place
at O'Hare, but the equipment, after again this luggage was placed
through a second time, did not detect the weapons even at that point.
The FAA set the parameters for that equipment, and that is why it is so
important that the House legislation puts in place that rules be
adopted.
Mr. OBERSTAR. Mr. Speaker, may I inquire of the Chair the time
remaining on both sides?
The SPEAKER pro tempore (Mr. LaHood). The gentleman from Minnesota
(Mr. Oberstar) has 15\1/4\ minutes remaining, and the gentleman from
Alaska (Mr. Young) has 17 minutes remaining.
Mr. OBERSTAR. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from New York (Mr. Crowley).
Mr. CROWLEY. Mr. Speaker, I rise in strong support of the motion to
instruct conferees.
Mr. Speaker, I am appalled. It has been 7 weeks since the tragic
events of September 11, and we have yet to make any concrete progress
in the House to instill the confidence in our aviation system that
American travelers require and deserve.
While we stand here in this Chamber bickering over agency
jurisdiction, the need to federalize and funding concerns, our aviation
security apparatus continues to be breached at will.
On September 11, 19 hijackers boarded American airliners which led to
the murder of thousands of innocent Americans. What has the House done
in response to improve aviation security? Absolutely nothing yet.
Seven Dulles Airport employees failed a test initiated by airport
security officials, allowing weapons through the heightened security
checkpoint. How did we react? We did not do anything.
Just a few days ago, a man clears the security checkpoints at O'Hare
Airport with knives, mace and a stun gun; and once again, we have done
nothing.
Our unwillingness to move on this issue has put the safety of
American people in extreme peril. It is clear the current system does
not work.
The bill we passed in the House last week does not call for Federal
law enforcement personnel to be entrusted with aviation security. Only
the Senate version does.
The House bill simply calls for the oversight of private firms that
have already proven themselves incapable of doing the job. It is time
to face the facts. The underpaid, undermotivated, undervetted security
personnel are not getting the job done.
We found out the hard way that the status quo was totally inadequate.
Fool us once, shame on them. Fool us twice, shame on us.
The immediate Federal enforcement of the safety in our skies is
required, and the Senate version of this bill accomplishes just that.
We have dawdled long enough. Let us go to conference and pass
legislation that achieves the goal which we all share: the safety and
security of the flying public.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Tennessee (Mr. Ford).
Mr. FORD. Mr. Speaker, the picture is clear: our airlines and
airports simply lack the capacity and funding to fulfill this vital
police function.
We have heard it from all of our colleagues at Louis Armstrong
Airport where a man boarded a plane with a gun, learned in midair he
had a revolver in his briefcase which sensibly or I guess presumably
ran through the security checkpoint. At O'Hare Airport yesterday and
certainly at JFK not long ago where the entire concourse was closed,
all of this underscores the urgent need for increased security
measures.
My colleague, the gentleman from Alaska (Mr. Young), whom I have
great respect for, has indicated he cannot in any way sign on to a
federalization or what the Senate 100 to zero, all Republicans and all
Democrats, supported. He simply cannot support that legislation.
Let me remind all of my colleagues that federalization is nothing
more than a word for uniformity here: uniformity in training, standards
and equipment. I do not suggest that my colleagues on the other side
are driven by anything other than a desire to fix airport security
installations, but how asinine and revolting to hear my friends and
colleagues in this Chamber suggest that someone on this side, including
the 49 Republicans in the Senate, are motivated by nothing more than an
effort to increase political revenue and political support.
The generous and legal contributions that we enjoy from unions and my
colleagues enjoy from these private companies, none of that should
influence

[[Page H7776]]

the outcome of legislation, and we should separate that from this
debate. If we want to fix that problem, let us pass campaign finance,
but we are here today to discuss a motion to instruct the conferees.
I have heard some of my colleagues on the other side say, well,
private companies are able to protect nuclear reactors, where there is
secondary as well as back-up and increased back-up measures to ensure
that those private companies have no access to what happens at those
nuclear reactors.
I close on this note. For the first time in a long time the Congress
is actually viewed favorably by the public. The week after the attacks
on September 11, we acted as a body together. We stood on the steps and
sang ``God Bless America'' and came together to support our President
here in this Chamber. Let us not revert to the days in which we were
viewed so unfavorably by the public. Let us have an airport security
bill that protects the public. We have a Capitol Hill Police, a Secret
Service, security for cabinet members. All of them are Federal law
enforcement officials. The public deserves the same at our airports.

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore. The Chair would remind Members not to
attribute motives to the Senate.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, could I inquire of my distinguished
chairman how many speakers are on the other side?
Mr. YOUNG of Alaska. Mr. Speaker, we probably have one closing
statement by myself or the gentleman from Florida (Mr. Mica) and that
is it.
Mr. OBERSTAR. Mr. Speaker, they are a little sparse on the other
side.
Mr. YOUNG of Alaska. Mr. Speaker, no, we know we are on the right
side and we are not doing some of the other things that are being done.
The gentleman knows what I am talking about.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, the gentleman is on the right-hand side of
this Chamber; that is true.
Mr. Speaker, I yield 2 minutes and 20 seconds to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN of Virginia. Mr. Speaker, I cannot understand why we can be
so nonchalant about what happened over the weekend. It should be a red
flag.
After having debated an entire day and narrowly passing a bill at
great contradiction with what the Senate passed 100 to nothing,
deciding to give responsibility for the security of the people who fly
in our Nation's airlines to the very same firms that are now
responsible for that security. Apparently it was a victory for that
industry, a $700 million a year industry. But look what happened over
the weekend.
The very firm that has already gotten fined over $1 million because
they were not training their people, when the Inspector General of the
Department of Transportation went to Dulles Airport, they found 87
percent of the people that had been hired by Argenbright, a British
firm, I am sure they want to do the right thing, but they had hired 87
percent not U.S. citizens. It is almost impossible to do adequate
background checks. A number of them will be illegal felons, and a
number of them had not received any training. And yet we go back and we
entrust the security of the people of the United States to these very
same firms in the House bill. And then over the weekend we find this
guy, this Indiana Jones character with knives, with stun guns, with
mace getting on to a plane having gone through the same Argenbright
security system, the same system to which the House would entrust the
security of the public that wants to use our airlines.
We have more flights going out of the airport at our Nation's
capital, but it is not the number of flights. It is the number of
passengers on those flights. And there are not a sufficient number of
passengers.
Our airlines are going broke because the American public understands
what the majority of the House seems unprepared to accept. It is not
safe to fly on airlines unless we have professional people.
All we were trying to do is to have professional people, adequately
trained, adequately compensated with sufficient background checks. It
is the weakest link in our system. It has got to stop. The Senate bill
repairs that leak. We should pass the Senate bill. Obviously, we should
pass this resolution because we need security at our Nation's airports
and we need it now.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I sometimes wonder what it is on that side of the aisle
that everybody has to yell. That disturbs me. Is there a microphone
breakdown somewhere?
Mr. MORAN of Virginia. Mr. Speaker, will the gentleman yield?
Mr. YOUNG of Alaska. No, I will not yield.
Mr. Speaker, I cannot understand it because I can hear them perfectly
well, and I think they can hear me.
Maybe sometimes when there is a lot of noise, maybe there is, what I
call a cumulation of facts.
Our bill says nothing, nothing about keeping the same contractors.
Our bill sets high standards. Our bill requires new standards. Our bill
requires federalization. I just do not quite understand why people will
not accept that fact. If one truly has read the bill that was proposed
last year and some would suggest we accept; and one truly believes that
will give you security, then God bless you.
If one looks at what the gentleman from Minnesota (Mr. Oberstar) and
I have been able to do, and the work product we put together, that will
give us good security.
I even got my voice a little high this time. It must be the
microphones. That is all I can suggest.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, what is the time remaining on both sides?
The SPEAKER pro tempore. Fifteen and a half minutes for the gentleman
from Alaska (Mr. Young); 9 minutes for the gentleman from Minnesota
(Mr. Oberstar). Under the rules, the gentleman from Minnesota has the
right to close.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the distinguished
gentlewoman from California (Ms. Solis).
Ms. SOLIS. Mr. Speaker, I rise today also in support of the motion to
instruct. And, specifically, I would like to voice my strong support
for this section that would strike an egregious immigration provision
in the Senate version of the bill. In essence, the category that would
be created would require that anybody hired as a baggage screener to be
a U.S. citizen and then wait 5 years to be able to be approved as one
of those screeners.
I think this sets a double standard. We do not currently do that for
Members of Congress or Senators. Why should we create a double standard
there?
I do not believe that the other Chamber intentionally meant to
segregate one class of citizens over the other; and if this immigration
provision is included in the aviation security conference report, it
would be a terrible precedent; and I view it as unconstitutional.
I would request that we remove that provision and that we vote for
this motion to instruct.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Maine (Mr. Allen).

{time} 1830

Mr. ALLEN. Mr. Speaker, I rise in support of the motion to instruct.
What we have here across the country is a system with private companies
hiring people at the lowest possible wages with no benefit. The system
is broken, it does not work, and the public knows that.
For example, the turnover in these screening positions is 126 percent
a year. That means the average screener is on the job for 9 months. It
is not possible to have a well-trained, well-educated work force with
that kind of turnover.
At the root of this debate is a deep and profound suspicion of the
Federal Government. For 20 years, my friends on the other side have
been pounding away at the Federal Government and Federal employees, and
now we need those employees. This job needs to be one where we have
well-trained, professional Federal employees protecting the public.

[[Page H7777]]

I will just end by saying that in Portland, Maine, where I come from,
they have not been able to hire enough security screeners to deal with
the crush of people because they pay $7.50 an hour and they will not
pay a penny more. It needs to change.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Mrs. Tauscher).
Mrs. TAUSCHER. Mr. Speaker, I rise in strong support of the
Democratic motion to instruct conferees to convene and complete a
conference by this Friday, November 9. I was hopeful that the House
would pass the Senate version of the airport security legislation last
week so a conference could be avoided and the President could have
signed a comprehensive bill by now.
Now that a conference is convening, I am hopeful that conferees will
strike the provision requiring that airport security screeners must be
a citizen for 5 years before being eligible for employment. We should
not have a double standard for U.S. citizens that creates different
levels of citizenship.
Mr. Speaker, we do not require people seeking to serve in our
military or join the National Guard to be citizens for a certain period
of time to be eligible. I might add that the National Guard is serving
on the front line of airport security today, posted next to the
screeners and heavily armed. Once someone becomes a U.S. citizen, they
are a citizen, period.
Mr. Speaker, clearly the latest security breaches highlight the need
to make radical and swift changes to our airport screening procedures.
I am hopeful the conferees can reach a compromise as soon as possible.
The American people are waiting.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Texas (Mr. Rodriguez).
Mr. RODRIGUEZ. Mr. Speaker, we had 9 million passengers prior to
September, 5 million afterwards. We have got a real problem and we all
recognize it. Yes, this is not the answer that is going to save
everything, but it definitely is headed in the right direction.
I was listening to the comments of the chairman about the redundancy
in what we are creating. I think the gentleman is creating redundancy.
It is the status quo. It submits the same low bids, submits the same
private screeners, submits the same low wages, submits the same high
turnover rates in terms of the workers.
The bottom line is that right now we have a real serious problem and
we need to come to grips with the situation that is before us, and that
is that we need well-trained law enforcement people there. We all
recognize that if we have to travel, we are doing it, but for the
average person and our families we are real concerned under this
situation and we need to do the right thing.
The right thing to do is to put good law enforcement people there to
make sure we do the right thing. So as we move forward, we need to
recognize that and realize that we do have a problem.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Chicago, Illinois (Mr. Rush).
Mr. RUSH. Mr. Speaker, I thank the gentleman for yielding me this
time, and I rise in support of the Democratic motion to instruct
conferees.
Mr. Speaker, the American people will not allow themselves to be
bamboozled. I know the airlines are not safe. Every Member of this body
knows the airlines are not safe. The American people know that the
airlines are not safe. The American people are demanding that the
Congress, this body, make our airlines safe again. And allowing private
companies to screen and search our bags is totally unacceptable. The
American public deserves better than simple excuses.
Airline safety is a national security issue that deserves national
security responses. The way to accomplish this is simple: We must
federalize our airport security. There must be clear lines of
accountability, and this cannot be delegated to the private sector.
Mr. Speaker, Christmas is upon us. America's families want to travel
home and they must have safe and secure air travel.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from New Jersey (Mr. Holt).
Mr. HOLT. Mr. Speaker, I thank the gentleman for yielding me this
time, and I rise in strong support of his motion to instruct conferees.
We know how to get a good airline security bill through Congress. We
could have had the law by now. It is so straightforward, we can have it
this week.
Americans are pragmatic. They know that the current system of low-
bid, low-wage contractors does not work. It does not catch knives, it
does not catch mace, and it does not catch stun guns. And the American
public do not like Members of Congress who are so caught up in their
ideology, so sure of themselves, that they will not listen to the other
side and they will not listen to the American people.
Americans look at us in wonder. How can we be divided, stalled on
this? We pass a $15 billion bailout bill for the airlines, but we
cannot get around to simple airline security legislation? We might as
well throw away the $15 billion of bailout money if we do not restore
the confidence of passengers.
Empty planes, well-paid executives, and well-financed airlines is not
the prescription for economic recovery.
Mr. OBERSTAR. Mr. Speaker, may I ask how much time remains?
The SPEAKER pro tempore (Mr. LaHood). The gentleman from Minnesota
has 3 minutes remaining.
Mr. OBERSTAR. Mr. Speaker, I reserve the balance of my time.
Mr. YOUNG of Alaska. May I inquire of the gentleman if he has any
other speakers, other than himself? I know he has the right to close.
Mr. OBERSTAR. I will have two speakers on our side, and we have 3
minutes left.
Mr. YOUNG of Alaska. Mr. Speaker, how many minutes do I have left?
The SPEAKER pro tempore. The gentleman from Alaska (Mr. Young) has
15\1/2\ minutes remaining.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 3 minutes to the gentleman
from Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, we all want comprehensive aviation security
legislation.
Some of the things that have been said may play well on television or
with the media. I hope they are not really meant to make the public
feel that it is unsafe to fly.
I have outlined what this administration has done. The President has
put in place directives, and this week almost every major passenger
aircraft in the country will have the cockpit doors secured. The
President has ordered our air marshals to be trained; they are being
trained. Other law enforcement personnel are being assigned to our
aircraft. Secretary Mineta has announced a zero tolerance policy. That
is why we have had the redundancy in place.
Even if we adopted the Senate's plan to employ some 31,000 new
Federal employees, it will take 3 to 5 years to train them and get them
in place. We need an interim plan.
We all agree that the current system does not work. No one is
proposing we keep the current system. We are all proposing that the
Federal Government take over that responsibility. So this is not the
time to demagogue the issue. This is the time to pass comprehensive
legislation.
We heard some of the speakers just a minute ago talk about taking
away rights of citizens or not honoring rights of citizens. That was in
the Senate bill, not our bill. We heard people talking about the same
private screeners continuing. That is not in our bill. Our bill has
Federal supervision, Federal management, Federal background checks, and
a comprehensive ability to put in place the rules to get the best
technology to detect this equipment.
We have waited years and years for the Federal Government to act. We
have to have someone with both the responsibility and the authority to
get in place emergency regulations dealing with equipment, dealing with
screeners, dealing with all of these items, and do this in a
businesslike fashion so that we have in place a long-term,
comprehensive plan for aviation and transportation security.
We all want the same thing. I support this resolution. I think we
should all move forward. We urged the other body to move forward, and I
urge my colleagues to urge the other Members to move forward. I think
we can do this. We all want to get to the same place. It is important
that we have the best possible product in the end. The American people
want nothing less, and I think that they expect us to come here and
deliver that package.

[[Page H7778]]

Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Illinois (Mr. Lipinski)
Mr. LIPINSKI. Mr. Speaker, I thank the gentleman for yielding me this
time.
I think the chairman, the gentleman from Alaska (Mr. Young), and the
chairman of the subcommittee, the gentleman from Florida (Mr. Mica),
and the ranking member, the gentleman from Minnesota (Mr. Oberstar),
and myself all have the same goal in mind: We want to produce the best
possible security bill for aviation that we can.
I would simply like to go back once again to the O'Hare situation,
though, so everyone realizes that the system is broken and the system
has to be repaired as quickly as possible. Of the eight screeners who
were suspended last Saturday by the FBI, three of them have criminal
background records and one of them is a gang member. We cannot continue
to allow people like this to handle the screening at our airports.
I am confident that very soon we can resolve this with the
cooperation of all the conferees.
Mr. YOUNG of Alaska. Mr. Speaker, how much time do I have left?
The SPEAKER pro tempore. The gentleman from Alaska (Mr. Young) has
12\1/2\ minutes remaining.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 6 minutes to the gentleman
from Texas (Mr. DeLay).
Mr. DeLAY. Mr. Speaker, I thank the chairman for yielding me this
time, and I appreciate the debate, which is sort of an extension of the
debate that happened last week.
I wanted to come down to the floor to congratulate the chairman and
the ranking member for bringing this motion to instruct. I support the
motion to instruct, but I wanted to explain a little bit about my
perspective in this and, hopefully, clear the air.
What people need to understand, and I hope this House would
understand, is that the gentleman from Minnesota (Mr. Oberstar) and the
gentleman from Alaska (Mr. Young) and the gentleman from Florida (Mr.
Mica) came to an agreement on a bill. The bill of the gentleman from
Minnesota (Mr. Oberstar) is basically identical to the bill of the
gentleman from Alaska (Mr. Young), except for one part, and that is
whether to nationalize the baggage screeners or to federalize them.
From our perspective, we think we ought to federalize them. From the
point of view of the gentleman from Minnesota, he thinks they should be
nationalized and Federal employees. That is the only real bone of
contention on this bill.
The two men, the three men came together, as well as the gentleman
from Illinois (Mr. Lipinski) too, came together and wrote a very good,
strong security bill, which I congratulate everyone for doing. Of
course, it got mired in the discussion of whether we ought to have the
Senate bill, which is a fatally flawed piece of legislation, or the
legislation that was almost worked out by the Committee on
Transportation and Infrastructure.
So we get down to this one issue, because the difference between the
House bill and the Senate bill is miles apart. It is a huge difference,
because the Senate bill did not cover the airports, it only covered
airlines and screeners. It did not cover the Tarmac. It did not provide
security for the perimeter, the parking lots, the vendors, the
caterers, and everything else. They did not do anything about other
modes of transportation: bridges, ships, trains and others. The House
bill did.
So it comes down to the screeners. Now, some, particularly in the
other body, Mr. Speaker, they are comparing screeners to Capitol Hill
Police. I have heard people say that the Capitol Hill Police protect
us; why can the American people not at least have that kind of
protection?

{time} 1845

Mr. Speaker, I have to say that is an insult to the Capitol Hill
Police. I have worked very closely with the Capitol Hill Police. They
are highly trained law enforcement officers that deal with all kinds of
issues. They are police that carry guns. In fact, there were two
wonderful Capitol Hill officers that died in this building, one of them
in my office; so I have the utmost respect for the Capitol Hill Police.
We are not asking highly qualified and highly trained law enforcement
officers to stand by a screening machine and watch bags go through. We
are saying those people should be highly trained, comply with the
standards laid out by the Department of Transportation, comply with the
criteria laid out by the Department of Transportation, and they should
be certified by the Department of Transportation. And once we do that,
we add value to that person. That person has a certification. That
person is worth more, and it will attract highly qualified people.
The second issue, most people do not understand that the entire
judicial branch contracts out their security. The Supreme Court
contracts out their security. Even the DEA, the Drug Enforcement
Agency, contracts out their security. So the Federal Government
understands for specific cases they might want to use the private
industry, and those kinds of individuals that are brought to this issue
in the private industry.
My point is what we are trying to do is to design a model, a very
good model by the way, according to the gentleman from Minnesota (Mr.
Oberstar) and the gentleman from Alaska (Mr. Young), a model that
brings security to all of our modes of transportation, part of that
being the airlines and the airports.
What we are asking is to follow a model that has already been tried
in Europe and Israel. A nationalized model is the model that they tried
back in the 1970s and 1980s, and it was a disaster.
This model brings the flexibility of private industry under the
accountability of the Federal Government. We will have badged law
enforcement Department of Transportation people at each station where
bags are being screened. We will have baggage screeners that are well
trained and certified sitting there screening the baggage.
Mr. Speaker, my point is and what this argument is over is whether we
nationalize these employees or federalize them. Nationalize them means,
as an example, we want to nationalize all of the pilots that fly these
planes. Right now we have a federalized system. The Department of
Transportation through the FAA licenses these pilots; yet these pilots
work for a private company. The same with flight attendants and
mechanics. It works quite well. In fact, I would submit that it would
be horrible if we nationalized the airlines and nationalized flight
attendants and mechanics. The point here is that we have tried a
nationalized system, as examples in Europe show us, and it does not
work.
To bring the best security that we know how, we have designed in the
House bill that is going to conference a system that actually brings
security to the flying public and now people on the ground, a system
that the President of the United States understands and supports and
will bring us the security that the American people deserve.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to suggest that we go to conference. We
should be talking about this motion. It is a good motion. It will
expedite the process.
I would also like to suggest that the product we put together covers
more than just airport security. The other body's bill is just airport
security. We have ports, we have railroads, we have bridges, and we
have pipelines. We have all forms of transportation that we have to
make sure are secure.
I believe very strongly that the product that we voted on last week,
269 votes in favor of, does that job. Our job is to go to conference
and see whether we can meld with what the other body wishes to do
together into a comprehensive bill. I urge my colleagues to consider
that. This is about working together and being able to compromise and
understanding that we are all seeking the same thing, and that is a
secure way of all forms of travel in the United States.
Mr. Speaker, I yield back the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I share the objective of the distinguished chairman to
get to an early resolution. I do have to cite some misconceptions about
the number of screeners that would be required in the proposal that I
offer on behalf of

[[Page H7779]]

the Members on our side and the committee.
The number of 30,000-some people is just way beyond any imaginable
number. The Congressional Budget Office number of 16,200 screeners is
followed by a recitation of a whole series of supervisory personnel
that totals 7,000 supervisors for 16,000 screeners. Maybe that is what
they need in the private sector, but it is certainly not what we need
in the public sector. That is simply not necessary. The distinguishing
feature of the private sector approach is the profit that those
companies have to make on each of those 23,000 or 31,000, whatever the
number is. It kept getting inflated last week.
Furthermore, this so-called good system, in the private screeners,
there are 1,700 civil penalties assessed against the airlines and their
screening companies over the last 5 years for a total of $8 million in
fines. The system failed. What failed miserably was not the system in
Europe of government oversight. They simply shifted to smaller numbers
of screeners with more vigorous and heavy, intensive government
oversight and involvement and background screening and passenger
profiling and positive passenger bag match to a more intensive
screening system with fewer numbers of people.
Mr. Speaker, we need to move quickly to a resolution of the
differences between the House and the Senate bills. The other body
should yield on their insistence on the Justice Department, and move to
our position of putting this position in the Department of
Transportation; and we ought to reach compromises and yield on the
screener workforce issues.
Mr. UDALL of Colorado. Mr. Speaker, I wish that we did not have to
adopt this motion--but I strongly support it.
We should not have to have a conference on this legislation. Instead,
the House should have approved the bill that was unanimously approved
by the Senate--the bill I voted for last week--and sent to the
President for signing into law. Unfortunately, that bill was rejected
by a narrow margin.
This motion instructs the conferees to resolve their differences with
the Senate version of this legislation and return a bill for the
House's consideration by this Friday, November 9th.
In other words, it reminds the House conferees that with the normally
busy holiday travel season just around the corner, it is urgent that
Congress act to improve the safety of airline passengers and the health
of our air transportation system.
No such reminder should be needed. But it has been nearly a week
since the House Republican leadership defeated the Senate bill, thereby
preventing improved aviation safety procedure from being immediately
launched. And, as we saw with yesterday's security failure at Chicago
O'Hare Airport, we can't afford to wait another week.
Aviation security is a matter of national security and public safety.
It is part of the front line of our national defense and Congress
should put in place an effective, federally managed system. I believe
that baggage screeners should be part of a professional, highly
skilled, highly trained law enforcement workforce and serve as the
front line of our nation's defense. We would never consider contracting
out the war in Afghanistan, and we shouldn't contract out airline
security.
As I said last week, we need to put people before politics and action
before acrimony. We need a strong aviation security bill--and we need
it without more delay.
The conference committee must quickly produce a bill that improves
the House bill and that holds contractors accountable for the aviation
security system. The safety of airline passengers and of our air
transportation system depends on it.
Mr. TIERNEY. Mr. Speaker, yesterday United Airlines and Argenbright
Security were embarrassed to admit that they cleared a man through
Chicago O'Hare Airport with seven knives and a stun gun. After enormous
public outcry and international media exposure, they vowed to
immediately take corrective action.
Yet only a couple of hours ago, they failed again.
A woman named Marianne went to Dulles Airport this afternoon to board
a United Airlines flight to San Francisco. Marianne checked in at the
United ticket counter, showed her ID, and cashed in miles from her
account for an upgrade. United issued the upgrade, checked her luggage
and issued Marianne a boarding pass.
From the United ticket counter Marianne proceeded to the Argenbright
security checkpoint. She presented her ID and her boarding pass for
inspection. Argenbright checked her through security.
Marianne arrived at the United gate. Again she was asked to show her
ID and her boarding pass. Again she was cleared through security.
Marianne boarded the plane and sat in her seat.
A few minutes later, a man boarded the plane and said, ``you are
sitting in my seat.'' Turns out, United had issued them both the same
boarding pass--2 passes with the same name--HIS name--Lester.
United took Marianne off the plane, and told her that United had no
record of her name in the system despite the fact that she had used
miles from her account to get the upgrade; that there were 2 boarding
passes issued to Lester and no seat listing for Marianne. Moreover,
Marianne's luggage was checked in Lester's name and still headed to San
Francisco.
United booked Marianne on a later flight to San Francisco. When her
3:30 flight lands in a few minutes from now, she will not only suffer
the inconvenience of being several hours late through no fault of her
own, but Marianne will have to go searching for her luggage under
Lester's name. And who knows what will happen to her miles?
If the people in San Francisco pay as little attention as those at
Dulles, that won't be a problem. But if they actually look at the name
on her ID and the name on her baggage tags; if they actually deduce
that Marianne, a female, is not Lester, a male, then she will have a
lot of explaining to do.
The truth is, it's United and Argenbright who have a lot of
explaining to do. It's the Republican majority, who voted last week to
continue the status quo of contracting out airport security checkpoint
work to the lowest bidder, who have some explaining to do.
Ms. MILLENDER-McDONALD. Mr. Speaker, today we have yet another chance
to address aviation security exactly eight weeks after the tragic
events of September 11th. It is the federal government's job to protect
our country during times of war and from threats to our national
security.
I want to urge my colleagues to support the motion to instruct
conferees. This motion simple asks the conferees to resolve the
differences between the Senate and House aviation security bills. This
will finally enable Congress to produce an aviation security bill
necessary to reassuring the traveling public that it is safe to use our
aviation system.
This motion is particular prudent in light of the continuing failures
at our nation's airports. The bill that the House adopted last week
accepted more of the status quo. What does status quo equal, it equals
more incidents like that at Chicago O'Hare on Sunday. Where once again
the private contractor, Argenbright, charged with the security at the
gate failed.
This is the same company that was fined a million dollars and placed
on 36 months probation for failing to conduct required background
checks and for hiring convicted felons and improperly training workers
which provide security at U.S. airports. This is the same private
contractor that the House version of the security bill will entrust
with the security of your wife or husband, your son or daughter, your
brother or sister, your best friend. Enough is enough let us fix
aviation security the right way, support the motion to instruct
conferees.
Mr. OBERSTAR. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). Without objection, the previous
question is ordered on the motion to instruct.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to instruct
offered by the gentleman from Minnesota (Mr. Oberstar).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MORAN of Virginia. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

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