[Congressional Record (Bound Edition), Volume 147 (2001), Part 15]
[House]
[Pages 21703-21729]
[From the U.S. 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 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

[[Page 21704]]

     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.
       (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.

[[Page 21705]]

       (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);
       ``(C) the airport is reimbursed by the United States, using 
     funds made available by

[[Page 21706]]

     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

[[Page 21707]]

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

     SEC. 110. RESEARCH AND DEVELOPMENT.

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

[[Page 21708]]

       (c) Coordination with Attorney General.--Section 44912(b) 
     of title 49, United States Code, is amended by adding at the 
     end the following:
       ``(3) Beginning on the date of enactment of the Aviation 
     Security Act, the Administrator shall conduct all research 
     related to screening technology and procedures in conjunction 
     with the Attorney General.''.

     SEC. 111. FLIGHT SCHOOL SECURITY.

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

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

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

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

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

     SEC. 112. REPORT TO CONGRESS ON SECURITY.

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

     SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

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

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

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

     ``Sec. 46503. Interference with security screening personnel

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

[[Page 21709]]

     on Commerce, Science, and Transportation and to the House of 
     Representatives Committee on Transportation and 
     Infrastructure on compliance by United States air carriers 
     with the requirements of subsection (a).

     SEC. 118. SECURITY FUNDING.

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

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

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

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

               ``CHAPTER 483. AVIATION SECURITY FUNDING.

``Sec.
``48301. Aviation security funding

     ``Sec. 48301. Aviation security funding

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

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

     SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION 
                   SECURITY.

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

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

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

[[Page 21710]]

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

     SEC. 123. MAIL AND FREIGHT WAIVERS.

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

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

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

     SEC. 125. FLIGHT DECK SECURITY

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

     SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

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

[[Page 21711]]



     ``Sec. 44943. Performance Management System

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

     SEC. 128. USE OF FACILITIES.

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

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

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

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

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

     ``Sec. 44944. Exemption of volunteers from liability

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

[[Page 21712]]

     this Act, the Secretary shall submit to the appropriate 
     committees of Congress a report containing a proposal for the 
     program to be implemented under paragraph (1).
       (c) Background Checks for Aliens Engaged in Certain 
     Transactions Regarding Aircraft.--
       (1) Requirement.--Notwithstanding any other provision of 
     law and subject to paragraph (2), no person or entity may 
     sell, lease, or charter any aircraft to an alien, or any 
     other individual specified by the Secretary for purposes of 
     this subsection, within the United States unless the Attorney 
     General issues a certification of the completion of a 
     background investigation of the alien, or other individual, 
     as the case may be, that meets the requirements of section 
     44939(b) of title 49, United States Code, as added by section 
     111 of this title.
       (2) Expiration.--The prohibition in paragraph (1) shall 
     expire as follows:
       (A) In the case of an aircraft having a maximum certified 
     takeoff weight of more than 12,500 pounds, upon 
     implementation of the program required by subsection (a).
       (B) In the case of an aircraft having a maximum certified 
     takeoff weight of 12,500 pounds or less, upon implementation 
     of the program required by subsection (b).
       (3) Alien defined.--In this subsection, the term ``alien'' 
     has the meaning given that term in section 44939(f) of title 
     49, United States Code, as so added.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Commerce of the House of 
     Representatives.

     SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

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

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

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

     SEC. 134. DEFINITIONS.

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

         TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

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

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

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


[[Page 21713]]


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

  Subtitle C--Research and Development of Aviation Security Technology

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

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


                 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.

[[Page 21714]]

       ``(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;
       ``(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--

[[Page 21715]]

       (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 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--

[[Page 21716]]

       (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 
     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

[[Page 21717]]

     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 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

[[Page 21718]]

     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.''.

     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:

[[Page 21719]]



       ``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 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''

[[Page 21720]]

     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 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

[[Page 21721]]

     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.


                        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

[[Page 21722]]

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 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

[[Page 21723]]

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 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.

[[Page 21724]]

  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).
  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

[[Page 21725]]

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 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

[[Page 21726]]

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.
  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.

[[Page 21727]]

  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.
  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

[[Page 21728]]

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 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.

[[Page 21729]]

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.

                          ____________________