[House Report 107-264]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-264

======================================================================



 
  PROVIDING FOR CONSIDERATION OF H.R. 3150, SECURE TRANSPORTATION FOR 
                          AMERICA ACT OF 2001

                                _______
                                

  October 31, 2001.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Reynolds, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 274]

    The Committee on Rules, having had under consideration 
House Resolution 274, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                Summary of provisions of the resolution

    The resolution provides for consideration of H.R. 3150, the 
Secure Transportation for America Act of 2001, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Transportation and 
Infrastructure.
    The rule makes in order only those amendments printed in 
this report accompanying the resolution, which may be offered 
only in the order printed in this report, may be offered only 
by a Member designated in this report, shall be considered as 
read, shall be debatable for the time specified in the report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House 
or in the Committee of the Whole. The rule waives all points of 
order against such amendments.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            Committee votes

    Pursuant to clause 3(b) of House Rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 50

    Date: October 31, 2001.
    Measure: H.R. 3150.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the amendment by 
Representative Gephardt which contains the same text as H.R. 
2955, the Displaced Workers Assistance Act. The amendment 
provides financial assistance, training, and health care 
coverage to employees of the airline and related industries who 
lose their jobs as a result of the attacks of September 11, 
2001; provides expanded unemployment insurance benefits, fully 
subsidizes health insurance premium payments of COBRA-eligible 
individuals; and provides federally funded Medicaid coverage 
for the non-COBRA eligible.
    Results: Defeated 4-6.
    Vote by Members: Goss--Nay; Diaz-Balart--Nay; Hastings 
(WA)--Nay; Sessions--Nay; Reynolds--Nay; Frost--Yea; Hall--Yea; 
Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.

           summary of amendments made in order under the rule

    (Summaries derived from information provided by amendment 
sponsors.)
    Young (AK)--Manager's Amendment. Extends the $1.5 billion 
authorization into FY 2003; authorizes airlines to use 
technology to create a trusted passenger program to expedite 
the security process for them and allow the screeners to focus 
on those who should be subject to more extensive examination, 
amends the Stabilization Act to clarify that deferred 
compensation does not preclude the airline's eligibility for 
the financial assistance provided by the Act; establishes 
guidelines for transportation of medical items that cannot be 
opened or x-rayed; modifies the Stabilization Act to allow a 
different method for assessing the compensation share of the 
air medical industry; establishes preference for laid off 
airline workers in screener hiring; improves identification or 
verification of status of armed individuals; requires airports 
receiving financial aid to work with airport restaurants, 
shops, and other concessionaires on rent adjustments to account 
for their loss of revenue; allows oversized musical instruments 
to be carried on planes notwithstanding restrictions on carry-
on baggage subject to such other reasonable terms such as 
additional payment; allows airline caterers to share with the 
airports in the $1.5 billion authorization to cover the 
additional security costs that they have been incurring since 
9/11; expresses the sense of Congress urging the FAA to 
continue negotiation in good faith with their flight service 
specialists with a goal of reaching agreement on a contract as 
soon as possible; expresses the sense of Congress that the FAA 
should implement section 202 of the Stabilization Act so as to 
make war risk insurance available to vendors, agents, and 
subcontractors of general aviation aircraft; expresses the 
sense of Congress that airlines that have a contract with the 
Postal Service to carry the mail should carry any animal that 
the Postal Service allows to be shipped through the mail; 
extends liability language in the Stabilization Act to 
manufacturers; requires retroactive background checks for 
screeners and airport employees; strengthens existing language 
in the bill on the screening of checked baggage; requires 
airlines to provide seating an off duty air marshal who is 
returning home on a flight to the airport nearest the marshal's 
home at no cost to the marshal or the federal government if the 
marshal is returning home after completing his security duties; 
allows, in FY 2002, a privately-owned airport terminal to 
receive an AIP grant to help pay off a bond if DOT determines 
that such a grant is necessary to prevent a default on the 
bond; requires airlines to honor tickets of bankrupt airlines 
to the extent practicable; gives otherwise qualified pilots a 
preference for hiring, requires screeners to demonstrate 
fitness for duty each day; deputizes screeners; changes name to 
Airport Security Federalization Act; requires that a system is 
in place to screen all checked baggage no later than December 
31, 2003, and cargo as soon as practical.
    Oberstar--Amendment in the Nature of a Substitute. 
Incorporates the text of S. 1447, as passed by the Senate. 
Makes major improvements in all aspects of aviation security, 
and requires that the screening of passengers and their baggage 
at the 140 largest airports be conducted by federal employees. 
Also makes security improvements regarding checked baggage, 
airfield security, Federal Air Marshals, cockpit security, 
anti-hijack training, and funding.

             text of amendment made in order under the rule

 1. An Amendment To Be Offered by Representative Young of Alaska, or a 
                   Designee, Debatable for 20 Minutes

  Page 1, line 6, strike ``Secure Transportation for America 
Act of 2001'' and insert ``Airport Security Federalization Act 
of 2001''.
  In the table of contents after line 8, strike the item 
relating to section 15 and insert the following:
Sec. 15. Technical corrections.
  Page 2, before line 9, insert the following:

                       TITLE I--AVIATION SECURITY

  Redesignate sections 2 through 22 of the bill as sections 101 
through 121, respectively.
  Conform the table of contents of the bill, accordingly.
  Page 13, line 17, strike ``(1) in subsection (a) by 
striking'' and inserting the following:
          (1) in subsection (a)--
                  (A) by striking ``a cabin of''; and
                  (B) by striking
  Page 14, line 2, strike ``The responsibility'' and insert the 
following:
          ``(1) In general.--The responsibility
  Page 14, after line 8, insert the following:
          ``(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.
  Page 14, line 20, strike the closing quotation marks and the 
final period and insert the following:
  ``(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.''.
  Page 16, lines 11 and 12, strike ``Secure Transportation for 
America Act of 2001'' and insert ``Airport Security 
Federalization Act of 2001''.
  Page 16, line 20, strike ``pursuant'' and insert ``pursuant 
to''.
  Page 19, line 22, strike ``and''.
  Page 20, line 2, strike the period and insert ``; and'' and 
the following:
                  (J) the ability to demonstrate daily a 
                fitness for duty without any impairment due to 
                illegal drugs, sleep deprivation, medication, 
                or alcohol.
  Page 21, line 14, strike ``and''.
  Page 21, line 20, strike the period and insert a semicolon 
and the following:
          ``(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.
  Page 22, line 3, after ``consultation with'' insert ``and 
concurrence of''.
  Page 22, before line 10, insert the following:
  (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;''.
  Page 24, line 1, strike ``Provide'' and insert ``Establish 
performance goals for individuals described in paragraph (6), 
provide''.
  Page 24, lines 2 and 3, strike ``individuals described in 
paragraph (6)'' and insert ``such individuals,''.
  Page 26, after line 2, insert the following:
          ``(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.
  Page 26, strike line 19 and all that follows through line 7 
on page 27 and insert the following:
  ``(d) Property Security Program.--
          ``(1) Checked baggage.--
                  ``(A) Final deadline for screening.--A system 
                must be in operation to screen all checked 
                baggage at all airports in the United States no 
                later than December 31, 2003.
                  ``(B) Use of explosive detection equipment.--
                The Under Secretary shall ensure that explosive 
                detection equipment installed at airports to 
                screen checked baggage is used to the maximum 
                extent possible.
                  ``(C) Installation of additional explosive 
                detection equipment.--The Under Secretary shall 
                install additional explosive detection 
                equipment at airports as soon as possible to 
                ensure that all checked baggage is screened 
                before being placed in an aircraft.
                  ``(D) Interim bag-match programs.--Until the 
                Under Secretary has installed enough explosive 
                detection equipment at airports to ensure that 
                all checked baggage is screened, the Under 
                Secretary shall require air carriers to 
                implement bag-match programs that ensure that 
                no checked baggage is placed in an aircraft 
                unless the passenger who checks the baggage is 
                aboard the aircraft.
          ``(2) Cargo deadline.--A system must be in operation 
        to screen all cargo that is to be transported in 
        passenger aircraft in air transportation and intrastate 
        air transportation as soon as practicable after the 
        date of enactment of this paragraph.
  Page 29, line 10, strike ``and'' and insert the following:
          (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
  Page 29, line 11, strike ``(2)'' and insert ``(3)''.
  Page 34, strike line 23 and all that follows through line 4 
on page 35 and insert the following:
  ``(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 and vendors that provide on-airfield direct 
        services to air carriers for direct costs incurred by 
        such operators and vendors to comply with new, 
        additional, or revised security requirements imposed on 
        such operators and vendors by the Federal Aviation 
        Administration or Transportation Security 
        Administration on or after September 11, 2001. Such 
        sums shall remain available until expended.
          ``(2) Adjustments in rents of airport tenants.--
        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 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.''.
  Page 36, line 9, strike ``subsection (b)'' and insert 
``paragraph (2)''.
  Page 39, lines 16 and 17, strike ``Secure Transportation for 
America Act of 2001'' and insert ``Airport Security 
Federalization Act of 2001''.
  Page 43, line 22, after ``sponsor'' insert ``or at a 
privately owned or operated airport passenger terminal financed 
by indebtedness incurred by the sponsor''.
  Page 44, beginning on line 25, strike ``Secure Transportation 
for America Act of 2001'' and insert ``Airport Security 
Federalization Act of 2001''.
  Page 45, after line 15, insert the following:
  (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.''.
  (e) Limitation on Certain Employee Compensation.--Section 
104(b) of such Act is amended by adding at the end the 
following: ``The term does not include the amount of any 
payment received with respect to amounts earned or accrued 
before September 11, 2001, but deferred for future payment.''.
  At the end of the bill, add the following (and conform the 
table of contents of the bill accordingly):

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

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

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

  ``Each air carrier that provides scheduled air transportation 
on a route shall provide, to the extent practicable, air 
transportation to passengers ticketed for air transportation on 
that route by any other air carrier that suspends, interrupts, 
or discontinues air passenger service on the route by reason of 
an act of war or terrorism or insolvency or bankruptcy of the 
carrier.''.
  (b) Conforming Amendment.--The analysis for such subchapter 
is amended by adding at the end the following:
``41722. Requirement to honor passenger tickets of other carriers.''.

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

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

                     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 or possession of the United States or any 
political subdivision of any of the foregoing.''.
                              ----------                              


2. An Amendment To Be Offered by Representative Oberstar of Minnesota, 
                or a Designee, Debatable for 60 Minutes

  Strike all after the enacting clause and insert the 
following:

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

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

  (a) In General.--Section 44935 of title 49, United States 
Code, is amended--
          (1) by redesignating subsection (f) as subsection 
        (i); and
          (2) by striking subsection (e) and inserting the 
        following:
  ``(e) Security Screeners.--
          ``(1) Training program.--The Attorney General, in 
        consultation with the Secretary of Transportation, 
        shall establish a program for the hiring and training 
        of security screening personnel.
          ``(2) Hiring.--
                  ``(A) Qualifications.--The Attorney General 
                shall establish, within 30 days after the date 
                of enactment of the Aviation Security Act, 
                qualification standards for individuals to be 
                hired by the United States as security 
                screening personnel. Notwithstanding any 
                provision of law to the contrary, those 
                standards shall, at a minimum, require an 
                individual--
                          ``(i) to have a satisfactory or 
                        better score on a Federal security 
                        screening personnel selection 
                        examination;
                          ``(ii) to have been a national of the 
                        United States, as defined in section 
                        101(a)(22) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(22)), 
                        for a minimum of 5 consecutive years;
                          ``(iii) to have passed an examination 
                        for recent consumption of a controlled 
                        substance;
                          ``(iv) to meet, at a minimum, the 
                        requirements set forth in subsection 
                        (f); and
                          ``(v) to meet such other 
                        qualifications as the Attorney General 
                        may establish.
                  ``(B) Background checks.--The Attorney 
                General shall require that an individual to be 
                hired as a security screener undergo an 
                employment investigation (including a criminal 
                history record check) under section 
                44936(a)(1).
                  ``(C) Disqualification of individuals who 
                present national security risks.--The Attorney 
                General, in consultation with the heads of 
                other appropriate Federal agencies, shall 
                establish procedures, in addition to any 
                background check conducted under section 44936, 
                to ensure that no individual who presents a 
                threat to national security is employed as a 
                security screener.
          ``(3) Examination; review of existing rules.--The 
        Attorney General shall develop a security screening 
        personnel examination for use in determining the 
        qualification of individuals seeking employment as 
        security screening personnel. The Attorney General 
        shall also review, and revise as necessary, any 
        standard, rule, or regulation governing the employment 
        of individuals as security screening personnel.
  ``(f) Employment Standards for Screening Personnel.--
          ``(1) Screener requirements.--Notwithstanding any 
        provision of law to the contrary, an individual may not 
        be employed as a security screener unless that 
        individual meets the following requirements:
                  ``(A) The individual shall possess a high 
                school diploma, a General Equivalency Diploma, 
                or experience that the Attorney General has 
                determined to have equipped the individual to 
                perform the duties of the position.
                  ``(B) The individual shall possess basic 
                aptitudes and physical abilities including 
                color perception, visual and aural acuity, 
                physical coordination, and motor skills to the 
                following standards:
                          ``(i) Screeners operating screening 
                        equipment shall be able to distinguish 
                        on the screening equipment monitor the 
                        appropriate imaging standard specified 
                        by the Attorney General. Wherever the 
                        screening equipment system displays 
                        colors, the operator shall be able to 
                        perceive each color.
                          ``(ii) Screeners operating any 
                        screening equipment shall be able to 
                        distinguish each color displayed on 
                        every type of screening equipment and 
                        explain what each color signifies.
                          ``(iii) Screeners shall be able to 
                        hear and respond to the spoken voice 
                        and to audible alarms generated by 
                        screening equipment in an active 
                        checkpoint environment.
                          ``(iv) Screeners performing physical 
                        searches or other related operations 
                        shall be able to efficiently and 
                        thoroughly manipulate and handle such 
                        baggage, containers, and other objects 
                        subject to security processing.
                          ``(v) Screeners who perform pat-downs 
                        or hand-held metal detector searches of 
                        individuals shall have sufficient 
                        dexterity and capability to thoroughly 
                        conduct those procedures over a 
                        individual's entire body.
                  ``(C) The individual shall be able to read, 
                speak, and write English well enough to--
                          ``(i) carry out written and oral 
                        instructions regarding the proper 
                        performance of screening duties;
                          ``(ii) read English language 
                        identification media, credentials, 
                        airline tickets, and labels on items 
                        normally encountered in the screening 
                        process;
                          ``(iii) provide direction to and 
                        understand and answer questions from 
                        English-speaking individuals undergoing 
                        screening; and
                          ``(iv) write incident reports and 
                        statements and log entries into 
                        security records in the English 
                        language.
                  ``(D) The individual shall have 
                satisfactorily completed all initial, 
                recurrent, and appropriate specialized training 
                required by the security program, except as 
                provided in paragraph (2).
          ``(2) Exceptions.--An individual who has not 
        completed the training required by this section may be 
        employed during the on-the-job portion of training to 
        perform functions if that individual--
                  ``(A) is closely supervised; and
                  ``(B) does not make independent judgments as 
                to whether individuals or property may enter a 
                sterile area or aircraft without further 
                inspection.
          ``(3) Remedial training.--No individual employed as a 
        security screener may perform a screening function 
        after that individual has failed an operational test 
        related to that function until that individual has 
        successfully completed the remedial training specified 
        in the security program.
          ``(4) Annual proficiency review.--The Attorney 
        General shall provide that an annual evaluation of each 
        individual assigned screening duties is conducted and 
        documented. An individual employed as a security 
        screener may not continue to be employed in that 
        capacity unless the evaluation demonstrates that the 
        individual--
                  ``(A) continues to meet all qualifications 
                and standards required to perform a screening 
                function;
                  ``(B) has a satisfactory record of 
                performance and attention to duty based on the 
                standards and requirements in the security 
                program; and
                  ``(C) demonstrates the current knowledge and 
                skills necessary to courteously, vigilantly, 
                and effectively perform screening functions.
          ``(5) Operational testing.--In addition to the annual 
        proficiency review conducted under paragraph (4), the 
        Attorney General shall provide for the operational 
        testing of such personnel.
  ``(g) Training.--
          ``(1) Use of other agencies.--The Attorney General 
        shall enter into a memorandum of understanding or other 
        arrangement with any other Federal agency or department 
        with appropriate law enforcement responsibilities, to 
        provide personnel, resources, or other forms of 
        assistance in the training of security screening 
        personnel.
          ``(2) Training plan.--The Attorney General shall, 
        within 60 days after the date of enactment of the 
        Aviation Security Act, develop a plan for the training 
        of security screening personnel. The plan shall, at a 
        minimum, require that before being deployed as a 
        security screener, an individual--
                  ``(A) has completed 40 hours of classroom 
                instruction or successfully completed a program 
                that the Attorney General determines will train 
                individuals to a level of proficiency 
                equivalent to the level that would be achieved 
                by such classroom instruction;
                  ``(B) has completed 60 hours of on-the-job 
                instruction; and
                  ``(C) has successfully completed an on-the-
                job training examination prescribed by the 
                Attorney General.
          ``(3) Equipment-specific training.--An individual 
        employed as a security screener may not use any 
        security screening device or equipment in the scope of 
        that individual's employment unless the individual has 
        been trained on that device or equipment and has 
        successfully completed a test on the use of the device 
        or equipment.
  ``(h) Technological Training.--The Attorney General shall 
require training to ensure that screeners are proficient in 
using the most up-to-date new technology and to ensure their 
proficiency in recognizing new threats and weapons. The 
Attorney General shall make periodic assessments to determine 
if there are dual use items and inform security screening 
personnel of the existence of such items. Current lists of dual 
use items shall be part of the ongoing training for screeners. 
For purposes of this subsection, the term `dual use' item means 
an item that may seem harmless but that may be used as a 
weapon.''.
  (b) Conforming Amendments.--
          (1) Section 44936(a)(1)(A) is amended by inserting 
        ``as a security screener under section 44935(e) or a 
        position'' after ``a position''.
          (2) Section 44936(b) of title 49, United States Code, 
        is amended--
                  (A) by inserting ``the Attorney General,'' 
                after ``subsection,'' in paragraph (1); and
                  (B) by striking ``An'' in paragraph (3) and 
                inserting ``The Attorney General, an''.
          (3) Section 44936(a)(1)(E) is amended by striking 
        clause (iv).
  (c) Transition.--The Attorney General shall complete the full 
implementation of section 44935 (e), (f), (g), and (h) of title 
49, United States Code, as amended by subsection (a), as soon 
as is practicable. The Attorney General may make or continue 
such arrangements for the training of security screeners under 
that section as the Attorney General determines necessary 
pending full implementation of that section as so amended.
  (d) Screener Personnel.--Notwithstanding any other provision 
of law, the Attorney General may employ, appoint, discipline, 
terminate, and fix the compensation, terms, and conditions of 
employment of Federal service for such a number of individuals 
as the Attorney General determines to be necessary to carry out 
the passenger security screening functions of the Attorney 
General under section 44901 of title 49, United States Code.
  (e) Strikes Prohibited.--An individual employed as a security 
screener under section 44901 of title 49, United States Code, 
is prohibited from participating in a strike or asserting the 
right to strike pursuant to section 7311(3) or 7116(b)(7) of 
title 5, United States Code.
  (f) Background Checks for Existing Employees.--
          (1) In general.--Section 44936 of title 49, United 
        States Code, is amended by inserting ``is or'' before 
        ``will'' in subsection (a)(1)(B)(i).
          (2) Effective date.--The amendments made by paragraph 
        (1) apply with respect to individuals employed on or 
        after the date of enactment of the Aviation Security 
        Act in a position described in subparagraph (A) or (B) 
        of section 44936(a)(1) of title 49, United States Code. 
        The Secretary of Transportation may provide by order 
        for a phased-in implementation of the requirements of 
        section 44936 of that title made applicable to 
        individuals employed in such positions at airports on 
        the date of enactment of this Act.

SEC. 110. RESEARCH AND DEVELOPMENT.

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

SEC. 111. FLIGHT SCHOOL SECURITY.

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

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

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

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

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

SEC. 112. REPORT TO CONGRESS ON SECURITY.

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

SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

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

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

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

``Sec. 46503. Interference with security screening personnel

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

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

SEC. 115. SECURITY-RELATED STUDY BY FAA.

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

SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.

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

SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

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

SEC. 118. SECURITY FUNDING.

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

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

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

``48114. User fee for security services''.

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

               ``CHAPTER 483. AVIATION SECURITY FUNDING.

``Sec.
``48301. Aviation security funding

``Sec. 48301. Aviation security funding

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

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

SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.

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

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

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

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

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

``Sec. 44940. Immunity for reporting suspicious activities

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

``Sec. 44941. Sharing security risk information

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

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

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

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

SEC. 123. MAIL AND FREIGHT WAIVERS.

  During a national emergency affecting air transportation or 
intrastate air transportation, the Secretary of Transportation, 
after consultation with the Aviation Security Coordination 
Council, may grant a complete or partial waiver of any 
restrictions on the carriage by aircraft of freight, mail, 
emergency medical supplies, personnel, or patients on aircraft, 
imposed by the Department of Transportation (or other Federal 
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 intimidationor coercion or to affect 
the conduct of a government by assassination or kidnaping.
  ``(4) The Administrator is authorized and directed to work 
with State and local authorities, and other Federal agencies, 
to assist in the identification of individuals applying for or 
holding airmen certificates.''.

SEC. 127. RESULTS-BASED MANAGEMENT.

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

``Sec. 44942. Performance Goals and Objectives

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

``Sec. 44943. Performance Management System

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

SEC. 128. USE OF FACILITIES.

  (a) Employment 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 representingcommunity-based 
law enforcement, firefighters, and emergency medical technicians, in 
carrying out the program under paragraph (1), including the actions 
taken under paragraph (3).
  (b) Protection From Liability.--
          (1) In general.--Subchapter II of chapter 449 of 
        title 49, United States Code, is amended by adding at 
        the end the following new section:

``Sec. 44944. Exemption of volunteers from liability

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

``44944. Exemption of volunteers from liability.''.

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

SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.

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

SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

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

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

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

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

  Section 44903 of title 49, United States Code, is amended by 
adding at the end the following:
  ``(i) Short-Term Assessment and Deployment of Emerging 
Security Technologies and Procedures.--
          ``(1) In general.--The Deputy Secretary for 
        Transportation Security shall recommend to airport 
        operators, within 6 months after the date of enactment 
        of this Act, commercially available measures or 
        procedures to prevent access to secure airport areas by 
        unauthorized persons. As part of the 6-month 
        assessment, the Deputy Secretary for Transportation 
        Security shall--
                  ``(A) review the effectiveness of biometrics 
                systems currently in use at several United 
                States airports, including San Francisco 
                International;
                  ``(B) review the effectiveness of increased 
                surveillance at access points;
                  ``(C) review the effectiveness of card- or 
                keypad-based access systems;
                  ``(D) review the effectiveness of airport 
                emergency exit systems and determine whether 
                those that lead to secure areas of the airport 
                should be monitored or how breaches can be 
                swiftly responded to; and
                  ``(E) specifically target the elimination of 
                the ``piggy-backing'' phenomenon, where another 
                person follows an authorized person through the 
                access point.
        The 6-month assessment shall include a 12-month 
        deployment strategy for currently available technology 
        at all category X airports, as defined in the Federal 
        Aviation Administration approved air carrier security 
        programs required under part 108 of title 14, Code of 
        Federal Regulations. Not later than 18 months after the 
        date of enactment of this Act, the Secretary of 
        Transportation shall conduct a review of reductions in 
        unauthorized access at these airports.
          ``(2) 90-day review.--
                  ``(A) In general.--The Deputy Secretary for 
                Transportation Security, as part of the 
                Aviation Security Coordination Council, shall 
                conduct a 90-day review of--
                          ``(i) currently available or short-
                        term deployable upgrades to the 
                        Computer-Assisted Passenger 
                        Prescreening System (CAPPS); and
                          ``(ii) deployable upgrades to the 
                        coordinated distribution of information 
                        regarding persons listed on the ``watch 
                        list'' for any Federal law enforcement 
                        agencies who could present an aviation 
                        security threat.
                  ``(B) Deployment of upgrades.--The Deputy 
                Secretary for Transportation Security shall 
                commence deployment of recommended short-term 
                upgrades to CAPPS and to the coordinated 
                distribution of ``watch list'' information 
                within 6 months after the date of enactment of 
                this Act. Within 18 months after the date of 
                enactment of this Act, the Deputy Secretary for 
                Transportation Security shall report to the 
                Committee on Commerce, Science, and 
                Transportation of the Senate and to the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives, the Government 
                Accounting Office, and the Inspector General of 
                the Department of Transportation, on progress 
                being made in deploying recommended upgrades.
          ``(3) Study.--The Deputy Secretary for Transportation 
        Security shall conduct a study of options for improving 
        positive identification of passengers at check-in 
        counters and boarding areas, including the use of 
        biometrics and ``smart'' cards. Within 6 months after 
        the date of enactment of this Act, the Deputy Secretary 
        shall report to the Committee on Commerce, Science, and 
        Transportation of the Senate and to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on the feasibility and costs of 
        implementing each identification method and a schedule 
        for requiring air carriers to deploy identification 
        methods determined to be effective.''.

  Subtitle C--Research and Development of Aviation Security Technology

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

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

                                  
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