[Senate Report 107-293]
[From the U.S. Government Publishing Office]
Calendar No. 623
107th Congress Report
SENATE
2d Session 107-293
_______________________________________________________________________
AVIATION SECURITY IMPROVEMENT ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2949
September 30, 2002.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventh congress
second session
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN MCCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Staff Director
Moses Boyd, Chief Counsel
Gregg Elias, General Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
Ann Begeman, Republican Deputy Staff Director
Robert W. Chamberlin, Republican Chief Counsel
(ii)
Calendar No. 623
107th Congress Report
SENATE
2d Session 107-293
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AVIATION SECURITY IMPROVEMENT ACT
_______
September 30, 2002.--Ordered to be printed
_______
Mr. Hollings, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2949]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2949) to provide for enhanced
aviation security, and for other purposes, having considered
the same, reports favorably thereon with amendments and
recommends that the bill (as amended) do pass.
Purpose of the Bill
On September 11, 2001, terrorists used United States
commercial aircraft as guided missiles, killing thousands of
innocent victims in New York, Washington, D.C., and
Pennsylvania. The unprecedented attacks led to passage of the
Aviation and Transportation Security Act (ATSA, P.L. 107-71,
November 19, 2001). President Bush signed the legislation after
two months of debate between the Senate and the House of
Representatives over the issue of the responsibilities of the
Federal government to provide security for the Nation's
aviation system. Ultimately, Congress placed primary
responsibility for aviation security with the Federal
government.
S. 2949 is intended to address a number of issues that have
arisen since the passage of ATSA, including the ability of the
Transportation Security Administration (TSA) to complete its
formidable task of installing explosive detection systems (EDS)
at airports and ensuring that carriers have available, for the
short term, war risk insurance coverage. The bill also makes
technical corrections to ATSA.
Since enactment of ATSA, the newly created TSA has struggled
to meet aggressive Congressional deadlines to hire, train, and
deploy more than 30,000 Federal security screeners (by November
18, 2002), and thousands of air marshals, and to install new
EDS by December 31, 2002. Admiral Loy (Ret.), the Acting Under
Secretary of Transportation for Security, testified before the
Senate Committee on Commerce, Science, and Transportation (the
Committee) on September 10, 2002, that TSA would hire 32,000
screeners by mid-September and anticipated meeting the November
18 deadline. With respect to the December 31, 2002, EDS
deadline, Admiral Loy noted that more than 90 percent of the
airports would be ready although a few airports would need
additional time.
Background and Needs
The bill contains elements of several introduced bills
referred to the Committee, including the following: S. 1794,
the Airport Checkpoint Enhancement Act (Senator Cleland); S.
1980, regarding detection of false identification (Senator
Boxer); S. 2656, regarding air cargo security (Senator Snowe);
S. 2668, regarding cargo security (Senator Hutchison); S. 2735,
the Aviation Security Enhancement Act of 2002 (Senator Ensign);
and S. 2642, regarding flight school training (Senator Nelson
of Florida).
I. BACKGROUND
On November 16, 2001, Congress passed ATSA in response to the
terrorist attacks on September 11. The Act, which was signed
into law on November 19, implemented a new regime for aviation
security and created the TSA within the Department of
Transportation (DOT) to oversee security for all modes of
transportation. ATSA includes numerous provisions and deadlines
intended or designed to increase aviation security.
II. SCREENING OF CHECKED BAGS
ATSA sets forth numerous deadlines for DOT and TSA to meet in
an effort to continually improve aviation security. One of the
first significant deadlines involved the screening of all
checked bags by January 18, 2002, which was 60 days after
enactment of the new law.
To meet this deadline, TSA required continuous use of
certified bulk EDS \1\ to screen checked bags at those airports
where EDS are located, and ensured the use of positive
passenger bag match \2\ for checked baggage screening at those
airports where EDS is currently unavailable. Also, as before
September 11, the bags of passengers selected by CAPPS \3\ will
continue to be screened by EDS. ATSA provided other security
improvements as well, including greater use of explosive trace
detection systems (ETD) \4\ on checked baggage, more use of
explosive detection canine teams, and physical inspection of
some checked bags.
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\1\ The term EDS commonly refers to Federal Aviation
Administration-certified EDSs, which are essentially complex X-ray
machines. The most widely deployed EDS machine uses computer tomography
technology, much like a medical CAT scan, to take numerous cross-
sectional images of a bag. Unlike normal X-ray machines that are used
to examine carry-on bags, EDSs are designed to detect threats
automatically, without human analysis or intervention. EDS machines are
about the size and weight of a sport utility vehicle.
\2\ To protect against bombings by terrorists unwilling to commit
suicide, the positive passenger-bag matching procedure matches
passengers with their checked bags, and bags whose owners do not
actually board the aircraft are removed before takeoff. Before this
year, this procedure was used primarily on international flights.
\3\ Airlines use a computer program, known as the Computer Assisted
Passenger Prescreening System (CAPPS), to select those passengers who
pose the greatest risk and whose baggage should be subject to a more
rigorous inspection. Because most passengers do not fit the computer
profile, most checked baggage is not subject to examination by an EDS.
\4\ ETD devices can detect the presence of explosive materials in a
passenger's checked or carry-on bags. Using ETD equipment, a screener
swabs baggage and puts the results through a machine that looks for the
residue of certain chemicals that remain on a bag for an extended
period of time. ETD machines are much smaller and lighter than EDSs.
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When bag-match is the method used to screen checked bags
under guidelines issued by DOT, it is only being done on
originating flights, not on connecting flights. This has raised
the concerns of some that bag-match must be done on each
segment of a trip if it is to be an effective deterrent. DOT
estimates that about 70 percent of all bags fly directly to
their destination, while 30 percent make a connection. It is
this 30 percent of baggage that appears to potentially pose a
risk under the DOT's guidelines. The airlines contend that if
bag matching requirements are extended to connecting bags, the
system will slow down significantly each time an airline
employee has to climb inside a cargo hold and remove a bag
because the passenger did not board the connecting flight. TSA
is currently using a pilot program to test the feasibility of
requiring bag match on connecting flights. Information provided
by Professor Barrett, of the Massachusetts Institute of
Technology, suggests that passenger bag match can be improved.
In addition to the January 18 deadline, ATSA established
another firm deadline regarding the screening of all checked
baggage. By December 31, 2002, the Under Secretary of
Transportation for Security is required to take all necessary
action to ensure that EDS are deployed at 429 United States
airports in sufficient numbers to screen all checked baggage.
On May 18, 2002, TSA issued a statutorily-mandated report to
the congressional authorizing committees on the deployment of
systems to detect explosives pursuant to ATSA.
The May 18 report included a general installation schedule.
In order to meet the end-of-the-year deadline, DOT has decided
to use a mix of the EDS machines and ETD equipment. At some
airports, ETD devices will be the only ones used, while a
combination of EDS and ETD will be used at other airports.
About three-quarters of airports would use ETDs exclusively.
On June 7, TSA entered into a contract with Boeing to conduct
site surveys and to install the EDS/ETD equipment at all of the
429 airports.
As of the end of September 2002, 140 EDS machines and 789 ETD
devices were deployed at airports throughout the country. For
fiscal year (FY) 2002, DOT has requested additional funds to
purchase a significant amount of additional equipment: 1,100
EDS units and 5,373 ETD units (1,100 of which will be used in
conjunction with the EDS units). Many, if not most, of the EDS
machines will be installed in airport lobbies because it is not
possible to integrate them into the hundreds of different
baggage handling systems by the end of the year. Ultimately,
TSA plans to have such equipment integrated into baggage
handling systems, but it may take many years and cost a
significant amount of money. Given the large size and weight of
EDSs, even airport lobby installations at some airports can be
problematic.
According to DOT Secretary Mineta, the decision to use ETD
equipment was based on balancing limited financial resources to
meet the statutory mandate. That decision was the result of
negotiations between DOT and the Office of Management and
Budget and hinged, in part, on the fact that each EDS machine
costs approximately $1.1 million (including installation) and
thousands would be needed to cover all 429 airports. Some are
concerned that smaller, rural airports, which are not as likely
to get EDS machines, will be affected significantly as people
decide to forgo the new security-related hassles involved with
flying and choose to drive unless there is a dignified, secure
way to have bags opened for ETD swabbing. The decision to use
ETD's also drives the number of employees needed higher, as the
baggage throughput rate for EDS is higher than for ETD's-it
takes approximately three ETDs to equal the throughput of the
automated EDS machines.
At the September 10 hearing, Admiral Loy acknowledged that
TSA would not be able to meet the deadline at a small number of
airports-fewer than 10 percent of the 429 airports covered by
the law. In many of those cases, it would not be physically
possible in the time remaining to install EDS equipment without
severe disruptions of airport operations. He did note that
those airports that may miss the deadline serve a significant
majority of airline passengers. In other words, the relatively
small number of airports where the deadline cannot be met
account for most of the passenger traffic. Admiral Loy stated
that he did not support a wholesale delay in the December 31
deadline. Instead, he said that TSA would work with those
airports that needed a modest amount of additional time to meet
the requirements of the law. In the interim, bags will be
screened by one of the alternate means already provided for in
the law. \5\
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\5\ ATSA requires that ``if explosive detection equipment at an
airport is unavailable, all checked baggage is screened by an
alternative means.'' The law listed the following four possible
alternative means for the screening of checked baggage: (1) a positive
passenger bag match program; (2) manual search, which involves opening
the bag and searching through it by hand; (3) search by canine
explosive detection units (i.e., bomb sniffing dogs) in combination
with other means; or (4) other means or technology approved by the
Under Secretary for Transportation Security.
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B. AIR CARGO SECURITY
With respect to cargo that is transported by air, ATSA
contained two key provisions. The first dealt with passenger
aircraft and required that TSA provide for the screening of all
cargo and mail that will be carried aboard such aircraft.
Although ATSA requires all checked bags to be screened by EDS
by December 31, 2002, no timetable was specified for screening
cargo, nor was there a definition of screening provided. The
second provision required that a system must be in operation to
screen, inspect, or otherwise ensure the security of all cargo
that is to be transported in all-cargo aircraft as soon as
practicable after the date of enactment of ATSA.
Almost all passenger flights carry cargo alongside luggage in
the belly of the plane. It can be anything from pallets of
computer chips to refrigerated cartons of chicken. According to
Federal Aviation Administration (FAA) estimates, approximately
22 percent of all air cargo loaded in the United States in 2000
was carried on passenger flights.
1. ACTIVITY BEFORE SEPTEMBER 11
The air-cargo system involves numerous participants and all
require some level of security oversight. Typically, a shipper
takes packages to an indirect air carrier (IAC, also known as a
freight forwarder), who consolidates packages from many
shippers into containers. The IAC then uses trucks, either its
own or hired, to deliver the bulk freight to air carriers for
transport.
Before last year's attack, the FAA was generally responsible
for oversight of civil aviation security. Much of the focus of
regulation and oversight was on cargo carried aboard passenger
aircraft. There were few security measures applicable to items
carried on all-cargo aircraft.
Front-line responsibility for screening cargo fell on two
groups: air carriers and IACs. (An IAC is defined as any person
or entity, excluding an air carrier, that engages indirectly in
the transportation of property by air, and uses the services of
a passenger air carrier. This does not include the United
States Postal Service.) Both were required to adopt and carry
out FAA-approved security programs.
The key element of cargo security before last year was the
Known Shipper Program. A known shipper is essentially one that
has an established reputation. This program allowed an air
carrier or IAC to transport a package with no more screening
than an examination of its exterior. Packages from unknown
shippers would be screened by X-ray or physically inspected
before being placed aboard a passenger aircraft.
Before September 11, the DOT Inspector General (IG) had been
conducting tests of cargo security. The IG found that air
carriers and IACs were not always complying with the FAA's
known shipper program, and the FAA had not developed and
implemented an adequate policy or oversight system to ensure
compliance.
2. ACTIONS SINCE SEPTEMBER 11
ATSA placed responsibility for virtually all aviation
security matters, including air cargo, under the jurisdiction
of TSA. But prior to the enactment of ATSA, a number of
important changes were implemented after September 11 regarding
the shipment of cargo on passenger air carriers. One of the
main changes is that only cargo from known shippers is accepted
on passenger air carriers. All cargo from unknown shippers and
mail weighing more than 16 ounces is being diverted to all-
cargo air carriers until further notice.
The continuation of the Known Shipper Program is TSA's
primary means of compliance with ATSA screening mandates.
According to the agency, it has strengthened the process
through which a shipper becomes ``known.''
Many of the other changes implemented by TSA are sensitive or
classified information.
3. AIR CARGO ISSUES AND CONCERNS
One of the key problems with any attempt to examine all cargo
on passenger aircraft at this time is that any type of physical
inspection or electronic screening would be extremely difficult
to carry out-technology limitations, cost, and time factors all
are problematic because the size and nature of air cargo can
vary widely. According to one media report, TSA computer models
have determined that breaking down all cargo containers,
inspecting, and reassembling them would allow airports to
process only 4 percent of the freight they receive daily.
The IG has expressed some concerns that TSA's cargo security
program continues to rely on the Known Shipper Program, which
has weaknesses, and that little cargo is actually screened. The
IG believes that TSA must reevaluate its program to determine
whether current procedures should be retained, identify new
principles and controls that should be added, and develop a
strategic plan to screen all cargo. In addition, the IG
advocates a requirement that a provider of cargo transportation
lose its certification when TSA inspections and testing have
continuously found the provider in noncompliance with cargo
security requirements.
Legislative History
S. 2949 was introduced on September 17 by Senator Hollings.
It was co-sponsored by Senators McCain, Rockefeller, Hutchison,
Boxer, Kerry, and Reid. Since the beginning of the year, the
Committee has held 6 hearings on aviation security issues. The
2 most recent hearings focused on the issues of (1) TSA's
ability to meet the year-end deadline for deployment of EDS
(held September 10), and (2) air cargo security (held September
17). Both of these topics are addressed in the legislation. The
bill also includes a technical amendment (Senators Hollings and
McCain), as well as amendments regarding flight restrictions
(Senator Breaux), flight schools (Senator Nelson of Florida),
and reports (Senator Hutchison).
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
The requirements of S. 2949 involve actions that the Federal
government and aviation entities currently participate in on a
routine basis, and should produce limited additional regulatory
impact on related industries or burden on the government. The
legislation would have minimal effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
NUMBER OF PERSONS COVERED
S. 2949 is intended to improve aviation security by making
technical corrections and other modifications to P.L. 107-71,
the Aviation and Transportation Security Act (ATSA). The bill
affects TSA and other entities already subject to FAA rules and
regulations, and therefore the number of persons covered should
be consistent with the current levels of individuals impacted
under the provisions that are addressed in the bill.
ECONOMIC IMPACT
S. 2949 is not expected to have an adverse impact on the
nation's economy. A few provisions in the bill are expected to
have a more substantial economic effect than the rest of the
legislation. Title I of the legislation would provide some
flexibility for TSA regarding the deployment of EDSs at all
commercial airports in the United States, and, rather than
requiring potentially expensive interim solutions, would allow
for techniques that maintain customer service while the process
of implementing more efficient security systems continues.
Title V would improve the availability and coverage of war risk
insurance for aviation entities, a matter that is very
significant to air carriers as their insurance rates have risen
by hundreds of millions of dollars since September 11, 2001. It
is anticipated that both Title I and Title V would have
positive economic impacts to their respective areas, and should
provide significant support to the aviation industry. Title II
addresses cargo security and would authorize the necessary
funding to establish a system that ensures all air cargo is
secure by requiring TSA and the air cargo industry to take
steps to protect the system. Title II requires a review and
comment period for air carriers to assess proposed security
plans which should limit the negative economic impact of this
provision to the industry. S. 2949 also has a number of
additional requirements that are designed to strengthen
existing security measures, but should have a limited impact in
regard to cost.
PRIVACY
S. 2949 would have minimal effect on the privacy rights of
individuals, but a provision on identification training raises
the issue of a person proving their identity, potentially with
the aid of technology. The use of biometrics and other
identifiers raise a number of questions that need to be
addressed by TSA to ensure that the privacy rights of
individuals are protected. Additionally, air cargo and
facilities may be subject to random searches to ensure the
security of the operations.
Technical corrections that address the eligibility of non-
citizens to be screeners would increase the number of persons
who must undergo voluntary background checks, but also would
provide the individuals a benefit by expanding employment
opportunities. The bill also seeks to protect the privacy
rights of persons needing background checks for unescorted
access to secure areas of an airport by requiring TSA to
formulate and implement procedures to prevent the transmission
of non-relevant information about an applicant or employee to
the existing or potential employer.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of this
legislation. In those areas where the bill does require
additional paperwork, it is aimed at improving the security of
the national air transportation system. S. 2949 would require
plans from TSA for addressing EDS deployment at those airports
that do not have the system properly in place by the December
31, 2002, deadline, and approved security plans for every
shipper of cargo and their organization. The bill also would
require the establishment of a database to improve the system
by which known shippers of cargo are identified, and would
require reports to Congress on several security matters
addressed by other provisions.
Section-by-section Analysis
TITLE I--EXPLOSIVE DETECTION SYSTEMS
This title is based, in part, on S. 2735 introduced by
Senator Ensign. This title would allow TSA to determine whether
the agency will not be able to meet the December 31 deadline
for the deployment of EDS equipment at particular airports. If
such a determination is made, TSA would be required to (1)
report to the congressional authorizing committees on a
detailed plan to deploy EDS equipment at each airport where the
deadline will be missed and (2) take all necessary action to
ensure that alternate means of screening checked bags are used
in the meantime. TSA's decision to extend the installation
schedule requires a plan to install the equipment based on
engineering, design, and construction issues and take into
account the effectiveness of the modifications, and the
feasibility and value of placing EDS in areas other than the
airport lobby. Further, TSA could make such determinations at
no more than 40 airports. Affected airports would be required
to cooperate fully with TSA in its efforts to deploy equipment.
Such airports also would be required to use their Airport
Improvement Program (AIP) and Passenger Facility Charges (PFCs)
on security projects, to the extent such funds are available
and not committed for other projects. TSA would provide the
congressional authorizing committees with progress reports for
each affected airport every 30 days. No more than 12 reports
could be submitted for each airport. Although up to 12 reports
my be submitted, the Committee reiterates its expectation that
TSA and the affected airports work as quickly as possible to
meet the statutory deadline. This bill does not grant an
extension to the congressionally mandated deadline; it gives
TSA the flexibility to work beyond that time frame in certain
situations. It is important to the security of the traveling
public that 100 percent baggabe screening be implemented as
soon as possible.
TITLE II--AIR CARGO SECURITY
This title is based, in part, on air cargo security bills
introduced by Senators Snowe (S. 2656) and Hutchison (S. 2668).
This title would take several steps to improve the security of
air cargo, particularly that which is carried aboard passenger
aircraft. TSA would be required to develop a strategic plan to
ensure that all air cargo is screened, inspected, or otherwise
made secure. TSA would be required to develop a system for the
regular inspection of air cargo shipping facilities. A pilot
program database would be established of known shippers in
order to bolster the Known Shipper Program. IACs could have
their certificates revoked if TSA finds that they are not
adhering to security laws or regulations. The existing Federal
security program for IACs would be reviewed and assessed for
possible improvements. TSA would develop a security training
program for persons who handle air cargo. All-cargo carriers
would be required to develop security plans that would be
subject to approval by TSA. The Committee is taking these
actions in response to recommendations by the DOT Inspector
General, General Accounting Office and TSA.
TITLE III--IDENTIFICATION TRAINING
This title is based on S. 1980, a bill introduced by Senator
Boxer. This title would require TSA to develop protocols to
provide guidance for the detection of false or fraudulent
passenger identification (ID). TSA would establish a joint
government and industry council to develop recommendations on
the implementation of the protocols. TSA would be allowed to
implement a program requiring the use of identification
verification technologies at commercial airports. The Committee
is concerned about recent reports that false IDs are being used
at airports and believes TSA should study this issue carefully
to consider alternative ways to ensure the accuracy of
passenger ID.
TITLE IV--CIRCUMVENTION OF AIRPORT SECURITY
This title contains the text of a bill introduced by Senator
Cleland, S. 1794, the Airport Checkpoint Enhancement Act. This
title would establish criminal penalties for individuals who
intentionally circumvent security checkpoints at commercial
airports. The penalties would include imprisonment for up to 10
years or a fine as prescribed by Title 18 of the United States
Code, or both. In Georgia, for example, an individual who
willfully violates the secure area of an airport, prior to this
bill, is only subject to a misdemeanor, which carries a maximum
penalty involving a civil fine up to $1,100 and a year in jail.
TITLE V--WAR RISK INSURANCE
This title would provide for a nine-month extension of the
FAA's current war risk policies. In addition, this title would
expand existing coverage and allow the FAA to provide passenger
and hull insurance for the next nine months. This would provide
temporary relief to the airlines as they continue to work
toward a risk sharing, self-insurance solution. DOT would
report to Congress on issues associated with war risk
insurance.
Existing law establishes a ``war risk'' insurance program
within the FAA. The program has been invoked several times
since it was established in 1951 (e.g., Gulf War) and is
currently in use today. Under the program, the carriers are
able to purchase insurance for war risk coverage through the
FAA.
War risk coverage is required by loan and lease covenants
from aircraft lessors, and the financial institutions. Prior to
September 11, such coverage was very inexpensive, and in cases
where aircraft were put in harms way, the FAA was able to
provide coverage. After September 11, insurance carriers
canceled such coverage. Some claim the coverage is commercially
available today, but it should be pointed out that, according
to some estimates, $1 billion of coverage costs $1.4 billion.
One low-fare carrier has stated that its costs have gone up
about 13,000 percent from about $737,000 per year to $107
million per year ($7 million for third party liability, $4
million for hull, and $96 million for passenger and crew
coverage insurance). Aviation insurance generally includes
hull, passenger, crew, and third party coverage (persons/
property on the ground, for example). The FAA today is offering
only third party coverage, and for only 60 days at a time. The
FAA has authority, however, to extend coverage for up to 1 year
(under ATSA, the extension period was changed from 60 days to 1
year, but DOT/FAA has only extended it for 60 days at a time).
Currently, carriers obtain third party coverage for the first
$50 million from the private sector, and the FAA provides
coverage at two times the amount the carrier had on September
10, 2001. Carriers pay a fee per passenger to the FAA.
The Committee is cognizant of the financial difficulties
facing the airline industry. This section is intended to
relieve, in the short, but finite, term, a financial burden the
industry now faces. The provision provides coverage for 270
days to provide short-term assistance. Ultimately, the
Committee expects that the industry will develop their own
alternative plans or be able to return to the private markets.
The title thus requires DOT to submit a report on such
alternatives.
TITLE VI--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY
This title provides that, within 9 months of enactment, TSA
would report to Congress on an evaluation of the use of blast-
resistant cargo containers to protect against explosives in
passenger luggage and cargo. If TSA determines that further
actions are needed, the report would provide appropriate
recommendations. The Committee is aware that a number of
manufacturers of blast resistant technology have been reviewed
by TSA and the FAA, but a number of issues remain to be
addressed.
TITLE VII--FLIGHT SCHOOLS
This title would amend section 44939 of title 49 (section 113
of ATSA) regarding background checks of persons seeking
training at United States flight schools. Under ATSA, aliens
seeking such training for aircraft over 12,500 pounds are
subject to background checks under procedures proposed by the
Department of Justice (DOJ). The Committee is aware that DOJ
has not yet issued procedures to implement section 113; as a
result, this section requires DOJ to issue such procedures
within 30 days of enactment.
This title would extend the original provisions of section
113 to all aliens seeking flight school training. As a result,
aliens seeking training on small aircraft would be subject to
such screening. The screening requirements do not apply to an
alien who already has earned an FAA-type rating, or who already
holds a commercial pilot's license. The provision also limits
any training prior to a background check to only ground
training.
The use of overseas Embassies and Consulates to transmit
fingerprints, where capable, is also required.
The title would also require DOJ to implement the new
requirements within 120 days for aliens seeking flight training
on small aircraft.
TITLE VIII--MISCELLANEOUS
Section 801 would require TSA to act expeditiously on
applications pending that seek approval for authority to use
less-than-lethal weapons by flight crews. The Committee is
aware that the Administration has expressed substantial
reservations about the use of lethal weapons by pilots, and
under ATSA, TSA was given authority to determine if the use of
lethal, non-lethal, or other actions, would enhance security.
One carrier has filed an application for approval of less-than-
lethal force, and it has been pending for over nine months at
TSA. The Committee provision does not seek approval or
disapproval, but rather seeks a decision from TSA on the issue.
Section 802 would require DOT to maintain the flight
restrictions imposed under FAA Notices to Airman (FDC1/3353 and
2/9583, including any local notices to Airmen of similar effect
or import) for 6 months. The current ban includes stadiums and
large open air venues. During the 6 month time period, DOT is
directed to establish waiver/exemption procedures. During the 6
month ban the FAA is allowed to grant waivers and restrictions
necessary for air traffic control operational purposes. The
Committee expects that such authority includes emergency
flights and flights necessary for law enforcement purposes.
TITLE IX--TECHNICAL CORRECTIONS
Section 901 includes technical corrections that range from
typographical corrections to changes needed to clarify or
effectuate the intention of particular provisions in ATSA.
Unless otherwise indicated, all references are to title 49,
United States Code.
Subsection (a).--49 U.S.C. 114(j) sets forth acquisition
authorities of the Under Secretary of Transportation for
Security (Under Secretary) but in paragraph (1)(D), incorrectly
refers to the Secretary of Transportation rather than the Under
Secretary. This subsection would correct the reference.
Subsection (b).--49 U.S.C. 115 establishes the Transportation
Security Oversight Board (TSOB) and assigns it duties,
including the duty to review ``emergency regulations and
security directives'' issued by TSA without notice and comment
by the public. However, the scope of review specified by
section 115(c)(1) (``review and ratify or disapprove'') burdens
the TSOB with taking an action in each case. It is also
inconsistent with the underlying emergency authority at 49
U.S.C. 114(l)(2), which provides ``[a]ny regulation or security
directive issued under this paragraph shall remain effective
unless disapproved by the Board or rescinded by the Under
Secretary.'' This subsection would provide the TSOB with review
authority that only necessitates action in the case of a
disapproval.
Subsection (c).--This subsectin would delete a superseded
reference to chapter 449 from a listing of FAA authorities
because every section of the chapter except 44918 has been
transferred to TSA.
Subsection (d).--Under 44901(a) (Screening of passengers and
property carried aboard passenger aircraft), all screening must
be carried out by Federal government employees starting on
November 19, 2002, except for identifying passengers and
baggage for screening under the CAPPS and known shipper
programs. Under this provision, the term ``Federal government
employee'' is defined by reference to 5 U.S.C. 2105, which
excludes employees of the United States Postal Service. The
exclusion of Postal Service employees as potential Federal
screeners precludes TSA and the Postal Service from pursuing
the possibility of having United States mail carried aboard
passenger flights screened by postal employees (in accordance
with standards and procedures established by TSA). As TSA
considers options for ensuring that such mail is screened, the
involvement of the Postal Service may be part of the solution.
Moreover, Postal Service employees are already Federal
employees for a number of purposes and they perform a Federal
function. Therefore, the inclusion of Postal Service employees
as eligible screeners for United States mail aligns with the
intent of Congress in assigning the screening function to
Federal employees. Therefore, this subsection would specify
that, for purposes of section 44901(a), United States mail
carried aboard passenger aircraft may be screened by employees
and officers of the Postal Service.
Subsections (e) and (f).--These subsections would correct in
one case, and delete in another, incorrect cross-references in
49 U.S.C. 44901(e) and (g).
Subsection (g).--Among other things, section 44903 mandates
establishment of 20 or more pilot programs for testing and
evaluation of airport secure-area access-control technologies
but, in subsection (c)(3), incorrectly refers to the FAA
Administrator rather than the Under Secretary. This subsection
corrects the reference. Also, the ATSA added 3 provisions to 49
U.S.C. 44903 as ``subsection (h).'' Items (2) and (3) of this
subsection would redesignate 2 of the 3 subsections.
Subsection (h).--This subsection would clarify that the
``Under Secretary'' reference in 49 U.S.C. 44909(c)(2)(F) is a
reference to the Under Secretary of Transportation for
Security. Also, an obsolete deadline (March 1991) would be
deleted from the text of 49 U.S.C. 44909(a)(1).
Subsection (i).--49 U.S.C. 44935(e)(2)(A)(ii) requires that
every security screening employee hired by TSA be ``a citizen
of the United States.'' This excludes a ``national of the
United States,'' as defined in section 1101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) and
other persons eligible to serve in the United States armed
forces. Section 1101(a)(22) defines a ``national of the United
States'' as either a United States citizen or a non-citizen who
``owes permanent allegiance to the United States.'' The
citizens of American Samoa, a United States territory, are the
principal remaining population that enjoy ``United States
national'' status under our laws (along with residents of
Swains Island).
The purpose of this subsection is to permit lawful permanent
resident aliens currently employed as airport baggage screeners
to retain their jobs provided they meet all of the new
qualifications and successfully pass the background checks
mandated by ATSA.
It would also permit United States nationals and lawful
permanent residents who were honorably discharged from the
armed forces of the United States to remain eligible for
airport security screener positions, provided they meet all the
other requirements other than United States citizenship.
The subsection would amend the Aviation and Transportation
Security Act by permitting several exceptions to the
prohibition on the hiring of non-citizens to be airport
security screeners. The exceptions include:
Nationals of the United States;
Persons born in a territory of the United
States;
Veterans honorably discharged from the armed
forces of the United States; and
Aliens lawfully admitted for permanent
residence, as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)),
and employed to perform security screening services at
an airport in the United States on the date of
enactment of P.L.107-71.
Also, the designation of the last subsection of section 44935
would be changed from (i) to (k) to eliminate a conflict with
another subsection (i) earlier in the section.
Subsection (j).--This subsection corrects an incorrect
reference.
Subsection (k).--Paragraph (1) would ensure that security
fees may be based on costs incurred by TSA to deploy not only
Federal law enforcement personnel, but also State or local law
enforcement personnel. Paragraph (2) would make a technical
correction. Paragraph (3) would ensure the continuity of the
collection of passenger fees. The wording of section
44940(d)(4) suggests a possibility that passenger security fee
collections must stop if they exceed the appropriated funding
level. Stopping and restarting the collections process is
administratively difficult. This change would enable DOT to
continue collections of passenger fees, while still reserving
spending authority for appropriations legislation.
Subsection (l).--Although section 140(d) of the Aviation and
Transportation Security Act amended the Penalties chapter of
Subtitle VII of title 49 to cover violations of law enforced by
TSA as well as the FAA, the chapter was not updated with a
penalty-level structure that would reflect the enormity of
consequences that can follow from a terrorist act and therefore
the importance of penalizing violations of TSA security
regulations and orders. This subsection would raise the basic
$1,000-per-violation level of the Federal aviation statute (in
place since the 1950's and only adjusted upward for inflation
since 1997 to about $1,100 per violation) to $10,000 for
aviation security violations by persons and $25,000 for air
carriers. The modification would make no change to (1) the
penalty structure for safety violations or (2) the current-law
maximum penalty of $25,000 for individuals that interfere with
a cabin or flight crew.
Subsection (m).--The modifications in subsection (m) would
also build on section 140 of ATSA by transferring from the FAA
to TSA administrative-civil-penalty responsibility for 2
violations in current law that are directed to aircraft
security and should be enforced by TSA. They prohibit an
individual from (1) providing false information about
hijackings and other matters (section 46302), and (2) carrying
a weapon when on or attempting to board an aircraft (section
46303). In addition, subsection (v) would also authorize TSA to
impose civil penalties against persons who interfere with a
cabin or flight crew (section 46318).
Subsection (n).--This subsection would correct a
typographical error.
Subsection (o).--This subsection would delete the qualifier
``screening'' from the section heading of 49 U.S.C. 46503
because the coverage of the section is broader than screening
personnel, and extends to any Federal, airport, or air carrier
employee with security duties within an airport.
Subsection (p).--This subsection would correct two
typographical errors.
Subsections (q) through (aa), other than (s).--These
subsections woudl correct a number of typographical errors in
chapter 449 and in the Aviation and Transportation Security
Act.
Subsection (s).--This subsection would seek to protect the
privacy of applicants and employees from the transmission of
non-relevant information to a potential or current employer.
The Committee wants to ensure that inappropriate information is
not divulged.
Subsection (bb).--The terminology in ATSA differs by 1 pound
from the standard terminology used by the FAA to distinguish
between aircraft weight categories, thus bringing under
regulation (in section 132(a) of ATSA (security regulation of
charter aircraft operations)) a large population of aircraft
that were not intended to be covered by Congress. This
subsection would modify the terminology in section 132(a) to
align with the standard distinction.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49. TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1. ORGANIZATION
Sec. 106. Federal Aviation Administration
(a) The Federal Aviation Administration is an administration
in the Department of Transportation.
(b) The head of the Administration is the Administrator. The
Administration has a Deputy Administrator. They are appointed
by the President, by and with the advice and consent of the
Senate. When making an appointment, the President shall
consider the fitness of the individual to carry out efficiently
the duties and powers of the office. Except as provided in
subsection (f) or in other provisions of law, the Administrator
reports directly to the Secretary of Transportation. The term
of office for any individual appointed as Administrator after
August 23, 1994, shall be 5 years.
(c) The Administrator must--
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to
aviation.
(d)(1) The Deputy Administrator must be a citizen of the
United States and have experience in a field directly related
to aviation. An officer on active duty in an armed force may be
appointed as Deputy Administrator. However, if the
Administrator is a former regular officer of an armed force,
the Deputy Administrator may not be an officer on active duty
in an armed force, a retired regular officer of an armed force,
or a former regular officer of an armed force.
(2) An officer on active duty or a retired officer serving as
Deputy Administrator is entitled to hold a rank and grade not
lower than that held when appointed as Deputy Administrator.
The Deputy Administrator may elect to receive (A) the pay
provided by law for the Deputy Administrator, or (B) the pay
and allowances or the retired pay of the military grade held.
If the Deputy Administrator elects to receive the military pay
and allowances or retired pay, the Administration shall
reimburse the appropriate military department from funds
available for the expenses of the Administration.
(3) The appointment and service of a member of the armed
forces as a Deputy Administrator does not affect the status,
office, rank, or grade held by that member, or a right or
benefit arising from the status, office, rank, or grade. The
Secretary of a military department does not control the member
when the member is carrying out duties and powers of the Deputy
Administrator.
(e) The Administrator and the Deputy Administrator may not
have a pecuniary interest in, or own stock in or bonds of, an
aeronautical enterprise, or engage in another business,
vocation, or employment.
(f) Authority of the Secretary and the Administrator.--
(1) Authority of the Secretary.--Except as provided
in paragraph (2), the Secretary of Transportation shall
carry out the duties and powers, and controls the
personnel and activities, of the Administration.
Neither the Secretary nor the Administrator may submit
decisions for the approval of, or be bound by the
decisions or recommendations of, a committee, board, or
organization established by executive order.
(2) Authority of the administrator.--The
Administrator--
(A) is the final authority for carrying out
all functions, powers, and duties of the
Administration relating to--
(i) the appointment and employment of
all officers and employees of the
Administration (other than Presidential
and political appointees);
(ii) the acquisition and maintenance
of property and equipment of the
Administration;
(iii) except as otherwise provided in
paragraph (3), the promulgation of
regulations, rules, orders, circulars,
bulletins, and other official
publications of the Administration; and
(iv) any obligation imposed on the
Administrator, or power conferred on
the Administrator, by the Air Traffic
Management System Performance
Improvement Act of 1996 (or any
amendment made by that Act);
(B) shall offer advice and counsel to the
President with respect to the appointment and
qualifications of any officer or employee of
the Administration to be appointed by the
President or as a political appointee;
(C) may delegate, and authorize successive
redelegations of, to an officer or employee of
the Administration any function, power, or duty
conferred upon the Administrator, unless such
delegation is prohibited by law; and
(D) except as otherwise provided for in this
title, and notwithstanding any other provision
of law, shall not be required to coordinate,
submit for approval or concurrence, or seek the
advice or views of the Secretary or any other
officer or employee of the Department of
Transportation on any matter with respect to
which the Administrator is the final authority.
(3) Regulations.--
(A) In general.--In the performance of the
functions of the Administrator and the
Administration, the Administrator is authorized
to issue, rescind, and revise such regulations
as are necessary to carry out those functions.
The issuance of such regulations shall be
governed by the provisions of chapter 5 of
title 5. The Administrator shall act upon all
petitions for rulemaking no later than 6 months
after the date such petitions are filed by
dismissing such petitions, by informing the
petitioner of an intention to dismiss, or by
issuing a notice of proposed rulemaking or
advanced notice of proposed rulemaking. The
Administrator shall issue a final regulation,
or take other final action, not later than 16
months after the last day of the public comment
period for the regulations or, in the case of
an advanced notice of proposed rulemaking, if
issued, not later than 24 months after the date
of publication in the Federal Register of
notice of the proposed rulemaking. On February
1 and August 1 of each year the Administrator
shall submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a
letter listing each deadline the Administrator
missed under this subparagraph during the 6-
month period ending on such date, including an
explanation for missing the deadline and a
projected date on which the action that was
subject to the deadline will be taken.
(B) Approval of secretary of
transportation.--
(i) The Administrator may not issue a
proposed regulation or final regulation
that is likely to result in the
expenditure by State, local, and tribal
governments in the aggregate, or by the
private sector, of $ 250,000,000 or
more (adjusted annually for inflation
beginning with the year following the
date of the enactment of the Wendell H.
Ford Aviation Investment and Reform Act
for the 21st Century) in any year, or
any regulation which is significant,
unless the Secretary of Transportation
approves the issuance of the regulation
in advance. For purposes of this
paragraph, a regulation is significant
if the Administrator, in consultation
with the Secretary (as appropriate),
determines that the regulation is
likely to--
(I) have an annual effect on
the economy of $ 250,000,000 or
more or adversely affect in a
substantial material way the
economy, a sector of the
economy, productivity,
competition, jobs, the
environment, public health or
safety, or State, local, or
tribal governments or
communities; or
(II) raise novel or
significant legal or policy
issues arising out of legal
mandates that may substantially
and materially affect other
transportation modes.
(ii) In an emergency, the
Administrator may issue a regulation
described in clause (i) without prior
approval by the Secretary, but any such
emergency regulation is subject to
ratification by the Secretary after it
is issued and shall be rescinded by the
Administrator within 5 days (excluding
Saturdays, Sundays, and legal public
holidays) after issuance if the
Secretary fails to ratify its issuance.
(iii) Any regulation that does not
meet the criteria of clause (i), and
any regulation or other action that is
a routine or frequent action or a
procedural action, may be issued by the
Administrator without review or
approval by the Secretary.
(iv) The Administrator shall submit a
copy of any regulation requiring
approval by the Secretary under clause
(i) to the Secretary, who shall either
approve it or return it to the
Administrator with comments within 45
days after receiving it.
(C) Periodic review.--
(i) Beginning on the date which is 3
years after the date of the enactment
of the Air Traffic Management System
Performance Improvement Act of 1996,
the Administrator shall review any
unusually burdensome regulation issued
by the Administrator after such date of
enactment beginning not later than 3
years after the effective date of the
regulation to determine if the cost
assumptions were accurate, the benefit
of the regulations, and the need to
continue such regulations in force in
their present form.
(ii) The Administrator may identify
for review under the criteria set forth
in clause (i) unusually burdensome
regulations that were issued before the
date of the enactment of the Air
Traffic Management System Performance
Improvement Act of 1996 and that have
been in force for more than 3 years.
(iii) For purposes of this
subparagraph, the term ``unusually
burdensome regulation'' means any
regulation that results in the annual
expenditure by State, local, and tribal
governments in the aggregate, or by the
private sector, of $25,000,000 or more
(adjusted annually for inflation
beginning with the year following the
date of the enactment of the Air
Traffic Management System Performance
Act of 1996) in any year.
(iv) The periodic review of
regulations may be performed by
advisory committees and the Management
Advisory Council established under
subsection (p).
(4) Definition of political appointee. For purposes
of this subsection, the term ``political appointee''
means any individual who--
(A) is employed in a position listed in
sections 5312 through 5316 of title 5 (relating
to the Executive Schedule);
(B) is a limited term appointee, limited
emergency appointee, or noncareer appointee in
the Senior Executive Service, as defined under
paragraphs (5), (6), and (7), respectively, of
section 3132(a) of title 5; or
(C) is employed in a position in the
executive branch of the Government of a
confidential or policy-determining character
under schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations.
(g) Duties and Powers of Administrator.--
(1) Except as provided in paragraph (2) of this
subsection, the Administrator shall carry out--
(A) duties and powers of the Secretary of
Transportation under subsection (f) of this
section related to aviation safety (except
those related to transportation, packaging,
marking, or description of hazardous material)
and stated in sections 308(b), 1132(c) and (d),
40101(c), 40103(b), 40106(a), 40108, 40109(b),
40113(a), 40113(c), 40113(d), 40113(e),
40114(a), and 40119, chapter 445 (except
sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514,
and 44515), chapter 447 (except sections 44717,
44718(a), 44718(b), 44719, 44720, 44721(b),
44722, and 44723), chapter 449 (except sections
44903(d), 44904, 44905, 44907-44911, 44913,
44915, and 44931-44934), chapter 451, chapter
453, sections 46104, 46301(d) and (h)(2),
46303(c), 46304-46308, 46310, 46311, and 46313-
46316, chapter 465, and sections 47504(b)
(related to flight procedures), 47508(a), and
48107 of this title; and
(B) additional duties and powers prescribed
by the Secretary of Transportation.
(2) In carrying out sections 40119, 44901, 44903(a)-
(c) and (e), 44906, 44912, 44935-44937, 44938(a) and
(b), and 48107 of this title, paragraph (1)(A) of this
subsection does not apply to duties and powers vested
in the Director of Intelligence and Security by section
44931 of this title.
(h) Section 40101(d) of this title applies to duties and
powers specified in subsection (g)(1) of this section. Any of
those duties and powers may be transferred to another part of
the Department only when specifically provided by law or a
reorganization plan submitted under chapter 9 of title 5. A
decision of the Administrator in carrying out those duties or
powers is administratively final.
(i) The Deputy Administrator shall carry out duties and
powers prescribed by the Administrator. The Deputy
Administrator acts for the Administrator when the Administrator
is absent or unable to serve, or when the office of the
Administrator is vacant.
(j) There is established within the Federal Aviation
Administration an institute to conduct civil aeromedical
research under section 44507 of this title. Such institute
shall be known as the ``Civil Aeromedical Institute''. Research
conducted by the institute should take appropriate advantage of
capabilities of other government agencies, universities, or the
private sector.
(k) Authorization of Appropriations for Operations.--
(1) In general.--There is authorized to be
appropriated to the Secretary of Transportation for
operations of the Administration--
(A) such sums as may be necessary for fiscal
year 2000;
(B) $6,592,235,000 for fiscal year 2001;
(C) $6,886,000,000 for fiscal year 2002; and
(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
(2) Authorized expenditures.--Out of amounts
appropriated under paragraph (1), the following
expenditures are authorized:
(A) $450,000 for each of fiscal years 2000
through 2003 for wildlife hazard mitigation
measures and management of the wildlife strike
database of the Federal Aviation
Administration.
(B) $9,100,000 for the 3-fiscal-year period
beginning with fiscal year 2001 to support a
university consortium established to provide an
air safety and security management certificate
program, working cooperatively with the Federal
Aviation Administration and United States air
carriers, except that funds under this
subparagraph--
(i) may not be used for the
construction of a building or other
facility; and
(ii) may only be awarded on the basis
of open competition.
(C) Such sums as may be necessary for fiscal
years 2000 through 2003 to support
infrastructure systems development for both
general aviation and the vertical flight
industry.
(D) Such sums as may be necessary for fiscal
years 2000 through 2003 to establish helicopter
approach procedures using current technologies
(such as the Global Positioning System) to
support all-weather, emergency medical service
for trauma patients.
(E) Such sums as may be necessary for fiscal
years 2000 through 2003 to revise existing
terminal and en route procedures and instrument
flight rules to facilitate the takeoff, flight,
and landing of tiltrotor aircraft and to
improve the national airspace system by
separating such aircraft from congested flight
paths of fixed-wing aircraft.
(F) $3,300,000 for fiscal year 2000 and
$3,000,000 for each of fiscal years 2001
through 2003 to implement the 1998 airport
surface operations safety action plan of the
Federal Aviation Administration.
(G) $9,100,000 for fiscal year 2001 to
support air safety efforts through payment of
United States membership obligations in the
International Civil Aviation Organization, to
be paid as soon as practicable.
(H) Such sums as may be necessary for fiscal
years 2000 through 2003 for the Secretary to
hire additional inspectors in order to enhance
air cargo security programs.
(I) Such sums as may be necessary for fiscal
years 2000 through 2003 to develop and improve
training programs (including model training
programs and curriculum) for security screening
personnel at airports that will be used by
airlines to meet regulatory requirements
relating to the training and testing of such
personnel.
(l) Personnel and Services.--
(1) Officers and employees.--Except as provided in
subsections (a) and (g) of section 40122, the
Administrator is authorized, in the performance of the
functions of the Administrator, to appoint, transfer,
and fix the compensation of such officers and
employees, including attorneys, as may be necessary to
carry out the functions of the Administrator and the
Administration. In fixing compensation and benefits of
officers and employees, the Administrator shall not
engage in any type of bargaining, except to the extent
provided for in section 40122(a), nor shall the
Administrator be bound by any requirement to establish
such compensation or benefits at particular levels.
(2) Experts and consultants.--The Administrator is
authorized to obtain the services of experts and
consultants in accordance with section 3109 of title 5.
(3) Transportation and per diem expenses.--The
Administrator is authorized to pay transportation
expenses, and per diem in lieu of subsistence expenses,
in accordance with chapter 57 of title 5.
(4) Use of personnel from other agencies.--The
Administrator is authorized to utilize the services of
personnel of any other Federal agency (as such term is
defined under section 551(1) of title 5).
(5) Voluntary services.--
(A) General rule.--In exercising the
authority to accept gifts and voluntary
services under section 326 of this title, and
without regard to section 1342 of title 31, the
Administrator may not accept voluntary and
uncompensated services if such services are
used to displace Federal employees employed on
a full-time, part-time, or seasonal basis.
(B) Incidental expenses.--The Administrator
is authorized to provide for incidental
expenses, including transportation, lodging,
and subsistence, for volunteers who provide
voluntary services under this subsection.
(C) Limited treatment as federal employees.--
An individual who provides voluntary services
under this subsection shall not be considered a
Federal employee for any purpose other than for
purposes of chapter 81 of title 5, relating to
compensation for work injuries, and chapter 171
of title 28, relating to tort claims.
(6) Contracts.--The Administrator is authorized to
enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary to carry out the functions of the
Administrator and the Administration. The Administrator
may enter into such contracts, leases, cooperative
agreements, and other transactions with any Federal
agency (as such term is defined in section 551(1) of
title 5) or any instrumentality of the United States,
any State, territory, or possession, or political
subdivision thereof, any other governmental entity, or
any person, firm, association, corporation, or
educational institution, on such terms and conditions
as the Administrator may consider appropriate.
(m) Cooperation by Administrator.--With the consent of
appropriate officials, the Administrator may, with or without
reimbursement, use or accept the services, equipment,
personnel, and facilities of any other Federal agency (as such
term is defined in section 551(1) of title 5) and any other
public or private entity. The Administrator may also cooperate
with appropriate officials of other public and private agencies
and instrumentalities concerning the use of services,
equipment, personnel, and facilities. The head of each Federal
agency shall cooperate with the Administrator in making the
services, equipment, personnel, and facilities of the Federal
agency available to the Administrator. The head of a Federal
agency is authorized, notwithstanding any other provision of
law, to transfer to or to receive from the Administration,
without reimbursement, supplies, personnel, services, and
equipment other than administrative supplies or equipment.
(n) Acquisition.--
(1) In general. The Administrator is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise), construct,
improve, repair, operate, and maintain--
(i) air traffic control facilities
and equipment;
(ii) research and testing sites and
facilities; and
(iii) such other real and personal
property (including office space and
patents), or any interest therein,
within and outside the continental
United States as the Administrator
considers necessary;
(B) to lease to others such real and personal
property; and
(C) to provide by contract or otherwise for
eating facilities and other necessary
facilities for the welfare of employees of the
Administration at the installations of the
Administration, and to acquire, operate, and
maintain equipment for these facilities.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(o) Transfers of Funds.--The Administrator is authorized to
accept transfers of unobligated balances and unexpended
balances of funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5) to carry out
functions transferred by law to the Administrator or functions
transferred pursuant to law to the Administrator on or after
the date of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996.
(p) Management Advisory Council.--
(1) Establishment.--Within 3 months after the date of
the enactment of the Air Traffic Management System
Performance Improvement Act of 1996, the Administrator
shall establish an advisory council which shall be
known as the Federal Aviation Management Advisory
Council (in this subsection referred to as the
``Council''). With respect to Administration
management, policy, spending, funding, and regulatory
matters affecting the aviation industry, the Council
may submit comments, recommended modifications, and
dissenting views to the Administrator. The
Administrator shall include in any submission to
Congress, the Secretary, or the general public, and in
any submission for publication in the Federal Register,
a description of the comments, recommended
modifications, and dissenting views received from the
Council, together with the reasons for any differences
between the views of the Council and the views or
actions of the Administrator.
(2) Membership.--The Council shall consist of 18
members, who shall consist of--
(A) a designee of the Secretary of
Transportation;
(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation
interests, appointed by--
(i) in the case of initial
appointments to the Council, the
President by and with the advice and
consent of the Senate; and
(ii) in the case of subsequent
appointments to the Council, the
Secretary of Transportation;
(D) 1 member appointed, from among
individuals who are the leaders of their
respective unions of air traffic control system
employees, by--
(i) in the case of initial
appointments to the Council, the
President by and with the advice and
consent of the Senate; and
(ii) in the case of subsequent
appointments to the Council, the
Secretary of Transportation; and
(E) 5 members appointed by the Secretary
after consultation with the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate.
(3) Qualifications.--
(A) No Federal officer or employee. No member
appointed under paragraph (2)(C) or 2(E) may
serve as an officer or employee of the United
States Government while serving as a member of
the Council.
(B) Air Traffic Services Subcommittee.
Members appointed under paragraph (2)(E)
shall--
(i) have a fiduciary responsibility
to represent the public interest;
(ii) be citizens of the United
States; and
(iii) be appointed without regard to
political affiliation and solely on the
basis of their professional experience
and expertise in one or more of the
following areas:
(I) Management of large
service organizations.
(II) Customer service.
(III) Management of large
procurements.
(IV) Information and
communications technology.
(V) Organizational
development.
(VI) Labor relations.
At least one of such members should
have a background in managing large
organizations successfully. In the
aggregate, such members should
collectively bring to bear expertise in
all of the areas described in
subclauses (I) through (VI).
(C) Prohibitions on members of
Subcommittee.--No member appointed under
paragraph (2)(E) may--
(i) have a pecuniary interest in, or
own stock in or bonds of, an aviation
or aeronautical enterprise, except an
interest in a diversified mutual fund
or an interest that is exempt from the
application of section 208 of title 18;
(ii) engage in another business
related to aviation or aeronautics; or
(iii) be a member of any organization
that engages, as a substantial part of
its activities, in activities to
influence aviation-related legislation.
(4) Functions.--
(A) In general.--
(i) The Council shall provide advice
and counsel to the Administrator on
issues which affect or are affected by
the operations of the Administrator.
The Council shall function as an
oversight resource for management,
policy, spending, and regulatory
matters under the jurisdiction of the
Administration.
(ii) The Council shall review the
rulemaking cost-benefit analysis
process and develop recommendations to
improve the analysis and ensure that
the public interest is fully protected.
(iii) The Council shall review the
process through which the
Administration determines to use
advisory circulars and service
bulletins.
(B) Meetings.--The Council shall meet on a
regular and periodic basis or at the call of
the chairman or of the Administrator.
(C) Access to documents and staff.--The
Administration may give the Council appropriate
access to relevant documents and personnel of
the Administration, and the Administrator shall
make available, consistent with the authority
to withhold commercial and other proprietary
information under section 552 of title 5
(commonly known as the ``Freedom of Information
Act''), cost data associated with the
acquisition and operation of air traffic
service systems. Any member of the Council who
receives commercial or other proprietary data
from the Administrator shall be subject to the
provisions of section 1905 of title 18,
pertaining to unauthorized disclosure of such
information.
(5) Federal advisory committee act not to apply.--The
Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to the Council or such aviation rulemaking
committees as the Administrator shall designate.
(6) Administrative matters.--
(A) Terms of members appointed under
paragraph (2)(c).--Members of the Council
appointed under paragraph (2)(C) shall be
appointed for a term of 3 years. Of the members
first appointed by the President under
paragraph (2)(C)--
(i) 3 shall be appointed for terms of
1 year;
(ii) 4 shall be appointed for terms
of 2 years; and
(iii) 3 shall be appointed for terms
of 3 years.
(B) Term for air traffic control
representative.--The member appointed under
paragraph (2)(D) shall be appointed for a term
of 3 years, except that the term of such
individual shall end whenever the individual no
longer meets the requirements of paragraph
(2)(D).
(C) Terms for air traffic services
subcommittee members.--The member appointed
under paragraph (2)(E) shall be appointed for a
term of 5 years, except that of the members
first appointed under paragraph (2)(E)--
(i) 2 members shall be appointed for
a term of 3 years;
(ii) 2 members shall be appointed for
a term of 4 years; and
(iii) 1 member shall be appointed for
a term of 5 years.
(D) Reappointment.--An individual may not be
appointed under paragraph (2)(E) to more than
two 5-year terms.
(E) Vacancy.--Any vacancy on the Council
shall be filled in the same manner as the
original appointment, except that any vacancy
caused by a member appointed by the President
under paragraph (2)(C)(i) shall be filled by
the Secretary in accordance with paragraph
(2)(C)(ii). Any member appointed to fill a
vacancy occurring before the expiration of the
term for which the member's predecessor was
appointed shall be appointed for the remainder
of that term.
(F) Continuation in office.--A member whose
term expires shall continue to serve until the
date on which the member's successor takes
office.
(G) Removal.--Any member of the Council
appointed under paragraph (2)(D) may be removed
for cause by the President or Secretary whoever
makes the appointment. Any member of the
Council appointed under paragraph (2)(E) may be
removed for cause by the Secretary.
(H) Claims against members of Subcommittee.--
(i) In general.--A member appointed
under paragraph (2)(E) shall have no
personal liability under Federal law
with respect to any claim arising out
of or resulting from an act or omission
by such member within the scope of
service as a member of the Air Traffic
Services Subcommittee.
(ii) Effect on other law.--This
subparagraph shall not be construed--
(I) to affect any other
immunity or protection that may
be available to a member of the
Subcommittee under applicable
law with respect to such
transactions;
(II) to affect any other
right or remedy against the
United States under applicable
law; or
(III) to limit or alter in
any way the immunities that are
available under applicable law
for Federal officers and
employees.
(I) Ethical considerations.--
(i) Financial disclosure.--During the
entire period that an individual
appointed under paragraph (2)(E) is a
member of the Subcommittee, such
individual shall be treated as serving
as an officer or employee referred to
in section 101(f) of the Ethics in
Government Act of 1978 for purposes of
title I of such Act; except that
section 101(d) of such Act shall apply
without regard to the number of days of
service in the position.
(ii) Restrictions on post-
employment.--For purposes of section
207(c) of title 18, an individual
appointed under paragraph (2)(E) shall
be treated as an employee referred to
in section 207(c)(2)(A)(i) of such
title during the entire period the
individual is a member of the
Subcommittee; except that subsections
(c)(2)(B) and (f) of section 207 of
such title shall not apply.
(J) Chairman; vice chairman.--The Council
shall elect a chair and a vice chair from among
the members appointed under paragraph (2)(C),
each of whom shall serve for a term of 1 year.
The vice chair shall perform the duties of the
chairman in the absence of the chairman.
(K) Travel and per diem.--Each member of the
Council shall be paid actual travel expenses,
and per diem in lieu of subsistence expenses
when away from his or her usual place of
residence, in accordance with section 5703 of
title 5.
(L) Detail of personnel from the
administration.--The Administrator shall make
available to the Council such staff,
information, and administrative services and
assistance as may reasonably be required to
enable the Council to carry out its
responsibilities under this subsection.
(7) Air traffic services subcommittee.--
(A) In general.--The Management Advisory
Council shall have an air traffic services
subcommittee (in this paragraph referred to as
the ``Subcommittee'') composed of the five
members appointed under paragraph (2)(E).
(B) General responsibilities.
(i) Oversight.--The Subcommittee
shall oversee the administration,
management, conduct, direction, and
supervision of the air traffic control
system.
(ii) Confidentiality.--The
Subcommittee shall ensure that
appropriate confidentiality is
maintained in the exercise of its
duties.
(C) Specific responsibilities.--The
Subcommittee shall have the following specific
responsibilities:
(i) Strategic plans.--To review,
approve, and monitor the strategic plan
for the air traffic control system,
including the establishment of--
(I) a mission and objectives;
(II) standards of performance
relative to such mission and
objectives, including safety,
efficiency, and productivity;
and
(III) annual and long-range
strategic plans.
(ii) Modernization and improvement.
To review and approve--
(I) methods to accelerate air
traffic control modernization
and improvements in aviation
safety related to air traffic
control; and
(II) procurements of air
traffic control equipment in
excess of $100,000,000.
(iii) Operational plans.--To review
the operational functions of the air
traffic control system, including--
(I) plans for modernization
of the air traffic control
system;
(II) plans for increasing
productivity or implementing
cost-saving measures; and
(III) plans for training and
education.
(iv) Management.--To--
(I) review and approve the
Administrator's appointment of
a Chief Operating Officer under
section 106(r);
(II) review the
Administrator's selection,
evaluation, and compensation of
senior executives of the
Administration who have program
management responsibility over
significant functions of the
air traffic control system;
(III) review and approve the
Administrator's plans for any
major reorganization of the
Administration that would
impact on the management of the
air traffic control system;
(IV) review and approve the
Administrator's cost accounting
and financial management
structure and technologies to
help ensure efficient and cost-
effective air traffic control
operation; and
(V) review the performance
and compensation of managers
responsible for major
acquisition projects, including
the ability of the managers to
meet schedule and budget
targets.
(v) Budget.--To--
(I) review and approve the
budget request of the
Administration related to the
air traffic control system
prepared by the Administrator;
(II) submit such budget
request to the Secretary; and
(III) ensure that the budget
request supports the annual and
long-range strategic plans.
The Secretary shall submit the budget request
referred to in clause (v)(II) for any fiscal
year to the President who shall transmit such
request, without revision, to the Committees on
Transportation and Infrastructure and
Appropriations of the House of Representatives
and the Committees on Commerce, Science, and
Transportation and Appropriations of the
Senate, together with the President's annual
budget request for the Federal Aviation
Administration for such fiscal year.
(D) Subcommittee personnel matters.--
(i) Compensation of members.--Each
member of the Subcommittee shall be
compensated at a rate of $25,000 per
year.
(ii) Compensation of chairperson.--
Notwithstanding clause (i), the
chairperson of the Subcommittee shall
be compensated at a rate of $40,000 per
year.
(iii) Staff.--The chairperson of the
Subcommittee may appoint and terminate
any personnel that may be necessary to
enable the Subcommittee to perform its
duties.
(iv) Procurement of temporary and
intermittent services.--The chairperson
of the Subcommittee may procure
temporary and intermittent services
under section 3109(b) of title 5,
United States Code.
(E) Administrative matters.--
(i) Term of chair.--The members of
the Subcommittee shall elect for a 2-
year term a chairperson from among the
members of the Subcommittee.
(ii) Powers of chair.--Except as
otherwise provided by a majority vote
of the Subcommittee, the powers of the
chairperson shall include--
(I) establishing committees;
(II) setting meeting places
and times;
(III) establishing meeting
agendas; and
(IV) developing rules for the
conduct of business.
(iii) Meetings.--The Subcommittee
shall meet at least quarterly and at
such other times as the chairperson
determines appropriate.
(iv) Quorum.--Three members of the
Subcommittee shall constitute a quorum.
A majority of members present and
voting shall be required for the
Subcommittee to take action.
(F) Reports.--
(i) Annual.--The Subcommittee shall
each year report with respect to the
conduct of its responsibilities under
this title to the Administrator, the
Council, the Committee on
Transportation and Infrastructure of
the House of Representatives, and the
Committee on Commerce, Science, and
Transportation of the Senate.
(ii) Additional report.--If a
determination by the Subcommittee under
subparagraph (B)(i) that the
organization and operation of the air
traffic control system are not allowing
the Administration to carry out its
mission, the Subcommittee shall report
such determination to the
Administrator, the Council, the
Committee on Transportation and
Infrastructure of the House of
Representatives, and the Committee on
Commerce, Science, and Transportation
of the Senate.
(iii) Action of administrator on
report.--Not later than 60 days after
the date of a report of the
Subcommittee under this subparagraph,
the Administrator shall take action
with respect to such report. If the
Administrator overturns a
recommendation of the Subcommittee, the
Administrator shall report such action
to the President, the Committee on
Transportation and Infrastructure of
the House of Representatives, and the
Committee on Commerce, Science, and
Transportation of the Senate.
(iv) Comptroller general's report.--
Not later than April 30, 2003, the
Comptroller General of the United
States shall transmit to the Committee
on Transportation and Infrastructure of
the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a report
on the success of the Subcommittee in
improving the performance of the air
traffic control system.
(8) Air traffic control system defined.--In this
section, the term ``air traffic control system'' has
the meaning such term has under section 40102(a).
(q) Aircraft Noise Ombudsman.--
(1) Establishment.--There shall be in the
Administration an Aircraft Noise Ombudsman.
(2) General duties and responsibilities.--The
Ombudsman shall--
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on
issues regarding aircraft noise; and
(C) be consulted when the Administration
proposes changes in aircraft routes so as to
minimize any increases in aircraft noise over
populated areas.
(3) Number of full-time equivalent employees.--The
appointment of an Ombudsman under this subsection shall
not result in an increase in the number of full-time
equivalent employees in the Administration.
(r) Chief Operating Officer.--
(1) In general.--
(A) Appointment.--There shall be a Chief
Operating Officer for the air traffic control
system to be appointed by the Administrator,
with the approval of the Air Traffic Services
Subcommittee of the Aviation Management
Advisory Council. The Chief Operating Officer
shall report directly to the Administrator and
shall be subject to the authority of the
Administrator.
(B) Qualifications.--The Chief Operating
Officer shall have a demonstrated ability in
management and knowledge of or experience in
aviation.
(C) Term.--The Chief Operating Officer shall
be appointed for a term of 5 years.
(D) Removal.--The Chief Operating Officer
shall serve at the pleasure of the
Administrator, except that the Administrator
shall make every effort to ensure stability and
continuity in the leadership of the air traffic
control system.
(E) Vacancy.--Any individual appointed to
fill a vacancy in the position of Chief
Operating Officer occurring before the
expiration of the term for which the
individual's predecessor was appointed shall be
appointed for the remainder of that term.
(2) Compensation.--
(A) In general.--The Chief Operating Officer
shall be paid at an annual rate of basic pay to
be determined by the Administrator, with the
approval of the Air Traffic Services
Subcommittee of the Aviation Management
Advisory Council. The annual rate may not
exceed the annual compensation paid under
section 102 of title 3. The Chief Operating
Officer shall be subject to the post-employment
provisions of section 207 of title 18 as if the
position of Chief Operating Officer were
described in section 207(c)(2)(A)(i) of that
title.
(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the
Chief Operating Officer may receive a bonus for
any calendar year not to exceed 30 percent of
the annual rate of basic pay, based upon the
Administrator's evaluation of the Chief
Operating Officer's performance in relation to
the performance goals set forth in the
performance agreement described paragraph (3).
(3) Annual performance agreement.--The Administrator
and the Chief Operating Officer, in consultation with
the Air Traffic Control Subcommittee of the Aviation
Management Advisory Committee, shall enter into an
annual performance agreement that sets forth measurable
organization and individual goals for the Chief
Operating Officer in key operational areas. The
agreement shall be subject to review and renegotiation
on an annual basis.
(4) Annual performance report.--The Chief Operating
Officer shall prepare and transmit to the Secretary of
Transportation and Congress an annual management report
containing such information as may be prescribed by the
Secretary.
(5) Responsibilities.--The Administrator may delegate
to the Chief Operating Officer, or any other authority
within the Administration responsibilities, including
the following:
(A) Strategic plans.--To develop a strategic
plan of the Administration for the air traffic
control system, including the establishment
of--
(i) a mission and objectives;
(ii) standards of performance
relative to such mission and
objectives, including safety,
efficiency, and productivity;
(iii) annual and long-range strategic
plans; and
(iv) methods of the Administration to
accelerate air traffic control
modernization and improvements in
aviation safety related to air traffic
control.
(B) Operations.--To review the operational
functions of the Administration, including--
(i) modernization of the air traffic
control system;
(ii) increasing productivity or
implementing cost-saving measures; and
(iii) training and education.
(C) Budget.--To--
(i) develop a budget request of the
Administration related to the air
traffic control system prepared by the
Administrator;
(ii) submit such budget request to
the Administrator and the Secretary of
Transportation; and
(iii) ensure that the budget request
supports the annual and long-range
strategic plans developed under
subparagraph (A) of this subsection.
* * * * * * *
Sec. 114. Transportation Security Administration
(a) In General.--The Transportation Security Administration
shall be an administration of the Department of Transportation.
(b) Under Secretary.--
(1) Appointment.--The head of the Administration
shall be the Under Secretary of Transportation for
Security. The Under Secretary shall be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Qualifications.--The Under Secretary must--
(A) be a citizen of the United States; and
(B) have experience in a field directly
related to transportation or security.
(3) Term.--The term of office of an individual
appointed as the Under Secretary shall be 5 years.
(c) Limitation on Ownership of Stocks and Bonds.--The Under
Secretary may not own stock in or bonds of a transportation or
security enterprise or an enterprise that makes equipment that
could be used for security purposes.
(d) Functions.--The Under Secretary shall be responsible for
security in all modes of transportation, including--
(1) carrying out chapter 449, relating to civil
aviation security, and related research and development
activities; and
(2) security responsibilities over other modes of
transportation that are exercised by the Department of
Transportation.
(e) Screening Operations.--The Under Secretary shall--
(1) be responsible for day-to-day Federal security
screening operations for passenger air transportation
and intrastate air transportation under sections 44901
and 44935;
(2) develop standards for the hiring and retention of
security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel
to provide security screening at all airports in the
United States where screening is required under section
44901, in consultation with the Secretary of
Transportation and the heads of other appropriate
Federal agencies and departments.
(f) Additional Duties and Powers.--In addition to carrying
out the functions specified in subsections (d) and (e), the
Under Secretary shall--
(1) receive, assess, and distribute intelligence
information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
(4) make other plans related to transportation
security, including coordinating countermeasures with
appropriate departments, agencies, and
instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation
security to the intelligence and law enforcement
communities;
(6) on a day-to-day basis, manage and provide
operational guidance to the field security resources of
the Administration, including Federal Security Managers
as provided by section 44933;
(7) enforce security-related regulations and
requirements;
(8) identify and undertake research and development
activities necessary to enhance transportation
security;
(9) inspect, maintain, and test security facilities,
equipment, and systems;
(10) ensure the adequacy of security measures for the
transportation of cargo;
(11) oversee the implementation, and ensure the
adequacy, of security measures at airports and other
transportation facilities;
(12) require background checks for airport security
screening personnel, individuals with access to secure
areas of airports, and other transportation security
personnel;
(13) 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;
(14) work with the International Civil Aviation
Organization and appropriate aeronautic authorities of
foreign governments under section 44907 to address
security concerns on passenger flights by foreign air
carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such
other powers, relating to transportation security as
the Under Secretary considers appropriate, to the
extent authorized by law.
(g) National Emergency Responsibilities.--
(1) In general.--Subject to the direction and control
of the Secretary, the Under Secretary, during a
national emergency, shall have the following
responsibilities:
(A) To coordinate domestic transportation,
including aviation, rail, and other surface
transportation, and maritime transportation
(including port security).
(B) To coordinate and oversee 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 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.
(D) To carry out such other duties, and
exercise such other powers, relating to
transportation during a national emergency as
the Secretary shall prescribe.
(2) Authority of Other Departments and Agencies.--The
authority of the Under Secretary under this subsection
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.
(3) Circumstances.--The Secretary shall prescribe the
circumstances constituting a national emergency for
purposes of this subsection.
(h) Management of Security Information.--In consultation with
the Transportation Security Oversight Board, the Under
Secretary shall--
(1) enter into memoranda of understanding with
Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals
identified on Federal agency databases who may pose a
risk to transportation or national security;
(2) establish procedures for notifying the
Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials,
and airport or airline security officers of the
identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat
to airline or passenger safety;
(3) in consultation with other appropriate Federal
agencies and air carriers, establish policies and
procedures requiring air carriers--
(A) to use information from government
agencies to identify individuals on passenger
lists who may be a threat to civil aviation or
national security; and
(B) if such an individual is identified,
notify appropriate law enforcement agencies,
prevent the individual from boarding an
aircraft, or take other appropriate action with
respect to that individual; and
(4) consider requiring passenger air carriers to
share passenger lists with appropriate Federal agencies
for the purpose of identifying individuals who may pose
a threat to aviation safety or national security.
(i) View of NTSB.--In taking any action under this section
that could affect safety, the Under Secretary shall give great
weight to the timely views of the National Transportation
Safety Board.
(j) Acquisitions.--
(1) In general.--The Under Secretary is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise) such real property,
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
(B) to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain such personal
property (including office space and patents),
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
(C) to lease to others such real and personal
property and to provide by contract or
otherwise for necessary facilities for the
welfare of its employees and to acquire,
maintain, and operate equipment for these
facilities;
(D) to acquire services, including such
personal services as the Under Secretary
determines necessary, and to acquire (by
purchase, lease, condemnation, or otherwise)
and to construct, repair, operate, and maintain
research and testing sites and facilities; and
(E) in cooperation with the Administrator of
the Federal Aviation Administration, to utilize
the research and development facilities of the
Federal Aviation Administration.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(k) Transfers of Funds.--The Under Secretary is authorized to
accept transfers of unobligated balances and unexpended
balances of funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5) to carry out
functions transferred, on or after the date of enactment of the
Aviation and Transportation Security Act, by law to the Under
Secretary.
(l) Regulations.--
(1) In general.--The Under Secretary is authorized to
issue, rescind, and revise such regulations as are
necessary to carry out the functions of the
Administration.
(2) Emergency procedures.--
(A) In general.--Notwithstanding any other
provision of law or executive order (including
an executive order requiring a cost-benefit
analysis), if the Under Secretary determines
that a regulation or security directive must be
issued immediately in order to protect
transportation security, the Under Secretary
shall issue the regulation or security
directive without providing notice or an
opportunity for comment and without prior
approval of the Secretary.
(B) Review by Transportation Security
Oversight Board.--Any regulation or security
directive issued under this paragraph shall be
subject to review by the Transportation
Security Oversight Board established under
section 115. Any regulation or security
directive issued under this paragraph shall
remain effective unless disapproved by the
Board or rescinded by the Under Secretary.
(3) Factors to consider.--In determining whether to
issue, rescind, or revise a regulation under this
section, the Under Secretary shall consider, as a
factor in the final determination, whether the costs of
the regulation are excessive in relation to the
enhancement of security the regulation will provide.
The Under Secretary may waive requirements for an
analysis that estimates the number of lives that will
be saved by the regulation and the monetary value of
such lives if the Under Secretary determines that it is
not feasible to make such an estimate.
(4) Airworthiness objections by FAA.--
(A) In general.--The Under Secretary shall
not take an aviation security action under this
title if the Administrator of the Federal
Aviation Administration notifies the Under
Secretary that the action could adversely
affect the airworthiness of an aircraft.
(B) Review by secretary.--Notwithstanding
subparagraph (A), the Under Secretary may take
such an action, after receiving a notification
concerning the action from the Administrator
under subparagraph (A), if the Secretary of
Transportation subsequently approves the
action.
(m) Personnel and Services; Cooperation by Under Secretary.--
(1) Authority of under secretary.--In carrying out
the functions of the Administration, the Under
Secretary shall have the same authority as is provided
to the Administrator of the Federal Aviation
Administration under subsections (l) and (m) of section
106.
(2) Authority of agency heads.--The head of a Federal
agency shall have the same authority to provide
services, supplies, equipment, personnel, and
facilities to the Under Secretary as the head has to
provide services, supplies, equipment, personnel, and
facilities to the Administrator of the Federal Aviation
Administration under section 106(m).
(n) Personnel Management System.--The personnel management
system established by the Administrator of the Federal Aviation
Administration under section 40122 shall apply to employees of
the Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary may make such
modifications to the personnel management system with respect
to such employees as the Under Secretary considers appropriate,
such as adopting aspects of other personnel systems of the
Department of Transportation.
(o) Acquisition Management System.--The acquisition
management system established by the Administrator of the
Federal Aviation Administration under section 40110 shall apply
to acquisitions of equipment, supplies, and materials by the
Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary may make such
modifications to the acquisition management system with respect
to such acquisitions of equipment, supplies, and materials as
the Under Secretary considers appropriate, such as adopting
aspects of other acquisition management systems of the
Department of Transportation.
(p) Authority of Inspector General.--The Transportation
Security Administration shall be subject to the Inspector
General Act of 1978 (5 U.S.C. App.) and other laws relating to
the authority of the Inspector General of the Department of
Transportation.
(q) Law Enforcement Powers.--
(1) In general.--The Under Secretary may designate an
employee of the Transportation Security Administration
to serve as a law enforcement officer.
(2) Powers.--While engaged in official duties of the
Administration as required to fulfill the
responsibilities under this section, a law enforcement
officer designated under paragraph (1) may--
(A) carry a firearm;
(B) make an arrest without a warrant for any
offense against the United States committed in
the presence of the officer, or for any felony
cognizable under the laws of the United States
if the officer has probable cause to believe
that the person to be arrested has committed or
is committing the felony; and
(C) seek and execute warrants for arrest or
seizure of evidence issued under the authority
of the United States upon probable cause that a
violation has been committed.
(3) Guidelines on exercise of authority.--The
authority provided by this subsection shall be
exercised in accordance with guidelines prescribed by
the Under Secretary, in consultation with the Attorney
General of the United States, and shall include
adherence to the Attorney General's policy on use of
deadly force.
(4) Revocation or suspension of authority.--The
powers authorized by this subsection may be rescinded
or suspended should the Attorney General determine that
the Under Secretary has not complied with the
guidelines prescribed in paragraph (3) and conveys the
determination in writing to the Secretary of
Transportation and the Under Secretary.
(r) Authority to Exempt.--The Under Secretary may grant an
exemption from a regulation prescribed in carrying out this
section if the Under Secretary determines that the exemption is
in the public interest.
Sec. 115. Transportation Security Oversight Board
(a) In General.--There is established in the Department of
Transportation a board to be known as the ``Transportation
Security Oversight Board''.
(b) Membership.--
(1) Number and appointment.--The Board shall be
composed of 7 members as follows:
(A) The Secretary of Transportation, or the
Secretary's designee.
(B) The Attorney General, or the Attorney
General's designee.
(C) The Secretary of 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) One member appointed by the President to
represent the National Security Council.
(G) One member appointed by the President to
represent the Office of Homeland Security.
(2) Chairperson.--The Chairperson of the Board shall
be the Secretary of Transportation.
(c) Duties.--The Board shall--
(1) review and [ratify or disapprove] any regulation
or security directive issued by the Under Secretary of
Transportation for [security] Security under section
114(l)(2) within 30 days after the date of issuance of
such regulation or directive;
(2) facilitate the coordination of intelligence,
security, and law enforcement activities affecting
transportation;
(3) facilitate the sharing of intelligence, security,
and law enforcement information affecting
transportation among Federal agencies and with carriers
and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a
common database of individuals who may pose a threat to
transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Under Secretary
regarding matters reviewed under paragraph (5).
(d) Quarterly Meetings.--The Board shall meet at least
quarterly.
(e) Consideration of Security Information.--A majority of the
Board may vote to close a meeting of the Board to the public,
except that meetings shall be closed to the public whenever
classified, sensitive security information, or information
protected in accordance with section 40119(b), will be
discussed.
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
SUBPART I--GENERAL
CHAPTER 401. GENERAL PROVISIONS
Sec. 40109. Authority to exempt
(a) Air Carriers and Foreign Air Carriers Not Engaged
Directly in Operating Aircraft.--(1) The Secretary of
Transportation may exempt from subpart II of this part--
(A) an air carrier not engaged directly in operating
aircraft in air transportation; or
(B) a foreign air carrier not engaged directly in
operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods
that the Secretary decides are in the public interest.
(b) Safety Regulation.--The Administrator of the Federal
Aviation Administration may grant an exemption from a
regulation prescribed in carrying out sections [40103(b)(1) and
(2), 40119, 44901, 44903, 44906, and 44935-44937] 40103(b)(1)
and (2) and 40119 of this title when the Administrator decides
the exemption is in the public interest.
(c) Other Economic Regulation.--Except as provided in this
section, the Secretary may exempt to the extent the Secretary
considers necessary a person or class of persons from a
provision of chapter 411, chapter 413 (except sections 41307
and 41310(b)-(f)), chapter 415 (except sections 41502, 41505,
and 41507-41509), chapter 417 (except sections 41703, 41704,
41710, 41713, and 41714), chapter 419, subchapter II of chapter
421, and sections 44909 and 46301(b) of this title, or a
regulation or term prescribed under any of those provisions,
when the Secretary decides that the exemption is consistent
with the public interest.
(d) Labor Requirements.--The Secretary may not exempt an air
carrier from section 42112 of this title. However, the
Secretary may exempt from section 42112(b)(1) and (2) an air
carrier not providing scheduled air transportation, and the
operations conducted during daylight hours by an air carrier
providing scheduled air transportation, when the Secretary
decides that--
(1) because of the limited extent of, or unusual
circumstances affecting, the operation of the air
carrier, the enforcement of section 42112(b)(1) and (2)
of this title is or would be an unreasonable burden on
the air carrier that would obstruct its development and
prevent it from beginning or continuing operations; and
(2) the exemption would not affect adversely the
public interest.
(e) Maximum Flying Hours.--The Secretary may not exempt an
air carrier under this section from a provision referred to in
subsection (c) of this section, or a regulation or term
prescribed under any of those provisions, that sets maximum
flying hours for pilots or copilots.
(f) Smaller Aircraft.--(1) An air carrier is exempt from
section 41101(a)(1) of this title, and the Secretary may exempt
an air carrier from another provision of subpart II of this
part, if the air carrier--
(A)(i) provides passenger transportation only with
aircraft having a maximum capacity of 55 passengers; or
(ii) provides the transportation of cargo only with
aircraft having a maximum payload of less than 18,000
pounds; and
(B) complies with liability insurance requirements
and other regulations the Secretary prescribes.
(2) The Secretary may increase the passenger or payload
capacities when the public interest requires.
(3)(A) An exemption under this subsection applies to an air
carrier providing air transportation between 2 places in
Alaska, or between Alaska and Canada, only if the carrier is
authorized by Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places
that may be served by an air carrier providing transportation
only in Alaska under an exemption from section 41101(a)(1) of
this title, or the frequency with which the transportation may
be provided, only when the Secretary decides that providing the
transportation substantially impairs the ability of an air
carrier holding a certificate issued by the Secretary to
provide its authorized transportation, including the minimum
transportation requirement for Alaska specified under section
41732(b)(1)(B) of this title.
(g) Emergency Air Transportation by Foreign Air Carriers.--
(1) To the extent that the Secretary decides an exemption is in
the public interest, the Secretary may exempt by order a
foreign air carrier from the requirements and limitations of
this part for not more than 30 days to allow the foreign air
carrier to carry passengers or cargo in interstate air
transportation in certain markets if the Secretary finds that--
(A) because of an emergency created by unusual
circumstances not arising in the normal course of
business, air carriers holding certificates under
section 41102 of this title cannot accommodate traffic
in those markets;
(B) all possible efforts have been made to
accommodate the traffic by using the resources of the
air carriers, including the use of--
(i) foreign aircraft, or sections of foreign
aircraft, under lease or charter to the air
carriers; and
(ii) the air carriers' reservations systems
to the extent practicable;
(C) the exemption is necessary to avoid unreasonable
hardship for the traffic in the markets that cannot be
accommodated by the air carriers; and
(D) granting the exemption will not result in an
unreasonable advantage to any party in a labor dispute
where the inability to accommodate traffic in a market
is a result of the dispute.
(2) When the Secretary grants an exemption to a foreign air
carrier under this subsection, the Secretary shall--
(A) ensure that air transportation that the foreign
air carrier provides under the exemption is made
available on reasonable terms;
(B) monitor continuously the passenger load factor of
air carriers in the market that hold certificates under
section 41102 of this title; and
(C) review the exemption at least every 30 days to
ensure that the unusual circumstances that established
the need for the exemption still exist.
(3) The Secretary may renew an exemption (including renewals)
under this subsection for not more than 30 days. An exemption
may continue for not more than 5 days after the unusual
circumstances that established the need for the exemption
cease.
(h) Notice and Opportunity for Hearing.--The Secretary may
act under subsections (d) and (f)(3)(B) of this section only
after giving the air carrier notice and an opportunity for a
hearing.
* * * * * * *
subpart iii--safety
chapter 443. insurance
Sec. 44301. Definitions
In this chapter--
(1) ``American aircraft'' means--
(A) a civil aircraft of the United States;
and
(B) an aircraft owned or chartered by, or
made available to--
(i) the United States Government; or
(ii) a State, the District of
Columbia, a territory or possession of
the United States, or a political
subdivision of the State, territory, or
possession.
(2) ``insurance carrier'' means a person authorized
to do aviation insurance business in a State, including
a mutual or stock insurance company and a reciprocal
insurance association.
Sec. 44302. General authority
(a) Insurance and Reinsurance.--(1) Subject to subsection (c)
of this section and section 44305(a) of this title, the
Secretary of Transportation may provide insurance and
reinsurance against loss or damage arising out of any risk from
the operation of an American aircraft or foreign-flag aircraft.
(2) An aircraft may be insured or reinsured for not more than
its reasonable value as determined by the Secretary in
accordance with reasonable business practices in the commercial
aviation insurance industry. Insurance or reinsurance may be
provided only when the Secretary decides that the insurance
cannot be obtained on reasonable terms from an insurance
carrier.
(b) Reimbursement of Insurance Cost Increases.--
(1) In general.--The Secretary may reimburse an air
carrier for the increase in the cost of insurance, with
respect to a premium for coverage ending before October
1, 2002, against loss or damage arising out of any risk
from the operation of an American aircraft over the
insurance premium that was in effect for a comparable
operation during the period beginning September 4,
2001, and ending September 10, 2001, as the Secretary
may determine. Such reimbursement is subject to
subsections (a)(2), (c), and (d) of this section and to
section 44303.
(2) Payment from revolving fund.--A reimbursement
under this subsection shall be paid from the revolving
fund established by section 44307.
(3) Further conditions.--The Secretary may impose
such further conditions on insurance for which the
increase in premium is subject to reimbursement under
this subsection as the Secretary may deem appropriate
in the interest of air commerce.
(4) Termination of authority.--The authority to
reimburse air carriers under this subsection shall
expire 180 days after the date of enactment of this
paragraph.
(c) Presidential Approval.--The Secretary may provide
insurance or reinsurance under subsection (a) of this section,
or reimburse an air carrier under subsection (b) of this
section, only with the approval of the President. The President
may approve the insurance or reinsurance or the reimbursement
only after deciding that the continued operation of the
American aircraft or foreign-flag aircraft to be insured or
reinsured is necessary in the interest of air commerce or
national security or to carry out the foreign policy of the
United States Government.
(d) Consultation.--The President may require the Secretary to
consult with interested departments, agencies, and
instrumentalities of the Government before providing insurance
or reinsurance or reimbursing an air carrier under this
chapter.
(e) Additional Insurance.--With the approval of the
Secretary, a person having an insurable interest in an aircraft
may insure with other underwriters in an amount that is more
than the amount insured with the Secretary. However, the
Secretary may not benefit from the additional insurance. This
subsec tion does not prevent the Secretary from making
contracts of coinsurance.
(f) War Risk Insurance.--
(1) In general.--Not later than 30 days after the
date of enactment of the Aviation Security Improvement
Act, the Secretary shall--
(A) extend for 270 days from such date of
enactment the termination date of any aviation
war risk insurance policies the Department
issued that were in effect on such date of
enactment on terms that are no less favorable
than the terms of those policies as the
policies were in effect on June 19, 2002; and
(B) offer to amend each policy the term of
which is extended to provide coverage for
losses or injuries to hull, passengers, and
crew, in addition to coverage for injury to
third parties (with respect to both persons and
property), on such terms and conditions as the
Secretary may prescribe, at an additional
premium comparable to the premium charged for
the third-party casualty coverage under
existing Federal Aviation Administration
policies.
(2) Report.--Not later than 90 days after the date of
enactment of the Aviation Security Improvement Act, the
Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that--
(A) evaluates the availability of war risk
insurance for air carriers and other aviation
entities for passengers and third parties;
(B) analyzes the economic effect upon air
carriers and other aviation entities of
available war risk insurance; and
(C) describes the manner in which the
Department could provide an alternative means
of providing aviation war risk reinsurance
covering passengers, crew, and third parties
through use of a risk-retention group or by
other means.
* * * * * * *
CHAPTER 445. FACILITIES, PERSONNEL, AND RESEARCH
* * * * * * *
Sec. 44503. Reducing nonessential expenditures
The Secretary of Transportation shall attempt to reduce the
capital, operating, maintenance, and administrative costs of
the national airport and airway system to the maximum extent
practicable consistent with the highest degree of aviation
safety. At least annually, the Secretary shall consult with and
consider the recommendations of users of the system on ways to
reduce nonessential expenditures of the United States
Government for aviation. The Secretary shall give particular
attention to a recommendation that may reduce, with no adverse
effect on safety, future personnel requirements and costs to
the Government required to be recovered from user charges.
* * * * * * *
CHAPTER 449. SECURITY
Sec. 44901. Screening passengers and property
(a) In General.--The Under Secretary of Transportation for
Security 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 a passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation. In the case of flights and flight segments
originating in the United States, the screening shall take
place before boarding and shall be carried out by a Federal
Government employee (as defined in section 2105 of title 5,
United States Code), or, in the case of United States mail, by
an officer or employee of the United States Postal Service
under standards and procedures established by the Under
Secretary, except as otherwise provided in section 44919 or
44920 and except for identifying passengers and baggage for
screening under the CAPPS and known shipper programs and
conducting positive bag-match programs.
(b) Supervision of Screening.--All screening of passengers
and property at airports in the United States where screening
is required under this section shall be supervised by uniformed
Federal personnel of the Transportation Security Administration
who shall have the power to order the dismissal of any
individual performing such screening.
(c) Checked Baggage.--A system must be in operation to screen
all checked baggage at all airports in the United States as
soon as practicable but not later than the 60th day following
the date of enactment of the Aviation and Transportation
Security Act.
(d) Explosive Detection Systems.--
(1) \1\ In general.--The Under Secretary of
Transportation for Security shall take all necessary
action to ensure that--
---------------------------------------------------------------------------
\1\ Subsection (d) was enacted without including a paragraph (2).
---------------------------------------------------------------------------
(A) explosive detection systems are deployed
as soon as possible to ensure that all United
States airports described in section 44903(c)
have sufficient explosive detection systems to
screen all checked baggage no later than
December 31, 2002, and that as soon as such
systems are in place at an airport, all checked
baggage at the airport is screened by those
systems; and
(B) all systems deployed under subparagraph
(A) are fully utilized; and
(C) if explosive detection equipment at an
airport is unavailable, all checked baggage is
screened by an alternative means.
(2) Deadline.--
(A) In general.--If the Under Secretary of
Transportation for Security determines that the
Transportation Security Administration is not
able to deploy explosive detection systems
required to be deployed under paragraph (1) at
all airports where explosive detection systems
are required by December 31, 2002, then with
respect to each airport for which the Under
Secretary makes that determination--
(i) the Under Secretary shall submit
to the Senate Committee on Commerce,
Science, and Transportation and the
House of Representatives Committee on
Transportation and Infrastructure a
detailed plan (which may be submitted
in classified form) for the deployment
of the number of explosive detection
systems at that airport necessary to
meet the requiremens of paragraph (1)
as soon as practicable at that airport;
and
(ii) the Under Secretary shall take
all necessary action to ensure that
alternative means of screening all
checked baggage is implemented until
the requirements of paragraph (1) have
been met.
(B) Criteria for determination.--In making a
determination under subparagraph (A), the Under
Secretary shall take into account--
(i) the nature and extent of the
required modifications to the airport's
terminal buildings, and the technical,
engineering, design and construction
issues;
(ii) the need to ensure that such
installations and modifications are
effective; and
(iii) the feasibility and cost-
effectiveness of deploying explosive
detection systems in the baggage
sorting area or other non-public area
rather than the lobby of an airport
terminal building.
(C) Limitation.--The Under Secretary may not
make a determination under subparagraph (A) in
the case of more than 40 airports.
(D) Airport effort required.--Each airport
with respect to which the Under Secretary makes
a determination under subparagraph (A) shall--
(i) cooperate fully with the
Transportation Security Administration
with respect to screening checked
baggage and changes to accommodate
explosive detection systems; and
(ii) make security projects a
priority for the obligation or
expenditure of funds made available
under chapter 417 or 471 until
explosive detection systems required to
be deployed under paragraph (1) have
been deployed at that airport.
(3) Reports.--
(A) In general.--Until the Transportation
Security Administration has met the
requirements of paragraph (1), the Under
Secretary shall submit a classified report
every 30 days after the date of enactment of
the Aviation Security Improvement Act to the
Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure
describing the progress made toward meeting
such requirements at each airport.
(B) Limit on number of reports.--The Under
Secretary shall submit reports for each airport
until the requirements of paragraph (1) have
been met, but may not submit more than 12
reports for any airport.
(e) Mandatory Screening Where EDS Not Yet Available.--As soon
as practicable but not later than the 60th day following the
date of enactment of the Aviation and Transportation Security
Act and until the requirements of [subsection (b)(1)(A)]
subsection (d)(1)(A) are met, the Under Secretary shall require
alternative means for screening any piece of checked baggage
that is not screened by an explosive detection system. Such
alternative means may include 1 or more of the following:
(1) A bag-match program that ensures that no checked
baggage is placed aboard an aircraft unless the
passenger who checked the baggage is aboard the
aircraft.
(2) Manual search.
(3) Search by canine explosive detection units in
combination with other means.
(4) Other means or technology approved by the Under
Secretary.
[(f) Cargo Deadline.--A system must be in operation to
screen, inspect, or otherwise ensure the security of all cargo
that is to be transported in all-cargo aircraft in air
transportation and intrastate air transportation as soon as
practicable after the date of enactment of the Aviation and
Transportation Security Act.]
(f) Cargo.--
(1) In general.--The Under Secretary of
Transportation for Security shall establish a system
systems to screen, inspect, or otherwise ensure the
security of all cargo that is to be transported in--
(A) passenger aircraft operated by an air
carrier or foreign air carrier in air
transportation or intrastate air
transportation; or
(B) all-cargo aircraft in air transportation
and intrastate air transportation.
(2) Strategic plan.--The Under Secretary shall
develop a strategic plan to carry out paragraph (1).
(g) Deployment of Armed Personnel.--
(1) In general.--The Under Secretary 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] The Under Secretary 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 Under Secretary
shall order the deployment of additional law
enforcement personnel at airport security screening
locations if the Under Secretary determines that the
additional deployment is necessary to ensure passenger
safety and national security.
(h) Exemptions and Advising Congress on Regulations.--The
Under Secretary--
(1) may exempt from this section air transportation
operations, except scheduled passenger operations of an
air carrier providing air transportation under a
certificate issued under section 41102 of this title or
a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be
prescribed under this section at least 30 days before
the effective date of the regulation, unless the Under
Secretary decides an emergency exists requiring the
regulation to become effective in fewer than 30 days
and notifies Congress of that decision.
* * * * * * *
Sec. 44903. Air transportation security
(a) Definition.--In this section, ``law enforcement
personnel'' means individuals--
(1) authorized to carry and use firearms;
(2) vested with the degree of the police power of
arrest the Under Secretary of Transportation for
Security considers necessary to carry out this section;
and
(3) identifiable by appropriate indicia of authority.
(b) Protection Against Violence and Piracy.--The Under
Secretary shall prescribe regulations to protect passengers and
property on an aircraft operating in air transportation or
intrastate air transportation against an act of criminal
violence or aircraft piracy. When prescribing a regulation
under this subsection, the Under Secretary shall--
(1) consult with the Secretary of Transportation, the
Attorney General, the heads of other departments,
agencies, and instrumentalities of the United States
Government, and State and local authorities;
(2) consider whether a proposed regulation is
consistent with--
(A) protecting passengers; and
(B) the public interest in promoting air
transportation and intrastate air
transportation;
(3) to the maximum extent practicable, require a
uniform procedure for searching and detaining
passengers and property to ensure--
(A) their safety; and
(B) courteous and efficient treatment by an
air carrier, an agent or employee of an air
carrier, and Government, State, and local law
enforcement personnel carrying out this
section; and
(4) consider the extent to which a proposed
regulation will carry out this section.
(c) Security Programs.--(1) The Under Secretary shall
prescribe regulations under subsection (b) of this section that
require each operator of an airport regularly serving an air
carrier holding a certificate issued by the Secretary of
Transportation to establish an air transportation security
program that provides a law enforcement presence and capability
at each of those airports that is adequate to ensure the safety
of passengers. The regulations shall authorize the operator to
use the services of qualified State, local, and private law
enforcement personnel. When the Under Secretary decides, after
being notified by an operator in the form the Under Secretary
prescribes, that not enough qualified State, local, and private
law enforcement personnel are available to carry out subsection
(b), the Under Secretary may authorize the operator to use, on
a reimbursable basis, personnel employed by the Under
Secretary, or by another department, agency, or instrumentality
of the Government with the consent of the head of the
department, agency, or instrumentality, to supplement State,
local, and private law enforcement personnel. When deciding
whether additional personnel are needed, the Under Secretary
shall consider the number of passengers boarded at the airport,
the extent of anticipated risk of criminal violence or aircraft
piracy at the airport or to the air carrier aircraft operations
at the airport, and the availability of qualified State or
local law enforcement personnel at the airport.
(2)(A) The Under Secretary may approve a security program of
an airport operator, or an amendment in an existing program,
that incorporates a security program of an airport tenant
(except an air carrier separately complying with part 108 or
129 of title 14, Code of Federal Regulations) having access to
a secured area of the airport, if the program or amendment
incorporates--
(i) the measures the tenant will use, within the
tenant's leased areas or areas designated for the
tenant's exclusive use under an agreement with the
airport operator, to carry out the security
requirements imposed by the Under Secretary on the
airport operator under the access control system
requirements of section 107.14 of title 14, Code of
Federal Regulations, or under other requirements of
part 107 of title 14; and
(ii) the methods the airport operator will use to
monitor and audit the tenant's compliance with the
security requirements and provides that the tenant will
be required to pay monetary penalties to the airport
operator if the tenant fails to carry out a security
requirement under a contractual provision or
requirement imposed by the airport operator.
(B) If the Under Secretary approves a program or amendment
described in subparagraph (A) of this paragraph, the airport
operator may not be found to be in violation of a requirement
of this subsection or subsection (b) of this section when the
airport operator demonstrates that the tenant or an employee,
permittee, or invitee of the tenant is responsible for the
violation and that the airport operator has complied with all
measures in its security program for securing compliance with
its security program by the tenant.
(C) Maximum use of chemical and biological
weapon detection equipment.--The Secretary of
Transportation may require airports to maximize
the use of technology and equipment that is
designed to detect or neutralize potential
chemical or biological weapons.
(3) Pilot programs.--The [Administrator] Under
Secretary 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.
(d) Authorizing Individuals To Carry Firearms and Make
Arrests.--With the approval of the Attorney General and the
Secretary of State, the Secretary of Transportation may
authorize an individual who carries out air transportation
security duties--
(1) to carry firearms; and
(2) to make arrests without warrant for an offense
against the United States committed in the presence of
the individual or for a felony under the laws of the
United States, if the individual reasonably believes
the individual to be arrested has committed or is
committing a felony.
(e) Exclusive Responsibility Over Passenger Safety.--The
Under Secretary has the exclusive responsibility to direct law
enforcement activity related to the safety of passengers on an
aircraft involved in an offense under section 46502 of this
title from the moment all external doors of the aircraft are
closed following boarding until those doors are opened to allow
passengers to leave the aircraft. When requested by the Under
Secretary, other departments, agencies, and instrumentalities
of the Government shall provide assistance necessary to carry
out this subsection.
(f) Government and Industry Consortia.--The Under Secretary
may establish at airports such consortia of government and
aviation industry representatives as the Under Secretary may
designate to provide advice on matters related to aviation
security and safety. Such consortia shall not be considered
Federal advisory committees for purposes of the Federal
Advisory Committee Act (5 U.S.C. App.).
(g) Improvement of Secured-Area Access Control.--
(1) Enforcement.--
(A) Under Secretary to publish sanctions.--
The Under Secretary shall publish in the
Federal Register a list of sanctions for use as
guidelines in the discipline of employees for
infractions of airport access control
requirements. The guidelines shall incorporate
a progressive disciplinary approach that
relates proposed sanctions to the severity or
recurring nature of the infraction and shall
include measures such as remedial training,
suspension from security-related duties,
suspension from all duties without pay, and
termination of employment.
(B) Use of sanctions.--Each airport operator,
air carrier, and security screening company
shall include the list of sanctions published
by the Under Secretary in its security program.
The security program shall include a process
for taking prompt disciplinary action against
an employee who commits an infraction of
airport access control requirements.
(2) Improvements.--The Under Secretary shall--
(A) work with airport operators and air
carriers to implement and strengthen existing
controls to eliminate airport access control
weaknesses;
(B) require airport operators and air
carriers to develop and implement comprehensive
and recurring training programs that teach
employees their roles in airport security, the
importance of their participation, how their
performance will be evaluated, and what action
will be taken if they fail to perform;
(C) require airport operators and air
carriers to develop and implement programs that
foster and reward compliance with airport
access control requirements and discourage and
penalize noncompliance in accordance with
guidelines issued by the Under Secretary to
measure employee compliance;
(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;
(E) improve and better administer the Under
Secretary's security database to ensure its
efficiency, reliability, and usefulness for
identification of systemic problems and
allocation of resources;
(F) improve the execution of the Under
Secretary's quality control program; and
(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.
(h) Improved Airport Perimeter Access Security.--
(1) In general.--The Under Secretary, 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 Under 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.
(3) Deployment of federal law enforcement
personnel.--The Secretary 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.
(4) Airport perimeter screening.--The Under
Secretary--
(A) shall require, as soon as practicable
after the date of enactment of this subsection,
screening or inspection of all individuals,
goods, property, vehicles, and other equipment
before entry into a secured area of an airport
in the United States described in section
44903(c);
(B) shall prescribe specific requirements for
such screening and inspection that will assure
at least the same level of protection as will
result from screening of passengers and their
baggage;
(C) shall establish procedures to ensure the
safety and integrity of--
(i) all persons providing services
with respect to aircraft providing
passenger air transportation or
intrastate air transportation and
facilities of such persons at an
airport in the United States described
in section 44903(c);
(ii) all supplies, including catering
and passenger amenities, placed aboard
such aircraft, including the sealing of
supplies to ensure easy visual
detection of tampering; and
(iii) all persons providing such
supplies and facilities of such
persons;
(D) shall require vendors having direct
access to the airfield and aircraft to develop
security programs; and
(E) may provide for the use of biometric or
other technology that positively verifies the
identity of each employee and law enforcement
officer who enters a secure area of an airport.
[(h)] (i) 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.
[(i)] (j) Short-Term Assessment and Deployment of Emerging
Security Technologies and Procedures.--
(1) In general.--The Under Secretary of
Transportation for Security shall recommend to airport
operators, within 6 months after the date of enactment
of the Aviation and Transportation Security Act,
commercially available measures or procedures to
prevent access to secure airport areas by unauthorized
persons. As part of the 6-month assessment, the [Under
Secretary for Transportation Security] Under Secretary
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) Computer-assisted passenger prescreening
system.--
(A) In general.--The Secretary of
Transportation shall ensure that the Computer-
Assisted Passenger Prescreening System, or any
successor system--
(i) is used to evaluate all
passengers before they board an
aircraft; and
(ii) includes procedures to ensure
that individuals selected by the system
and their carry-on and checked baggage
are adequately screened.
(B) Modifications.--The Secretary of
Transportation may modify any requirement under
the Computer-Assisted Passenger Prescreening
System for flights that originate and terminate
within the same State, if the Secretary
determines that--
(i) the State has extraordinary air
transportation needs or concerns due to
its isolation and dependence on air
transportation; and
(ii) the routine characteristics of
passengers, given the nature of the
market, regularly triggers primary
selectee status.
[(h)] (k) Limitation on Liability for Acts To Thwart Criminal
Violence or Aircraft Piracy.--An individual shall not be liable
for damages in any action brought in a Federal or State court
arising out of the acts of the individual in attempting to
thwart an act of criminal violence or piracy on an aircraft if
that individual reasonably believed that such an act of
criminal violence or piracy was occurring or was about to
occur.
Sec. 44909. Passenger manifests
(a) Air Carrier Requirements.--(1) [Not later than March 16,
1991, the] The Secretary of Transportation shall require each
air carrier to provide a passenger manifest for a flight to an
appropriate representative of the Secretary of State--
(A) not later than one hour after that carrier is
notified of an aviation disaster outside the United
States involving that flight; or
(B) if it is not technologically feasible or
reasonable to comply with clause (A) of this paragraph,
then as expeditiously as possible, but not later than 3
hours after the carrier is so notified.
(2) The passenger manifest should include the following
information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if
required for travel.
(C) the name and telephone number of a contact for
each passenger.
(3) In carrying out this subsection, the Secretary of
Transportation shall consider the necessity and feasibility of
requiring air carriers to collect passenger manifest
information as a condition for passengers boarding a flight of
the carrier.
(b) Foreign Air Carrier Requirements.--The Secretary of
Transportation shall consider imposing a requirement on foreign
air carriers comparable to that imposed on air carriers under
subsection (a)(1) and (2) of this section.
(c) Flights in Foreign Air Transportation to the United
States.--
(1) In general.--Not later than 60 days after the
date of enactment of the Aviation and Transportation
Security Act, each air carrier and foreign air carrier
operating a passenger flight in foreign air
transportation to the United States shall provide to
the Commissioner of Customs by electronic transmission
a passenger and crew manifest containing the
information specified in paragraph (2). Carriers may
use the advanced passenger information system
established under section 431 of the Tariff Act of 1930
(19 U.S.C. 1431) to provide the information required by
the preceding sentence.
(2) Information.--A passenger and crew manifest for a
flight required under paragraph (1) shall contain the
following information:
(A) The full name of each passenger and crew
member.
(B) The date of birth and citizenship of each
passenger and crew member.
(C) The sex of each passenger and crew
member.
(D) The passport number and country of
issuance of each passenger and crew member if
required for travel.
(E) The United States visa number or resident
alien card number of each passenger and crew
member, as applicable.
(F) Such other information as the Under
Secretary of Transportation for Security, in
consultation with the Commissioner of Customs,
determines is reasonably necessary to ensure
aviation safety.
(3) Passenger name records.--The carriers shall make
passenger name record information available to the
Customs Service upon request.
(4) Transmission of manifest.--Subject to paragraph
(5), a passenger and crew manifest required for a
flight under paragraph (1) shall be transmitted to the
Customs Service in advance of the aircraft landing in
the United States in such manner, time, and form as the
Customs Service prescribes.
(5) Transmission of manifests to other federal
agencies.--Upon request, information provided to the
Under Secretary or the Customs Service under this
subsection may be shared with other Federal agencies
for the purpose of protecting national security.
* * * * *
Sec. 44921. Regular inspections of air cargo shipping facilities
The Under Secretary of Transportation for Security shall
establish a system for the regular inspection of shipping
facilities for shipments of cargo transported in air
transportation or intrastate air transportation to ensure that
appropriate security controls, systems, and protocols are
observed, and shall enter into arrangements with the civil
aviation authorities, or other appropriate officials, of
foreign countries to ensure that inspections are conducted on a
regular basis at shipping facilities for cargo transported in
air transportation to the United States.
Sec. 44922. Air cargo security
(a) Database.--The Under Secretary of Transportation for
Security shall establish an industry-wide pilot program
database of known shippers of cargo that is to be transported
in passenger aircraft operated by an air carrier or foreign air
carrier in air transportation or intrastate air transportation.
The Under Secretary shall use the results of the pilot program
to improve the known shipper program.
(b) Indirect air carriers.--
(1) Random inspections.--The Under Secretary shall
conduct random audits, investigations, and inspections
of indirect air carrier facilities to determine if the
indirect air carriers are meeting the security
requirements of this title.
(2) Ensuring compliance.--The Under Secretary may
take such actions as may be appropriate to promote and
ensure compliance with the security standards
established under this title.
(3) Notice of failures.--The Under Secretary shall
notify the Secretary of Transportation of any indirect
air carrier that fails to meet security standards
established under this title.
(4) Suspension or revocation of certificate.--The
Secretary, as appropriate, shall suspend or revoke any
certificate or authority issued under chapter 411 to an
indirect air carrier immediately upon the
recommendation of the Under Secretary. Any indirect air
carrier whose certificate is suspended or revoked under
this subparagraph may appeal the suspension or
revocation in accordance with procedures established
under this title for the appeal of suspensions and
revocations.
(5) Indirect air carrier.--In this subsection, the
term ``indirect air carrier'' has the meaning given
that term in part 1548 of title 49, Code of Federal
Regulations.
Sec. 44923. Passenger identification
(a) In General.--Not later than 180 days after the date of
enactment of the Aviation Security Improvement Act, the Under
Secretary of Transportation for Security, in consultation with
the Administrator of the Federal Aviation Administration,
appropriate law enforcement, security, and terrorism experts,
representatives of air carriers and labor organizations
representing individuals employed in commercial aviation, shall
develop protocols to provide guidance for detection of false or
fraudulent passenger identification. The protocols may consider
new technology, current identification measures, training of
personnel, and issues related to the types of identification
available to the public.
(b) Air Carrier Programs.--Within 60 days after the Under
Secretary issues the protocols under subsection (a) in final
form, the Under Secretary shall provide them to each air
carrier. The Under Secretary shall establish a joint government
and industry council to develop recommendations on how to
implement the protocols. The Under Secretary shall report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure within 1 year after the date of enactment of
the Aviation Security Improvement Act on the actions taken
under this section.
Sec. 44924. Passenger identification verification
(a) Program Required.--The Under Secretary of Transportation
for Security may establish and carry out a program to require
the installation and use at airports in the United States of
such identification verification technologies as the Under
Secretary considers appropriate to assist in the screening of
passengers boarding aircraft at such airports.
(b) Technologies Employed.--The identification verification
technologies required as part of the program under subsection
(a) may include identification scanners, biometrics, retinal,
iris, or facial scanners, or any other technologies that the
Under Secretary considers appropriate for purposes of the
program.
(c) Commencement.--If the Under Secretary determines that the
implementation of such a program is appropriate, the
installation and use of identification verification
technologies under the program shall commence as soon as
practicable after the date of that determination.
* * * * * * *
Sec. 44935. Employment standards and training
(a) Employment Standards.--The Under Secretary of
Transportation for Security shall prescribe standards for the
employment and continued employment of, and contracting for,
air carrier personnel and, as appropriate, airport security
personnel. The standards shall include--
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when
appropriate.
(b) Review and Recommendations.--In coordination with air
carriers, airport operators, and other interested persons, the
Under Secretary shall review issues related to human
performance in the aviation security system to maximize that
performance. When the review is completed, the Under Secretary
shall recommend guidelines and prescribe appropriate changes in
existing procedures to improve that performance.
(c) Security Program Training, Standards, and
Qualifications.--(1) The Under Secretary--
(A) may train individuals employed to carry out a
security program under section 44903(c) of this title;
and
(B) shall prescribe uniform training standards and
uniform minimum qualifications for individuals eligible
for that training.
(2) The Under Secretary may authorize reimbursement for
travel, transportation, and subsistence expenses for security
training of non-United States Government domestic and foreign
individuals whose services will contribute significantly to
carrying out civil aviation security programs. To the extent
practicable, air travel reimbursed under this paragraph shall
be on air carriers.
(d) Education and Training Standards for Security
Coordinators, Supervisory Personnel, and Pilots.--(1) The Under
Secretary shall prescribe standards for educating and
training--
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security
coordinators.
(2) The standards shall include initial training, retraining,
and continuing education requirements and methods. Those
requirements and methods shall be used annually to measure the
performance of ground security coordinators and security
supervisory personnel.
(e) Security Screeners.--
(1) Training program.--The Under Secretary of
Transportation for Security shall establish a program
for the hiring and training of security screening
personnel.
(2) Hiring.--
(A) Qualifications.--Within 30 days after the
date of enactment of the Aviation and
Transportation Security Act, the Under
Secretary shall establish qualification
standards for individuals to be hired by the
United States as security screening personnel.
Notwithstanding any provision of law, those
standards shall require, at a minimum, an
individual--
(i) to have a satisfactory or better
score on a Federal security screening
personnel selection examination;
(ii) to be a citizen of the United
[States;] States or described in
subparagraph (C);
(iii) to meet, at a minimum, the
requirements set forth in subsection
(f);
(iv) to meet such other
qualifications as the Under Secretary
may establish; and
(v) to have the ability to
demonstrate daily a fitness for duty
without any impairment due to illegal
drugs, sleep deprivation, medication,
or alcohol.
(B) Background checks.--The Under Secretary
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) Other individuals.--An individual is
described in this subparagraph if that
individual--
(i) is 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)));
(ii) was born in a territory of the
United States;
(iii) was honorably discharged from
service in the Armed Forces of the
United States; or
(iv) is an alien lawfully admitted
for permanent residence, as defined in
section 101(a)(20) of the Immigration
and Nationality Act and was employed to
perform security screening services at
an airport in the United States on the
date of enactment of the Aviation and
Transportation Security Act (Public Law
107-71).
[(C)] (D) Disqualification of individuals who
present national security risks.--The Under
Secretary, 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 Under
Secretary shall develop a security screening personnel
examination for use in determining the qualification of
individuals seeking employment as security screening
personnel. The Under Secretary 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, an individual may not be deployed 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 Under Secretary has
determined to be sufficient for 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 Under Secretary.
(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 an
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 (3).
(2) Veterans preference.--The Under Secretary shall
provide a preference for the hiring of an individual as
a security screener if the individual is a member or
former member of the armed forces and if the individual
is entitled, under statute, to retired, retirement, or
retainer pay on account of service as a member of the
armed forces.
(3) Exceptions.--An individual who has not completed
the training required by this section may be deployed
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.
(4) 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.
(5) Annual proficiency review.--The Under Secretary
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.
(6) Operational testing.--In addition to the annual
proficiency review conducted under paragraph (5), the
Under Secretary shall provide for the operational
testing of such personnel.
(g) Training.--
(1) Use of other agencies.--The Under Secretary may
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.--Within 60 days after the date of
enactment of the Aviation and Transportation Security
Act, the Under Secretary shall develop a plan for the
training of security screening personnel. The plan
shall require, at a minimum, that a security screener--
(A) has completed 40 hours of classroom
instruction or successfully completed a program
that the Under Secretary 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
instructions; and
(C) has successfully completed an on-the-job
training examination prescribed by the Under
Secretary.
(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.--
(1) In general.--The Under Secretary 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.
(2) Periodic assessments.--The Under Secretary shall
make periodic assessments to determine if there are
dual use items and inform security screening personnel
of the existence of such items.
(3) Current lists of dual use items.--Current lists
of dual use items shall be part of the ongoing training
for screeners.
(4) Dual use defined.--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.
(i) Limitation on Right To Strike.--An individual that
screens passengers or property, or both, at an airport under
this section may not participate in a strike, or assert the
right to strike, against the person (including a governmental
entity) employing such individual to perform such screening.
(j) Uniforms.--The Under Secretary shall require any
individual who screens passengers and property pursuant to
section 44901 to be attired while on duty in a uniform approved
by the Under Secretary.
[(i)] (k) Accessibility of Computer-Based Training
Facilities.--The Under Secretary shall work with air carriers
and airports to ensure that computer-based training facilities
intended for use by security screeners at an airport regularly
serving an air carrier holding a certificate issued by the
Secretary of Transportation are conveniently located for that
airport and easily accessible.
Sec. 44936. Employment investigations and restrictions
(a) Employment Investigation Requirement.--(1)(A) The Under
Secretary of Transportation for Security shall require by
regulation that an employment investigation, including a
criminal history record check and a review of available law
enforcement data bases and records of other governmental and
international agencies to the extent determined practicable by
the Under Secretary of Transportation for [Transportation
Security,,] Security, shall be conducted of each individual
employed in, or applying for, a position as a security screener
under section 44935(e) or a position in which the individual
has unescorted access, or may permit other individuals to have
unescorted access, to--
(i) aircraft of an air carrier or foreign air
carrier; or
(ii) a secured area of an airport in the United
States the Under Secretary designates that serves an
air carrier or foreign air carrier.
(B) The Under Secretary shall require by regulation that an
employment investigation (including a criminal history record
check and a review of available law enforcement data bases and
records of other governmental and international agencies to the
extent determined practicable by the [Under Secretary of
Transportation for Transportation Security] Under Secretary) be
conducted for--
(i) individuals who are responsible for screening
passengers or property under section 44901 of this
title;
(ii) supervisors of the individuals described in
clause (i);
(iii) individuals who regularly have escorted access
to aircraft of an air carrier or foreign air carrier or
a secured area of an airport in the United States the
Administrator designates that serves an air carrier or
foreign air carrier; and
(iv) such other individuals who exercise security
functions associated with baggage or cargo, as the
Under Secretary determines is necessary to ensure air
transportation security.
(C) Background checks of current employees.--
(i) A new 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
to the extent determined practicable by
the [Under Secretary of Transportation
for Transportation Security] Under
Secretary shall be required for any
individual who is employed in a
position described in subparagraphs (A)
and (B) on the date of enactment of the
Aviation and Transportation Security
Act.
(ii) The Under Secretary may provide
by order (without regard to the
provisions of chapter 5 of title 5,
United States Code) for a phased-in
implementation of the requirements of
this subparagraph.
(D) Exemption.--An employment investigation,
including a criminal history record check,
shall not be required under this subsection for
an individual who is exempted under section
107.31(m)(1) or (2) of title 14, Code of
Federal Regulations, as in effect on November
22, 2000. The Under Secretary shall work with
the International Civil Aviation Organization
and with appropriate authorities of foreign
countries to ensure that individuals exempted
under this subparagraph do not pose a threat to
aviation or national security.
(2) An air carrier, foreign air carrier, airport operator, or
government that employs, or authorizes or makes a contract for
the services of, an individual in a position described in
paragraph (1) of this subsection shall ensure that the
investigation the Under Secretary requires is conducted.
(3) The Under Secretary shall provide for the periodic audit
of the effectiveness of criminal history record checks
conducted under paragraph (1) of this subsection.
(b) Prohibited Employment.--(1) Except as provided in
paragraph (3) of this subsection, an air carrier, foreign air
carrier, airport operator, or government may not employ, or
authorize or make a contract for the services of, an individual
in a position described in subsection (a)(1) of this section
if--
(A) the investigation of the individual required
under this section has not been conducted; or
(B) the results of that investigation establish that,
in the 10-year period ending on the date of the
investigation, the individual was convicted (or found
not guilty by reason of insanity) of--
(i) a crime referred to in section 46306,
46308, 46312, 46314, or 46315 or chapter 465 of
this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;
(viii) kidnapping;
(ix) unlawful possession, sale, distribution,
or manufacture of an explosive or weapon;
(x) extortion;
(xi) armed or felony unarmed robbery;
(xii) distribution of, or intent to
distribute, a controlled substance;
(xiii) a felony involving a threat;
(xiv) a felony involving--
(I) willful destruction of property;
(II) importation or manufacture of a
controlled substance;
(III) burglary;
(IV) theft;
(V) dishonesty, fraud, or
misrepresentation;
(VI) possession or distribution of
stolen property;
(VII) aggravated assault;
(VIII) bribery; and
(IX) illegal possession of a
controlled substance punishable by a
maximum term of imprisonment of more
than 1 year, or any other crime
classified as a felony that the Under
Secretary determines indicates a
propensity for placing contraband
aboard an aircraft in return for money;
or
(xv) conspiracy to commit any of the acts
referred to in clauses (i) through (xiv).
(2) The Under Secretary may specify other factors that are
sufficient to prohibit the employment of an individual in a
position described in subsection (a)(1) of this section.
(3) An air carrier, foreign air carrier, airport operator, or
government may employ, or authorize or contract for the
services of, an individual in a position described in
subsection (a)(1) of this section without carrying out the
investigation required under this section, if the Under
Secretary approves a plan to employ the individual that
provides alternate security arrangements.
(c) Fingerprinting and Record Check Information.--(1) If the
Under Secretary requires an identification and criminal history
record check, to be conducted by the Attorney General, as part
of an investigation under this section, the Under Secretary
shall designate an individual to obtain fingerprints and submit
those fingerprints to the Attorney General. The Attorney
General may make the results of a check available to an
individual the Under Secretary designates. Before designating
an individual to obtain and submit fingerprints or receive
results of a check, the Under Secretary shall consult with the
Attorney General. All Federal agencies shall cooperate with the
Under Secretary and the Under Secretary's designee in the
process of collecting and submitting fingerprints.
(2) The Under Secretary shall prescribe regulations on--
(A) procedures for taking fingerprints; and
(B) requirements for using information received from
the Attorney General under paragraph (1) of this
subsection--
(i) to limit the dissemination of the
information; and
(ii) to ensure that the information is used
only to carry out this section.
(3) If an identification and criminal history record check is
conducted as part of an investigation of an individual under
this section, the individual--
(A) shall receive a copy of any record received from
the Attorney General; and
(B) may complete and correct the information
contained in the check before a final employment
decision is made based on the check.
(d) Fees and Charges.--The Under Secretary and the Attorney
General shall establish reasonable fees and charges to pay
expenses incurred in carrying out this section. The employer of
the individual being investigated shall pay the costs of a
record check of the individual. Money collected under this
section shall be credited to the account in the Treasury from
which the expenses were incurred and are available to the Under
Secretary and the Attorney General for those expenses.
(e) When Investigation or Record Check Not Required.--This
section does not require an investigation or record check when
the investigation or record check is prohibited by a law of a
foreign country.
(f) Protection of Privacy of Applicants and Employees.--The
Under Secretary shall formulate and implement procedures that
are designed to prevent the transmission of information not
relevant to an applicant's or employee's qualifications for
unescorted access to secure areas of an airport when that
applicant or employee is undergoing a criminal history records
check.
* * * * * * *
Sec. 44939. Training to operate certain aircraft
(a) Waiting Period.--
(1) In general._A person subject to regulation under
this part may provide training in the operation of [any
aircraft having a maximum certificated takeoff weight
of 12,500 pounds or more] an aircraft to an alien (as
defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) or to any other
individual specified by the Under Secretary of
Transportation for Security only if--
[(1)] (A) that person has first notified the
Attorney General that the individual has
requested such training and furnished the
Attorney General with that individual's
identification in such form as the Attorney
General may require; and
[(2)] (B) the Attorney General has not
directed, within 45 days after being notified
under [paragraph (1),] subparagraph (A), that
person not to provide the requested training
because the Attorney General has determined
that the individual presents a risk to aviation
or national security.
(2) Exception.--The requirements of paragraph (1)
shall not apply to an alien who--
(A) has earned a Federal Aviation
Administration type rating in an aircraft; or
(B) holds a current pilot's license or
foreign equivalent commercial pilot's license
that permits the person to fly an aircraft with
a maximum certificated takeoff weight of more
than 12,500 pounds as defined by the
International Civil Aviation Organization in
Annex 1 to the Convention on International
Civil Aviation.
(b) Interruption of Training.--If the Attorney General, more
than 45 days after receiving notification under subsection (a)
from a person providing training described in subsection (a),
determines that the individual presents a risk to aviation or
national security, the Attorney General shall immediately
notify the person providing the training of the determination
and that person shall immediately terminate the training.
[(c) 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.]
(c) Covered Training.--
(1) In general.--For purposes of subsection (a),
training includes in-flight training, training in a
simulator, and any other form or aspect of training.
(2) Exception.--For the purposes of subsection (a),
training does not include classroom instruction (also
known as ground training), which may be provided to an
alien during the 45-day period applicable to the alien
under that subsection.
(d) Security Awareness Training for Employees.--The Under
Secretary shall require flight schools to conduct a security
awareness program for flight school employees to increase their
awareness of suspicious circumstances and activities of
individuals enrolling in or attending flight school.
Sec. 44940. Security service fee
(a) General Authority.--
(1) Passenger fees.--The Under Secretary of
Transportation for Security shall impose a uniform fee,
on passengers of air carriers and foreign air carriers
in air transportation and intrastate air transportation
originating at airports in the United States, to pay
for the following costs of providing civil aviation
security services:
(A) Salary, benefits, overtime, retirement
and other costs of screening personnel, their
supervisors and managers, and Federal law
enforcement personnel deployed at airport
security screening locations under section
44901.
(B) The costs of training personnel described
in subparagraph (A), and the acquisition,
operation, and maintenance of equipment used by
such personnel.
(C) The costs of performing background
investigations of personnel described in
subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals
program.
(E) The costs of performing civil aviation
security research and development under this
title.
(F) The costs of Federal Security Managers
under section 44903.
(G) The costs of deploying [Federal law
enforcement personnel pursuant to section
44903(h).] law enforcement personnel pursuant
to this title.
The amount of such costs shall be determined by the
Under Secretary and shall not be subject to judicial
review.
(2) Air carrier fees.--
(A) Authority.--In addition to the fee
imposed pursuant to paragraph (1), and only to
the extent that the Under Secretary estimates
that such fee will be insufficient to pay for
the costs of providing civil aviation security
services described in paragraph (1), the Under
Secretary may impose a fee on air carriers and
foreign air carriers engaged in air
transportation and intrastate air
transportation to pay for the difference
between any such costs and the amount collected
from such fee, as estimated by the Under
Secretary at the beginning of each fiscal year.
The estimates of the Under Secretary under this
subparagraph are not subject to judicial
review.
(B) Limitations.--
(i) Overall limit.--The amounts of
fees collected under this paragraph for
each fiscal year may not exceed, in the
aggregate, the amounts paid in calendar
year 2000 by carriers described in
subparagraph (A) for screening
passengers and property, as determined
by the Under Secretary.
(ii) Per-carrier limit.--The amount
of fees collected under this paragraph
from an air carrier described in
subparagraph (A) for each of fiscal
years 2002, 2003, and 2004 may not
exceed the amount paid in calendar year
2000 by that carrier for screening
passengers and property, as determined
by the Under Secretary.
(iii) Adjustment of per-carrier
limit.--For fiscal year 2005 and
subsequent fiscal years, the per-
carrier limitation under clause (ii)
may be determined by the Under
Secretary on the basis of market share
or any other appropriate measure in
lieu of actual screening costs in
calendar year 2000.
(iv) Finality of determinations.--
Determinations of the Under Secretary
under this subparagraph are not subject
to judicial review.
(C) Special rule for fiscal year 2002.--The
amount of fees collected under this paragraph
from any carrier for fiscal year 2002 may not
exceed the amounts paid by that carrier for
screening passengers and property for a period
of time in calendar year 2000 proportionate to
the period of time in fiscal year 2002 during
which fees are collected under this paragraph.
(b) Schedule of Fees.--In imposing fees under subsection (a),
the Under Secretary shall ensure that the fees are reasonably
related to the Transportation Security Administration's costs
of providing services rendered.
(c) Limitation on Fee.--Fees imposed under subsection (a)(1)
may not exceed $2.50 per enplanement in air transportation or
intrastate air transportation that originates at an airport in
the United States, except that the total amount of such fees
may not exceed $5.00 per one-way trip.
(d) Imposition of Fee.--
(1) In general.--Notwithstanding section 9701 of
title 31 and the procedural requirements of section 553
of title 5, the Under Secretary shall impose the fee
under subsection (a)(1), and may impose a fee under
subsection (a)(2), through the publication of notice of
such fee in the Federal Register and begin collection
of the fee within 60 days of the date of enactment of
this Act, or as soon as possible thereafter.
(2) Special rules for passenger fees.--A fee imposed
under subsection (a)(1) through the procedures under
subsection (d) shall apply only to tickets sold after
the date on which such fee is imposed. If a fee imposed
under subsection (a)(1) through the procedures under
subsection (d) on transportation of a passenger of a
carrier described in subsection (a)(1) is not collected
from the passenger, the amount of the fee shall be paid
by the carrier.
(3) Subsequent modification of fee.--After imposing a
fee in accordance with paragraph (1), the Under
Secretary may modify, from time to time through
publication of notice in the Federal Register, the
imposition or collection of such fee, or both.
[(4) Limitation on collection.--No fee may be
collected under this section except to the extent that
the expenditure of the fee to pay the costs of
activities and services for which the fee is imposed is
provided for in advance in an appropriations Act.]
(4) Fee collection.--Fees may be collected under this
section as provided in advance in appropriations Acts.
(e) Administration of Fees.--
(1) Fees payable to under secretary.--All fees
imposed and amounts collected under this section are
payable to the Under Secretary.
(2) Fees collected by air carrier.--A fee imposed
under subsection (a)(1) shall be collected by the air
carrier or foreign air carrier that sells a ticket for
transportation described in subsection (a)(1).
(3) Due date for remittance.--A fee collected under
this section shall be remitted on the last day of each
calendar month by the carrier collecting the fee. The
amount to be remitted shall be for the calendar month
preceding the calendar month in which the remittance is
made.
(4) Information.--The Under Secretary may require the
provision of such information as the Under Secretary
decides is necessary to verify that fees have been
collected and remitted at the proper times and in the
proper amounts.
(5) Fee not subject to tax.--For purposes of section
4261 of the Internal Revenue Code of 1986 (26 U.S.C.
4261), a fee imposed under this section shall not be
considered to be part of the amount paid for taxable
transportation.
(6) Cost of collecting fee.--No portion of the fee
collected under this section may be retained by the air
carrier or foreign air carrier for the costs of
collecting, handling, or remitting the fee except for
interest accruing to the carrier after collection and
before remittance.
(f) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any fee collected
under this section--
(1) shall be credited as offsetting collections to
the account that finances the activities and services
for which the fee is imposed;
(2) shall be available for expenditure only to pay
the costs of activities and services for which the fee
is imposed; and
(3) shall remain available until expended.
(g) Refunds.--The Under Secretary may refund any fee paid by
mistake or any amount paid in excess of that required.
(h) Exemptions.--The Under Secretary may exempt from the
passenger fee imposed under subsection (a)(1) any passenger
enplaning at an airport in the United States that does not
receive screening services under section 44901 for that segment
of the trip for which the passenger does not receive screening.
Sec. 44942. Performance goals and objectives
(a) Short Term Transition.--
(1) In general.--Within 180 days after the date of
enactment of the Aviation and Transportation Security
Act, the [Under Secretary for Transportation Security]
Under Secretary of Transportation for Security may, 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 Transportation
Security Administration, 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)] (1) Performance plan.--
[(i)] (A) Each year, consistent with the
requirements of the Government Performance and
Results Act of 1993 (GPRA), the Secretary and
the [Under Secretary for Transportation
Security] Under Secretary 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)] (B) In addition to meeting the
requirements of GPRA, the performance plan
should clarify the responsibilities of the
Secretary, the Under 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.
[(B)] (2) Performance report.--Each year, consistent
with the requirements of GPRA, the Under 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.
Sec. 44943. Performance management system
(a) Establishing a Fair and Equitable System for Measuring
Staff Performance.--The [Under Secretary for Transportation
Security] Under Secretary of Transportation for 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) In general.--Each year, the Secretary and Under
Secretary of Transportation for Security shall enter
into an annual performance agreement that shall set
forth organizational and individual performance goals
for the Under Secretary.
(2) Goals.--Each year, the Under Secretary and each
senior manager who reports to the Under Secretary 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 Under Secretary shall enter into an annual
performance agreement that sets forth organization and
individual goals for those employees.
(c) Performance-Based Service Contracting.--To the extent
contracts, if any, are used to implement the Aviation and
Transportation Security Act, the [Under Secretary for
Transportation Security] Under Secretary 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. 44944. Voluntary provision of emergency services
(a) Program for Provision of Voluntary Services.--
(1) Program.--The [Under Secretary of Transportation
for Transportation Security] Under Secretary of
Transportation for Security 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 Under Secretary shall
establish such requirements for qualifications of
providers of voluntary services under the program under
paragraph (1), including training requirements, as the
Under Secretary considers appropriate.
(3) Confidentiality of registry.--If as part of the
program under paragraph (1) the Under 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
Under Secretary shall take appropriate actions to
ensure that the registry is available only to
appropriate airline personnel and otherwise remains
confidential.
(4) Consultation.--The Under Secretary shall consult
with appropriate representatives of the commercial
airline industry, and organizations representing
community-based law enforcement, firefighters, and
emergency medical technicians, in carrying out the
program under paragraph (1), including the actions
taken under paragraph (3).
(b) Exemption From Liability.--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
in-flight emergency in an aircraft of an air carrier if the
individual meets such qualifications as the Under Secretary
shall prescribe for purposes of this section.
(c) Exception.--The exemption under subsection (b) 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.
* * * * * * *
CHAPTER 463. PENALTIES
* * * * * * *
Sec. 46301. Civil penalties
(a) General Penalty.--(1) A person is liable to the United
States Government for a civil penalty of not more than $1,000
for violating--
(A) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 411, chapter 413
(except sections 41307 and 41310(b)-(f)), chapter 415
(except sections 41502, 41505, and 41507-41509),
chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714), chapter 419, subchapter II or III of
chapter 421, chapter 441 (except section 44109),
section 44502(b) or (c), chapter 447 (except sections
44717 and 44719-44723), chapter 449 (except sections
44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and
(d)(1)(C)-(f), and 44908), or section 47107(b)
(including any assurance made under such section) of
this title;
(B) a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph
applies;
(C) any term of a certificate or permit issued under
section 41102, 41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service
under this part.
(2) A person operating an aircraft for the transportation of
passengers or property for compensation (except an airman
serving as an airman) is liable to the Government for a civil
penalty of not more than $10,000 for violating--
(A) chapter 401 (except sections 40103(a) and (d),
40105, 40106(b), 40116, and 40117), section 44502 (b)
or (c), chapter 447 (except sections 44717-44723), or
chapter 449 (except sections 44902, 44903(d), 44904,
and 44907-44909) of this title; or
(B) a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph
applies.
(3) A civil penalty of not more than $10,000 may be imposed
for each violation under paragraph (1) of this subsection
related to--
(A) the transportation of hazardous material;
(B) the registration or recordation under chapter 441
of this title of an aircraft not used to provide air
transportation;
(C) a violation of section 44718(d), relating to the
limitation on construction or establishment of
landfills;
(D) a violation of section 44725, relating to the
safe disposal of life-limited aircraft parts; or
(E) a violation of section 41705, relating to
discrimination against handicapped individuals.
(4) A separate violation occurs under this subsection for
each day the violation (other than a violation of section
41715) continues or, if applicable, for each flight involving
the violation (other than a violation of section 41715).
(5) Penalty for diversion of aviation revenues.--The amount
of a civil penalty assessed under this section for a violation
of section 47107(b) of this title (or any assurance made under
such section) or section 47133 of this title may be increased
above the otherwise applicable maximum amount under this
section to an amount not to exceed 3 times the amount of
revenues that are used in violation of such section.
(6) Air service termination notice.--Notwithstanding
paragraph (1), the maximum civil penalty for violating section
41715 shall be $5,000 instead of $1,000.
(7) Consumer protection.--Notwithstanding paragraphs (1) and
(4), the maximum civil penalty for violating section 40127 or
41712 (including a regulation prescribed or order issued under
such section) or any other regulation prescribed by the
Secretary that is intended to afford consumer protection to
commercial air transportation passengers, shall be $2,500 for
each violation.
(8) Aviation security violations.--Notwithstanding paragraphs
(1) and (2) of this subsection, the maximum civil penalty for
violating chapter 449 or another requirement under this title
administered by the Under Secretary of Transportation for
Security is $10,000, except that the maximum civil penalty is
$25,000 in the case of a person operating an aircraft for the
transportation of passengers or property for compensation
(except an airman serving as an airman).
(b) Smoke Alarm Device Penalty.--(1) A passenger may not
tamper with, disable, or destroy a smoke alarm device located
in a lavatory on an aircraft providing air transportation or
intrastate air transportation.
(2) An individual violating this subsection is liable to the
Government for a civil penalty of not more than $2,000.
(c) Procedural Requirements.--(1) The Secretary of
Transportation may impose a civil penalty for the following
violations only after notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this section or
chapter 411, chapter 413 (except sections 41307 and
41310(b)-(f)), chapter 415 (except sections 41502,
41505, and 41507-41509), chapter 417 (except sections
41703, 41704, 41710, 41713, and 41714), chapter 419,
subchapter II of chapter 421, or section 44909 of this
title.
(B) a violation of a regulation prescribed or order
issued under any provision to which clause (A) of this
paragraph applies.
(C) a violation of any term of a certificate or
permit issued under section 41102, 41103, or 41302 of
this title.
(D) a violation under subsection (a)(1) of this
section related to the transportation of hazardous
material.
(2) The Secretary shall give written notice of the finding of
a violation and the civil penalty under paragraph (1) of this
subsection.
(d) Administrative Imposition of Penalties.--(1) In this
subsection--
(A) ``flight engineer'' means an individual who holds
a flight engineer certificate issued under part 63 of
title 14, Code of Federal Regulations.
(B) ``mechanic'' means an individual who holds a
mechanic certificate issued under part 65 of title 14,
Code of Federal Regulations.
(C) ``pilot'' means an individual who holds a pilot
certificate issued under part 61 of title 14, Code of
Federal Regulations.
(D) ``repairman'' means an individual who holds a
repairman certificate issued under part 65 of title 14,
Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration
may impose a civil penalty for a violation of chapter 401
(except sections 40103(a) and (d), 40105, 40106(b), 40116, and
40117), chapter 441 (except section 44109), section 44502(b) or
(c), chapter 447 (except sections 44717 and 44719-44723) or
section 46301(b), [46302, 46303,] 46318, or 47107(b) (as
further defined by the Secretary under section 47107(l) and
including any assurance made under section 47107(b)) of this
title or a regulation prescribed or order issued under any of
those provisions. [The Under Secretary of Transportation for
Security may impose a civil penalty for a violation of chapter
449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A),
44907(d)(1)(C)-(f), 44908, and 44909) or a regulation
prescribed or order issued under such chapter 449.] The Under
Secretary of Transportation for Security may impose a civil
penalty for a violation of section 114(l), section 40113,
40119, chapter 449 (except sections 44902, 44903(d), 44907(a)--
(d)(1)(A), 44907(d)(1)(C)--(F), 44908, and 44909), section
46302, 46303, or 46318 of this title, or a regulation
prescribed or order issued under any of those provisions. The
Under Secretary or Administrator shall give written notice of
the finding of a violation and the penalty.
(3) In a civil action to collect a civil penalty imposed by
the Under Secretary or Administrator under this subsection, the
issues of liability and the amount of the penalty may not be
reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the
district courts of the United States have exclusive
jurisdiction of a civil action involving a penalty the Under
Secretary or Administrator initiates if--
(A) the amount in controversy is more than $50,000;
(B) the action is in rem or another action in rem
based on the same violation has been brought;
(C) the action involves an aircraft subject to a lien
that has been seized by the Government; or
(D) another action has been brought for an injunction
based on the same violation.
(5)(A) The Administrator may issue an order imposing a
penalty under this subsection against an individual acting as a
pilot, flight engineer, mechanic, or repairman only after
advising the individual of the charges or any reason the
Administrator relied on for the proposed penalty and providing
the individual an opportunity to answer the charges and be
heard about why the order shall not be issued.
(B) An individual acting as a pilot, flight engineer,
mechanic, or repairman may appeal an order imposing a penalty
under this subsection to the National Transportation Safety
Board. After notice and an opportunity for a hearing on the
record, the Board shall affirm, modify, or reverse the order.
The Board may modify a civil penalty imposed to a suspension or
revocation of a certificate.
(C) When conducting a hearing under this paragraph, the Board
is not bound by findings of fact of the Administrator but is
bound by all validly adopted interpretations of laws and
regulations the Administrator carries out and of written agency
policy guidance available to the public related to sanctions to
be imposed under this section unless the Board finds an
interpretation is arbitrary, capricious, or otherwise not
according to law.
(D) When an individual files an appeal with the Board under
this paragraph, the order of the Administrator is stayed.
(6) An individual substantially affected by an order of the
Board under paragraph (5) of this subsection, or the
Administrator when the Administrator decides that an order of
the Board under paragraph (5) will have a significant adverse
impact on carrying out this part, may obtain judicial review of
the order under section 46110 of this title. The Administrator
shall be made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if supported by
substantial evidence.
(7)(A) The Administrator may impose a penalty on a person
(except an individual acting as a pilot, flight engineer,
mechanic, or repairman) only after notice and an opportunity
for a hearing on the record.
(B) In an appeal from a decision of an administrative law
judge as the result of a hearing under subparagraph (A) of this
paragraph, the Administrator shall consider only whether--
(i) each finding of fact is supported by a
preponderance of reliable, probative, and substantial
evidence;
(ii) each conclusion of law is made according to
applicable law, precedent, and public policy; and
(iii) the judge committed a prejudicial error that
supports the appeal.
(C) Except for good cause, a civil action involving a penalty
under this paragraph may not be initiated later than 2 years
after the violation occurs.
(D) In the case of a violation of section 47107(b) of this
title or any assurance made under such section--
(i) a civil penalty shall not be assessed against an
individual;
(ii) a civil penalty may be compromised as provided
under subsection (f); and
(iii) judicial review of any order assessing a civil
penalty may be obtained only pursuant to section 46110
of this title.
(8) The maximum civil penalty the Under Secretary,
Administrator, or Board may impose under this subsection is
$50,000.
(9) This subsection applies only to a violation occurring
after August 25, 1992.
(e) Penalty Considerations.--In determining the amount of a
civil penalty under subsection (a)(3) of this section related
to transportation of hazardous material, the Secretary shall
consider--
(1) the nature, circumstances, extent, and gravity of
the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(3) other matters that justice requires.
(f) Compromise and Setoff.--(1)(A) The Secretary may
compromise the amount of a civil penalty imposed for
violating--
(i) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719-44723), chapter 449 (except
sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and
(d)(1)(C)-(f), 44908, and 44909), or section 46302,
46303, or 47107(b) of this title; or
(ii) a regulation prescribed or order issued under
any provision to which clause (i) of this subparagraph
applies.
(B) The Postal Service may compromise the amount of a civil
penalty imposed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty
imposed or compromised under this subsection from amounts it
owes the person liable for the penalty.
(g) Judicial Review.--An order of the [Secretary] Secretary,
the Under Secretary of Transportation for Security, or the
Administrator imposing a civil penalty may be reviewed
judicially only under section 46110 of this title.
(h) Nonapplication.--(1) This section does not apply to the
following when performing official duties:
(A) a member of the armed forces of the United
States.
(B) a civilian employee of the Department of Defense
subject to the Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for
taking necessary disciplinary action and submitting to the
Secretary (or the Under Secretary of Transportation for
Security with respect to security duties and powers designated
to be carried out by the Under Secretary or the Administrator
with respect to aviation safety duties and powers designated to
be carried out by the Administrator) a timely report on action
taken.
* * * * * * *
CHAPTER 465. SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES
* * * * * * *
Sec. 46503. Interference with [security] screening personnel;
unauthorized circumvention of security systems or
procedures
(a) Interference with Security Screening Personnel._An
individual in an area within a commercial service airport in
the United States who, by assaulting 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 or interference, the individual may be
imprisoned for any term of years or life imprisonment.
(b) Unauthorized Circumvention of Security Systems and
Procedures.--An individual in an area within a commercial
service airport in the United States who intentionally
circumvents, in an unauthorized manner, a security system or
procedure in the airport shall be fined under title 18,
imprisoned for not more than 10 years, or both.
* * * * * * *
CHAPTER 471. AIRPORT DEVELOPMENT
* * * * * * *
Sec. 47115. Discretionary fund
(a) Existence and Amounts in Fund.--The Secretary of
Transportation has a discretionary fund. The fund consists of--
(1) amounts subject to apportionment for a fiscal
year that are not apportioned under section 47114(c)-
(e) of this title; and
(2) 12.5 percent of amounts not apportioned under
section 47114 of this title because of section
47114(f).
(b) Availability of Amounts.--Subject to subsection (c) of
this section and section 47117(e) of this title, the fund is
available for making grants for any purpose for which amounts
are made available under section 48103 of this title that the
Secretary considers most appropriate to carry out this
subchapter.
(c) Minimum Percentage for Primary and Reliever Airports.--At
least 75 percent of the amount in the fund and distributed by
the Secretary in a fiscal year shall be used for making
grants--
(1) to preserve and enhance capacity, safety, and
security at primary and reliever airports; and
(2) to carry out airport noise compatibility planning
and programs at primary and reliever airports.
(d) Considerations.--In selecting a project for a grant to
preserve and enhance capacity as described in subsection (c)(1)
of this section, the Secretary shall consider--
(1) the effect the project will have on the overall
national air transportation system capacity;
(2) the project benefit and cost, including, in the
case of a project at a reliever airport, the number of
operations projected to be diverted from a primary
airport to the reliever airport as a result of the
project, as well as the cost savings projected to be
realized by users of the local airport system;
(3) the financial commitment from non-United States
Government sources to preserve or enhance airport
capacity;
(4) the airport improvement priorities of the States,
and regional offices of the Administration, to the
extent such priorities are not in conflict with
paragraphs (1) and (2);
(5) the projected growth in the number of passengers
that will be using the airport at which the project
will be carried out; and
(6) any increase in the number of passenger boardings
in the preceding 12-month period at the airport at
which the project will be carried out, with priority
consideration to be given to projects at airports at
which the number of passenger boardings increased by at
least 20 percent as compared to the number of passenger
boardings in the 12-month period preceding such period.
(e) Waiving Percentage Requirement.--If the Secretary decides
the Secretary cannot comply with the percentage requirement of
subsection (c) of this section in a fiscal year because there
are insufficient qualified grant applications to meet that
percentage, the amount the Secretary determines will not be
distributed as required by subsection (c) is available for
obligation during the fiscal year without regard to the
requirement.
(f) Consideration of Diversion of Revenues in Awarding
Discretionary Grants.--
(1) General rule.--Subject to paragraph (2), in
deciding whether or not to distribute funds to an
airport from the discretionary funds established by
subsection (a) of this section and section 47116 of
this title, the Secretary shall consider as a factor
militating against the distribution of such funds to
the airport the fact that the airport is using revenues
generated by the airport or by local taxes on aviation
fuel for purposes other than capital or operating costs
of the airport or the local airports system or other
local facilities which are owned or operated by the
owner or operator of the airport and directly and
substantially related to the actual air transportation
of passengers or property.
(2) Required finding.--Paragraph (1) shall apply only
when the Secretary finds that the amount of revenues
used by the airport for purposes other than capital or
operating costs in the airport's fiscal year preceding
the date of the application for discretionary funds
exceeds the amount of such revenues in the airport's
first fiscal year ending after August 23, 1994,
adjusted by the Secretary for changes in the Consumer
Price Index of All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.
(g) Minimum Amount To Be Credited.--
(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available
under section 48103 of this title, an amount that is at
least equal to the sum of--
(A) $148,000,000; plus
(B) the total amount required from the fund
to carry out in the fiscal year letters of
intent issued before January 1, 1996, under
section 47110(e) of this title or the Airport
and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have
been apportioned in a prior fiscal year under section
47114 of this title and that remain available for
obligation.
(2) Reduction of apportionments.--In a fiscal year in
which the amount credited under subsection (a) is less
than the minimum amount to be credited under paragraph
(1), the total amount calculated under paragraph (3)
shall be reduced by an amount that, when credited to
the fund, together with the amount credited under
subsection (a), equals such minimum amount.
(3) Amount of reduction.--For a fiscal year, the
total amount available to make a reduction to carry out
paragraph (2) is the total of the amounts determined
under sections 47114(c)(1)(A), 47114(c)(2), 47114(d),
and 47117(e) of this title. Each amount shall be
reduced by an equal percentage to achieve the
reduction.
(h) Priority for Letters of Intent.--In making grants in a
fiscal year with funds made available under this section, the
Secretary shall fulfill intentions to obligate under section
47110(e).
(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 [non-federal] non-Federal resources
available to sponsor, the use of such [non-federal] non-Federal
resources, and the degree to which the sponsor is providing
increased funding for the project.
* * * * * * *
CHAPTER 481. AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
* * * * * * *
Sec. 48107. Civil aviation security research and development
After the review under section 44912(b) of this title is
completed, necessary amounts may be appropriated to the
Secretary of Transportation out of the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) to make grants under section
[44912(a)(4)(A).] 44912(a)(5)(A).
* * * * * * *
AVIATION AND TRANSPORTATION SECURITY ACT
* * * * * * *
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 Under Secretary, 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 Under 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.
``(3) Deployment of federal law enforcement
personnel.--The Secretary 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.
``(4) Airport perimeter screening.--The Under
Secretary--
``(A) shall require, as soon as practicable
after the date of enactment of this subsection,
screening or inspection of all individuals,
goods, property, vehicles, and other equipment
before entry into a secured area of an airport
in the United States described in section
44903(c);
``(B) shall prescribe specific requirements
for such screening and inspection that will
assure at least the same level of protection as
will result from screening of passengers and
their baggage;
``(C) shall establish procedures to ensure
the safety and integrity of--
``(i) all persons providing services
with respect to aircraft providing
passenger air transportation or
intrastate air transportation and
facilities of such persons at an
airport in the United States described
in section 44903(c);
``(ii) all supplies, including
catering and passenger amenities,
placed aboard such aircraft, including
the sealing of supplies to ensure easy
visual detection of tampering; and
``(iii) all persons providing such
supplies and facilities of such
persons;
``(D) shall require vendors having direct
access to the airfield and aircraft to develop
security programs; and
``(E) may provide for the use of biometric or
other technology that positively verifies the
identity of each employee and law enforcement
officer who enters a secure area of an
airport.''.
(b) Small and Medium Airports.--
(1) Technical support and financial assistance.--The
Under Secretary of Transportation for Security shall
develop a plan to--
(A) provide technical support to airports,
each of which had less than 1 percent of the
total annual enplanements in the United States
for the most recent calendar year for which
data is available, to enhance security
operations; and
(B) provide financial assistance to those
airports to defray the costs of enhancing
security.
(2) Removal of certain restrictions.--
(A) Certification by operator.--If the
operator of an airport described in paragraph
(1), after consultation with the appropriate
State and local law enforcement authorities,
determines that safeguards are in place to
sufficiently protect public safety, and so
certifies in writing to the Under Secretary,
then any security rule, order, or other
directive restricting the parking of passenger
vehicles shall not apply at that airport after
the applicable time period specified in
subparagraph (B), unless the Under Secretary,
taking into account individual airport
circumstances, notifies the airport operator
that the safeguards in place do not adequately
respond to specific security risks and that the
restriction must be continued in order to
ensure public safety.
(B) Countermand period.--The time period
within which the Under Secretary may notify an
airport operator, after receiving a
certification under subparagraph (A), that a
restriction must be continued in order to
ensure public safety at the airport is--
(i) 15 days for a nonhub airport (as
defined in section 41714(h) of title
49, United States Code);
(ii) 30 days for a small hub airport
(as defined in such section);
(iii) 60 days for a medium hub
airport (as defined in such section);
and
(iv) 120 days for an airport that had
at least 1 percent of the total annual
enplanements in the United States for
the most recent calendar year for which
data is available.
(c) 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.''.
(d) Airport Security Pilot Program.--Section 44903(c) of
title 49, United States Code, is amended by adding at the end
the following:
``(3) Pilot programs.--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.''.
(e) Airport Security Awareness Programs.--The Under Secretary
of Transportation for Security shall require scheduled
passenger air carriers, and airports in the United States
described in section 44903(c) to develop security awareness
programs for airport employees, ground crews, gate, ticket, and
curbside agents of the air carriers, and other individuals
employed at such airports.
* * * * * * *
SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.
(a) Limited Use of Airport Improvement Program Funds.--
(1) Airport development funds.--Section 47102(3) of
title 49, United States Code, is amended by adding at
the end the following:
``(J) in fiscal year 2002, any additional
security related activity required by law or by
the Secretary after September 11, 2001, and
before October 1, 2002.
``(K) in fiscal year 2002 with respect to
funds apportioned under section 47114 in fiscal
years 2001 and 2002, any activity, including
operational activities, of an airport that is
not a primary airport if that airport is
located within the confines of enhanced class B
airspace, as defined by Notice to Airmen FDC 1/
0618 issued by the Federal Aviation
Administration and the activity was carried out
when any restriction in the Notice is in
effect.
``(L) in fiscal year 2002, payments for debt
service on indebtedness incurred to carry out a
project at an airport owned or controlled by the
sponsor or at a privately owned or operated airport
passenger terminal financed by indebtedness incurred
by the sponsor if the Secretary determines that
such payments are necessary to prevent a default on
the indebtedness.''.
(2) 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), 47102(3)(K), or 47102(3)(L) and
shall not depend upon the date of execution of
a grant agreement made under this
subchapter;''.
(3) 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 non-federal resources available to
sponsor, the use of such non-federal resources, and the degree
to which the sponsor is providing increased funding for the
project.''.
(4) 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), 47102(3)(K), or
47102(3)(L).''.
(5) 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 baggage areas, that the
Secretary determines are necessary to
install bulk explosive detection
devices.''.
(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)] section 47102(3)(J) of title 49, United
States Code.
(d) Amendment of General Fee Schedule Provision.--Section
45301(b)(1)(B) of title 49, United States Code, is amended--
(1) by striking ``directly'' and inserting
``reasonably'';
(2) by striking ``Administration's costs'' and
inserting ``Administration's costs, as determined by
the Administrator,''; and
(3) by adding at the end ``The Determination of such
costs by the Administrator is not subject to judicial
review.''.
* * * * * * *
SEC. 132. GENERAL AVIATION AND AIR CHARTERS.
(a) Air Charter Program.--Within 90 days after the date of
enactment of this Act, the Under Secretary of Transportation
for Transportation Security shall implement an aviation
security program for charter air carriers (as defined in
section 40102(a)(13) of title 49, United States Code) with a
maximum certificated takeoff weight of [12,500 pounds or more.]
more than 12,500 pounds.
(b) General Aviation Program.--Within 30 days after the date
of enactment of this Act, the Under Secretary of Transportation
for Transportation Security shall transmit a report on airspace
and other security measures that can be deployed, as necessary,
to improve general aviation security to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure.
The Under Secretary may submit the report in both classified
and redacted forms.