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H.R. 3110 (107th): Transportation Security Enhancement Act of 2001


The text of the bill below is as of Oct 12, 2001 (Introduced). The bill was not enacted into law.


HR 3110 IH

107th CONGRESS

1st Session

H. R. 3110

To improve aviation security, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 12, 2001

Mr. OBERSTAR (for himself, Mr. GEPHARDT, Mr. LIPINSKI, Mr. DEFAZIO, Mr. BORSKI, Mr. RAHALL, Mr. BOSWELL, Mr. HOLDEN, Mr. CLEMENT, Mr. COSTELLO, Mr. NADLER, Ms. BROWN of Florida, Mr. BARCIA, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. NORTON, Mrs. TAUSCHER, Mr. MATHESON, Mr. HONDA, Mr. MASCARA, Mr. BALDACCI, Mr. CUMMINGS, Mr. PASCRELL, Mr. MCGOVERN, Mr. LAMPSON, Mr. BAIRD, Mr. CARSON of Oklahoma, Mr. SANDLIN, Mr. BLUMENAUER, Ms. BERKLEY, Ms. MILLENDER-MCDONALD, Mr. LARSEN of Washington, Mr. FILNER, Mr. MENENDEZ, Mr. BERRY, Mr. HOLT, Mrs. CAPPS, and Mr. LANTOS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To improve aviation security, and for other purposes.

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

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

    (a) SHORT TITLE- This Act may be cited as the ‘Transportation Security Enhancement Act of 2001’.

    (b) AMENDMENTS TO TITLE 49, UNITED STATES CODE- Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION.

    (a) IN GENERAL- Chapter 1 is amended by adding at the end the following:

‘Sec. 114. Transportation Security Administration

    ‘(a) IN GENERAL- The Transportation Security Administration shall be an administration of the Department of Transportation.

    ‘(b) UNDER SECRETARY-

      ‘(1) APPOINTMENT- The head of the Administration shall be the Under Secretary of Transportation for Security. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

      ‘(2) QUALIFICATIONS- The Under Secretary must--

        ‘(A) be a citizen of the United States; and

        ‘(B) have experience in a field directly related to transportation or security.

      ‘(3) TERM- The term of office of an individual appointed as the Under Secretary shall be 5 years.

    ‘(c) LIMITATION ON PECUNIARY INTERESTS- The Under Secretary may not have a pecuniary interest in, or own stock in or bonds of, a transportation or security enterprise, or an enterprise that makes equipment that could be used for security purposes.

    ‘(d) FUNCTIONS- The Under Secretary shall be responsible for security in all modes of transportation, including--

      ‘(1) carrying out chapter 449, and section 40119, relating to civil aviation security; and

      ‘(2) security responsibilities over nonaviation modes of transportation that are exercised by Administrations of the Department of Transportation (other than the Federal Aviation Administration).

    ‘(e) ADDITIONAL DUTIES AND POWERS- In addition to carrying out the functions specified in subsection (d), the Under Secretary shall--

      ‘(1) receive, assess, and distribute intelligence information related to transportation security;

      ‘(2) assess threats to transportation;

      ‘(3) develop policies, strategies, and plans for dealing with threats to transportation security;

      ‘(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States Government;

      ‘(5) serve as the primary liaison for transportation security to the intelligence and law enforcement communities;

      ‘(6) 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 mail and cargo;

      ‘(11) oversee the implementation, and ensure the adequacy, of security measures at airports;

      ‘(12) oversee the implementation, and ensure the adequacy, of background checks for airport security screening personnel, individuals with unescorted access to secure areas of airports, and other transportation security personnel;

      ‘(13) develop standards for the hiring, training, and retention of airport security screening personnel; and

      ‘(14) carry out such other duties, and exercise such other powers, relating to transportation security as the Under Secretary considers appropriate, to the extent authorized by law.

    ‘(f) ACQUISITIONS-

      ‘(1) IN GENERAL- The Under Secretary is authorized--

        ‘(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;

        ‘(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;

        ‘(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of employees of the Administration and to acquire maintain and operate equipment for these facilities;

        ‘(D) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and

        ‘(E) in cooperation with the Administrator of the Federal Aviation Administration and the heads of other Administrations in the Department of Transportation, to utilize the research and development facilities of those Administrations, including the facilities of the Federal Aviation Administration located in Atlantic City, New Jersey.

      ‘(2) TITLE- Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.

    ‘(g) TRANSFERS OF FUNDS- The Under Secretary is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred, on or after the date of enactment of this section, by law to the Under Secretary.

    ‘(h) REGULATIONS-

      ‘(1) IN GENERAL- The Under Secretary is authorized to issue, rescind, and revise such regulations as are necessary to carry out the functions of the Administration.

      ‘(2) FACTORS TO CONSIDER- In determining whether to issue, rescind, or a revise a regulation under this section, the Under Secretary shall consider, as one factor in the final determination, whether the costs of the regulation are excessive in relation to the enhancement of security the regulation will provide. In making such determination, the Under Secretary shall not undertake a cost benefit analysis that places a monetary value on human life or attempts to estimate the number of lives that will be saved by the regulation.

      ‘(3) LIMITATION- The Under Secretary shall not decide against issuing a regulation under this section because the regulation fails to satisfy a quantitative cost-benefit test.

      ‘(4) 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.

        ‘(B) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT BOARD- Any regulation or security directive issued under this paragraph shall remain effective unless disapproved by the Transportation Security Oversight Board established under section 44951 or rescinded by the Under Secretary.

    ‘(i) PERSONNEL AND SERVICES; COOPERATION BY 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.

    ‘(j) ACQUISITION MANAGEMENT SYSTEM- The acquisition management system established by the Administrator of the Federal Aviation Administration under section 40110 shall apply to acquisitions of equipment and materials by the Transportation Security Administration, except that subject to the requirements of such section, the Under Secretary may make such modifications to the acquisition management system with respect to such acquisitions of equipment and materials as the Under Secretary considers appropriate.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 1 is amended by adding at the end the following:

      ‘114. Transportation Security Administration.’.

    (c) POSITION OF UNDER SECRETARY IN EXECUTIVE SCHEDULE- Section 5313 of title 5, United States Code, is amended by adding at the end the following:

      ‘The Under Secretary of Transportation for Security’.

    (d) REFERENCES TO FAA IN CHAPTER 449- Chapter 449 is amended--

      (1) in section 44904(b)(5) by striking ‘the Administration’ and inserting ‘the Transportation Security Administration’;

      (2) in the second sentence of section 44913(a)(1) by striking ‘of the Administration’ and inserting ‘of the Transportation Security Administration’;

      (3) in section 44916(a)--

        (A) in the first sentence by striking ‘Administrator’ and inserting ‘Under Secretary of Transportation for Security’; and

        (B) in the second sentence by striking ‘Administration’ and inserting ‘Transportation Security Administration’;

      (4) in each of sections 44933(a) and 44934(b) by striking ‘Assistant Administrator for Civil Aviation Security’ and inserting ‘Under Secretary’;

      (5) in section 44934(b)(1) by striking ‘Assistant Administrator’ and inserting ‘Under Secretary’;

      (6) by striking sections 44931 and 44932 and the items relating to such sections in the analysis for such chapter;

      (7) by striking ‘Administrator’ each place it appears in such chapter (except in subsections (f) and (h) of section 44936) and inserting ‘Under Secretary’;

      (8) by striking ‘Administrator’s’ each place it appears in such chapter and inserting ‘Under Secretary’s’; and

      (9) by striking ‘of the Federal Aviation Administration’ each place it appears in such chapter (except in section 44936(f)) and inserting ‘of Transportation for Security’.

SEC. 3. REVIEW AND RECOMMENDATION.

    (a) COMMENCEMENT OF REVIEW- Not later than 6 months after the date of enactment of this Act, the President shall commence a review of whether security would be enhanced by transfer of the Transportation Security Administration to another Department or Office in the United States Government.

    (b) REPORT- Not later than 1 year after the date of enactment, the President shall report to Congress on the conclusions reached in the review and on recommendations for any legislation needed to carry out a recommended change.

SEC. 4. IMPROVED PASSENGER SCREENING PROCESS.

    Section 44901 of title 49, United States Code, is amended to read as follows:

‘ 44901. Screening passengers and property

    ‘(a) IN GENERAL- The Under Secretary of Transportation for Security shall be responsible for the screening of all passengers and property that will be carried in an aircraft in air transportation or intrastate air transportation and for issuing implementing regulations. The screening must take place before boarding of such passengers and loading of property and be carried out by security screening personnel using equipment and processes approved for that purpose by the Under Secretary.

    ‘(b) FEDERAL SECURITY SCREENING PERSONNEL- Except as provided in subsection (c), the Under Secretary shall carry out the screening function under subsection (a) using--

      ‘(1) employees of the Transportation Security Administration who are citizens of the United States; or

      ‘(2) employees of another department, agency, or instrumentality of the United States Government who are citizens of the United States, with the consent of the head of the department, agency, or instrumentality.

    ‘(c) TRANSITION PERIOD-

      ‘(1) IN GENERAL- As soon as practicable, but not later than the last day of the 1-year period beginning on the date of enactment of the Transportation Security Enhancement Act of 2001, the Under Secretary shall carry out the screening function under subsection (a) using solely Federal security screening personnel described in subsection (b). In such 1-year period, screening functions may be performed by personnel other than Federal security screening personnel (including personnel provided by a contractor under an agreement with the Under Secretary). During such 1-year period, the Under Secretary shall begin to assign Federal security screening personnel to airports as soon as practicable.

      ‘(2) RESPONSIBILITIES OF AIR CARRIERS- In the 1-year period referred to in paragraph (1), until otherwise directed by the Under Secretary, an air carrier, intrastate air carrier, or foreign air carrier shall continue to carry out the screening of passengers and their property in accordance with the requirements of this section (including regulations issued to carry out this section), as in effect on the day before the date of enactment of the Transportation Security Enhancement Act of 2001. During the period in which carriers continue to be responsible for such screening, the Under Secretary shall use Federal security screening personnel to supplement the screening personnel provided by the carriers and oversee the screening process as necessary to ensure the safety and security of operations.

      ‘(3) ASSIGNMENT OF CONTRACTS- Upon request of the Under Secretary, an air carrier, intrastate air carrier, or foreign air carrier carrying out a screening function described in subsection (a) may enter into an agreement with the Under Secretary to transfer any contract the carrier has entered into with respect to carrying out such function. In entering into any such agreement, the Under Secretary shall include such terms and conditions as are necessary to ensure that the Under Secretary has the authority to oversee performance of the contractor, to supervise personnel carrying out screening at an airport, and to require the replacement of unsatisfactory personnel.’.

SEC. 5. SPECIAL PERSONNEL SYSTEM FOR SCREENERS.

    (a) DEVELOPMENT- The Under Secretary of Transportation for Security shall develop a personnel system for screeners employed by the Transportation Security Administration governing such matters as their compensation and benefits and the authority of the Administration to suspend or terminate such employees.

    (b) GUIDING PRINCIPLES- In developing the personnel system, the Under Secretary--

      (1) shall not be required to follow laws and regulations governing Federal civil service employees or other Federal employees; and

      (2) shall be guided by the following principles:

        (A) the need to establish levels of compensation which will attract employees with

competence and expertise comparable to other Federal inspectors and law enforcement personnel;

        (B) the need for the Administration to have suspension and termination authority which will ensure that security will not be compromised and that the screener work force will be composed of employees with a high level of competence and dedication to their responsibilities; and

        (C) the need for employees to be protected against arbitrary or unsubstantiated decisions which result in the permanent loss of their jobs; except that the Under Secretary shall ensure that the procedures developed to protect employees are consistent with the need to maintain security at all times and, in establishing the procedures, shall consider the procedures established in private sector firms for employees with important safety and security responsibilities.

SEC. 6. SECURITY PROGRAMS.

    Section 44903(c) is amended--

      (1) in the first sentence of paragraph (1) by inserting after ‘at each of those airports’ the following: ‘, including at each location at those airports where passengers are screened,’;

      (2) in paragraph (2)(C)(i) by striking ‘shall issue an amendment to air carrier security programs to require’ and inserting ‘shall require’; and

      (3) by adding at the end the following:

      ‘(3) ANNUAL REVIEW AND APPROVAL- On an annual basis, the Administrator shall review, and approve or disapprove, the security program of an airport operator.’.

SEC. 7. EMPLOYMENT STANDARDS AND TRAINING.

    (a) EMPLOYMENT STANDARDS- Section 44935(a) is amended--

      (1) in the first sentence by inserting ‘, personnel (including Federal employees) who screen passengers and property,’ after ‘air carrier personnel’;

      (2) by striking ‘and’ at the end of paragraph (4);

      (3) by striking the period at the end of paragraph (5) and inserting a semicolon; and

      (4) by adding at the end the following:

      ‘(6) citizenship requirements, including requirements consistent with section 44901(b), when appropriate; and

      ‘(7) minimum compensation levels, when appropriate.’.

    (b) EMPLOYMENT STANDARDS FOR SCREENERS- Section 44935 is amended by adding at the end the following:

    ‘(g) TRAINING FOR ALL SCREENERS, SUPERVISORS, AND INSTRUCTORS-

      ‘(1) IN GENERAL- The Under Secretary shall require any individual who screens passengers and property pursuant to section 44901, and the supervisors and instructors of such individuals, to have satisfactorily completed all initial, recurrent, and appropriate specialized training necessary to ensure compliance with the requirements of this section.

      ‘(2) ON-THE-JOB PORTION OF SCREENER’S TRAINING- Notwithstanding paragraph (1), the Under Secretary may permit an individual, during the on-the-job portion of training, to perform security functions if the individual is closely supervised and does not make independent judgments as to whether persons or property may enter secure areas or aircraft or whether cargo or mail may be loaded aboard aircraft without further inspection.

      ‘(3) EFFECT OF SCREENER’S FAILURE OF OPERATION TEST- The Under Secretary may not allow an individual to perform a screening function after the individual has failed an operational test related to that function until the individual has successfully completed remedial training.’.

    (c) MINIMUM EMPLOYMENT STANDARDS FOR SCREENING PERSONNEL- Beginning on the 30th day following the date of enactment of this Act, subject to subsection (d), the following requirements, at a minimum, shall apply to an individual (including a Federal employee) who screens passengers or property, or both (in this subsection referred to as a ‘screener’).

      (1) EDUCATION- A screener shall have a high school diploma, a general equivalency diploma, or a combination of education and experience that the Under Secretary has determined to have equipped the individual to perform the duties of the screening position.

      (2) BASIC APTITUDES AND PHYSICAL ABILITIES- A screener shall have basic aptitudes and physical abilities (including color perception, visual and aural acuity, physical coordination, and motor skills) and shall have--

        (A) the ability to identify the components that may constitute an explosive or an incendiary device;

        (B) the ability to identify objects that appear to match those items described in all current regulations, security directives, and emergency amendments;

        (C) for screeners operating X-ray and explosives detection system equipment, the ability to distinguish on the equipment monitors the appropriate images;

        (D) for screeners operating any screening equipment, the ability to distinguish each color displayed on every type of screening equipment and explain what each color signifies;

        (E) the ability to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint or other screening environment;

        (F) for screeners performing manual searches or other related operations, the ability to efficiently and thoroughly manipulate and handle such baggage, containers, cargo, and other objects subject to security processing;

        (G) for screeners performing manual searches of cargo, the ability to use tools that allow for opening and closing boxes, crates, or other common cargo packaging;

        (H) for screeners performing screening of cargo, the ability to stop the transfer of suspect cargo onto passenger air carriers; and

        (I) for screeners performing pat-down or hand-held metal detector searches of persons, sufficient dexterity and capability to thoroughly conduct those procedures over a person’s entire body.

      (3) COMMAND OF ENGLISH LANGUAGE- A screener shall be able to read, speak, write, and understand the English language well enough to--

        (A) carry out written and oral instructions regarding the proper performance of screening duties;

        (B) read English language identification media, credentials, airline tickets, documents, air waybills, invoices, and labels on items normally encountered in the screening process;

        (C) provide direction to and understand and answer questions from English-speaking persons undergoing screening or submitting cargo for screening; and

        (D) write incident reports and statements and log entries into security records in the English language.

    (d) MORE STRINGENT EMPLOYMENT STANDARDS- The Under Secretary of Transportation for Security has the authority to impose at any time more stringent requirements to individuals referred to in subsection (c) than those minimum requirements in subsection (c).

SEC. 8. DEPLOYMENT OF FEDERAL AIR MARSHALS.

    (a) IN GENERAL- Subchapter I of chapter 449 is amended by adding at the end the following:

‘Sec. 44917. Deployment of Federal air marshals

    ‘(a) IN GENERAL- The Under Secretary of Transportation for Security under the authority provided by section 44903(d) shall--

      ‘(1) provide for appropriate deployment of Federal air marshals on passenger flights of air carriers in air transportation or intrastate air transportation;

      ‘(2) provide for appropriate background and fitness checks for candidates for appointment as Federal air marshals;

      ‘(3) provide for appropriate training, supervision, and equipment of Federal air marshals;

      ‘(4) require air carriers providing flights described in paragraph (1) to provide seating for a Federal air marshal on any such flight without regard to the availability of seats on the flight;

      ‘(5) establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on a flight;

      ‘(6) establish a program to permit Federal, State, and local law enforcement officers to be trained to participate in the Federal air marshals program of the Administration as volunteers when such officers are otherwise traveling in an aircraft operated by an air carrier; and

      ‘(7) in establishing the qualifications for positions as Federal air marshals, establish a maximum age for initial employment which is high enough to allow qualified retiring law enforcement officials to fill such positions.

    ‘(b) FLIGHTS IN FOREIGN AIR TRANSPORTATION- The Under Secretary shall work with appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights in foreign air transportation.

    ‘(c) INTERIM MEASURES- Until the Under Secretary completes implementation of subsection (a), the Under Secretary may use, after consultation with the heads of other Federal agencies and departments, personnel from those agencies and departments, on a reimbursable or nonreimbursable basis, to provide air marshal service.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 449 is amended by adding after the item relating to section 44916 the following:

      ‘44917. Deployment of Federal air marshals.’.

SEC. 9. ENHANCED SECURITY MEASURES.

    (a) IN GENERAL- Subchapter I of chapter 449 is further amended by adding at the end the following:

‘Sec. 44918. Enhanced security measures

    ‘(a) IN GENERAL- The Under Secretary of Transportation shall take the following actions to enhance aviation security:

      ‘(1) After consultation with the Administrator of the Federal Aviation Administration, develop and implement methods to--

        ‘(A) restrict the opening of a cockpit door during a flight;

        ‘(B) modify cockpit doors to deny access from the cabin to the cockpit;

        ‘(C) use video monitors or other devices to alert pilots in the cockpit to activity in the cabin; and

        ‘(D) ensure continuous operation of an aircraft transponder in the event of an emergency.

      ‘(2) Provide for the installation of technology in an aircraft cabin to enable flight crews to discreetly notify the pilots in the case of a security breach occurring in the cabin.

      ‘(3) Enhance security for secured areas of airports, including--

        ‘(A) requiring screening of all persons, vehicles, and other equipment before entry into a secured area;

        ‘(B) requiring catering companies and other companies whose employees have access to a secured area to develop security programs;

        ‘(C) requiring that all persons, including persons who are accompanied by persons holding an identification card, seeking access to a secured areas be issued identification cards, following background checks, criminal history record checks, and checks of Federal security databases;

        ‘(D) revalidating approvals of all persons previously authorized to entered a secured area, including full background and criminal history record checks and checks of Federal security databases;

        ‘(E) maximizing use of enhanced technology, such as biometrics, to positively verify the identity of persons entering a secured area; and

        ‘(F) improving procedures to ensure that identification cards which are revoked cannot be utilized.

      ‘(4) Develop alternative sources of explosive detection equipment for screening baggage, mail, and cargo and maximize the use of such equipment by ensuring that equipment already installed at an airport is used to its full capacity and by developing and implementing a program to purchase additional equipment so that, not later than 3 years after the date of enactment of this section, all baggage, mail, and cargo will be inspected by such equipment.

      ‘(5) Establish a uniform system of identification for all State and local law enforcement personnel to use in obtaining permission to carry weapons in aircraft cabins and in obtaining access to a secured area of an airport.

      ‘(6) Work with intelligence and law enforcement agencies to develop procedures to ensure that air carrier and airport systems have necessary law enforcement and national security intelligence data, to enhance the effectiveness of their security programs.

      ‘(7) Ensure that the Computer Assisted Passenger Pre-Screening System of the Transportation Security Administration includes necessary intelligence information, is used to evaluate all passengers before they board an aircraft, and includes procedures to ensure that selectees of such system and their carry-on and checked baggage are adequately screened.

      ‘(8) Restrict carry-on baggage to one piece of carry-on baggage, plus one personal item, per passenger (including children under the age of 2); except exempt any child safety seat to be used during a flight to restrain a child passenger under 40 pounds or 40 inches and any assistive device for a disabled passenger.

      ‘(9) After consultation with the Administrator of the Federal Aviation Administration, develop procedures and authorize equipment for flight crews and cabin crews to use to defend an aircraft against acts of violence or piracy.

      ‘(10) Develop realistic crew training programs as follows:

        ‘(A) No later than 30 days after the date of enactment of this paragraph and in consultation with the Federal Aviation Administration, appropriate law enforcement, security, and terrorism experts, and air carrier, pilot, and flight attendant representatives, develop a realistic crew training program to prepare crew members for current threat conditions.

        ‘(B) Require air carriers to train all crew members not later than 60 days after such date of enactment.

        ‘(C) Required crew training shall include, but not be limited to--

          ‘(i) determination of the seriousness of any occurrence;

          ‘(ii) crew communication and coordination;

          ‘(iii) self-defense;

          ‘(iv) use of Transportation Security Administration approved protection devices assigned to crewmembers, including appropriate certifications for use of such devices; and

          ‘(v) psychology of terrorism to cope with hijacker behavior and passenger reaction.

        ‘(D) Develop a plan for updating the training program and retraining crew members as each new security threat becomes known.

      ‘(11) Require training of gate, ticket, and curbside agents to respond appropriately when the system referred to in paragraph (7) identifies a passenger as a threat to security.

      ‘(12) Establish a toll-free telephone number for air carrier and airport employees and their customers to use to report instances of inadequate security.

      ‘(13) Require effective 911 emergency call capabilities for telephones serving passenger aircraft and trains.

      ‘(14) In consultation with the Federal Aviation Administration, require that all pilot licenses incorporate a photograph of the license holder and appropriate biometric imprints.

      ‘(15) Provide for background checks, criminal history record checks, and checks against Federal security data bases of individuals seeking instruction in flying aircraft that weigh more than 12,500 pounds.

      ‘(16) Require training of employees of a flight school to recognize suspicious circumstances and activities for individuals enrolling in or attending flight school and to notify the Administration.

    ‘(b) REPORT- Not later than 6 months after the date of enactment of this section, and annually thereafter, the Under Secretary shall transmit to Congress a report on the progress of the Under Secretary in evaluating and taking actions under subsection (a), including any legislative recommendations that the Under Secretary may have for enhancing transportation security.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 449 is amended by inserting after the item relating to section 44917 the following:

      ‘44918. Enhanced security measures.’.

    (c) REPEAL OF EXISTING REPORTING REQUIREMENT-

      (1) IN GENERAL- Section 44938 is amended--

        (A) in the section heading by striking ‘Reports’ and inserting ‘Report’; and

        (B) by striking ‘(a) TRANSPORTATION SECURITY- ’ and all that follows through ‘(b) SCREENING AND FOREIGN AIR CARRIER AND AIRPORT SECURITY- The Administrator’ and

inserting ‘The Under Secretary of Transportation for Security’.

      (2) CHAPTER ANALYSIS- The analysis for chapter 449 is amended by striking the item relating section 44938 and inserting the following:

      ‘44938. Report.’.

SEC. 10. CRIMINAL HISTORY RECORD CHECK FOR SCREENERS AND OTHERS.

    Section 44936(a) is amended--

      (1) in paragraph (1)(E)(iv)(II) by striking the period at the end and inserting ‘; except that at such an airport, the airport operator, air carriers, and screening companies may elect to implement the requirements of this subparagraph in advance of the effective date if the Under Secretary approves of such early implementation and if the airport operator, air carriers, and screening companies amend their security programs to conform those programs to the requirements of this subparagraph.’; and

      (2) in paragraph (2) by striking ‘or airport operator’ and inserting ‘airport operator, or screening company’.

SEC. 11. PASSENGER AND BAGGAGE SCREENING FEE.

    (a) IN GENERAL- Subchapter II of chapter 449 is amended by adding at the end the following:

‘Sec. 44939. Passenger and baggage screening fee

    ‘(a) GENERAL AUTHORITY-

      ‘(1) PASSENGER FEES- The Under Secretary of Transportation for Security shall impose a fee on passengers in air transportation and intrastate air transportation to pay for the costs of the screening of passengers and property pursuant to section 44901(d). Such costs include salaries and expenses, training, and equipment acquisition, operation, and maintenance.

      ‘(2) AIR CARRIER FEES-

        ‘(A) AUTHORITY- In addition to the fee imposed pursuant to paragraph (1), the Under Secretary may impose a fee on air carriers to pay for the costs of providing security for air carriers and their passengers and crews.

        ‘(B) LIMITATION- The amounts of fees collected under this paragraph may not exceed, in the aggregate, the amounts paid in calendar year 2000 by air carriers for security described in paragraph (1), adjusted for inflation.

    ‘(b) SCHEDULE OF FEES- In imposing fees under subsection (a), the Under Secretary shall ensure that the fees are directly related to the Transportation Security Administration’s costs of providing services rendered.

    ‘(c) LIMITATION ON FEE- Fees imposed under subsection (a)(1) may not exceed $2.50 on a 1-way trip in air transportation or intrastate air transportation.

    ‘(d) IMPOSITION OF FEE-

      ‘(1) IN GENERAL- Notwithstanding the procedural requirements of section 553 of title 5, the Under Secretary shall impose the fee under subsection (a)(1), and may impose a fee under subsection (a)(2), through the publication of notice of such fee in the Federal Register and begin collection of the fee within 60 days of the date of enactment of this Act, or as soon as possible thereafter.

      ‘(2) SUBSEQUENT RULEMAKING- After imposing a fee in accordance with paragraph (1), the Under Secretary shall conduct a rulemaking proceeding on imposition and collection of the fee in accordance with the requirements of section 553 of title 5 and shall issue a final rule to continue or modify imposition or collection of the fee, or both.

    ‘(e) FEES PAYABLE TO UNDER SECRETARY- All fees imposed and amounts collected under this section are payable to the Under Secretary of Transportation for Security.

    ‘(f) RECEIPTS CREDITED TO ACCOUNT- Notwithstanding section 3302 of title 31, any fee collected under this section--

      ‘(1) shall be credited to a separate account established in the Treasury;

      ‘(2) shall be available immediately for expenditure but only to pay the costs of activities and services for which the fee is imposed; and

      ‘(3) shall remain available until expended.

    ‘(g) REFUNDS- The Under Secretary may refund any fee paid by mistake or any amount paid in excess of that required.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 449 is amended by adding after the item relating to section 44938 the following:

      ‘44939. Passenger and baggage screening fee.’.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.

    (a) IN GENERAL- Subchapter II of chapter 449 is further amended by adding at the end the following:

‘Sec. 44940. Authorization of appropriations for operations

    ‘(a) OPERATIONS OF TRANSPORTATION SECURITY ADMINISTRATION- There are authorized to be appropriated such sums as may be necessary for the operations of the Transportation Security Administration, including the functions of the Administration under section 44901(d) if the fees imposed under section 44939 are insufficient to cover the costs of such functions.

    ‘(b) AIRCRAFT SECURITY- There is authorized to be appropriated $500,000,000 to the Secretary of Transportation to make grants to air carriers to (1) modify cockpit doors to deny access from the cabin to the pilots in the cockpit, (2) use video monitors or other devices to alert the cockpit crew to activity in the passenger cabin, and (3) ensure continuous operation of the aircraft transponder in the event the crew faces an emergency. Such sums shall remain available until expended.

    ‘(c) AIRPORT SECURITY- There is authorized to be appropriated $500,000,000 for fiscal year 2002 to the Secretary to reimburse airport operators for direct costs that such operators incurred to comply with new, additional, or revised security requirements imposed on airport operators by the Federal Aviation Administration on or after September 11, 2001. Such sums shall remain available until expended.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 449 is amended by adding after the item relating to section 44939 the following:

      ‘44940. Authorization of appropriations for operations.’.

    (c) SECURITY FACILITY FEES- Section 40117 is amended by adding at the end the following:

    ‘(l) INCREASED SECURITY-

      ‘(1) IN GENERAL- The Secretary may authorize an eligible agency to impose an additional security facility fee of up to $1 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls, to reimburse the agency for direct costs the agency incurs to comply with new, additional, or revised security requirements imposed on airport operators by the Federal Aviation Administration on and after September 11, 2001.

      ‘(2) PROCEDURES- Notwithstanding any provisions of this section, the Secretary shall develop special procedures for approval of any application under this subsection which will promptly authorize a fee under this subsection if there is a reasonable basis for concluding that an agency is likely to incur increased costs for security requirements which justify the fee.’.

SEC. 13. TRANSPORTATION SECURITY OVERSIGHT BOARD.

    (a) IN GENERAL- Chapter 449 is amended by adding at the end the following:

‘SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD

‘Sec. 44951. Transportation Security Oversight Board

    ‘(a) IN GENERAL- There is established a board to be known as a ‘Transportation Security Oversight Board’.

    ‘(b) MEMBERSHIP-

      ‘(1) NUMBER AND APPOINTMENT- The Board shall be composed of 5 members as follows:

        ‘(A) The Secretary of Transportation (or the Secretary’s designee).

        ‘(B) The Attorney General (or the Attorney General’s designee).

        ‘(C) The Secretary of the Treasury (or the Secretary’s designee).

        ‘(D) The Secretary of Defense (or the Secretary’s designee).

        ‘(E) One member appointed by the President to represent the National Security Council or the Office of Homeland Security.

      ‘(2) CHAIRPERSON- The Chairperson of the Board shall be the Secretary of Transportation.

    ‘(c) DUTIES- The Board shall--

      ‘(1) review any regulation or security directive issued by the Under Secretary of Transportation for security under section 114(h)(4) within 30 days after the date of issuance of such regulation or directive;

      ‘(2) share intelligence information with the Under Secretary;

      ‘(3) review--

        ‘(A) plans for transportation security;

        ‘(B) standards established for performance of airport security screening personnel;

        ‘(C) compensation being paid to airport security screening personnel;

        ‘(D) procurement of security equipment;

        ‘(E) selection, performance, and compensation of senior executives in the Transportation Security Administration; and

        ‘(F) budget requests of the Under Secretary; and

      ‘(4) make recommendations to the Under Secretary regarding matters reviewed under paragraph (3).

    ‘(d) QUARTERLY MEETINGS- The Board shall meet at least quarterly.

    ‘(e) CONSIDERATION OF SECURITY INFORMATION- A majority of the Board may vote to close a meeting of the Board to the public when classified security information will be discussed.

‘Sec. 44952. Advisory council

    ‘(a) ESTABLISHMENT- The Under Secretary of Transportation for Security shall establish an advisory council to be known as the ‘Transportation Security Advisory Council’.

    ‘(b) MEMBERSHIP- The Council shall be composed of members appointed by the Under Secretary to represent all modes of transportation, transportation labor, organizations representing families of victims of transportation disasters, and other entities affected or involved in the transportation security process.

    ‘(c) DUTIES- The Council shall provide advice and counsel to the Under Secretary on issues which affect or are affected by the operations of the Transportation Security Administration. The Council shall function as a resource for management, policy, spending, and regulatory matters under the jurisdiction of the Transportation Security Administration.

    ‘(d) ADMINISTRATIVE MATTERS-

      ‘(1) MEETINGS- The Council shall meet on a regular and periodic basis or at the call of the Chairperson or the Under Secretary.

      ‘(2) ACCESS TO DOCUMENTS AND STAFF- The Under Secretary may give the Council appropriate access to relevant documents and personnel of the Administration, and the Under Secretary shall make

available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the ‘Freedom of Information Act’), cost data associated with the acquisition and operation of security screening equipment. Any member of the Council who receives commercial or other proprietary data from the Under Secretary shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.

      ‘(3) CHAIRPERSON AND VICE CHAIRPERSON- The Council shall elect a Chairperson and a Vice Chairperson from among the members, each of whom shall serve for a term of 2 years. The Vice Chairperson shall perform the duties of the Chairperson in the absence of the Chairperson.

      ‘(4) TRAVEL AND PER DIEM- Each member of the Council shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5.

      ‘(5) DETAIL OF PERSONNEL FROM THE ADMINISTRATION- The Under Secretary shall make available to the Council such staff, information, and administrative services and assistance as may reasonably be required to enable the Council to carry out its responsibilities under this section.

    ‘(e) FEDERAL ADVISORY COMMITTEE ACT NOT TO APPLY- The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Council.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 449 is amended by adding at the end the following:

‘SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD

      ‘44951. Transportation Security Oversight Board.

      ‘44952. Advisory council.’.

SEC. 14. AUTHORITY OF THE INSPECTOR GENERAL.

    (a) IN GENERAL- As provided by the Inspector General Act (5 U.S.C. App.) and other applicable statutes, the Inspector General of the Department of Transportation (in addition such other authority as the Inspector General may have) shall have authority to conduct the following:

      (1) Audits of the Transportation Security Administration’s programs, operations, and activities.

      (2) Criminal investigations of alleged violations of Federal laws or Department of Transportation regulations pertaining to aviation and other modes of transportation security.

      (3) Investigations into waste, fraud, abuse, and any other allegations involving wrongdoing within the Administration.

    (b) REPORT- Not later than 1 year after the date of enactment of this Act, and periodically thereafter, the Inspector General shall report to Congress on the implementation, efficiency, and effectiveness of the Administration’s programs, operations, and activities. The report shall focus on the Administration’s main programs and contain recommendations, as necessary, for further legislation.

SEC. 15. TECHNICAL CORRECTION.

    Section 106(a) of the Air Transportation Safety and System Stabilization Act (P.L. 107-42) is amended by striking ‘February 1, 2001’ and inserting ‘February 1, 2002’.

SEC. 16. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.

    Chapter 451 is amended--

      (1) by striking ‘contract personnel’ each place it appears and inserting ‘personnel’;

      (2) by striking ‘contract employee’ each place it appears and inserting ‘employee’;

      (3) in section 45106(c) by striking ‘contract employees’ and inserting ‘employees’;

      (4) by inserting after section 45106 the following:

‘Sec. 45107. Transportation security administration

    ‘(a) TRANSFER OF FUNCTIONS RELATING TO TESTING PROGRAMS WITH RESPECT TO AIRPORT SECURITY SCREENING PERSONNEL- The authority of the Administrator of the Federal Aviation Administration under this chapter with respect to programs relating to testing of airport security screening personnel are transferred to the Under Secretary of Transportation for Security. Notwithstanding section 45102(a), the regulations prescribed under section 45102(a) shall require testing of such personnel by their employers instead of by air carriers and foreign air carriers.

    ‘(b) APPLICABILITY OF CHAPTER WITH RESPECT TO EMPLOYEES OF ADMINISTRATION- The provisions of this chapter that apply with respect to employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions shall apply with respect to employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions. The Under Secretary of Transportation for Security, the Transportation Security Administration, and employees of the Transportation Security Administration whose duties include responsibility for security-sensitive functions shall be subject to and comply with such provisions in the same manner and to the same extent as the Administrator of the Federal Aviation Administration, the Federal Aviation Administration, and employees of the Federal Aviation Administration whose duties include responsibility for safety-sensitive functions, respectively.’; and

      (5) in the analysis for such chapter by inserting after the item relating to section 45106 the following:

      ‘45107. Transportation Security Administration’.

SEC. 17. CONFORMING AMENDMENTS TO SUBTITLE VII.

    (a) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS- Part A of subtitle VII is amended--

      (1) by moving subsections (f), (g), and (h) of section 44936 from section 44936, inserting them at the end of section 44703, and redesignating them as subsections (h), (i), and (j), respectively; and

      (2) in subsections (i) and (j) of section 44703 (as moved to the end of section 44703 by paragraph (1) of this subsection), by striking ‘subsection (f)’ each place it appears and inserting ‘subsection (h)’.

    (b) INVESTIGATIONS AND PROCEDURES- Chapter 461 is amended--

      (1) in each of sections 46101(a)(1), 46102(a), 46103(a), 46104(a), 46105(a), 46106, 46107(b), and

46110(a) by inserting after ‘(or’ the following: ‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’;

      (2) by striking ‘or Administrator’ each place it appears and inserting ‘, Under Secretary, or Administrator’;

      (3) in section 46101(a)(2) by striking ‘of Transportation or the’ and inserting ‘, Under Secretary, or’;

      (4) in section 46102(b) by striking ‘and the Administrator’ and inserting ‘, the Under Secretary, and the Administrator’;

      (5) in section 46102(c) by striking ‘and Administrator’ each place it appears and inserting ‘, Under Secretary, and Administrator’;

      (6) in each of sections 46102(d) and 46104(b) by inserting ‘the Under Secretary,’ after ‘Secretary,’;

      (7) in the heading to section 46106 by striking ‘Secretary of Transportation and Administrator of the Federal Aviation Administration’ and inserting ‘Department of Transportation’; and

      (8) in the item relating to section 46106 of the analysis for such chapter by striking ‘Secretary of Transportation and Administrator of the Federal Aviation Administration’ and inserting ‘Department of Transportation’.

    (c) ADMINISTRATIVE- Section 40113 is amended--

      (1) in subsection (a)--

        (A) by inserting after ‘(or’ the following: ‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’; and

        (B) by striking ‘or Administrator’ and inserting ‘, Under Secretary, or Administrator’; and

      (2) in subsection (d)--

        (A) by inserting after ‘The’ the following: ‘Under Secretary of Transportation for Security or the’;

        (B) by striking ‘Administration’ the second place it appears and inserting ‘Transportation Security Administration or Federal Aviation Administration, as the case may be,’; and

        (C) by striking ‘the Administrator decides’ and inserting ‘the Under Secretary or Administrator, as the case may be, decides’.

    (d) PENALTIES- Chapter 463 is amended--

      (1) in section 46301(d)(2)--

        (A) by striking ‘, chapter 449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909),’;

        (B) by inserting after the first sentence the following: ‘The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.’; and

        (C) by inserting ‘Under Secretary or’ before ‘Administrator shall’;

      (2) in each of paragraphs (3) and (4) of section 46301(d) by striking ‘Administrator’ each place it appears and inserting ‘Under Secretary or Administrator’;

      (3) in section 46301(d)(8) by striking ‘Administrator’ and inserting ‘Under Secretary, Administrator,’;

      (4) in section 46301(h)(2) by inserting after ‘(or’ the following: ‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’;

      (5) in section 46311--

        (A) by inserting after ‘Transportation,’ the following: ‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary,’;

        (B) by inserting after ‘Secretary,’ each place it appears the following: ‘Under Secretary,’; and

        (C) by striking ‘or Administrator’ each place it appears and inserting ‘, Under Secretary, or Administrator’; and

      (6) in each of sections 46313 and 46316 by inserting after ‘(or’ the following: ‘the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or’.