H.R. 3165 (107th): Aviation Security Act, II

107th Congress, 2001–2002. Text as of Oct 24, 2001 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3165 IH

107th CONGRESS

1st Session

H. R. 3165

To enhance the safety and security of the civil air transportation system.

IN THE HOUSE OF REPRESENTATIVES

October 24, 2001

Mr. GANSKE (for himself and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To enhance the safety and security of the civil air transportation system.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Aviation Security Act, II’.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--AVIATION SECURITY

      Sec. 101. Findings.

      Sec. 102. Transportation security function.

      Sec. 103. Aviation Security Coordination Council.

      Sec. 104. Improved flight deck integrity measures.

      Sec. 105. Deployment of Federal air marshals.

      Sec. 106. Improved airport perimeter access security.

      Sec. 107. Enhanced anti-hijacking training for flight crews.

      Sec. 108. Passenger and property screening.

      Sec. 109. Training and employment of security screening personnel.

      Sec. 110. Research and development.

      Sec. 111. Flight school security.

      Sec. 112. Report to Congress on security.

      Sec. 113. General aviation and air charters.

      Sec. 114. Increased penalties for interference with security personnel.

      Sec. 115. Security-related study by FAA.

      Sec. 116. Air transportation arrangements in certain States.

      Sec. 117. Airline computer reservation systems.

      Sec. 118. Security funding.

      Sec. 119. Increased funding flexibility for aviation security.

      Sec. 120. Authorization of funds for reimbursement of airports for security mandates.

      Sec. 121. Encouraging airline employees to report suspicious activities.

      Sec. 122. Less-than-lethal weaponry for flight deck crews.

      Sec. 123. Mail and freight waivers.

      Sec. 124. Safety and security of on-board supplies.

      Sec. 125. Flight deck security.

      Sec. 126. Amendments to airmen registry authority.

      Sec. 127. Results-based management.

      Sec. 128. Use of facilities.

      Sec. 129. Report on national air space restrictions put in place after terrorist attacks that remain in place.

      Sec. 130. Voluntary provision of emergency services during commercial flights.

      Sec. 131. Enhanced security for aircraft.

      Sec. 132. Implementation of certain detection technologies.

      Sec. 133. Report on new responsibilities of the Department of Justice for aviation security.

      Sec. 134. Definitions.

TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

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

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

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

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

Subtitle C--Research and Development of Aviation Security Technology

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

TITLE I--AVIATION SECURITY

SEC. 101. FINDINGS.

    The Congress finds the following:

      (1) The safety and security of the civil air transportation system is critical to the United States’ security and its national defense.

      (2) A safe and secure United States civil air transportation system is essential to the basic freedom of Americans to move in intrastate, interstate, and international transportation.

      (3) The terrorist hijackings and crashes of passenger aircraft on September 11, 2001, converting civil aircraft into guided bombs for strikes against

civilian and military targets requires the United States to change fundamentally the way it approaches the task of ensuring the safety and security of the civil air transportation system.

      (4) The existing fragmentation of responsibility for that safety and security among government agencies and between government and nongovernment entities is inefficient and unacceptable in light of the hijackings and crashes on September 11, 2001.

      (5) The General Accounting Office has recommended that security functions and security personnel at United States airports should become a Federal government responsibility.

      (6) Although the number of Federal air marshals is classified, their presence on both international and domestic flights would have a deterrent effect on hijacking and would further bolster public confidence in the safety of air travel.

      (7) The effectiveness of existing security measures, including employee background checks and passenger pre-screening, is impaired because of the inaccessibility of, or the failure to share information among, data bases maintained by different Federal and international agencies for criminal behavior or pertinent intelligence information.

SEC. 102. TRANSPORTATION SECURITY FUNCTION.

    (a) IN GENERAL- Section 102 of title 49, United States Code, is amended--

      (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g); and

      (2) by inserting after subsection (c) the following:

    ‘(d) Deputy Secretary for Transportation Security-

      ‘(1) IN GENERAL- The Department has a Deputy Secretary for Transportation Security, who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary for Transportation Security shall carry out duties and powers prescribed by the Secretary relating to security for all modes of transportation.

      ‘(2) AVIATION-RELATED DUTIES- The Deputy Secretary--

        ‘(A) shall coordinate and direct, as appropriate, the functions and responsibilities of the Secretary of Transportation and the Administrator of the Federal Aviation Administration under chapter 449;

        ‘(B) shall work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations; and

        ‘(C) shall actively cooperate and coordinate with the Attorney General, the Secretary of Defense, and the heads of other appropriate Federal agencies and departments with responsibilities for national security and criminal justice enforcement activities that are related to aviation security through the Aviation Security Coordination Council.

      ‘(3) NATIONAL EMERGENCY RESPONSIBILITIES- Subject to the direction and control of the Secretary, the Deputy Secretary shall have the following responsibilities:

        ‘(A) To coordinate domestic transportation during a national emergency, including aviation, rail, and other surface transportation, and maritime transportation (including port security).

        ‘(B) To coordinate and oversee during a national emergency the transportation-related responsibilities of other departments and agencies of the Federal Government other than the Department of Defense and the military departments.

        ‘(C) To establish uniform national standards and practices for transportation during a national emergency.

        ‘(D) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation during a national emergency.

        ‘(E) To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as the Secretary of Transportation shall prescribe.

      ‘(4) RELATIONSHIP TO OTHER TRANSPORTATION AUTHORITY- The authority of the Deputy Secretary under paragraph (3) to coordinate and oversee transportation and transportation-related responsibilities during a national emergency shall not supersede the authority of any other department or agency of the Federal Government under law with respect to transportation or transportation-related

matters, whether or not during a national emergency.

      ‘(5) ANNUAL REPORT- The Deputy Secretary shall submit to the Congress on an annual basis a report on the activities of the Deputy Secretary under paragraph (3) during the preceding year.

      ‘(6) NATIONAL EMERGENCY- The Secretary of Transportation shall prescribe the circumstances constituting a national emergency for purposes of paragraph (3).’.

    (b) ATTORNEY GENERAL RESPONSIBILITIES- The Attorney General of the United States--

      (1) is responsible for day-to-day Federal security screening operations for passenger air transportation or intrastate air transportation under sections 44901 and 44935 of title 49, United States Code;

      (2) shall work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations;

      (3) is responsible for hiring and training personnel to provide security screening at all United States airports involved in passenger air transportation or intrastate air transportation, in consultation with the Secretary of Transportation, the Secretary of Defense, and the heads of other appropriate Federal agencies and departments; and

      (4) shall actively cooperate and coordinate with the Secretary of Transportation, the Secretary of Defense, and the heads of other appropriate Federal agencies and departments with responsibilities for national security and criminal justice enforcement activities that are related to aviation security through the Aviation Security Coordination Council.

    (c) REVIEW AND DEVELOPMENT OF WAYS TO STRENGTHEN SECURITY- Section 44932(c) of title 49, United States Code, is amended--

      (1) by striking ‘x-ray’ in paragraph (4);

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

      (3) by striking ‘passengers.’ in paragraph (5) and inserting ‘passengers;’; and

      (4) by adding at the end the following:

      ‘(6) to strengthen and enhance the ability to detect nonexplosive weapons, such as biological, chemical, or similar substances; and

      ‘(7) to evaluate such additional measures as may be appropriate to enhance physical inspection of passengers, luggage, and cargo.’.

    (d) TRANSITION- Until the Deputy Secretary for Transportation Security takes office, the functions of the Deputy Secretary that relate to aviation security shall be carried out by the Assistant Administrator for Civil Aviation Security of the Federal Aviation Administration.

SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.

    (a) IN GENERAL- Section 44911 of title 49, United States Code, is amended by adding at the end the following:

    ‘(f) Aviation Security Coordination Council-

      ‘(1) IN GENERAL- There is established an Aviation Security Coordination Council.

      ‘(2) FUNCTION- The Council shall work with the intelligence community to coordinate intelligence, security, and criminal enforcement activities affecting the safety and security of aviation at all United States airports and air navigation facilities involved in air transportation or intrastate air transportation.

      ‘(3) CHAIR- The Council shall be chaired by the Secretary of Transportation or the Secretary’s designee.

      ‘(4) MEMBERSHIP- The members of the Council are:

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

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

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

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

        ‘(E) The Director of the Central Intelligence Agency, or the Director’s designee.

        ‘(F) The head, or an officer or employee designated by the head, of any other Federal agency the participation of which is determined by the Secretary of Transportation, in consultation with the Attorney General, to be appropriate.

    ‘(g) CROSS-CHECKING DATA BASE INFORMATION- The Secretary of Transportation, acting through the Aviation Security Coordination Council, shall--

      ‘(1) explore the technical feasibility of developing a common database of individuals who may pose a threat to aviation or national security;

      ‘(2) enter into memoranda of understanding with other Federal agencies to share or otherwise cross-check data on such individuals identified on

Federal agency data bases, and may utilize other available data bases as necessary; and

      ‘(3) evaluate and assess technologies in development or use at Federal departments, agencies, and instrumentalities that might be useful in improving the safety and security of aviation in the United States.’.

    (b) POLICIES AND PROCEDURES- Section 44911(b) of title 49, United States Code, is amended by striking ‘international’.

    (c) STRATEGIC PLANNING- Section 44911(c) of title 49, United States Code, is amended by striking ‘consider placing’ and inserting ‘place’.

SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

    (a) IN GENERAL- As soon as possible after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall--

      (1) issue an order (without regard to the provisions of chapter 5 of title 5, United States Code)--

        (A) prohibiting access to the flight deck of aircraft engaged in passenger air transportation or intrastate air transportation except to authorized personnel;

        (B) requiring the strengthening of the flight deck door and locks on any such aircraft operating in air transportation or intrastate air transportation that has a rigid door in a bulkhead between the flight deck and the passenger area to ensure that the door cannot be forced open from the passenger compartment;

        (C) requiring that such flight deck doors remain locked while any such aircraft is in flight except when necessary to permit the flight deck crew access and egress; and

        (D) prohibiting the possession of a key to any such flight deck door by any member of the flight crew who is not assigned to the flight deck; and

      (2) take such other action, including modification of safety and security procedures, as may be necessary to ensure the safety and security of the aircraft.

    (b) COMMUTER AIRCRAFT- The Administrator shall investigate means of securing, to the greatest feasible extent, the flight deck of aircraft operating in air transportation or intrastate air transportation that do not have a rigid fixed door with a lock between the passenger compartment and the flight deck and issue such an order as the Administrator deems appropriate (without regard to the provisions of chapter 5 of title 5, United States Code) to ensure the inaccessibility, to the greatest extent feasible, of the flight deck while the aircraft is so engaged.

SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

    (a) AIR MARSHALS UNDER ATTORNEY GENERAL GUIDELINES- The Attorney General shall prescribe guidelines for the training and deployment of individuals authorized, with the approval of the Attorney General, to carry firearms and make arrests under section 44903(d) of title 49, United States Code. The Secretary of Transportation shall administer the air marshal program under that section in accordance with the guidelines prescribed by the Attorney General.

    (b) DEPLOYMENT- Section 44903(d) of title 49, United States Code, is amended--

      (1) by inserting ‘(1)’ before ‘With’;

      (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); and

      (3) by adding at the end the following:

    ‘(2) The Secretary--

      ‘(A) may place Federal air marshals on every scheduled passenger flight in air transportation and intrastate air transportation; and

      ‘(B) shall place them on every such flight determined by the Secretary to present high security risks.

    ‘(3) In making the determination under paragraph (2)(B), nonstop longhaul flights, such as those targeted on September 11, 2001, should be a priority.’.

    (c) TRAINING, SUPERVISION, AND FLIGHT ASSIGNMENT- Within 30 days after the date of enactment of this Act, the Secretary of Transportation, under the authority of subsections (d) and (e) of section 44903 of title 49, United States Code, shall--

      (1) provide for deployment of Federal air marshals on flights in air transportation and intrastate air transportation;

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

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

      (4) require air carriers to provide seating for Federal air marshals on any flight without regard to the availability of seats on that flight.

    (d) INTERNATIONAL FLIGHTS- The Secretary shall work with the International Civil Aviation Organization and with appropriate civil aviation authorities of foreign governments under section 44907 of title 49, United States Code, to address security concerns on flights by foreign air carriers to and from the United States.

    (e) INTERIM MEASURES- The Secretary may, after consultation with the heads of other Federal agencies and departments, use personnel from those agencies and departments to provide air marshal service on domestic and international flights, and may use the authority provided by section 324 of title 49, United States Code, for such purpose.

    (f) Reports-

      (1) IN GENERAL- The Attorney General and the Secretary of Transportation shall submit the following reports in classified form, if necessary, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure:

        (A) Within 18 months after the date of enactment of this Act, an assessment of the program carried out under section 44903(d) of title 49, United States Code.

        (B) Within 120 days after such date, an assessment of the effectiveness of the security screening process for carry-on baggage and checked baggage.

        (C) Within 6 months after the date of enactment of this Act, an assessment of the safety and security-related training provided to flight and cabin crews.

      (2) RECOMMENDATIONS- The Attorney General and the Secretary may submit, as part of any report under this subsection or separately, any recommendations they may have for improving the effectiveness of the Federal air marshal program or the security screening process.

    (g) COOPERATION WITH OTHER AGENCIES- The last sentence of section 106(m) of title 49, United States Code, is amended by striking ‘supplies and’ and inserting ‘supplies, personnel, services, and’.

    (h) AUTHORITY TO APPOINT RETIRED LAW ENFORCEMENT OFFICERS- Notwithstanding any other provision of law, the Secretary of Transportation may appoint an individual who is a retired law enforcement officer or a retired member of the Armed Forces as a Federal air marshal, regardless of age, or an individual discharged or furloughed from a commercial airline cockpit crew position, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals.

SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.

    (a) IN GENERAL- Section 44903 of title 49, United States Code, is amended by adding at the end the following:

    ‘(h) Improved Airport Perimeter Access Security-

      ‘(1) IN GENERAL- The Secretary of Transportation, in consultation with the airport operator and law enforcement authorities, may order the deployment of such personnel at any secure area of the airport as necessary to counter the risk of criminal violence, the risk of aircraft piracy at the airport, the risk to air carrier aircraft operations at the airport, or to meet national security concerns.

      ‘(2) SECURITY OF AIRCRAFT AND GROUND ACCESS TO SECURE AREAS- In determining where to deploy such personnel, the Secretary shall consider the physical security needs of air traffic control facilities, parked aircraft, aircraft servicing equipment, aircraft supplies (including fuel), automobile parking facilities within airport perimeters or adjacent to secured facilities, and access and transition areas at airports served by other means of ground or water transportation. The Secretary of Transportation, after consultation with the Aviation Security Coordination Council, shall consider whether airport, air carrier personnel, and other individuals with access to such areas should be screened to prevent individuals who present a risk to aviation security or national security from gaining access to such areas.

      ‘(3) DEPLOYMENT OF FEDERAL LAW ENFORCEMENT PERSONNEL- The Secretary of Transportation may enter into a memorandum of understanding or other agreement with the Attorney General or the head of any other appropriate Federal law enforcement agency to deploy Federal law enforcement personnel at an airport in order to meet aviation safety and security concerns.’.

    (b) SMALL AND MEDIUM AIRPORTS- The Administrator of the Federal Aviation Administration shall develop a plan to provide technical support to small and medium airports to enhance security operations, including screening operations, and to provide financial assistance to those airports to defray the costs of enhancing security. The Federal Aviation Administration in consultation with the appropriate State or local government law enforcement authorities, shall reexamine the safety requirements for small community airports, to reflect a reasonable level of threat to those individual small community airports, including the parking of passenger vehicles within 300 feet

of the airport terminal building with respect to that airport.

    (c) CHEMICAL AND BIOLOGICAL WEAPON DETECTION- Section 44903(c)(2)(C) of title 49, United States Code, is amended to read as follows:

      ‘(C) MAXIMUM USE OF CHEMICAL AND BIOLOGICAL WEAPON DETECTION EQUIPMENT- The Secretary of Transportation shall require airports to maximize the use of technology and equipment that is designed to detect potential chemical or biological weapons.’.

    (d) IMPROVEMENT OF SECURED-AREA ACCESS CONTROL- Section 44903(g)(2) of title 49, United States Code, is amended--

      (1) by striking ‘weaknesses by January 31, 2001;’ in subparagraph (A) and inserting ‘weaknesses;’;

      (2) by striking subparagraph (D) and inserting the following:

        ‘(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;’;

      (3) by striking ‘program by January 31, 2001;’ in subparagraph (F) and inserting ‘program;’; and

      (4) by striking subparagraph (G) and inserting the following:

        ‘(G) work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.’.

    (e) AIRPORT SECURITY PILOT PROGRAM- Section 44903(c) of title 49, United States Code, is amended by adding at the end the following:

    ‘(3) The Administrator shall establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for providing access control and other security protections for closed or secure areas of the airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.’.

    (f) AIRPORT SECURITY AWARENESS PROGRAMS- The Secretary of Transportation shall require air carriers and airports involved in air transportation or intrastate air transportation to develop security awareness programs for airport employees, ground crews, and other individuals employed at such airports.

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

    (a) IN GENERAL- The Secretary of Transportation shall develop a mandatory air carrier program of training for flight and cabin crews of aircraft providing air transportation or intrastate air transportation in dealing with attempts to commit aircraft piracy (as defined in section 46502(a)(1)(A) of title 49, United States Code). The Secretary shall ensure that the training curriculum is developed in consultation with Federal law enforcement agencies with expertise in terrorism, self-defense, hijacker psychology, and current threat conditions.

    (b) NOTIFICATION PROCEDURES- The Administrator of the Federal Aviation Administration shall revise the procedures by which cabin crews of aircraft can notify flight deck crews of security breaches and other emergencies and implement any new measures as soon as practicable.

SEC. 108. PASSENGER AND PROPERTY SCREENING.

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

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

    ‘(a) IN GENERAL- The Attorney General, in consultation with the Secretary of Transportation, shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard an aircraft in air transportation or intrastate air transportation. The screening shall take place before boarding and, except as provided in subsection (c), shall be carried out by a Federal government employee (as defined in section 2105 of title 5, United States Code). The Attorney General, in consultation with the Secretary, shall provide for the screening of all persons, including airport, air carrier, foreign air carrier, and airport concessionaire employees, before they are allowed into sterile or secure areas of the airport, as determined by the Attorney General. The screening of airport, air carrier, foreign air carrier, and airport concessionaire employees, and other nonpassengers with access to secure areas, shall be conducted in the same

manner as passenger screenings are conducted, except that the Attorney General may authorize alternative screening procedures for personnel engaged in providing airport or aviation security at an airport. In carrying out this subsection, the Attorney General shall maximize the use of available nonintrusive and other inspection and detection technology that is approved by the Administrator of the Federal Aviation Administration for the purpose of screening passengers, baggage, mail, or cargo.

    ‘(b) Deployment of Armed Personnel-

      ‘(1) IN GENERAL- The Attorney General shall order the deployment of law enforcement personnel authorized to carry firearms at each airport security screening location to ensure passenger safety and national security.

      ‘(2) MINIMUM REQUIREMENTS- Except at airports required to enter into agreements under subsection (c), the Attorney General shall order the deployment of at least 1 law enforcement officer at each airport security screening location. At the 100 largest airports in the United States, in terms of annual passenger enplanements for the most recent calendar year for which data are available, the Attorney General shall order the deployment of additional law enforcement personnel at airport security screening locations if the Attorney General determines that the additional deployment is necessary to ensure passenger safety and national security.

    ‘(c) SECURITY AT SMALL COMMUNITY AIRPORTS-

      ‘(1) PASSENGER SCREENING- In carrying out subsection (a) and subsection (b)(1), the Attorney General may require any nonhub airport (as defined in section 41731(a)(4)) or smaller airport with scheduled passenger operations to enter into an agreement under which screening of passengers and property will be carried out by qualified, trained State or local law enforcement personnel if--

        ‘(A) the screening services are equivalent to the screening services that would be carried out by Federal personnel under subsection (a);

        ‘(B) the training and evaluation of individuals conducting the screening or providing security services meets the standards set forth in section 44935 for training and evaluation of Federal personnel conducting screening or providing security services under subsection (a);

        ‘(C) the airport is reimbursed by the United States, using funds made available by the Aviation Security Act, for the costs incurred in providing the required screening, training, and evaluation; and

        ‘(D) the Attorney General has consulted the airport sponsor.

      ‘(2) DETERMINATION OF LIMITED REQUIREMENTS- The Attorney General, in consultation with the Secretary of Transportation, may prescribe modified aviation security measures for a nonhub airport if the Attorney General determines that specific security measures are not required at a nonhub airport at all hours of airport operation because of--

        ‘(A) the types of aircraft that use the airport;

        ‘(B) seasonal variations in air traffic and types of aircraft that use the airport; or

        ‘(C) other factors that warrant modification of otherwise applicable security requirements.

      ‘(3) ADDITIONAL FEDERAL SECURITY MEASURES- At any airport required to enter into a reimbursement agreement under paragraph (1), the Attorney General--

        ‘(A) may provide or require additional security measures;

        ‘(B) may conduct random security inspections; and

        ‘(C) may provide assistance to enhance airport security at that airport.

    ‘(d) Manual Process-

      ‘(1) IN GENERAL- The Attorney General shall require a manual process, at explosive detection system screening locations in airports where explosive detection equipment is underutilized, which will augment the Computer Assisted Passenger Prescreening System by randomly selecting additional checked bags for screening so that a minimum number of bags, as prescribed by the Attorney General, are examined.

      ‘(2) LIMITATION ON STATUTORY CONSTRUCTION- Paragraph (1) shall not be construed to limit the ability of the Attorney General or the Secretary of Transportation to impose additional security measures when a specific threat warrants such additional measures.

      ‘(3) MAXIMUM USE OF EXPLOSIVE DETECTION EQUIPMENT- In prescribing the minimum number of bags to be examined under paragraph (1), the Attorney General shall seek to maximize the use of the explosive detection equipment.

    ‘(e) FLEXIBILITY OF ARRANGEMENTS- In carrying out subsections (a), (b), and (c), the Attorney General may use memoranda of understanding or other agreements with the heads of appropriate Federal law enforcement agencies covering the utilization and deployment of personnel of the Department of Justice or such other agencies.’.

    (b) DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS- Section 512 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century is amended--

      (1) by striking ‘purpose of’ in subsection (b)(1)(A) and inserting ‘purposes of (i)’;

      (2) by striking ‘transportation;’ in subsection (b)(1)(A) and inserting ‘transportation, and (ii) regulate the provisions of security screening services under section 44901(c) of title 49, United States Code;’;

      (3) by striking ‘NOT FEDERAL RESPONSIBILITY’ in the heading of subsection (b)(3)(b);

      (4) by striking ‘shall not be responsible for providing’ in subsection (b)(3)(B) and inserting ‘may provide’;

      (5) by striking ‘flight.’ in subsection (c)(2) and inserting ‘flight and security screening functions under section 44901(c) of title 49, United States Code.’;

      (6) by striking ‘General’ in subsection (e) and inserting ‘General, in consultation with the Secretary of Transportation,’; and

      (7) by striking subsection (f).

    (c) TRANSITION- The Attorney General shall complete the full implementation of section 44901 of title 49, United States Code, as amended by subsection (a), as soon as is practicable but in no event later than 9 months after the date of enactment of this Act. The Attorney General may make or continue such arrangements, including arrangements under the authority of sections 40110 and 40111 of that title, for the screening of passengers and property under that section as the Attorney General determines necessary pending full implementation of that section as so amended.

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

    (a) IN GENERAL- Section 44935 of title 49, United States Code, is amended--

      (1) by redesignating subsection (f) as subsection (i); and

      (2) by striking subsection (e) and inserting the following:

    ‘(e) Security Screeners-

      ‘(1) TRAINING PROGRAM- The Attorney General, in consultation with the Secretary of Transportation, shall establish a program for the hiring and training of security screening personnel.

      ‘(2) Hiring-

        ‘(A) QUALIFICATIONS- The Attorney General shall establish, within 30 days after the date of enactment of the Aviation Security Act, qualification standards for individuals to be hired by the United States as security screening personnel. Notwithstanding any provision of law to the contrary, those standards shall, at a minimum, require an individual--

          ‘(i) to have a satisfactory or better score on a Federal security screening personnel selection examination;

          ‘(ii) to have been a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), for a minimum of 5 consecutive years;

          ‘(iii) to have passed an examination for recent consumption of a controlled substance;

          ‘(iv) to meet, at a minimum, the requirements set forth in subsection (f); and

          ‘(v) to meet such other qualifications as the Attorney General may establish.

        ‘(B) BACKGROUND CHECKS- The Attorney General shall require that an individual to be hired as a security screener undergo an employment investigation (including a criminal history record check) under section 44936(a)(1).

        ‘(C) DISQUALIFICATION OF INDIVIDUALS WHO PRESENT NATIONAL SECURITY RISKS- The Attorney General, in consultation with the heads of other appropriate Federal agencies, shall establish procedures, in addition to any background check conducted under section 44936, to ensure that no individual who presents a threat to national security is employed as a security screener.

      ‘(3) EXAMINATION; REVIEW OF EXISTING RULES- The Attorney General shall develop a security screening personnel examination for use in determining the qualification of individuals seeking employment as security screening personnel. The Attorney General shall also review, and revise as necessary, any standard, rule, or regulation governing the employment of individuals as security screening personnel.

    ‘(f) Employment Standards for Screening Personnel-

      ‘(1) SCREENER REQUIREMENTS- Notwithstanding any provision of law to the contrary, an individual may not be employed as a security screener unless that individual meets the following requirements:

        ‘(A) The individual shall possess a high school diploma, a General Equivalency Diploma, or experience that the Attorney General has determined to have equipped the individual to perform the duties of the position.

        ‘(B) The individual shall possess basic aptitudes and physical abilities including color perception, visual and aural acuity, physical coordination, and motor skills to the following standards:

          ‘(i) Screeners operating screening equipment shall be able to distinguish on the screening equipment monitor the appropriate imaging standard specified by the Attorney General. Wherever the screening equipment system displays colors, the operator shall be able to perceive each color.

          ‘(ii) Screeners operating any screening equipment shall be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies.

          ‘(iii) Screeners shall be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint environment.

          ‘(iv) Screeners performing physical searches or other related operations shall be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing.

          ‘(v) Screeners who perform pat-downs or hand-held metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct those procedures over a individual’s entire body.

        ‘(C) The individual shall be able to read, speak, and write English well enough to--

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

          ‘(ii) read English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process;

          ‘(iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and

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

        ‘(D) The individual shall have satisfactorily completed all initial, recurrent, and appropriate specialized training required by the security program, except as provided in paragraph (2).

      ‘(2) EXCEPTIONS- An individual who has not completed the training required by this section may be employed during the on-the-job portion of training to perform functions if that individual--

        ‘(A) is closely supervised; and

        ‘(B) does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection.

      ‘(3) REMEDIAL TRAINING- No individual employed as a security screener may perform a screening function after that individual has failed an operational test related to that function until that individual has successfully completed the remedial training specified in the security program.

      ‘(4) ANNUAL PROFICIENCY REVIEW- The Attorney General shall provide that an annual evaluation of each individual assigned screening duties is conducted and documented. An individual employed as a security screener may not continue to be employed in that capacity unless the evaluation demonstrates that the individual--

        ‘(A) continues to meet all qualifications and standards required to perform a screening function;

        ‘(B) has a satisfactory record of performance and attention to duty based on the standards and requirements in the security program; and

        ‘(C) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.

      ‘(5) OPERATIONAL TESTING- In addition to the annual proficiency review conducted under paragraph (4), the Attorney General shall provide for the operational testing of such personnel.

    ‘(g) Training-

      ‘(1) USE OF OTHER AGENCIES- The Attorney General shall enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of security screening personnel.

      ‘(2) TRAINING PLAN- The Attorney General shall, within 60 days after the date of enactment of the Aviation Security Act, develop a plan for the training of security screening personnel. The plan shall, at a minimum, require that before being deployed as a security screener, an individual--

        ‘(A) has completed 40 hours of classroom instruction or successfully completed a program that the Attorney General determines will train individuals to a level of proficiency equivalent to the level that would be achieved by such classroom instruction;

        ‘(B) has completed 60 hours of on-the-job instruction; and

        ‘(C) has successfully completed an on-the-job training examination prescribed by the Attorney General.

      ‘(3) EQUIPMENT-SPECIFIC TRAINING- An individual employed as a security screener may not use any security screening device or equipment in the scope of that individual’s employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the device or equipment.

    ‘(h) TECHNOLOGICAL TRAINING- The Attorney General shall require training to ensure that screeners are proficient in using the most up-to-date new technology and to ensure their proficiency in recognizing new threats and weapons. The Attorney General shall make periodic assessments to determine if there are dual use items and inform security screening personnel of the existence of such items. Current lists of dual use items shall be part of the ongoing training for screeners. For purposes of this subsection, the term ‘dual use’ item means an item that may seem harmless but that may be used as a weapon.’.

    (b) Conforming Amendments-

      (1) Section 44936(a)(1)(A) is amended by inserting ‘as a security screener under section 44935(e) or a position’ after ‘a position’.

      (2) Section 44936(b) of title 49, United States Code, is amended--

        (A) by inserting ‘the Attorney General,’ after ‘subsection,’ in paragraph (1); and

        (B) by striking ‘An’ in paragraph (3) and inserting ‘The Attorney General, an’.

      (3) Section 44936(a)(1)(E) is amended by striking clause (iv).

    (c) TRANSITION- The Attorney General shall complete the full implementation of section 44935 (e), (f), (g), and (h) of title 49, United States Code, as amended by subsection (a), as soon as is practicable. The Attorney General may make or continue such arrangements for the training of security screeners under that section as the Attorney General determines necessary pending full implementation of that section as so amended.

    (d) SCREENER PERSONNEL- Notwithstanding any other provision of law, the Attorney General may employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Attorney General determines to be necessary to carry out the passenger security screening functions of the Attorney General under section 44901 of title 49, United States Code.

    (e) STRIKES PROHIBITED- An individual employed as a security screener under section 44901 of title 49, United States Code, is prohibited from participating in a strike or asserting the right to strike pursuant to section 7311(3) or 7116(b)(7) of title 5, United States Code.

    (f) Background Checks for Existing Employees-

      (1) IN GENERAL- Section 44936 of title 49, United States Code, is amended by inserting ‘is or’ before ‘will’ in subsection (a)(1)(B)(i).

      (2) EFFECTIVE DATE- The amendments made by paragraph (1) apply with respect to individuals employed on or after the date of enactment of the Aviation Security Act in a position described in subparagraph (A) or (B) of section 44936(a)(1) of title 49, United States Code. The Secretary of Transportation may provide by order for a phased-in implementation of the requirements of section 44936 of that title made applicable to individuals employed in such positions at airports on the date of enactment of this Act.

SEC. 110. RESEARCH AND DEVELOPMENT.

    (a) IN GENERAL- Section 44912(b)(1) of title 49, United States Code, is amended--

      (1) by striking ‘complete an intensive review of’ and inserting ‘periodically review’;

      (2) by striking ‘commercial aircraft in service and expected to be in service in the 10-year period beginning on November 16, 1990;’ in subparagraph (B) and inserting ‘aircraft in air transportation;’; and

      (3) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively, and inserting after subparagraph (C) the following:

        ‘(D) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport;’.

    (b) ADDITIONAL MATTERS REGARDING RESEARCH AND DEVELOPMENT-

      (1) ADDITIONAL PROGRAM REQUIREMENTS- Subsection (a) of section 44912 of title 49, United States Code, is amended--

        (A) by redesignating paragraph (4) as paragraph (5); and

        (B) by inserting after paragraph (3) the following new paragraph (4):

    ‘(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect to security technology under the program.

    ‘(B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology under the program.

    ‘(C) The individual designated under subparagraph (A) shall, on an annual basis, submit to the Research, Engineering and Development Advisory Committee a report on activities under this paragraph during the preceding year. Each report shall include, for the year covered by such report, information on--

      ‘(i) progress made in engineering, research, and development with respect to security technology;

      ‘(ii) the allocation of funds for engineering, research, and development with respect to security technology; and

      ‘(iii) engineering, research, and development with respect to any technologies drawn from other agencies, including the rationale for engineering, research, and development with respect to such technologies.’.

      (2) REVIEW OF THREATS- Subsection (b)(1) of that section is amended--

        (A) by redesignating subparagraphs (A) through (F) as subparagraphs (B) through (G), respectively; and

        (B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):

      ‘(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including--

        ‘(i) the destruction, commandeering, or diversion of civil aircraft or the use of civil aircraft as a weapon; and

        ‘(ii) the disruption of civil aviation service, including by cyber attack;’.

      (3) SCIENTIFIC ADVISORY PANEL- Subsection (c) of that section is amended to read as follows:

    ‘(c) SCIENTIFIC ADVISORY PANEL- (1) The Administrator shall establish a scientific advisory panel, as a subcommittee of the Research, Engineering, and Development Advisory Committee, to review, comment on, advise the progress of, and recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft, commercial aviation facilities, commercial aviation personnel and passengers, and other components of the commercial aviation system by the next generation of terrorist weapons.

    ‘(2)(A) The advisory panel shall consist of individuals who have scientific and technical expertise in--

      ‘(i) the development and testing of effective explosive detection systems;

      ‘(ii) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective explosive detection technology must be capable of detecting;

      ‘(iii) technologies involved in minimizing airframe damage to aircraft from explosives; and

      ‘(iv) other scientific and technical areas the Administrator considers appropriate.

    ‘(B) In appointing individuals to the advisory panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate.

    ‘(3) The Administrator shall organize the advisory panel into teams capable of undertaking the review of policies and technologies upon request.

    ‘(4) Not later than 90 days after the date of the enactment of the Aviation Security Act, and every two years thereafter, the Administrator shall review the composition of the advisory panel in order to ensure that the expertise of the individuals on the panel is suited to the current and anticipated duties of the panel.’.

    (c) COORDINATION WITH ATTORNEY GENERAL- Section 44912(b) of title 49, United States Code, is amended by adding at the end the following:

    ‘(3) Beginning on the date of enactment of the Aviation Security Act, the Administrator shall conduct all research related to screening technology and procedures in conjunction with the Attorney General.’.

SEC. 111. FLIGHT SCHOOL SECURITY.

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

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

    ‘(a) PROHIBITION- No person subject to regulation under this part may provide training in the operation of any jet-propelled aircraft to any alien (or other individual specified by the Secretary of Transportation under this section) within the United States unless the Attorney General issues to that person a certification of the completion of a background investigation of the alien or other individual under subsection (b).

    ‘(b) Investigation-

      ‘(1) REQUEST- Upon the joint request of a person subject to regulation under this part and an alien (or individual specified by the Secretary) for the purposes of this section, the Attorney General shall--

        ‘(A) carry out a background investigation of the alien or individual within 30 days after the Attorney General receives the request; and

        ‘(B) upon completing the investigation, issue a certification of the completion of the investigation to the person.

      ‘(2) SCOPE- A background investigation of an alien or individual under this subsection shall consist of the following:

        ‘(A) A determination of whether there is a record of a criminal history for the alien or individual and, if so, a review of the record.

        ‘(B) A determination of the status of the alien under the immigration laws of the United States.

        ‘(C) A determination of whether the alien or individual presents a national security risk to the United States.

      ‘(3) RECURRENT TRAINING- The Attorney General shall develop expedited procedures for requests that relate to recurrent training of an alien or other individual for whom a certification has previously been issued under paragraph (1).

    ‘(c) SANCTIONS- A person who violates subsection (a) shall be subject to administrative sanctions that the Secretary of Transportation shall prescribe in regulations. The sanctions may include suspension and revocation of licenses and certificates issued under this part.

    ‘(d) COVERED TRAINING- For the purposes of subsection (a), training includes in-flight training, training in a simulator, and any other form or aspect of training.

    ‘(e) REPORTING REQUIREMENT- Each person subject to regulation under this part that provides training in the operation of any jet-propelled aircraft shall report to the Secretary of Transportation, at such time and in such manner as the Secretary may prescribe, the name, address, and such other information as the Secretary may require concerning--

      ‘(1) each alien to whom such training is provided; and

      ‘(2) every other individual to whom such training is provided as the Secretary may require.

    ‘(f) ALIEN DEFINED- In this section, the term ‘alien’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘44939. Training to operate jet-propelled aircraft.’.

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

SEC. 112. REPORT TO CONGRESS ON SECURITY.

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

SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

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

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

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

‘Sec. 46503. Interference with security screening personnel

    ‘An individual in an area within a commercial service airport in the United States who, by assaulting or intimidating a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault, intimidation, or interference, the individual may be imprisoned for any term of years or life imprisonment.’.

    (b) CONFORMING AMENDMENT- The chapter analysis for chapter 465 of such title is amended by inserting after the item relating to section 46502 the following:

      ‘46503. Interference with security screening personnel’.

SEC. 115. SECURITY-RELATED STUDY BY FAA.

    Within 120 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report setting forth the Administrator’s findings and recommendations on the following aviation security-related issues:

      (1) A requirement that individuals employed at an airport with scheduled passenger service, and law enforcement personnel at such an airport, be screened via electronic identity verification or, until such verification is possible, have their identity verified by visual inspection.

      (2) The installation of switches in the cabin for use by cabin crew to notify the flight crew discreetly that there is a security breach in the cabin.

      (3) A requirement that air carriers and airports revalidate all employee identification cards using hologram stickers, through card re-issuance, or through electronic revalidation.

      (4) The updating of the common strategy used by the Administration, law enforcement agencies, air carriers, and flight crews during hijackings to include measures to deal with suicidal hijackers and other extremely dangerous events not currently dealt with by the strategy.

      (5) The use of technology that will permit enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.

SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.

    (a) IN GENERAL- Notwithstanding any provision of section 41309(a) of title 49, United States Code, to the contrary, air carriers providing air transportation on flights which both originate and terminate at points within the same State may file an agreement, request, modification, or cancellation of an agreement within the scope of that section with the Secretary of Transportation upon a declaration by the Governor of the State that such agreement, request, modification, or cancellation is necessary to ensure the continuing availability of such air transportation within that State.

    (b) APPROVAL OF SECRETARY- The Secretary may approve any such agreement, request, modification, or cancellation and grant an exemption under section 41308(c) of title 49, United States Code, to the extent necessary to effectuate such agreement, request, modification, or cancellation, without regard to the provisions of section 41309(b) or (c) of that title.

    (c) PUBLIC INTEREST REQUIREMENT- The Secretary may approve such an agreement, request, modification, or cancellation if the Secretary determines that--

      (1) the State to which it relates has extraordinary air transportation needs and concerns; and

      (2) approval is in the public interest.

    (d) TERMINATION- An approval under subsection (b) and an exemption under section 41308(c) of title 49, United States Code, granted under subsection (b) shall terminate on the earlier of the 2 following dates:

      (1) A date established by the Secretary in the Secretary’s discretion.

      (2) October 1, 2002.

    (e) EXTENSION- Notwithstanding subsection (d), if the Secretary determines that it is in the public interest, the Secretary may extend the termination date under subsection (d)(2) until a date no later than October 1, 2003.

SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

    (a) IN GENERAL- In order to ensure that all airline computer reservation systems maintained by United

States air carriers are secure from unauthorized access by persons seeking information on reservations, passenger manifests, or other non-public information, the Secretary of Transportation shall require all such air carriers to utilize to the maximum extent practicable the best technology available to secure their computer reservation system against such unauthorized access.

    (b) REPORT- The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure on compliance by United States air carriers with the requirements of subsection (a).

SEC. 118. SECURITY FUNDING.

    (a) User Fee for Security Services-

      (1) IN GENERAL- Chapter 481 is amended by adding at the end thereof the following:

‘Sec. 48114. User fee for security services charge

    ‘(a) IN GENERAL- The Secretary of Transportation shall collect a user fee from air carriers. Amounts collected under this section shall be treated as offsetting collections to offset annual appropriations for the costs of providing aviation security services.

    ‘(b) AMOUNT OF FEE- Air carriers shall remit $2.50 for each passenger enplanement.

    ‘(c) USE OF FEES- A fee collected under this section shall be used solely for the costs associated with providing aviation security services and may be used only to the extent provided in advance in an appropriation law.’.

      (2) CLERICAL AMENDMENT- The table of sections for chapter 481 is amended by adding at the end thereof the following:

      ‘48114. User fee for security services’.

      (3) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply with respect to transportation beginning after the date which is 180 days after the date of enactment of this Act.

    (b) Specific Authorization of Appropriations-

      (1) IN GENERAL- Part C of subtitle VII of title 49, United States Code, is amended by adding at the end the following:

‘CHAPTER 483. AVIATION SECURITY FUNDING.

      ‘Sec.

      ‘48301. Aviation security funding

‘Sec. 48301. Aviation security funding

    ‘There are authorized to be appropriated for fiscal years 2002, 2003, and 2004, such sums as may be necessary to carry out chapter 449 and related aviation security activities under this title.’.

      (2) CONFORMING AMENDMENT- The subtitle analysis for subtitle VII of title 49, United States Code, is amended by inserting after the item relating to chapter 482 the following:

48301’.

SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.

    (a) Limited Use of Airport Improvement Program Funds-

      (1) BLANKET AUTHORITY- Notwithstanding any provision of law to the contrary, including any provision of chapter 471 of title 49, United States Code, or any rule, regulation, or agreement thereunder, for fiscal year 2002 the Administrator of the Federal Aviation Administration may permit an airport operator to use amounts made available under that chapter to defray additional direct security-related expenses imposed by law or rule after September 11, 2001, for which funds are not otherwise specifically appropriated or made available under this or any other Act.

      (2) AIRPORT DEVELOPMENT FUNDS- Section 47102(3) of title 49, United States Code, is amended by adding at the end the following:

        ‘(J) after September 11, 2001, and before October 1, 2002, for fiscal year 2002, additional operational requirements, improvement of facilities, purchase and deployment of equipment, hiring, training, and providing appropriate personnel, or an airport or any aviation operator at an airport, that the Secretary determines will enhance and ensure the security of passengers and other persons involved in air travel.’.

      (3) ALLOWABLE COSTS- Section 47110(b)(2) of title 49, United States Code, is amended--

        (A) by striking ‘or’ in subparagraph (B);

        (B) by inserting ‘or’ after ‘executed;’ in subparagraph (C); and

        (C) by adding at the end the following:

        ‘(D) if the cost is incurred after September 11, 2001, for a project described in section 47102(3)(J), and shall not depend upon the date of execution of a grant agreement made under this subchapter;’.

      (4) DISCRETIONARY GRANTS- Section 47115 of title 49, United States Code, is amended by adding at the end the following:

    ‘(i) CONSIDERATIONS FOR PROJECT UNDER EXPANDED SECURITY ELIGIBILITY- In order to assure that funding under this subchapter is provided to the greatest

needs, the Secretary, in selecting a project described in section 47102(3)(J) for a grant, shall consider the nonfederal resources available to sponsor, the use of such nonfederal resources, and the degree to which the sponsor is providing increased funding for the project.’.

      (5) FEDERAL SHARE- Section 47109(a) of title 49, United States Code, is amended--

        (A) by striking ‘and’ in paragraph (3);

        (B) by striking ‘47134.’ in paragraph (4) and inserting ‘47134; and’; and

        (C) by adding at the end the following:

      ‘(5) for fiscal year 2002, 100 percent for a project described in section 47102(3)(J).’.

    (b) APPORTIONED FUNDS- For the purpose of carrying out section 47114 of title 49, United States Code, for fiscal year 2003, the Secretary shall use, in lieu of passenger boardings at an airport during the prior calendar year, the greater of--

      (1) the number of passenger boardings at that airport during 2000; or

      (2) the number of passenger boardings at that airport during 2001.

    (c) EXPEDITED PROCESSING OF SECURITY-RELATED PFC REQUESTS- The Administrator of the Federal Aviation Administration shall, to the extent feasible, expedite the processing and approval of passenger facility fee requests under subchapter I of chapter 471 of title 49, United States Code, for projects described in section 47192(3)(J) of title 49, United States Code.

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

    (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary for fiscal year 2002 to compensate airport operators for eligible security costs.

    (b) REIMBURSABLE COSTS- The Secretary may reimburse an airport operator (from amounts made available for obligation under subsection (a)) for the direct costs incurred by the airport operator in complying with new, additional, or revised security requirements imposed on airport operators by the Federal Aviation Administration on or after September 11, 2001.

    (c) DOCUMENTATION OF COSTS; AUDIT- The Secretary may not reimburse an airport operator under this section for any cost for which the airport operator does not demonstrate to the satisfaction of the Secretary, using sworn financial statements or other appropriate data, that--

      (1) the cost is eligible for reimbursement under subsection (b); and

      (2) the cost was incurred by the airport operator.

    The Inspector General of the Department of Transportation and the Comptroller General of the United States may audit such statements and may request any other information that necessary to conduct such an audit.

    (d) CLAIM PROCEDURE- Within 30 days after the date of enactment of this Act, the Secretary, after consultation with airport operators, shall publish in the Federal Register the procedures for filing claims for reimbursement under this section of eligible costs incurred by airport operators.

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

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

‘Sec. 44940. Immunity for reporting suspicious activities

    ‘(a) IN GENERAL- Any air carrier or foreign air carrier or any employee of an air carrier or foreign air carrier who makes a voluntary disclosure of any suspicious transaction relevant to a possible violation of law or regulation, relating to air piracy, a threat to aircraft or passenger safety, or terrorism, as defined by section 3077 of title 18, United States Code, to any employee or agent of the Department of Transportation, the Department of Justice, any Federal, State, or local law enforcement officer, or any airport or airline security officer shall not be civilly liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, for such disclosure.

    ‘(b) APPLICATION- Subsection (a) shall not apply to--

      ‘(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or

      ‘(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.

‘Sec. 44941. Sharing security risk information

    ‘The Attorney General, in consultation with the Deputy Secretary for Transportation Security and the Director of the Federal Bureau of Investigation, shall establish procedures for notifying the Administrator of the Federal Aviation Administration, and airport or airline security officers, of the identity of persons known or suspected by the Attorney General to pose a risk of air piracy or terrorism or a threat to airline or passenger safety.’.

    (b) REPORT- Not later than 120 days after the date of enactment of this Act, the Attorney General shall report to the Senate Committee on Commerce, Science, and Transportation, the House Committe on Transportation and Infrastructure, and the Judiciary Committees of the Senate and the House of Representatives on the implementation of the procedures required under section 44941 of title 49, United States Code, as added by this section.

    (c) CHAPTER ANALYSIS- The chapter analysis for chapter 449 of title 49, United States Code, is amended by inserting at the end the following:

      ‘44940. Immunity for reporting suspicious activities.

      ‘44941. Sharing security risk information.’.

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

    (a) NATIONAL INSTITUTE OF JUSTICE STUDY- The National Institute of Justice shall assess the range of less-than-lethal weaponry available for use by a flight deck crewmember temporarily to incapacitate an individual who presents a clear and present danger to the safety of the aircraft, its passengers, or individuals on the ground and report its findings and recommendations to the Secretary of Transportation within 90 days after the date of enactment of this Act.

    (b) Section 44903 of title 49, United States Code, is amended by adding at the end the following:

    ‘(h) Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons-

      ‘(1) IN GENERAL- If the Secretary, after receiving the recommendations of the National Institute of Justice, determines, with the approval of the Attorney General and the Secretary of State, that it is appropriate and necessary and would effectively serve the public interest in avoiding air piracy, the Secretary may authorize members of the flight deck crew on any aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon while the aircraft is engaged in providing such transportation.

      ‘(2) USAGE- If the Secretary grants authority under paragraph (1) for flight deck crew members to carry a less-than-lethal weapon while engaged in providing air transportation or intrastate air transportation, the Secretary shall--

        ‘(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and

        ‘(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.’.

SEC. 123. MAIL AND FREIGHT WAIVERS.

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

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

    (a) IN GENERAL- The Secretary of Transportation shall establish procedures to ensure the safety and integrity of all supplies, including catering and passenger amenities, placed aboard aircraft providing passenger air transportation or intrastate air transportation.

    (b) MEASURES- In carrying out subsection (a), the Secretary may require--

      (1) security procedures for suppliers and their facilities;

      (2) the sealing of supplies to ensure easy visual detection of tampering; and

      (3) the screening of personnel, vehicles, and supplies entering secured areas of the airport or used in servicing aircraft.

SEC. 125. FLIGHT DECK SECURITY

    (a) SHORT TITLE- This section may be cited as the ‘Flight Deck Security Act of 2001’.

    (b) FINDINGS- Congress makes the following findings:

      (1) On September 11, 2001, terrorists hijacked four civilian aircraft, crashing two of the aircraft into the towers of the World Trade Center in New York, New York, and a third into the Pentagon outside Washington, District of Columbia.

      (2) Thousands of innocent Americans and citizens of other countries were killed or injured as a result of these attacks, including the passengers and crew of the four aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders.

      (3) These attacks destroyed both towers of the World Trade Center, as well as adjacent buildings, and seriously damaged the Pentagon.

      (4) These attacks were by far the deadliest terrorist attacks ever launched against the United States and, by targeting symbols of America, clearly were intended to intimidate our Nation and weaken its resolve.

      (5) Armed pilots, co-pilots, and flight engineers with proper training will be the last line of defense against terrorist by providing cockpit security and aircraft security.

      (6) Secured doors separating the flight deck from the passenger cabin have been effective in deterring hijackings in other nations and will serve as a deterrent to future contemplated acts of terrorism in the United States.

    (c) AVIATION SAFETY AND THE SUPPRESSION OF TERRORISM BY COMMERCIAL AIRCRAFT-

      (1) POSSESSION OF FIREARMS ON COMMERCIAL FLIGHTS- The Federal Aviation Administration (FAA) is authorized to permit a pilot, co-pilot, or flight engineer of a commercial aircraft who has successfully completed the requirements of paragraph (2), or who is not otherwise prohibited by law from possessing a firearm, from possessing or carrying a firearm approved by the FAA for the protection of the aircraft under procedures or regulations as necessary to ensure the safety and integrity of flight.

      (2) FEDERAL PILOT OFFICERS- (A) In addition to the protections provided by paragraph (1), the FAA shall also establish a voluntary program to train and supervise commercial airline pilots.

      (B) Under the program, the FAA shall make available appropriate training and supervision for all such pilots, which may include training by private entities.

      (C) The power granted to such persons shall be limited to enforcing Federal law in the cockpit of commercial aircraft and, under reasonable circumstances the passenger compartment to protect the integrity of the commercial aircraft and the lives of the passengers.

      (D) The FAA shall make available appropriate training to any qualified pilot who requests such training pursuant to this title.

      (E) The FAA may prescribe regulations for purposes of this section.

    (d) REPORTS TO CONGRESS- Not later than six months after the date of the enactment of this Act, and every six months thereafter, the Secretary of Transportation shall submit to Congress a report on the effectiveness of the requirements in this section in facilitating commercial aviation safety and the suppression of terrorism by commercial aircraft.

SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

    Section 44703(g) of title 49, United States Code, is amended--

      (1) in the first sentence of paragraph (1)--

        (A) by striking ‘pilots’ and inserting ‘airmen’; and

        (B) by striking the period and inserting ‘and related to combating acts of terrorism.’; and

      (2) by adding at the end, the following new paragraphs:

    ‘(3) For purposes of this section, the term ‘acts of terrorism’ means an activity that involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State, and appears to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion or to affect the conduct of a government by assassination or kidnaping.

    ‘(4) The Administrator is authorized and directed to work with State and local authorities, and other Federal agencies, to assist in the identification of individuals applying for or holding airmen certificates.’.

SEC. 127. RESULTS-BASED MANAGEMENT.

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

‘Sec. 44942. Performance Goals and Objectives

    ‘(a) Short Term Transition-

      ‘(1) IN GENERAL- Within 60 days of enactment, the Deputy Secretary for Transportation Security shall, in consultation with Congress--

        ‘(A) establish acceptable levels of performance for aviation security, including screening operations and access control, and

        ‘(B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved.

      ‘(2) BASICS OF ACTION PLAN- The action plan shall clarify the responsibilities of the Department of Transportation, the Federal Aviation Administration and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.

    ‘(b) Long-Term Results-Based Management-

      ‘(1) Performance plan and report-

        ‘(A) PERFORMANCE PLAN- (i) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary and the Deputy Secretary for Transportation Security shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals.

        ‘(ii) In addition to meeting the requirements of GPRA, the performance plan shall clarify the responsibilities of the Secretary, the Deputy Secretary for Transportation Security and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.

        ‘(iii) The performance plan shall be available to the public. The Deputy Secretary for Transportation Security may prepare a nonpublic appendix covering performance goals and indicators that, if revealed to the public, would likely impede achievement of those goals and indicators.

        ‘(B) PERFORMANCE REPORT- (i) Each year, consistent with the requirements of GPRA, the Deputy Secretary for Transportation Security shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan.

        ‘(ii) The performance report shall be available to the public. The Deputy Secretary for Transportation Security may prepare a nonpublic appendix covering performance goals and indicators that, if revealed to the public, would likely impede achievement of those goals and indicators.

‘Sec. 44943. Performance Management System

    ‘(a) ESTABLISHING A FAIR AND EQUITABLE SYSTEM FOR MEASURING STAFF PERFORMANCE- The Deputy Secretary for Transportation Security shall establish a performance management system which strengthens the

organization’s effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan.

    ‘(b) ESTABLISHING MANAGEMENT ACCOUNTABILITY FOR MEETING PERFORMANCE GOALS- (1) Each year, the Secretary and Deputy Secretary for Transportation Security shall enter into an annual performance agreement that shall set forth organizational and individual performance goals for the Deputy Secretary.

    ‘(2) Each year, the Deputy Secretary for Transportation Security and each senior manager who reports to the Deputy Secretary for Transportation Security shall enter into an annual performance agreement that sets forth organization and individual goals for those managers. All other employees hired under the authority of the Deputy Secretary for Transportation Security shall enter into an annual performance agreement that sets forth organization and individual goals for those employees.

    ‘(c) Compensation for the Deputy Secretary for Transportation Security-

      ‘(1) IN GENERAL- The Deputy Secretary for Transportation Security is authorized to be paid at an annual rate of pay payable to level II of the Executive Schedule.

      ‘(2) BONUSES OR OTHER INCENTIVES- In addition, the Deputy Secretary for Transportation Security may receive bonuses or other incentives, based upon the Secretary’s evaluation of the Deputy Secretary’s performance in relation to the goals set forth in the agreement. Total compensation cannot exceed the Secretary’s salary.

    ‘(d) Compensation for Managers and Other Employees-

      ‘(1) IN GENERAL- A senior manager reporting directly to the Deputy Secretary for Transportation Security may be paid at an annual rate of basic pay of not more than the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, United States Code.

      ‘(2) BONUSES OR OTHER INCENTIVES- In addition, senior managers can receive bonuses or other incentives based on the Deputy Secretary for Transportation Security’s evaluation of their performance in relation to goals in agreements. Total compensation cannot exceed 125 percent of the maximum rate of base pay for the Senior Executive Service. Further, the Deputy Secretary for Transportation Security shall establish, within the performance management system, a program allowing for the payment of bonuses or other incentives to other managers and employees. Such a program shall provide for bonuses or other incentives based on their performance.

    ‘(e) PERFORMANCE-BASED SERVICE CONTRACTING- To the extent contracts, if any, are used to implement the Aviation Security Act, the Deputy Secretary for Transportation Security shall, to the extent practical, maximize the use of performance-based service contracts. These contracts should be consistent with guidelines published by the Office of Federal Procurement Policy.’.

SEC. 128. USE OF FACILITIES.

    (a) EMPLOYOMENT REGISTER- Notwithstanding any other provision of law, the Secretary of Transportation shall establish and maintain an employment register.

    (b) TRAINING FACILITY- The Secretary of Transportation may, where feasible, use the existing Federal Aviation Administration’s training facilities, to design, develop, or conduct training of security screening personnel.

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

    (a) REPORT- Within 30 days of the enactment of this Act, the President shall submit to the committees of Congress specified in subsection (b) a report containing--

      (1) a description of each restriction, if any, on the use of national airspace put in place as a result of the September 11, 2001, terrorist attacks that remains in place as of the date of the enactment of this Act; and

      (2) a justification for such restriction remaining in place.

    (b) COMMITTEES OF CONGRESS- The committees of Congress specified in this subsection are the following:

      (1) The Select Committee on Intelligence of the Senate.

      (2) The Permanent Select Committee on Intelligence of the House of Representatives.

      (3) The Committee on Commerce, Science, and Transportation of the Senate.

      (4) The Committee on Transportation and Infrastructure of the House of Representatives.

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

    (a) PROGRAM FOR PROVISION OF VOLUNTARY SERVICES-

      (1) PROGRAM- The Secretary of Transportation shall carry out a program to permit qualified law enforcement officers, firefighters, and emergency medical technicians to provide emergency services on commercial air flights during emergencies.

      (2) REQUIREMENTS- The Secretary shall establish such requirements for qualifications of providers of voluntary services under the program under paragraph (1), including training requirements, as the Secretary considers appropriate.

      (3) CONFIDENTIALITY OF REGISTRY- If as part of the program under paragraph (1) the Secretary requires or permits registration of law enforcement officers, firefighters, or emergency medical technicians who are willing to provide emergency services on commercial flights during emergencies, the Secretary shall take appropriate actions to ensure that the registry is available only to appropriate airline personnel and otherwise remains confidential.

      (4) CONSULTATION- The Secretary shall consult with appropriate representatives of the commercial airline industry, and organizations representing community-based law enforcement, firefighters, and emergency medical technicians, in carrying out the program under paragraph (1), including the actions taken under paragraph (3).

    (b) PROTECTION FROM LIABILITY-

      (1) IN GENERAL- Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section:

‘Sec. 44944. Exemption of volunteers from liability

    ‘(a) IN GENERAL- An individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or omission of the individual in providing or attempting to provide assistance in the case of an inflight emergency in an aircraft of an air carrier if the individual meets such qualifications as the Secretary shall prescribe for purposes of this section.

    ‘(b) EXCEPTION- The exemption under subsection (a) shall not apply in any case in which an individual provides, or attempts to provide, assistance described in that paragraph in a manner that constitutes gross negligence or willful misconduct.’.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘44944. Exemption of volunteers from liability.’.

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

SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.

    (a) SECURITY FOR LARGER AIRCRAFT-

      (1) PROGRAM REQUIRED- Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall commence implementation of a program to provide security screening for all aircraft operations conducted with respect to any aircraft having a maximum certified takeoff weight of more than 12,500 pounds that is not operating as of the date of the implementation of the program under security procedures prescribed by the Administrator.

      (2) WAIVER-

        (A) AUTHORITY TO WAIVE- The Administrator may waive the applicability of the program under this section with respect to any aircraft or class of aircraft otherwise described by this section if the Administrator determines that aircraft described in this section can be operated safely without the applicability of the program to such aircraft or class of aircraft, as the case may be.

        (B) LIMITATIONS- A waiver under subparagraph (A) may not go into effect--

          (i) unless approved by the Secretary of Transportation; and

          (ii) until 10 days after the date on which notice of the waiver has been submitted to the appropriate committees of Congress.

      (3) PROGRAM ELEMENTS- The program under paragraph (1) shall require the following:

        (A) The search of any aircraft covered by the program before takeoff.

        (B) The screening of all crew members, passengers, and other persons boarding any aircraft covered by the program, and their property to be brought on board such aircraft, before boarding.

      (4) PROCEDURES FOR SEARCHES AND SCREENING- The Administrator shall develop procedures for searches and screenings under the program

under paragraph (1). Such procedures may not be implemented until approved by the Secretary.

    (b) SECURITY FOR SMALLER AIRCRAFT-

      (1) PROGRAM REQUIRED- Not later than one year after the date of the enactment of this Act, the Administrator shall commence implementation of a program to provide security for all aircraft operations conducted with respect to any aircraft having a maximum certified takeoff weight of 12,500 pounds or less that is not operating as of the date of the implementation of the program under security procedures prescribed by the Administrator. The program shall address security with respect to crew members, passengers, baggage handlers, maintenance workers, and other individuals with access to aircraft covered by the program, and to baggage.

      (2) REPORT ON PROGRAM- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report containing a proposal for the program to be implemented under paragraph (1).

    (c) BACKGROUND CHECKS FOR ALIENS ENGAGED IN CERTAIN TRANSACTIONS REGARDING AIRCRAFT-

      (1) REQUIREMENT- Notwithstanding any other provision of law and subject to paragraph (2), no person or entity may sell, lease, or charter any aircraft to an alien, or any other individual specified by the Secretary for purposes of this subsection, within the United States unless the Attorney General issues a certification of the completion of a background investigation of the alien, or other individual, as the case may be, that meets the requirements of section 44939(b) of title 49, United States Code, as added by section 111 of this title.

      (2) EXPIRATION- The prohibition in paragraph (1) shall expire as follows:

        (A) In the case of an aircraft having a maximum certified takeoff weight of more than 12,500 pounds, upon implementation of the program required by subsection (a).

        (B) In the case of an aircraft having a maximum certified takeoff weight of 12,500 pounds or less, upon implementation of the program required by subsection (b).

      (3) ALIEN DEFINED- In this subsection, the term ‘alien’ has the meaning given that term in section 44939(f) of title 49, United States Code, as so added.

    (d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section, the term ‘appropriate committees of Congress’ means--

      (1) the Committee on Commerce, Science, and Transportation of the Senate; and

      (2) the Committee on Commerce of the House of Representatives.

SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

    (a) IN GENERAL- Not later than September 30, 2002, the Assistant Administrator for Civil Aviation Security shall review and make a determination on the feasibility of implementing technologies described in subsection (b).

    (b) TECHNOLOGIES DESCRIBED- The technologies described in this subsection are technologies that are--

      (1) designed to protect passengers, aviation employees, air cargo, airport facilities, and airplanes; and

      (2) material specific and able to automatically and non-intrusively detect, without human interpretation and without regard to shape or method of concealment, explosives, illegal narcotics, hazardous chemical agents, and nuclear devices.

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

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

SEC. 134. DEFINITIONS.

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

TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

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

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

    (a) IN GENERAL- The Administrator of the Federal Aviation Administration shall require that employment investigations, including criminal history record checks, for all individuals described in section 44936(a)(1) of title 49, United States Code, who are existing employees, at airports regularly serving an air carrier holding a certificate issued by the Secretary of Transportation, should be completed within 9 months unless such individuals have had such investigations and checks within 5 years of the date of enactment of this Act. The Administrator shall devise an alternative method for background checks for a person applying for any airport security position who has lived in the United States less than 5 years and shall have such alternative background check in place as soon as possible. The Administrator shall work with the International Civil Aviation Organization and with appropriate authorities of foreign governments in devising such alternative method.

    (b) EXPLOSIVE DETECTION-

      (1) IN GENERAL- The Administrator of the Federal Aviation Administration shall deploy and oversee the usage of existing bulk explosives detection technology already at airports for checked baggage. Not later than 60 days after the date of enactment of this Act, the Administrator shall establish confidential goals for--

        (A) deploying by a specific date all existing bulk explosives detection scanners purchased but not yet deployed by the Federal Aviation Administration;

        (B) a specific percentage of checked baggage to be scanned by bulk explosives detection machines within 6 months, and annual goals thereafter with an eventual goal of scanning 100 percent of checked baggage; and

        (C) the number of new bulk explosives detection machines that will be purchased by the Federal Aviation Administration for deployment at the Federal Aviation Administration-identified midsized airports within 6 months.

      (2) USE OF FUNDS- For purposes of carrying out this subtitle, airport operators may use funds available under the Airport Improvement Program described in chapter 471 of title 49, United States Code, to reconfigure airport baggage handling areas to accommodate the equipment described in paragraph (1), if necessary. Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Administrator shall report, on a confidential basis, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, the Government Accounting Office, and the Inspector General of the Department of Transportation, regarding the goals and progress the Administration is making in achieving those goals described in paragraph (1).

      (3) AIRPORT DEVELOPMENT- Section 47102(3)(B) of title 49, United States Code, is amended--

        (A) by striking ‘and’ at the end of clause (viii);

        (B) by striking the period at the end of clause (ix) and inserting ‘; and’; and

        (C) by inserting after clause (ix) the following new clause:

          ‘(x) replacement of baggage conveyor systems, and reconfiguration of terminal luggage areas, that the Secretary determines are necessary to install bulk explosive detection devices.’.

    (c) BAG MATCHING SYSTEM- The Administrator of the Federal Aviation Administration shall require air carriers to improve the passenger bag matching system. Not later than 60 days after the date of enactment of this Act, the Administrator shall establish goals for upgrading the Passenger Bag Matching System, including interim measures to match a higher percentage of bags until Explosives Detection Systems are used to scan 100 percent of checked baggage. The Administrator shall report, on a confidential basis, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, the Government Accounting Office, and the Inspector General of the Department of Transportation, regarding the goals and the progress made in achieving those goals within 12 months after the date of enactment of this Act.

    (d) COMPUTER-ASSISTED PASSENGER PRESCREENING-

      (1) IN GENERAL- The Administrator of the Federal Aviation Administration shall require air carriers to expand the application of the current Computer-Assisted Passenger Prescreening System (CAPPS) to all passengers, regardless of baggage. Passengers selected under this system shall be subject to additional security measures, including checks of carry-on baggage and person, before boarding.

      (2) REPORT- The Administrator shall report back to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives within 3 months of the date of enactment of this Act on the implementation of the expanded CAPPS system.

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

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

    Section 44903 of title 49, United States Code, is amended by adding at the end the following:

    ‘(i) Short-Term Assessment and Deployment of Emerging Security Technologies and Procedures-

      ‘(1) IN GENERAL- The Deputy Secretary for Transportation Security shall recommend to airport operators, within 6 months after the date of enactment of this Act, commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons. As part of the 6-month assessment, the Deputy Secretary for Transportation Security shall--

        ‘(A) review the effectiveness of biometrics systems currently in use at several United States airports, including San Francisco International;

        ‘(B) review the effectiveness of increased surveillance at access points;

        ‘(C) review the effectiveness of card- or keypad-based access systems;

        ‘(D) review the effectiveness of airport emergency exit systems and determine whether those that lead to secure areas of the airport should be monitored or how breaches can be swiftly responded to; and

        ‘(E) specifically target the elimination of the ‘piggy-backing’ phenomenon, where another person follows an authorized person through the access point.

      The 6-month assessment shall include a 12-month deployment strategy for currently available technology at all category X airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code of Federal Regulations. Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a review of reductions in unauthorized access at these airports.

      ‘(2) 90-day review-

        ‘(A) IN GENERAL- The Deputy Secretary for Transportation Security, as part of the Aviation Security Coordination Council, shall conduct a 90-day review of--

          ‘(i) currently available or short-term deployable upgrades to the Computer-Assisted Passenger Prescreening System (CAPPS); and

          ‘(ii) deployable upgrades to the coordinated distribution of information regarding persons listed on the ‘watch list’ for any Federal law enforcement agencies who could present an aviation security threat.

        ‘(B) DEPLOYMENT OF UPGRADES- The Deputy Secretary for Transportation Security shall commence deployment of recommended short-term upgrades to CAPPS and to the coordinated distribution of ‘watch list’ information within 6 months after the date of enactment of this Act. Within 18 months after the date of enactment of this Act, the Deputy Secretary for Transportation Security shall report to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives, the Government Accounting Office, and the Inspector General of the Department of Transportation, on progress being made in deploying recommended upgrades.

      ‘(3) STUDY- The Deputy Secretary for Transportation Security shall conduct a study of options for improving positive identification of passengers at check-in counters and boarding areas, including the use of biometrics and ‘smart’ cards. Within 6 months after the date of enactment of this Act, the Deputy Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives on the feasibility and costs of implementing each identification method and a schedule for requiring air carriers to deploy identification methods determined to be effective.’.

Subtitle C--Research and Development of Aviation Security Technology

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

    (a) FUNDING- To augment the programs authorized in section 44912(a)(1) of title 49, United States Code, there is authorized to be appropriated an additional $50,000,000 for each of fiscal years 2002 through 2006 and such sums as are necessary for each fiscal year thereafter to the Federal Aviation Administration, for research, development, testing, and evaluation of the following technologies which may enhance aviation security in the future. Grants to industry, academia, and Government entities to carry out the provisions of this section shall be available for fiscal years 2002 and 2003 for--

      (1) the acceleration of research, development, testing, and evaluation of explosives detection technology for checked baggage, specifically, technology that is--

        (A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized airports, and is currently under development as part of the Argus research program at the Federal Aviation Administration;

        (B) faster, to facilitate screening of all checked baggage at larger airports; or

        (C) more accurate, to reduce the number of false positives requiring additional security measures;

      (2) acceleration of research, development, testing, and evaluation of new screening technology for carry-on items to provide more effective means of detecting and identifying weapons, explosives, and components of weapons of mass destruction, including advanced x-ray technology;

      (3) acceleration of research, development, testing, and evaluation of threat screening technology for other categories of items being loaded onto aircraft, including cargo, catering, and duty-free items;

      (4) acceleration of research, development, testing, and evaluation of threats carried on persons boarding aircraft or entering secure areas, including detection of weapons, explosives, and components of weapons of mass destruction;

      (5) acceleration of research, development, testing and evaluation of integrated systems of airport security enhancement, including quantitative methods of assessing security factors at airports selected for testing such systems;

      (6) expansion of the existing program of research, development, testing, and evaluation of improved methods of education, training, and testing of key airport security personnel; and

      (7) acceleration of research, development, testing, and evaluation of aircraft hardening materials, and techniques to reduce the vulnerability of aircraft to terrorist attack.

    (b) GRANTS- Grants awarded under this subtitle shall identify potential outcomes of the research, and propose a method for quantitatively assessing effective increases in security upon completion of the research program. At the conclusion of each grant, the grant recipient shall submit a final report to the Federal Aviation Administration that shall include sufficient information to permit the Administrator to prepare a cost-benefit analysis of potential improvements to airport security based upon deployment of the proposed technology. The Administrator shall begin awarding grants under this subtitle within 90 days of the date of enactment of this Act.

    (c) BUDGET SUBMISSION- A budget submission and detailed strategy for deploying the identified security upgrades recommended upon completion of the grants awarded under subsection (b), shall be submitted to Congress as part of the Department of Transportation’s annual budget submission.

    (d) DEFENSE RESEARCH- There is authorized to be appropriated $20,000,000 to the Federal Aviation Administration to issue research grants in conjunction with the Defense Advanced Research Projects Agency. Grants may be awarded under this section for--

      (1) research and development of longer-term improvements to airport security, including advanced weapons detection;

      (2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate parties;

      (3) advances in biometrics for identification and threat assessment; or

      (4) other technologies for preventing acts of terrorism in aviation.