[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1447 Enrolled Bill (ENR)]
S.1447
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To improve aviation security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

3006629e985e5e19aa3985148d185de397a9ae72bdf2e39a8f86332b4f234b9f

This Act may be cited as the ``Aviation and Transportation Security
Act''.

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TITLE I

-AVIATION SECURITY

(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 115. Transportation Security Oversight Board
``(a) In General.--There is established in the Department of
Transportation a board to be known as the `Transportation Security
Oversight Board'.
``(b) Membership.--
``(1) Number and appointment.--The Board shall be composed of 7
members as follows:
``(A) The Secretary of Transportation, or the Secretary's
designee.
``(B) The Attorney General, or the Attorney General's
designee.
``(C) The Secretary of Defense, or the Secretary's
designee.
``(D) The Secretary of the Treasury, or the Secretary's
designee.
``(E) The Director of the Central Intelligence Agency, or
the Director's designee.
``(F) One member appointed by the President to represent
the National Security Council.
``(G) One member appointed by the President to represent
the Office of Homeland Security.
``(2) Chairperson.--The Chairperson of the Board shall be the
Secretary of Transportation.
``(c) Duties.--The Board shall--
``(1) review and ratify or disapprove any regulation or
security directive issued by the Under Secretary of Transportation
for security under section 114(l)(2) within 30 days after the date
of issuance of such regulation or directive;
``(2) facilitate the coordination of intelligence, security,
and law enforcement activities affecting transportation;
``(3) facilitate the sharing of intelligence, security, and law
enforcement information affecting transportation among Federal
agencies and with carriers and other transportation providers as
appropriate;
``(4) explore the technical feasibility of developing a common
database of individuals who may pose a threat to transportation or
national security;
``(5) review plans for transportation security;
``(6) make recommendations to the Under Secretary regarding
matters reviewed under paragraph (5).
``(d) Quarterly Meetings.--The Board shall meet at least quarterly.
``(e) Consideration of Security Information.--A majority of the
Board may vote to close a meeting of the Board to the public, except
that meetings shall be closed to the public whenever classified,
sensitive security information, or information protected in accordance
with section 40119(b), will be discussed.''.
(b) Policies and Procedures.--Section 44911(b) of such title is
amended by striking ``international''.
(c) Strategic Planning.--Section 44911(c) of such title is amended
by striking ``consider placing'' and inserting ``place''.
(d) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by adding at the end the following:
``115. Transportation Security Oversight Board.''.

e387e79a681a11ef62accfc31e64ca8e2ef9502ae0965a22c8ef8098dc0ee58b

Section 44933 of title 49, United States Code, is amended to read
as follows:
``Sec. 44933. Federal Security Managers
``(a) Establishment, Designation, and Stationing.--The Under
Secretary of Transportation for Security shall establish the position
of Federal Security Manager at each airport in the United States
described in section 44903(c). The Under Secretary shall designate
individuals as Managers for, and station those Managers at, those
airports.
``(b) Duties and Powers.--The Manager at each airport shall--
``(1) oversee the screening of passengers and property at the
airport; and
``(2) carry out other duties prescribed by the Under
Secretary.''.

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(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 that are required to have a door between the
passenger and pilot compartments under title 14, Code of
Federal Regulations, except to authorized persons;
(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 access and egress by authorized persons; 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 and flight deck redesign, as may be
necessary to ensure the safety and security of the aircraft.
(b) Implementation of Other Methods.--As soon as possible after
such date of enactment, the Administrator of the Federal Aviation
Administration may develop and implement methods--
(1) to use video monitors or other devices to alert pilots in
the flight deck to activity in the cabin, except that the use of
such monitors or devices shall be subject to nondisclosure
requirements applicable to cockpit video recordings under section
1114(c);
(2) to ensure continuous operation of an aircraft transponder
in the event of an emergency; and
(3) to revise the procedures by which cabin crews of aircraft
can notify flight deck crews of security breaches and other
emergencies, including providing for the installation of switches
or other devices or methods in an aircraft cabin to enable flight
crews to discreetly notify the pilots in the case of a security
breach occurring in the cabin.
(c) Commuter Aircraft.--The Administrator shall investigate means
of securing the flight deck of scheduled passenger 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 to ensure the inaccessibility, to the greatest extent
feasible, of the flight deck while the aircraft is so operating, taking
into consideration such aircraft operating in regions where there is
minimal threat to aviation security or national security.

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(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44917. Deployment of Federal air marshals
``(a) In General.--The Under Secretary of Transportation for
Security under the authority provided by section 44903(d)--
``(1) may provide for deployment of Federal air marshals on
every passenger flight of air carriers in air transportation or
intrastate air transportation;
``(2) shall provide for deployment of Federal air marshals on
every such flight determined by the Secretary to present high
security risks;
``(3) shall provide for appropriate training, supervision, and
equipment of Federal air marshals;
``(4) shall require air carriers providing flights described in
paragraph (1) to provide seating for a Federal air marshal on any
such flight without regard to the availability of seats on the
flight and at no cost to the United States Government or the
marshal;
``(5) may require air carriers to provide, on a space-available
basis, to an off-duty Federal air marshal a seat on a flight to the
airport nearest the marshal's home at no cost to the marshal or the
United States Government if the marshal is traveling to that
airport after completing his or her security duties;
``(6) may enter into agreements with Federal, State, and local
agencies under which appropriately-trained law enforcement
personnel from such agencies, when traveling on a flight of an air
carrier, will carry a firearm and be prepared to assist Federal air
marshals;
``(7) shall establish procedures to ensure that Federal air
marshals are made aware of any armed or unarmed law enforcement
personnel on board an aircraft; and
``(8) may appoint--
``(A) an individual who is a retired law enforcement
officer;
``(B) an individual who is a retired member of the Armed
Forces; and
``(C) an individual who has been furloughed from an air
carrier crew position in the 1-year period beginning on
September 11, 2001,
as a Federal air marshal, regardless of age, if the individual
otherwise meets the background and fitness qualifications required
for Federal air marshals.
``(b) Long Distance Flights.--In making the determination under
subsection (a)(2), nonstop, long distance flights, such as those
targeted on September 11, 2001, should be a priority.
``(c) Interim Measures.--Until the Under Secretary completes
implementation of subsection (a), the Under Secretary may use, after
consultation with and concurrence of the heads of other Federal
agencies and departments, personnel from those agencies and
departments, on a nonreimbursable basis, to provide air marshal
service.''.
(b) Conforming Amendment.--The analysis for chapter 449 of such
title is amended by adding after the item relating to section 44916 the
following:
``44917. Deployment of Federal air marshals.''.
(c) Basic Pay Defined.--Section 8331(3)(E) of title 5, United
States Code, is amended to read as follows:
``(E) availability pay--
``(i) received by a criminal investigator under section
5545a of this title; or
``(ii) received after September 11, 2001, by a Federal
air marshal of the Department of Transportation, subject to
all restrictions and earning limitations imposed on
criminal investigators under section 5545a;''.

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(a) In General.--Section 44903 of title 49, United States Code, is
amended by adding at the end the following:
``(h) Improved Airport Perimeter Access Security.--
``(1) In general.--The Under Secretary, in consultation with
the airport operator and law enforcement authorities, may order the
deployment of such personnel at any secure area of the airport as
necessary to counter the risk of criminal violence, the risk of
aircraft piracy at the airport, the risk to air carrier aircraft
operations at the airport, or to meet national security concerns.
``(2) Security of aircraft and ground access to secure areas.--
In determining where to deploy such personnel, the Under Secretary
shall consider the physical security needs of air traffic control
facilities, parked aircraft, aircraft servicing equipment, aircraft
supplies (including fuel), automobile parking facilities within
airport perimeters or adjacent to secured facilities, and access
and transition areas at airports served by other means of ground or
water transportation.
``(3) Deployment of federal law enforcement personnel.--The
Secretary may enter into a memorandum of understanding or other
agreement with the Attorney General or the head of any other
appropriate Federal law enforcement agency to deploy Federal law
enforcement personnel at an airport in order to meet aviation
safety and security concerns.
``(4) Airport perimeter screening.--The Under Secretary--
``(A) shall require, as soon as practicable after the date
of enactment of this subsection, screening or inspection of all
individuals, goods, property, vehicles, and other equipment
before entry into a secured area of an airport in the United
States described in section 44903(c);
``(B) shall prescribe specific requirements for such
screening and inspection that will assure at least the same
level of protection as will result from screening of passengers
and their baggage;
``(C) shall establish procedures to ensure the safety and
integrity of--
``(i) all persons providing services with respect to
aircraft providing passenger air transportation or
intrastate air transportation and facilities of such
persons at an airport in the United States described in
section 44903(c);
``(ii) all supplies, including catering and passenger
amenities, placed aboard such aircraft, including the
sealing of supplies to ensure easy visual detection of
tampering; and
``(iii) all persons providing such supplies and
facilities of such persons;
``(D) shall require vendors having direct access to the
airfield and aircraft to develop security programs; and
``(E) may provide for the use of biometric or other
technology that positively verifies the identity of each
employee and law enforcement officer who enters a secure area
of an airport.''.
(b) Small and Medium Airports.--
(1) Technical support and financial assistance.--The Under
Secretary of Transportation for Security shall develop a plan to--
(A) provide technical support to airports, each of which
had less than 1 percent of the total annual enplanements in the
United States for the most recent calendar year for which data
is available, to enhance security operations; and
(B) provide financial assistance to those airports to
defray the costs of enhancing security.
(2) Removal of certain restrictions.--
(A) Certification by operator.--If the operator of an
airport described in paragraph (1), after consultation with the
appropriate State and local law enforcement authorities,
determines that safeguards are in place to sufficiently protect
public safety, and so certifies in writing to the Under
Secretary, then any security rule, order, or other directive
restricting the parking of passenger vehicles shall not apply
at that airport after the applicable time period specified in
subparagraph (B), unless the Under Secretary, taking into
account individual airport circumstances, notifies the airport
operator that the safeguards in place do not adequately respond
to specific security risks and that the restriction must be
continued in order to ensure public safety.
(B) Countermand period.--The time period within which the
Secretary may notify an airport operator, after receiving a
certification under subparagraph (A), that a restriction must
be continued in order to ensure public safety at the airport
is--
(i) 15 days for a nonhub airport (as defined in section
41714(h) of title 49, United States Code);
(ii) 30 days for a small hub airport (as defined in
such section);
(iii) 60 days for a medium hub airport (as defined in
such section); and
(iv) 120 days for an airport that had at least 1
percent of the total annual enplanements in the United
States for the most recent calendar year for which data is
available.
(c) Improvement of Secured-Area Access Control.--Section
44903(g)(2) of title 49, United States Code, is amended--
(1) by striking ``weaknesses by January 31, 2001;'' in
subparagraph (A) and inserting ``weaknesses;'';
(2) by striking subparagraph (D) and inserting the following:
``(D) on an ongoing basis, assess and test for compliance
with access control requirements, report annually findings of
the assessments, and assess the effectiveness of penalties in
ensuring compliance with security procedures and take any other
appropriate enforcement actions when noncompliance is found;'';
(3) by striking ``program by January 31, 2001;'' in
subparagraph (F) and inserting ``program;''; and
(4) by striking subparagraph (G) and inserting the following:
``(G) work with airport operators to strengthen access
control points in secured areas (including air traffic control
operations areas, maintenance areas, crew lounges, baggage
handling areas, concessions, and catering delivery areas) to
ensure the security of passengers and aircraft and consider the
deployment of biometric or similar technologies that identify
individuals based on unique personal characteristics.''.
(d) Airport Security Pilot Program.--Section 44903(c) of title 49,
United States Code, is amended by adding at the end the following:
``(3) Pilot programs.--The Administrator shall establish pilot
programs in no fewer than 20 airports to test and evaluate new and
emerging technology for providing access control and other security
protections for closed or secure areas of the airports. Such
technology may include biometric or other technology that ensures
only authorized access to secure areas.''.
(e) Airport Security Awareness Programs.--The Under Secretary of
Transportation for Security shall require scheduled passenger air
carriers, and airports in the United States described in section
44903(c) to develop security awareness programs for airport employees,
ground crews, gate, ticket, and curbside agents of the air carriers,
and other individuals employed at such airports.

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(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44918. Crew training
``(a) In General.--Not later than 60 days after the date of
enactment of the Aviation and Transportation Security Act, the
Administrator of the Federal Aviation Administration, in consultation
with the Under Secretary of Transportation for Security, appropriate
law enforcement, security, and terrorism experts, representatives of
air carriers and labor organizations representing individuals employed
in commercial aviation, shall develop detailed guidance for a scheduled
passenger air carrier flight and cabin crew training program to prepare
crew members for potential threat conditions.
``(b) Program Elements.--The guidance shall require such a program
to include, at a minimum, elements that address the following:
``(1) Determination of the seriousness of any occurrence.
``(2) Crew communication and coordination.
``(3) Appropriate responses to defend oneself.
``(4) Use of protective devices assigned to crew members (to
the extent such devices are required by the Administrator or Under
Secretary).
``(5) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
``(6) Live situational training exercises regarding various
threat conditions.
``(7) Flight deck procedures or aircraft maneuvers to defend
the aircraft.
``(8) Any other subject matter deemed appropriate by the
Administrator.
``(c) Air Carrier Programs.--Within 60 days after the Administrator
issues the guidance under subsection (a) in final form, each air
carrier shall develop a flight and cabin crew training program in
accordance with that guidance and submit it to the Administrator for
approval. Within 30 days after receiving an air carrier's program under
this subsection, the Administrator shall review the program and approve
it or require the air carrier to make any revisions deemed necessary by
the Administrator for the program to meet the guidance requirements.
``(d) Training.--Within 180 days after the Administrator approves
the training program developed by an air carrier under this section,
the air carrier shall complete the training of all flight and cabin
crews in accordance with that program.
``(e) Updates.--The Administrator shall update the training
guidance issued under subsection (a) from time to time to reflect new
or different security threats and require air carriers to revise their
programs accordingly and provide additional training to their flight
and cabin crews.''.
(b) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by inserting after the item
relating to section 44917 the following:
``44918. Crew training.''.

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(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44919. Security screening pilot program
``(a) Establishment of Program.--The Under Secretary shall
establish a pilot program under which, upon approval of an application
submitted by an operator of an airport, the screening of passengers and
property at the airport under section 44901 will be carried out by the
screening personnel of a qualified private screening company under a
contract entered into with the Under Secretary.
``(b) Period of Pilot Program.--The pilot program under this
section shall begin on the last day of the 1-year period beginning on
the date of enactment of this section and end on the last day of the 3-
year period beginning on such date of enactment.
``(c) Applications.--An operator of an airport may submit to the
Under Secretary an application to participate in the pilot program
under this section.
``(d) Selection of Airports.--From among applications submitted
under subsection (c), the Under Secretary may select for participation
in the pilot program not more than 1 airport from each of the 5 airport
security risk categories, as defined by the Under Secretary.
``(e) Supervision of Screened Personnel.--The Under Secretary shall
provide Federal Government supervisors to oversee all screening at each
airport participating in the pilot program under this section and
provide Federal Government law enforcement officers at the airport
pursuant to this chapter.
``(f) Qualified Private Screening Company.--A private screening
company is qualified to provide screening services at an airport
participating in the pilot program under this section if the company
will only employ individuals to provide such services who meet all the
requirements of this chapter applicable to Federal Government personnel
who perform screening services at airports under this chapter and will
provide compensation and other benefits to such individuals that are
not less than the level of compensation and other benefits provided to
such Federal Government personnel in accordance with this chapter.
``(g) Standards for Private Screening Companies.--The Under
Secretary may enter into a contract with a private screening company to
provide screening at an airport participating in the pilot program
under this section only if the Under Secretary determines and certifies
to Congress that the private screening company is owned and controlled
by a citizen of the United States, to the extent that the Under
Secretary determines that there are private screening companies owned
and controlled by such citizens.
``(h) Termination of Contracts.--The Under Secretary may terminate
any contract entered into with a private screening company to provide
screening services at an airport under the pilot program if the Under
Secretary finds that the company has failed repeatedly to comply with
any standard, regulation, directive, order, law, or contract applicable
to the hiring or training of personnel to provide such services or to
the provision of screening at the airport.
``(i) Election.--If a contract is in effect with respect to
screening at an airport under the pilot program on the last day of the
3-year period beginning on the date of enactment of this section, the
operator of the airport may elect to continue to have such screening
carried out by the screening personnel of a qualified private screening
company under a contract entered into with the Under Secretary under
section 44920 or by Federal Government personnel in accordance with
this chapter.
``Sec. 44920. Security screening opt-out program
``(a) In General.--On or after the last day of the 2-year period
beginning on the date on which the Under Secretary transmits to
Congress the certification required by section 110(c) of the Aviation
and Transportation Security Act, an operator of an airport may submit
to the Under Secretary an application to have the screening of
passengers and property at the airport under section 44901 to be
carried out by the screening personnel of a qualified private screening
company under a contract entered into with the Under Secretary.
``(b) Approval of Applications.--The Under Secretary may approve
any application submitted under subsection (a).
``(c) Qualified Private Screening Company.--A private screening
company is qualified to provide screening services at an airport under
this section if the company will only employ individuals to provide
such services who meet all the requirements of this chapter applicable
to Federal Government personnel who perform screening services at
airports under this chapter and will provide compensation and other
benefits to such individuals that are not less than the level of
compensation and other benefits provided to such Federal Government
personnel in accordance with this chapter.
``(d) Standards for Private Screening Companies.--The Under
Secretary may enter into a contract with a private screening company to
provide screening at an airport under this section only if the Under
Secretary determines and certifies to Congress that--
``(1) the level of screening services and protection provided
at the airport under the contract will be equal to or greater than
the level that would be provided at the airport by Federal
Government personnel under this chapter; and
``(2) the private screening company is owned and controlled by
a citizen of the United States, to the extent that the Under
Secretary determines that there are private screening companies
owned and controlled by such citizens.
``(e) Supervision of Screened Personnel.--The Under Secretary shall
provide Federal Government supervisors to oversee all screening at each
airport at which screening services are provided under this section and
provide Federal Government law enforcement officers at the airport
pursuant to this chapter.
``(f) Termination of Contracts.--The Under Secretary may terminate
any contract entered into with a private screening company to provide
screening services at an airport under this section if the Under
Secretary finds that the company has failed repeatedly to comply with
any standard, regulation, directive, order, law, or contract applicable
to the hiring or training of personnel to provide such services or to
the provision of screening at the airport.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by adding after the item relating to section 44918 the
following:
``44919. Security screening pilot program.
``44920. Security screening opt-out program.''.

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(a) In General.--The Under Secretary of Transportation for Security
may take the following actions:
(1) Require effective 911 emergency call capability for
telephones serving passenger aircraft and passenger trains.
(2) Establish a uniform system of identification for all State
and local law enforcement personnel for use in obtaining permission
to carry weapons in aircraft cabins and in obtaining access to a
secured area of an airport, if otherwise authorized to carry such
weapons.
(3) Establish requirements to implement trusted passenger
programs and use available technologies to expedite the security
screening of passengers who participate in such programs, thereby
allowing security screening personnel to focus on those passengers
who should be subject to more extensive screening.
(4) In consultation with the Commissioner of the Food and Drug
Administration, develop alternative security procedures under which
a medical product to be transported on a flight of an air carrier
would not be subject to an inspection that would irreversibly
damage the product.
(5) Provide for the use of technologies, including wireless and
wire line data technologies, to enable the private and secure
communication of threats to aid in the screening of passengers and
other individuals on airport property who are identified on any
State or Federal security-related data base for the purpose of
having an integrated response coordination of various authorized
airport security forces.
(6) In consultation with the Administrator of the Federal
Aviation Administration, consider whether to require all pilot
licenses to incorporate a photograph of the license holder and
appropriate biometric imprints.
(7) Provide for the use of voice stress analysis, biometric, or
other technologies to prevent a person who might pose a danger to
air safety or security from boarding the aircraft of an air carrier
or foreign air carrier in air transportation or intrastate air
transportation.
(8) Provide for the use of technology that will permit enhanced
instant communications and information between airborne passenger
aircraft and appropriate individuals or facilities on the ground.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, and annually thereafter until the Under Secretary has
implemented or decided not to take each of the actions specified in
subsection (a), the Under Secretary shall transmit to Congress a report
on the progress of the Under Secretary in evaluating and taking such
actions, including any legislative recommendations that the Under
Secretary may have for enhancing transportation security.

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(a) 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 or
neutralize nonexplosive weapons, such as biological, chemical, or
similar substances; and
``(7) to evaluate such additional measures as may be
appropriate to enhance inspection of passengers, baggage, and
cargo.''.
(b) Passengers and Property.--Section 44901 of title 49, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (h); and
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Under Secretary of Transportation for
Security shall provide for the screening of all passengers and
property, including United States mail, cargo, carry-on and checked
baggage, and other articles, that will be carried aboard a passenger
aircraft operated by an air carrier or foreign air carrier in air
transportation or intrastate air transportation. In the case of flights
and flight segments originating in the United States, the screening
shall take place before boarding and shall be carried out by a Federal
Government employee (as defined in section 2105 of title 5, United
States Code), except as otherwise provided in section 44919 or 44920
and except for identifying passengers and baggage for screening under
the CAPPS and known shipper programs and conducting positive bag-match
programs.
``(b) Supervision of Screening.--All screening of passengers and
property at airports in the United States where screening is required
under this section shall be supervised by uniformed Federal personnel
of the Transportation Security Administration who shall have the power
to order the dismissal of any individual performing such screening.
``(c) Checked Baggage.--A system must be in operation to screen all
checked baggage at all airports in the United States as soon as
practicable but not later than the 60th day following the date of
enactment of the Aviation and Transportation Security Act.
``(d) Explosive Detection Systems.--
``(1) In general.--The Under Secretary of Transportation for
Security shall take all necessary action to ensure that--
``(A) explosive detection systems are deployed as soon as
possible to ensure that all United States airports described in
section 44903(c) have sufficient explosive detection systems to
screen all checked baggage no later than December 31, 2002, and
that as soon as such systems are in place at an airport, all
checked baggage at the airport is screened by those systems;
and
``(B) all systems deployed under subparagraph (A) are fully
utilized; and
``(C) if explosive detection equipment at an airport is
unavailable, all checked baggage is screened by an alternative
means.
``(e) Mandatory Screening Where EDS Not Yet Available.--As soon as
practicable but not later than the 60th day following the date of
enactment of the Aviation and Transportation Security Act and until the
requirements of subsection (b)(1)(A) are met, the Under Secretary shall
require alternative means for screening any piece of checked baggage
that is not screened by an explosive detection system. Such alternative
means may include 1 or more of the following:
``(1) A bag-match program that ensures that no checked baggage
is placed aboard an aircraft unless the passenger who checked the
baggage is aboard the aircraft.
``(2) Manual search.
``(3) Search by canine explosive detection units in combination
with other means.
``(4) Other means or technology approved by the Under
Secretary.
``(f) Cargo Deadline.--A system must be in operation to screen,
inspect, or otherwise ensure the security of all cargo that is to be
transported in all-cargo aircraft in air transportation and intrastate
air transportation as soon as practicable after the date of enactment
of the Aviation and Transportation Security Act.
``(g) Deployment of Armed Personnel.--
``(1) In general.--The Under Secretary shall order the
deployment of law enforcement personnel authorized to carry
firearms at each airport security screening location to ensure
passenger safety and national security.
``(2) Minimum requirements.--Except at airports required to
enter into agreements under subsection (c), the Under Secretary
shall order the deployment of at least 1 law enforcement officer at
each airport security screening location. At the 100 largest
airports in the United States, in terms of annual passenger
enplanements for the most recent calendar year for which data are
available, the Under Secretary shall order the deployment of
additional law enforcement personnel at airport security screening
locations if the Under Secretary determines that the additional
deployment is necessary to ensure passenger safety and national
security.''.
(c) Deadline for Deployment of Federal Screeners.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary of Transportation for
Security shall deploy at all airports in the United States where
screening is required under section 44901 of title 49, United
States Code, a sufficient number of Federal screeners, Federal
Security Managers, Federal security personnel, and Federal law
enforcement officers to conduct the screening of all passengers and
property under section 44901 of such title at such airports.
(2) Certification to congress.--Not later than 1 year after the
date of enactment of this Act, the Under Secretary shall transmit
to Congress a certification that the requirement of paragraph (1)
has been met.
(d) Reports.--
(1) Deployment.--Within 6 months after the date of enactment of
this Act, the Under Secretary of Transportation for 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 on the deployment of
the systems required by section 44901(c) of title 49, United States
Code. The Under Secretary shall include in the report--
(A) an installation schedule;
(B) the dates of installation of each system; and
(C) the date on which each system installed is operational.
(2) Screening of small aircraft.--Within 1 year after the date
of enactment of this Act, the Under Secretary of Transportation for
Security shall transmit a report to the Committee on Commerce,
Science, and Transportation of the Senate and Committee on
Transportation and Infrastructure of the House of Representatives
on the screening requirements applicable to passengers boarding,
and property being carried aboard, aircraft with 60 seats or less
used in scheduled passenger service with recommendations for any
necessary changes in those requirements.

98d83779b3b4353cc66ad52f79c08856e71e649f15df22479cafeba66ab78b6c

(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 Under Secretary of Transportation
for Security shall establish a program for the hiring and training
of security screening personnel.
``(2) Hiring.--
``(A) Qualifications.--Within 30 days after the date of
enactment of the Aviation and Transportation Security Act, the
Under Secretary shall establish qualification standards for
individuals to be hired by the United States as security
screening personnel. Notwithstanding any provision of law,
those standards shall require, at a minimum, an individual--
``(i) to have a satisfactory or better score on a
Federal security screening personnel selection examination;
``(ii) to be a citizen of the United States;
``(iii) to meet, at a minimum, the requirements set
forth in subsection (f);
``(iv) to meet such other qualifications as the Under
Secretary may establish; and
``(v) to have the ability to demonstrate daily a
fitness for duty without any impairment due to illegal
drugs, sleep deprivation, medication, or alcohol.
``(B) Background checks.--The Under Secretary shall require
that an individual to be hired as a security screener undergo
an employment investigation (including a criminal history
record check) under section 44936(a)(1).
``(C) Disqualification of individuals who present national
security risks.--The Under Secretary, in consultation with the
heads of other appropriate Federal agencies, shall establish
procedures, in addition to any background check conducted under
section 44936, to ensure that no individual who presents a
threat to national security is employed as a security screener.
``(3) Examination; review of existing rules.--The Under
Secretary shall develop a security screening personnel examination
for use in determining the qualification of individuals seeking
employment as security screening personnel. The Under Secretary
shall also review, and revise as necessary, any standard, rule, or
regulation governing the employment of individuals as security
screening personnel.
``(f) Employment Standards for Screening Personnel.--
``(1) Screener requirements.--Notwithstanding any provision of
law, an individual may not be deployed as a security screener
unless that individual meets the following requirements:
``(A) The individual shall possess a high school diploma, a
general equivalency diploma, or experience that the Under
Secretary has determined to be sufficient for the individual to
perform the duties of the position.
``(B) The individual shall possess basic aptitudes and
physical abilities, including color perception, visual and
aural acuity, physical coordination, and motor skills, to the
following standards:
``(i) Screeners operating screening equipment shall be
able to distinguish on the screening equipment monitor the
appropriate imaging standard specified by the Under
Secretary.
``(ii) Screeners operating any screening equipment
shall be able to distinguish each color displayed on every
type of screening equipment and explain what each color
signifies.
``(iii) Screeners shall be able to hear and respond to
the spoken voice and to audible alarms generated by
screening equipment in an active checkpoint environment.
``(iv) Screeners performing physical searches or other
related operations shall be able to efficiently and
thoroughly manipulate and handle such baggage, containers,
and other objects subject to security processing.
``(v) Screeners who perform pat-downs or hand-held
metal detector searches of individuals shall have
sufficient dexterity and capability to thoroughly conduct
those procedures over an individual's entire body.
``(C) The individual shall be able to read, speak, and
write English well enough to--
``(i) carry out written and oral instructions regarding
the proper performance of screening duties;
``(ii) read English language identification media,
credentials, airline tickets, and labels on items normally
encountered in the screening process;
``(iii) provide direction to and understand and answer
questions from English-speaking individuals undergoing
screening; and
``(iv) write incident reports and statements and log
entries into security records in the English language.
``(D) The individual shall have satisfactorily completed
all initial, recurrent, and appropriate specialized training
required by the security program, except as provided in
paragraph (3).
``(2) Veterans preference.--The Under Secretary shall provide a
preference for the hiring of an individual as a security screener
if the individual is a member or former member of the armed forces
and if the individual is entitled, under statute, to retired,
retirement, or retainer pay on account of service as a member of
the armed forces.
``(3) Exceptions.--An individual who has not completed the
training required by this section may be deployed during the on-
the-job portion of training to perform functions if that
individual--
``(A) is closely supervised; and
``(B) does not make independent judgments as to whether
individuals or property may enter a sterile area or aircraft
without further inspection.
``(4) Remedial training.--No individual employed as a security
screener may perform a screening function after that individual has
failed an operational test related to that function until that
individual has successfully completed the remedial training
specified in the security program.
``(5) Annual proficiency review.--The Under Secretary shall
provide that an annual evaluation of each individual assigned
screening duties is conducted and documented. An individual
employed as a security screener may not continue to be employed in
that capacity unless the evaluation demonstrates that the
individual--
``(A) continues to meet all qualifications and standards
required to perform a screening function;
``(B) has a satisfactory record of performance and
attention to duty based on the standards and requirements in
the security program; and
``(C) demonstrates the current knowledge and skills
necessary to courteously, vigilantly, and effectively perform
screening functions.
``(6) Operational testing.--In addition to the annual
proficiency review conducted under paragraph (5), the Under
Secretary shall provide for the operational testing of such
personnel.
``(g) Training.--
``(1) Use of other agencies.--The Under Secretary may enter
into a memorandum of understanding or other arrangement with any
other Federal agency or department with appropriate law enforcement
responsibilities, to provide personnel, resources, or other forms
of assistance in the training of security screening personnel.
``(2) Training plan.--Within 60 days after the date of
enactment of the Aviation and Transportation Security Act, the
Under Secretary shall develop a plan for the training of security
screening personnel. The plan shall require, at a minimum, that a
security screener--
``(A) has completed 40 hours of classroom instruction or
successfully completed a program that the Under Secretary
determines will train individuals to a level of proficiency
equivalent to the level that would be achieved by such
classroom instruction;
``(B) has completed 60 hours of on-the-job instructions;
and
``(C) has successfully completed an on-the-job training
examination prescribed by the Under Secretary.
``(3) Equipment-specific training.--An individual employed as a
security screener may not use any security screening device or
equipment in the scope of that individual's employment unless the
individual has been trained on that device or equipment and has
successfully completed a test on the use of the device or
equipment.
``(h) Technological Training.--
``(1) In general.--The Under Secretary shall require training
to ensure that screeners are proficient in using the most up-to-
date new technology and to ensure their proficiency in recognizing
new threats and weapons.
``(2) Periodic assessments.--The Under Secretary shall make
periodic assessments to determine if there are dual use items and
inform security screening personnel of the existence of such items.
``(3) Current lists of dual use items.--Current lists of dual
use items shall be part of the ongoing training for screeners.
``(4) Dual use defined.--For purposes of this subsection, the
term `dual use' item means an item that may seem harmless but that
may be used as a weapon.
``(i) Limitation on Right To Strike.--An individual that screens
passengers or property, or both, at an airport under this section may
not participate in a strike, or assert the right to strike, against the
person (including a governmental entity) employing such individual to
perform such screening.
``(j) Uniforms.--The Under Secretary shall require any individual
who screens passengers and property pursuant to section 44901 to be
attired while on duty in a uniform approved by the Under Secretary.''.
(b) Conforming Amendments.--Section 44936(a)(1) of title 49, United
States Code, is amended--
(1) in subparagraph (A) by inserting ``as a security screener
under section 44935(e) or a position'' after ``a position''; and
(2) in subparagraph (E) by striking clause (iv).
(c) Transition.--The Under Secretary of Transportation for Security
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 Under Secretary may make or continue
such arrangements for the training of security screeners under that
section as the Under Secretary determines necessary pending full
implementation of that section as so amended.
(d) Screener Personnel.--Notwithstanding any other provision of
law, the Under Secretary of Transportation for Security 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 Under Secretary determines to be necessary to carry
out the screening functions of the Under Secretary under section 44901
of title 49, United States Code. The Under Secretary shall establish
levels of compensation and other benefits for individuals so employed.

bbd5fd63c737a63946027e3fc7cfa4ce866a8163e230518e388e0d6a52026b4e

(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
further amended--
(A) by redesignating subparagraphs (A) through (G) as
subparagraphs (B) through (H) 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 and Transportation 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.''.

c62e3e88ff1943d45752e11516592fcf5772d28cee1b526724e11a16dbbcd1f4

(a) 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. 44939. Training to operate certain aircraft
``(a) Waiting Period.--A person subject to regulation under this
part may provide training in the operation of any aircraft having a
maximum certificated takeoff weight of 12,500 pounds or more to an
alien (as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual
specified by the Under Secretary of Transportation for Security only
if--
``(1) that person has first notified the Attorney General that
the individual has requested such training and furnished the
Attorney General with that individual's identification in such form
as the Attorney General may require; and
``(2) the Attorney General has not directed, within 45 days
after being notified under paragraph (1), that person not to
provide the requested training because the Attorney General has
determined that the individual presents a risk to aviation or
national security.
``(b) Interruption of Training.--If the Attorney General, more than
45 days after receiving notification under subsection (a) from a person
providing training described in subsection (a), determines that the
individual presents a risk to aviation or national security, the
Attorney General shall immediately notify the person providing the
training of the determination and that person shall immediately
terminate the training.
``(c) Covered Training.--For the purposes of subsection (a),
training includes in-flight training, training in a simulator, and any
other form or aspect of training.
``(d) Security Awareness Training for Employees.--The Under
Secretary shall require flight schools to conduct a security awareness
program for flight school employees to increase their awareness of
suspicious circumstances and activities of individuals enrolling in or
attending flight school.''.
(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 certain 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.
(d) Effective Date.--The amendment made by subsection (a) applies
to applications for training received after the date of enactment of
this Act.

1731e2dd828986fe2d3fa4045039cba6a8ea8030bcfd638e335d9c181c2ae487

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 a Federal, airport, or air carrier
employee who has security duties within the airport, interferes with
the performance of the duties of the employee or lessens the ability of
the employee to perform those duties, shall be fined under title 18,
imprisoned for not more than 10 years, or both. If the individual used
a dangerous weapon in committing the assault or interference, the
individual may be imprisoned for any term of years or life
imprisonment.''.
(b) 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.''.

3c917406fabf9aa5627477216ab5d424ff2ac60f60eafa6fd13f96c81bbada36

Section 44909 is amended by adding at the end the following:
``(c) Flights in Foreign Air Transportation to the United States.--
``(1) In general.--Not later than 60 days after the date of
enactment of the Aviation and Transportation Security Act, each air
carrier and foreign air carrier operating a passenger flight in
foreign air transportation to the United States shall provide to
the Commissioner of Customs by electronic transmission a passenger
and crew manifest containing the information specified in paragraph
(2). Carriers may use the advanced passenger information system
established under section 431 of the Tariff Act of 1930 (19 U.S.C.
1431) to provide the information required by the preceding
sentence.
``(2) Information.--A passenger and crew manifest for a flight
required under paragraph (1) shall contain the following
information:
``(A) The full name of each passenger and crew member.
``(B) The date of birth and citizenship of each passenger
and crew member.
``(C) The sex of each passenger and crew member.
``(D) The passport number and country of issuance of each
passenger and crew member if required for travel.
``(E) The United States visa number or resident alien card
number of each passenger and crew member, as applicable.
``(F) Such other information as the Under Secretary, in
consultation with the Commissioner of Customs, determines is
reasonably necessary to ensure aviation safety.
``(3) Passenger name records.--The carriers shall make
passenger name record information available to the Customs Service
upon request.
``(4) Transmission of manifest.--Subject to paragraph (5), a
passenger and crew manifest required for a flight under paragraph
(1) shall be transmitted to the Customs Service in advance of the
aircraft landing in the United States in such manner, time, and
form as the Customs Service prescribes.
``(5) Transmission of manifests to other federal agencies.--
Upon request, information provided to the Under Secretary or the
Customs Service under this subsection may be shared with other
Federal agencies for the purpose of protecting national
security.''.

164531f0cbb83ef9dd82e066886e8257d8e7ce17304b2464b356154bfbb28808

(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.
(f) Reports.--If the Secretary approves any such agreement,
request, modification, or cancellation under this section and grants an
exemption, the Secretary shall transmit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
within 6 months describing what actions have been taken by the air
carriers to which the exemption was granted. The Secretary shall also
notify those committees if the Secretary extends the termination date
under subsection (e).

fe5ffe0e71edb0041a6b3765d64a4d4e12d9c7710550a975d93fce37435f47b6

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 nonpublic 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.

0f9d90f0c717d8fdecb8a716404d361ea89c053ab0e07b4eb6261934209f2a9d

(a) In General.--Subchapter II of chapter 449 is amended by adding
at the end the following:
``Sec. 44940. Security service fee
``(a) General Authority.--
``(1) Passenger fees.--The Under Secretary of Transportation
for Security shall impose a uniform fee, on passengers of air
carriers and foreign air carriers in air transportation and
intrastate air transportation originating at airports in the United
States, to pay for the following costs of providing civil aviation
security services:
``(A) Salary, benefits, overtime, retirement and other
costs of screening personnel, their supervisors and managers,
and Federal law enforcement personnel deployed at airport
security screening locations under section 44901.
``(B) The costs of training personnel described in
subparagraph (A), and the acquisition, operation, and
maintenance of equipment used by such personnel.
``(C) The costs of performing background investigations of
personnel described in subparagraphs (A), (D), (F), and (G).
``(D) The costs of the Federal air marshals program.
``(E) The costs of performing civil aviation security
research and development under this title.
``(F) The costs of Federal Security Managers under section
44903.
``(G) The costs of deploying Federal law enforcement
personnel pursuant to section 44903(h).
The amount of such costs shall be determined by the Under Secretary
and shall not be subject to judicial review.
``(2) Air carrier fees.--
``(A) Authority.--In addition to the fee imposed pursuant
to paragraph (1), and only to the extent that the Under
Secretary estimates that such fee will be insufficient to pay
for the costs of providing civil aviation security services
described in paragraph (1), the Under Secretary may impose a
fee on air carriers and foreign air carriers engaged in air
transportation and intrastate air transportation to pay for the
difference between any such costs and the amount collected from
such fee, as estimated by the Under Secretary at the beginning
of each fiscal year. The estimates of the Under Secretary under
this subparagraph are not subject to judicial review.
``(B) Limitations.--
``(i) Overall limit.--The amounts of fees collected
under this paragraph for each fiscal year may not exceed,
in the aggregate, the amounts paid in calendar year 2000 by
carriers described in subparagraph (A) for screening
passengers and property, as determined by the Under
Secretary.
``(ii) Per-carrier limit.--The amount of fees collected
under this paragraph from an air carrier described in
subparagraph (A) for each of fiscal years 2002, 2003, and
2004 may not exceed the amount paid in calendar year 2000
by that carrier for screening passengers and property, as
determined by the Under Secretary.
``(iii) Adjustment of per-carrier limit.--For fiscal
year 2005 and subsequent fiscal years, the per-carrier
limitation under clause (ii) may be determined by the Under
Secretary on the basis of market share or any other
appropriate measure in lieu of actual screening costs in
calendar year 2000.
``(iv) Finality of determinations.--Determinations of
the Under Secretary under this subparagraph are not subject
to judicial review.
``(C) Special rule for fiscal year 2002.--The amount of
fees collected under this paragraph from any carrier for fiscal
year 2002 may not exceed the amounts paid by that carrier for
screening passengers and property for a period of time in
calendar year 2000 proportionate to the period of time in
fiscal year 2002 during which fees are collected under this
paragraph.
``(b) Schedule of Fees.--In imposing fees under subsection (a), the
Under Secretary shall ensure that the fees are reasonably related to
the Transportation Security Administration's costs of providing
services rendered.
``(c) Limitation on Fee.--Fees imposed under subsection (a)(1) may
not exceed $2.50 per enplanement in air transportation or intrastate
air transportation that originates at an airport in the United States,
except that the total amount of such fees may not exceed $5.00 per one-
way trip.
``(d) Imposition of Fee.--
``(1) In general.--Notwithstanding section 9701 of title 31 and
the procedural requirements of section 553 of title 5, the Under
Secretary shall impose the fee under subsection (a)(1), and may
impose a fee under subsection (a)(2), through the publication of
notice of such fee in the Federal Register and begin collection of
the fee within 60 days of the date of enactment of this Act, or as
soon as possible thereafter.
``(2) Special rules passenger fees.--A fee imposed under
subsection (a)(1) through the procedures under subsection (d) shall
apply only to tickets sold after the date on which such fee is
imposed. If a fee imposed under subsection (a)(1) through the
procedures under subsection (d) on transportation of a passenger of
a carrier described in subsection (a)(1) is not collected from the
passenger, the amount of the fee shall be paid by the carrier.
``(3) Subsequent modification of fee.--After imposing a fee in
accordance with paragraph (1), the Under Secretary may modify, from
time to time through publication of notice in the Federal Register,
the imposition or collection of such fee, or both.
``(4) Limitation on collection.--No fee may be collected under
this section except to the extent that the expenditure of the fee
to pay the costs of activities and services for which the fee is
imposed is provided for in advance in an appropriations Act.
``(e) Administration of Fees.--
``(1) Fees payable to under secretary.--All fees imposed and
amounts collected under this section are payable to the Under
Secretary.
``(2) Fees collected by air carrier.--A fee imposed under
subsection (a)(1) shall be collected by the air carrier or foreign
air carrier that sells a ticket for transportation described in
subsection (a)(1).
``(3) Due date for remittance.--A fee collected under this
section shall be remitted on the last day of each calendar month by
the carrier collecting the fee. The amount to be remitted shall be
for the calendar month preceding the calendar month in which the
remittance is made.
``(4) Information.--The Under Secretary may require the
provision of such information as the Under Secretary decides is
necessary to verify that fees have been collected and remitted at
the proper times and in the proper amounts.
``(5) Fee not subject to tax.--For purposes of section 4261 of
the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee imposed
under this section shall not be considered to be part of the amount
paid for taxable transportation.
``(6) Cost of collecting fee.--No portion of the fee collected
under this section may be retained by the air carrier or foreign
air carrier for the costs of collecting, handling, or remitting the
fee except for interest accruing to the carrier after collection
and before remittance.
``(f) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, any fee collected under this section--
``(1) shall be credited as offsetting collections to the
account that finances the activities and services for which the fee
is imposed;
``(2) shall be available for expenditure only to pay the costs
of activities and services for which the fee is imposed; and
``(3) shall remain available until expended.
``(g) Refunds.--The Under Secretary may refund any fee paid by
mistake or any amount paid in excess of that required.
``(h) Exemptions.--The Under Secretary may exempt from the
passenger fee imposed under subsection (a)(1) any passenger enplaning
at an airport in the United States that does not receive screening
services under section 44901 for that segment of the trip for which the
passenger does not receive screening.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``44940. Security service fee.''.
(c) 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
``(a) In General.--There are authorized to be appropriated for
fiscal years 2002, 2003, 2004, and 2005 such sums as may be necessary
to carry out chapter 449 and related aviation security activities under
this title. Any amounts appropriated pursuant to this section for
fiscal year 2002 shall remain available until expended.
``(b) Grants for Aircraft Security.--There is authorized to be
appropriated $500,000,000 for fiscal year 2002 to the Secretary of
Transportation to make grants to or other agreements with air carriers
(including intrastate air carriers) to--
``(1) fortify cockpit doors to deny access from the cabin to
the pilots in the cockpit;
``(2) provide for the use of video monitors or other devices to
alert the cockpit crew to activity in the passenger cabin;
``(3) ensure continuous operation of the aircraft transponder
in the event the crew faces an emergency; and
``(4) provide for the use of other innovative technologies to
enhance aircraft security.''.
(2) Conforming amendment.--The subtitle analysis for subtitle
VII of title 49, United States Code, is amended by inserting after
the item relating to chapter 482 the following:
``483. Aviation Security Funding..............................
48301''.

76835e275a1e43d38909f028a8f55e4364f626726e3ae370201fd937671ff035

(a) Limited Use of Airport Improvement Program Funds.--
(1) Airport development funds.--Section 47102(3) of title 49,
United States Code, is amended by adding at the end the following:
``(J) in fiscal year 2002, any additional security related
activity required by law or by the Secretary after September
11, 2001, and before October 1, 2002.
``(K) in fiscal year 2002 with respect to funds apportioned
under section 47114 in fiscal years 2001 and 2002, any
activity, including operational activities, of an airport that
is not a primary airport if that airport is located within the
confines of enhanced class B airspace, as defined by Notice to
Airmen FDC 1/0618 issued by the Federal Aviation Administration
and the activity was carried out when any restriction in the
Notice is in effect.
``(L) in fiscal year 2002, payments for debt service on
indebtedness incurred to carry out a project at an airport
owned or controlled by the sponsor or at a privately owned or
operated airport passenger terminal financed by indebtedness
incurred by the sponsor if the Secretary determines that such
payments are necessary to prevent a default on the
indebtedness.''.
(2) Allowable costs.--Section 47110(b)(2) of title 49, United
States Code, is amended--
(A) by striking ``or'' in subparagraph (B);
(B) by inserting ``or'' after ``executed;'' in subparagraph
(C); and
(C) by adding at the end the following:
``(D) if the cost is incurred after September 11, 2001, for
a project described in section 47102(3)(J), 47102(3)(K), or
47102(3)(L) and shall not depend upon the date of execution of
a grant agreement made under this subchapter;''.
(3) Discretionary grants.--Section 47115 of title 49, United
States Code, is amended by adding at the end the following:
``(i) Considerations for Project Under Expanded Security
Eligibility.--In order to assure that funding under this subchapter is
provided to the greatest needs, the Secretary, in selecting a project
described in section 47102(3)(J) for a grant, shall consider the non-
federal resources available to sponsor, the use of such non-federal
resources, and the degree to which the sponsor is providing increased
funding for the project.''.
(4) Federal share.--Section 47109(a) of title 49, United States
Code, is amended--
(A) by striking ``and'' in paragraph (3);
(B) by striking ``47134.'' in paragraph (4) and inserting
``47134; and''; and
(C) by adding at the end the following:
``(5) for fiscal year 2002, 100 percent for a project described
in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).''.
(5) Airport development.--Section 47102(3)(B) of title 49,
United States Code, is amended--
(A) by striking ``and'' at the end of clause (viii);
(B) by striking the period at the end of clause (ix) and
inserting ``; and''; and
(C) by inserting after clause (ix) the following new
clause:
``(x) replacement of baggage conveyor systems, and
reconfiguration of terminal baggage areas, that the
Secretary determines are necessary to install bulk
explosive detection devices.''.
(b) Apportioned Funds.--For the purpose of carrying out section
47114 of title 49, United States Code, for fiscal year 2003, the
Secretary shall use, in lieu of passenger boardings at an airport
during the prior calendar year, the greater of--
(1) the number of passenger boardings at that airport during
2000; or
(2) the number of passenger boardings at that airport during
2001.
(c) Expedited Processing of Security-Related PFC Requests.--The
Administrator of the Federal Aviation Administration shall, to the
extent feasible, expedite the processing and approval of passenger
facility fee requests under subchapter I of chapter 471 of title 49,
United States Code, for projects described in section 47192(3)(J) of
title 49, United States Code.
(d) Amendment of General Fee Schedule Provision.--Section
45301(b)(1)(B) of title 49, United States Code, is amended--
(1) by striking ``directly'' and inserting ``reasonably'';
(2) by striking ``Administration's costs'' and inserting
``Administration's costs, as determined by the Administrator,'';
and
(3) by adding at the end ``The Determination of such costs by
the Administrator is not subject to judicial review.''.

cb323dac3fe025c3fa32c9069a2ac8c779ca28ce05b3c6c9bde13b9a7258011c

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 may
require airports to maximize the use of technology and
equipment that is designed to detect or neutralize potential
chemical or biological weapons.''.

93aebcdff00e6e033aea48f1916d2c3ff53e3e7d3b2f4a7e590ae53c1bdbb91a

SECURITY MANDATES.
(a) Airport Security.--There is authorized to be appropriated to
the Secretary of Transportation for fiscal years 2002 and 2003 a total
of $1,500,000,000 to reimburse airport operators, on-airport parking
lots, and vendors of on-airfield direct services to air carriers for
direct costs incurred by such operators to comply with new, additional,
or revised security requirements imposed on such operators by the
Federal Aviation Administration or Transportation Security
Administration on or after September 11, 2001. Such sums shall remain
available until expended.
(b) Documentation of Costs; Audit.--The Secretary may not reimburse
an airport operator, on-airport parking lot, or vendor of on-airfield
direct services to air carriers under this section for any cost for
which the airport operator, on-airport parking lot, or vendor of on-
airfield direct services 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
(a); and
(2) the cost was incurred by the airport operator, on-airport
parking lot, or vendor of on-airfield direct services to air
carriers.
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 necessary to conduct such an audit.
(c) Claim Procedure.--Within 30 days after the date of enactment of
this Act, the Secretary, after consultation with airport operators, on-
airport parking lots, and vendors of on-airfield direct services to air
carriers, shall publish in the Federal Register the procedures for
filing claims for reimbursement under this section of eligible costs
incurred by airport operators.

d4de7a229f5d548169dd04a8d252884a91f67e30edbf39282c6a57c894bbae8d

It is the sense of the Congress that--
(1) an airport receiving Federal financial assistance should
meet with the tenants of the airport (other than air carriers and
foreign air carriers) to discuss adjustments of the rent of the
tenants to account for losses in revenue incurred by the tenants on
and after September 11, 2001;
(2) an air carrier that received financial assistance under the
Air Transportation Safety and System Stabilization Act or under
title 49, United States Code, since September 11, 2001, should meet
with airport operators to discuss payment of applicable rates,
charges, and fees; and
(3) the Federal Aviation Administration should maintain its
current restriction on carry-on baggage of 1 bag and 1 personal
item.

d190bf59d577581b01adbe821d21c033aaab45475ca61aa98d0cfdf54891c7d1

(a) Competition Plan.--Section 47106(f) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Special rule for fiscal year 2002.--This subsection does
not apply to any passenger facility fee approved, or grant made, in
fiscal year 2002 if the fee or grant is to be used to improve
security at a covered airport.''.
(b) Conforming Amendment to Airport and Airway Trust Fund.--Section
9502(d)(1)(A) of the Internal Revenue Code of 1986 (relating to airport
and airway program) is amended by inserting ``or the Aviation and
Transportation Security Act'' after ``21st Century''.

03780838ee14af287d27ceff83110325407e7bba31cce782e0e56bbb11d169ec

(a) Report Deadline.--Section 106(a) of the Air Transportation
Safety and System Stabilization Act (Public Law 107-42) is amended by
striking ``February 1, 2001'' and inserting ``February 1, 2002''.
(b) Insurance and Reinsurance of Aircraft.--Section 44306(c) (as
redesignated by section 201(d) of such Act) is amended by inserting
``in the interest of air commerce or national security or'' before ``to
carry out foreign policy''.
(c) Federal Credit Instruments.--Section 102(c)(2)(A) of such Act
is amended by striking ``representatives'' and inserting
``representations''.
(d) Maximum Amount of Compensation Payable Per Air Carrier.--
Section 103 of such Act is amended by adding at the end the following:
``(d) Compensation for Certain Air Carriers.--
``(1) Set-aside.--The President may set aside a portion of the
amount of compensation payable to air carriers under section
101(a)(2) to provide compensation to classes of air carriers, such
as air tour operators and air ambulances (including hospitals
operating air ambulances) for whom the application of a
distribution formula containing available seat miles as a factor
would inadequately reflect their share of direct and incremental
losses. The President shall reduce the $4,500,000,000 specified in
subsection (b)(2)(A)(i) by the amount set aside under this
subsection.
``(2) Distribution of amounts.--The President shall distribute
the amount set aside under this subsection proportionally among
such air carriers based on an appropriate auditable measure, as
determined by the President.''.

acd61c073082f58007e5e64485363673c9c7a768d7ffab3fc9f4c958235ee821

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. 44941. 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.''.
(b) Conforming Amendment.--The chapter analysis for such chapter is
amended by adding at the end the following:
``44941. Immunity for reporting suspicious activities.''.

2818e1ea1f3b2c78dae669a0dac3da4d7e86b2f142bdff388a2612f56b225ee0

(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) Arming Flight Deck Crew.--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.''.

be49b5a47e3c2377492a9af31ac88a60de0c653b2deeb07c2e15bbe92edf286d

(a) In General.--During a national emergency affecting air
transportation or intrastate air transportation, the Secretary of
Transportation, after consultation with the Transportation Security
Oversight Board, 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 a State if the Secretary determines
that--
(1) extraordinary air transportation needs or concerns exist;
and
(2) the waiver is in the public interest, taking into
consideration the isolation of and dependence on air transportation
of the State.
(b) Limitations.--The Secretary may impose reasonable limitations
on any such waiver.

5c8d58fdfc4290fa78092fc83f41fcccb3afe08537c384e46c76990f753c7493

The pilot of a passenger aircraft operated by an air carrier in air
transportation or intrastate air transportation is authorized to carry
a firearm into the cockpit if--
(1) the Under Secretary of Transportation for Security
approves;
(2) the air carrier approves;
(3) the firearm is approved by the Under Secretary; and
(4) the pilot has received proper training for the use of the
firearm, as determined by the Under Secretary.

7d8ea92f249d85dd019c2d55887516edaf6ee687581ffd6a51cec32682b3c6a0

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.''.

e7c07f410abf2cdbd2840f3bc4f65b02a9bf2f55f97bdc1df498bc71c190bf62

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 180 days after the date of enactment
of the Aviation and Transportation Security Act, the Under
Secretary for Transportation Security may, in consultation with
Congress--
``(A) establish acceptable levels of performance for
aviation security, including screening operations and access
control, and
``(B) provide Congress with an action plan, containing
measurable goals and milestones, that outlines how those levels
of performance will be achieved.
``(2) Basics of action plan.--The action plan shall clarify the
responsibilities of the Transportation Security Administration, the
Federal Aviation Administration and any other agency or
organization that may have a role in ensuring the safety and
security of the civil air transportation system.
``(b) Long-Term Results-Based Management.--
``(1) Performance plan and report.--
``(A) Performance plan.--
``(i) Each year, consistent with the requirements of
the Government Performance and Results Act of 1993 (GPRA),
the Secretary and the Under Secretary for Transportation
Security 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 should clarify the responsibilities of
the Secretary, the Under Secretary for Transportation
Security and any other agency or organization that may have
a role in ensuring the safety and security of the civil air
transportation system.
``(B) Performance report.--Each year, consistent with the
requirements of GPRA, the Under Secretary for Transportation
Security shall prepare and submit to Congress an annual report
including an evaluation of the extent goals and objectives were
met. The report shall include the results achieved during the
year relative to the goals established in the performance plan.
``Sec. 44943. Performance management system
``(a) Establishing a Fair and Equitable System for Measuring Staff
Performance.--The Under Secretary for Transportation Security shall
establish a performance management system which strengthens the
organization's effectiveness by providing for the establishment of
goals and objectives for managers, employees, and organizational
performance consistent with the performance plan.
``(b) Establishing Management Accountability for Meeting
Performance Goals.--
``(1) In general.--Each year, the Secretary and Under Secretary
of Transportation for Security shall enter into an annual
performance agreement that shall set forth organizational and
individual performance goals for the Under Secretary.
``(2) Goals.--Each year, the Under Secretary and each senior
manager who reports to the Under Secretary shall enter into an
annual performance agreement that sets forth organization and
individual goals for those managers. All other employees hired
under the authority of the Under Secretary shall enter into an
annual performance agreement that sets forth organization and
individual goals for those employees.
``(c) Performance-Based Service Contracting.--To the extent
contracts, if any, are used to implement the Aviation Security Act, the
Under 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.''.

d505d29e3db7ae8be71425d2adff5a70522a56a993776a4867050ee53d79c4fe

COMMERCIAL FLIGHTS.
(a) 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. Voluntary provision of emergency services
``(a) Program for Provision of Voluntary Services.--
``(1) Program.--The Under Secretary of Transportation for
Transportation Security shall carry out a program to permit
qualified law enforcement officers, firefighters, and emergency
medical technicians to provide emergency services on commercial air
flights during emergencies.
``(2) Requirements.--The Under Secretary shall establish such
requirements for qualifications of providers of voluntary services
under the program under paragraph (1), including training
requirements, as the Under Secretary considers appropriate.
``(3) Confidentiality of registry.--If as part of the program
under paragraph (1) the Under Secretary requires or permits
registration of law enforcement officers, firefighters, or
emergency medical technicians who are willing to provide emergency
services on commercial flights during emergencies, the Under
Secretary shall take appropriate actions to ensure that the
registry is available only to appropriate airline personnel and
otherwise remains confidential.
``(4) Consultation.--The Under Secretary shall consult with
appropriate representatives of the commercial airline industry, and
organizations representing community-based law enforcement,
firefighters, and emergency medical technicians, in carrying out
the program under paragraph (1), including the actions taken under
paragraph (3).
``(b) Exemption From Liability.--An individual shall not be liable
for damages in any action brought in a Federal or State court that
arises from an act or omission of the individual in providing or
attempting to provide assistance in the case of an in-flight emergency
in an aircraft of an air carrier if the individual meets such
qualifications as the Under Secretary shall prescribe for purposes of
this section.
``(c) Exception.--The exemption under subsection (b) shall not
apply in any case in which an individual provides, or attempts to
provide, assistance described in that paragraph in a manner that
constitutes gross negligence or willful misconduct.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``44944. Voluntary provision of emergency services.''.
(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.

6289d3de1af5224958ab3a964fb80ea930d8456ef2add13008dbac625a423d74

(a) Air Charter Program.--Within 90 days after the date of
enactment of this Act, the Under Secretary of Transportation for
Transportation Security shall implement an aviation security program
for charter air carriers (as defined in section 40102(a)(13) of title
49, United States Code) with a maximum certificated takeoff weight of
12,500 pounds or more.
(b) General Aviation Program.--Within 30 days after the date of
enactment of this Act, the Under Secretary of Transportation for
Transportation Security shall transmit a report on airspace and other
security measures that can be deployed, as necessary, to improve
general aviation security to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The Under Secretary may submit the
report in both classified and redacted forms.

24bc94d7831d260511fedf579e20c82ba394dcc3c9fd981d67fb778dd06f8cdb

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.

12e681b4017a4d9c243c6fa7060360469be79276f50ec64cce7a299e601e773f

(a) Flight Service Station Employees.--It is the sense of Congress
that the Administrator of the Federal Aviation Administration should
continue negotiating in good faith with flight service station
employees of the Administration with a goal of reaching agreement on a
contract as soon as possible.
(b) War Risk Insurance.--It is the sense of Congress that the
Secretary of Transportation should implement section 202 of the Air
Transportation Safety and System Stabilization Act (Public Law 107-42)
so as to make war risk insurance directly available to vendors, agents,
and subcontractors of air carriers for all of their domestic
operations.

ff32a821a9f6e52600fe968bfc1fa29907eecc7a67520ef46af7fe1e5d6adf9c

It is the sense of the House of Representatives that--
(1) the Under Secretary of Transportation for Security should
develop security procedures to allow passengers transporting a
musical instrument on a flight of an air carrier to transport the
instrument in the passenger cabin of the aircraft, notwithstanding
any size or other restriction on carry-on baggage but subject to
such other reasonable security procedures, terms, and conditions as
may be established by the Under Secretary or the air carrier,
including imposing additional charges by the air carrier; and
(2) an air carrier that transports mail under a contract with
the United States Postal Service should transport any animal that
the Postal Service allows to be shipped through the mail.

be1de24544bf4666a0b47616e03b96b0bd5928086bffacedb00db3e6a9aba4da

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 Under Secretary of Transportation for
Security shall recommend to airport operators, within 6 months
after the date of enactment of the Aviation and Transportation
Security Act, commercially available measures or procedures to
prevent access to secure airport areas by unauthorized persons. As
part of the 6-month assessment, the Under Secretary for
Transportation Security shall--
``(A) review the effectiveness of biometrics systems
currently in use at several United States airports, including
San Francisco International;
``(B) review the effectiveness of increased surveillance at
access points;
``(C) review the effectiveness of card- or keypad-based
access systems;
``(D) review the effectiveness of airport emergency exit
systems and determine whether those that lead to secure areas
of the airport should be monitored or how breaches can be
swiftly responded to; and
``(E) specifically target the elimination of the ``piggy-
backing'' phenomenon, where another person follows an
authorized person through the access point.
The 6-month assessment shall include a 12-month deployment strategy
for currently available technology at all category X airports, as
defined in the Federal Aviation Administration approved air carrier
security programs required under part 108 of title 14, Code of
Federal Regulations. Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
conduct a review of reductions in unauthorized access at these
airports.
``(2) Computer-assisted passenger prescreening system.--
``(A) In general.--The Secretary of Transportation shall
ensure that the Computer-Assisted Passenger Prescreening
System, or any successor system--
``(i) is used to evaluate all passengers before they
board an aircraft; and
``(ii) includes procedures to ensure that individuals
selected by the system and their carry-on and checked
baggage are adequately screened.
``(B) Modifications.--The Secretary of Transportation may
modify any requirement under the Computer-Assisted Passenger
Prescreening System for flights that originate and terminate
within the same State, if the Secretary determines that--
``(i) the State has extraordinary air transportation
needs or concerns due to its isolation and dependence on
air transportation; and
``(ii) the routine characteristics of passengers, given
the nature of the market, regularly triggers primary
selectee status.''.

d571ca0d0a77ec6724d4e3c956bc4b89c538117c94389f24bb540aa28fc2c2f9

(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 Transportation Security 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 Transportation Security
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 Transportation
Security Administration that shall include sufficient information to
permit the Under Secretary of Transportation for Security to prepare a
cost-benefit analysis of potential improvements to airport security
based upon deployment of the proposed technology. The Under Secretary
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 Transportation Security 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.

d7aff03c6dab417a914c417f9d55019f9d0f535e84e7617c6e23c90712493b65

(a) In General.--Section 44936 of title 49, United States Code, is
amended--
(1) by inserting ``and a review of available law enforcement
data bases and records of other governmental and international
agencies to the extent determined practicable by the Under
Secretary of Transportation for Transportation Security,'' after
``check'' in subsection (a)(1)(A);
(2) by striking ``in any case described in subparagraph (C)''
in subsection (a)(1)(B) and inserting ``and a review of available
law enforcement data bases and records of other governmental and
international agencies to the extent determined practicable by the
Under Secretary of Transportation for Transportation Security'';
(3) by striking ``will be'' in subsection (a)(1)(B)(i) and
inserting ``are'';
(4) by striking ``and'' after the semicolon in clause (ii) of
subsection (a)(1)(B);
(5) by redesignating clause (iii) of subsection (a)(1)(B) as
clause (iv);
(6) by inserting after clause (ii) of subsection (a)(1)(B) the
following:
``(iii) individuals who regularly have escorted access
to aircraft of an air carrier or foreign air carrier or a
secured area of an airport in the United States the
Administrator designates that serves an air carrier or
foreign air carrier; and'';
(7) by striking subparagraphs (C), (D), and (E) of subsection
(a)(1) and redesignating subparagraph (F) as subparagraph (D);
(8) by inserting after subparagraph (B) of subsection (a)(1)
the following:
``(C) Background checks of current employees.--
``(i) A new background check (including a criminal
history record check and a review of available law
enforcement data bases and records of other governmental
and international agencies to the extent determined
practicable by the Under Secretary of Transportation for
Transportation Security shall be required for any
individual who is employed in a position described in
subparagraphs (A) and (B) on the date of enactment of the
Aviation and Transportation Security Act.
``(ii) The Under Secretary may provide by order
(without regard to the provisions of chapter 5 of title 5,
United States Code) for a phased-in implementation of the
requirements of this subparagraph.'';
(9) by striking ``107.31(m)'' in subparagraph (D), as
redesignated, and inserting ``107.31(m)(1) or (2)'';
(10) by striking ``the date of enactment of this
subparagraph.'' in subparagraph (D), as redesignated, and inserting
``November 22, 2000. The Under Secretary shall work with the
International Civil Aviation Organization and with appropriate
authorities of foreign countries to ensure that individuals
exempted under this subparagraph do not pose a threat to aviation
or national security.'';
(11) by striking ``carrier, or airport operator'' in subsection
(a)(2) and inserting ``carrier, airport operator, or government'';
(12) by striking ``carrier, or airport operator'' in subsection
(b)(1) and inserting ``carrier, airport operator, or government'';
(13) by striking ``carrier, or airport operator'' in subsection
(b)(3) and inserting ``carrier, airport operator, or government'';
and
(14) by adding at the end of subsection (c)(1) ``All Federal
agencies shall cooperate with the Under Secretary and the Under
Secretary's designee in the process of collecting and submitting
fingerprints.''.
(b) Records of Employment of Pilot Applicants.--Part A of subtitle
VII of title 49, United States Code, is amended--
(1) by moving subsections (f), (g), and (h) of section 44936
from section 44936, inserting them at the end of section 44703, and
redesignating them as subsections (h), (i), and (j), respectively;
and
(2) in subsections (i) and (j) of section 44703 (as moved to
the end of section 44703 by paragraph (1) of this subsection), by
striking ``subsection (f)'' each place it appears and inserting
``subsection (h)''.

0ee65d3c9c678793993da6388867064693c297cf1b1be87b80b60cfe6dc9c0e0

Chapter 451 of title 49, United States Code, is amended--
(1) by striking ``contract personnel'' each place it appears
and inserting ``personnel'';
(2) by striking ``contract employee'' each place it appears and
inserting ``employee'';
(3) in section 45106(c) by striking ``contract employees'' and
inserting ``employees'';
(4) by inserting after section 45106 the following:
``Sec. 45107. Transportation Security Administration
``(a) Transfer of Functions Relating to Testing Programs With
Respect to Airport Security Screening Personnel.--The authority of the
Administrator of the Federal Aviation Administration under this chapter
with respect to programs relating to testing of airport security
screening personnel are transferred to the Under Secretary of
Transportation for Security. Notwithstanding section 45102(a), the
regulations prescribed under section 45102(a) shall require testing of
such personnel by their employers instead of by air carriers and
foreign air carriers.
``(b) Applicability of Chapter With Respect to Employees of
Administration.--The provisions of this chapter that apply with respect
to employees of the Federal Aviation Administration whose duties
include responsibility for safety-sensitive functions shall apply with
respect to employees of the Transportation Security Administration
whose duties include responsibility for security-sensitive functions.
The Under Secretary of Transportation for Security, the Transportation
Security Administration, and employees of the Transportation Security
Administration whose duties include responsibility for security-
sensitive functions shall be subject to and comply with such provisions
in the same manner and to the same extent as the Administrator of the
Federal Aviation Administration, the Federal Aviation Administration,
and employees of the Federal Aviation Administration whose duties
include responsibility for safety-sensitive functions, respectively.'';
and
(5) in the analysis for such chapter by inserting after the
item relating to section 45106 the following:
``45107. Transportation Security Administration.''.

b0a21a5858a7220bb631797b6ce9b67dd2d9b94a3d04c0c3e46c2922982f2899

(a) Records of Employment of Pilot Applicants.--Part A of subtitle
VII of title 49, United States Code, is amended--
(1) by moving subsections (f), (g), and (h) of section 44936
from section 44936, inserting them at the end of section 44703, and
redesignating them as subsections (h), (i), and (j), respectively;
and
(2) in subsections (i) and (j) of section 44703 (as moved to
the end of section 44703 by paragraph (1) of this subsection), by
striking ``subsection (f)'' each place it appears and inserting
``subsection (h)''.
(b) Investigations and Procedures.--Chapter 461 of such title is
amended--
(1) in each of sections 46101(a)(1), 46102(a), 46103(a),
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by inserting
after ``(or'' the following: ``the Under Secretary of
Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary or'';
(2) by striking ``or Administrator'' each place it appears and
inserting ``, Under Secretary, or Administrator'';
(3) in section 46101(a)(2) by striking ``of Transportation or
the'' and inserting ``, Under Secretary, or'';
(4) in section 46102(b) by striking ``and the Administrator''
and inserting ``, the Under Secretary, and the Administrator'';
(5) in section 46102(c) by striking ``and Administrator'' each
place it appears and inserting ``, Under Secretary, and
Administrator'';
(6) in each of sections 46102(d) and 46104(b) by inserting
``the Under Secretary,'' after ``Secretary,'';
(7) in the heading to section 46106 by striking ``Secretary of
Transportation and Administrator of the Federal Aviation
Administration'' and inserting ``Department of Transportation'';
and
(8) in the item relating to section 46106 of the analysis for
such chapter by striking ``Secretary of Transportation and
Administrator of the Federal Aviation Administration'' and
inserting ``Department of Transportation''.
(c) Administrative.--Section 40113 of such title is amended--
(1) in subsection (a)--
(A) by inserting after ``(or'' the following: ``the Under
Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary or''; and
(B) by striking ``or Administrator'' and inserting ``,
Under Secretary, or Administrator''; and
(2) in subsection (d)--
(A) by inserting after ``The'' the following: ``Under
Secretary of Transportation for Security or the'';
(B) by striking ``Administration'' the second place it
appears and inserting ``Transportation Security Administration
or Federal Aviation Administration, as the case may be,''; and
(C) by striking ``the Administrator decides'' and inserting
``the Under Secretary or Administrator, as the case may be,
decides''.
(d) Penalties.--Chapter 463 of such title is amended--
(1) in section 46301(d)(2)--
(A) by striking ``, chapter 449 (except sections 44902,
44903(d), 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and
44909),'';
(B) by inserting after the first sentence the following:
``The Under Secretary of Transportation for Security may impose
a civil penalty for a violation of chapter 449 (except sections
44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908,
and 44909) or a regulation prescribed or order issued under
such chapter 449.''; and
(C) by inserting ``Under Secretary or'' before
``Administrator shall'';
(2) in each of paragraphs (3) and (4) of section 46301(d) by
striking ``Administrator'' each place it appears and inserting
``Under Secretary or Administrator'';
(3) in section 46301(d)(8) by striking ``Administrator'' and
inserting ``Under Secretary, Administrator,'';
(4) in section 46301(h)(2) by inserting after ``(or'' the
following: ``the Under Secretary of Transportation for Security
with respect to security duties and powers designated to be carried
out by the Under Secretary or'';
(5) in section 46303(c)(2) by inserting ``or the Under
Secretary of Transportation for Security'' after ``Federal Aviation
Administration'';
(6) in section 46311--
(A) by inserting after ``Transportation,'' the following:
``the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried
out by the Under Secretary,'';
(B) by inserting after ``Secretary,'' each place it appears
the following: ``Under Secretary,''; and
(C) by striking ``or Administrator'' each place it appears
and inserting ``, Under Secretary, or Administrator'';
(7) in each of sections 46313 and 46316 by inserting after
``(or'' the following: ``the Under Secretary of Transportation for
Security with respect to security duties and powers designated to
be carried out by the Under Secretary or''; and
(8) in section 46505(d)(2) by inserting ``or the Under
Secretary of Transportation for Security'' after ``Federal Aviation
Administration''.

7f3700818a1de5b2773ebabaf7c8f84a9b12c85e436f5e65c9b3adfc2c840fde

(a) Transfer of Assets and Personnel.--Except as otherwise provided
in this Act, those personnel, property, and records employed, used,
held, available, or to be made available in connection with a function
transferred to the Transportation Security Administration by this Act
shall be transferred to the Transportation Security Administration for
use in connection with the functions transferred. Unexpended balances
of appropriations, allocations, and other funds made available to the
Federal Aviation Administration to carry out such functions shall also
be transferred to the Transportation Security Administration for use in
connection with the functions transferred.
(b) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, settlements,
agreements, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to become
effective by the Federal Aviation Administration, any officer or
employee thereof, or any other Government official, or by a court
of competent jurisdiction, in the performance of any function that
is transferred by this Act; and
(2) that are in effect on the effective date of such transfer
(or become effective after such date pursuant to their terms as in
effect on such effective date), shall continue in effect according
to their terms until modified, terminated, superseded, set aside,
or revoked in accordance with law by the Under Secretary of
Transportation for Security, any other authorized official, a court
of competent jurisdiction, or operation of law.
(c) Proceedings.--
(1) In general.--The provisions of this Act shall not affect
any proceedings or any application for any license pending before
the Federal Aviation Administration at the time this Act takes
effect, insofar as those functions are transferred by this Act; but
such proceedings and applications, to the extent that they relate
to functions so transferred, shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this Act had
not been enacted; and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of competent
jurisdiction, or by operation of law.
(2) Statutory construction.--Nothing in this subsection shall
be deemed to prohibit the discontinuance or modification of any
proceeding described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding could have
been discontinued or modified if this Act had not been enacted.
(3) Orderly transfer.--The Secretary of Transportation is
authorized to provide for the orderly transfer of pending
proceedings from the Federal Aviation Administration.
(d) Suits.--
(1) In general.--This Act shall not affect suits commenced
before the date of the enactment of this Act, except as provided in
paragraphs (2) and (3). In all such suits, proceeding shall be had,
appeals taken, and judgments rendered in the same manner and with
the same effect as if this Act had not been enacted.
(2) Suits by or against faa.--Any suit by or against the
Federal Aviation Administration begun before the date of the
enactment of this Act shall be continued, insofar as it involves a
function retained and transferred under this Act, with the
Transportation Security Administration (to the extent the suit
involves functions transferred to the Transportation Security
Administration under this Act) substituted for the Federal Aviation
Administration.
(3) Remanded cases.--If the court in a suit described in
paragraph (1) remands a case to the Transportation Security
Administration, subsequent proceedings related to such case shall
proceed in accordance with applicable law and regulations as in
effect at the time of such subsequent proceedings.
(e) Continuance of Actions Against Officers.--No suit, action, or
other proceeding commenced by or against any officer in his official
capacity as an officer of the Federal Aviation Administration shall
abate by reason of the enactment of this Act. No cause of action by or
against the Federal Aviation Administration, or by or against any
officer thereof in his official capacity, shall abate by reason of the
enactment of this Act.
(f) Exercise of Authorities.--Except as otherwise provided by law,
an officer or employee of the Transportation Security Administration
may, for purposes of performing a function transferred by this Act or
the amendments made by this Act, exercise all authorities under any
other provision of law that were available with respect to the
performance of that function to the official responsible for the
performance of the function immediately before the effective date of
the transfer of the function under this Act.
(g) Act Defined.--In this section, the term ``Act'' includes the
amendments made by this Act.

88d8525623d7b54810c3cc75e6e37bcbf420ac1fddc707d6b7785bc35142f642

The President's budget submission for fiscal year 2003 and each
fiscal year thereafter shall reflect the establishment of the
Transportation Security Administration.

399f984a54b0420280a8d9342337453d61a3861f1ead579acecc39783d8215be

In the case of a grant for land acquisition issued to an airport
under chapter 471 of title 49, United States Code, prior to January 1,
1995, the Secretary of Transportation may waive the provisions of
section 47108 of such title and provide an upward adjustment in the
maximum obligation of the United States under that chapter to assist
the airport in funding land acquisition costs (and associated eligible
costs) that increased as a result of a judicial order.

43dbaccaf4dd21caf6bc722ab3d8b7a27dabc31cd35b12f1d754ef3bd804c302

VIOLENCE OR AIRCRAFT PIRACY.
Section 44903 is amended by adding at the end the following:
``(h) Limitation on Liability for Acts To Thwart Criminal Violence
or Aircraft Piracy.--An individual shall not be liable for damages in
any action brought in a Federal or State court arising out of the acts
of the individual in attempting to thwart an act of criminal violence
or piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was about
to occur.''.

66aa9f7be626a30b5c460ee3804da08879dc49828dc7dd782635466c33f1f661

SERVICE.
(a) In General.--Each air carrier that provides scheduled air
transportation on a route shall provide, to the extent practicable, air
transportation to passengers ticketed for air transportation on that
route by any other air carrier that suspends, interrupts, or
discontinues air passenger service on the route by reason of insolvency
or bankruptcy of the other air carrier.
(b) Passenger Obligation.--An air carrier is not required to
provide air transportation under subsection (a) to a passenger unless
that passenger makes alternative arrangements with the air carrier for
such transportation within 60 days after the date on which that
passenger's air transportation was suspended, interrupted, or
discontinued (without regard to the originally scheduled travel date on
the ticket).
(c) Sunset.--This section does not apply to air transportation the
suspension, interruption, or discontinuance of which occurs more than
18 months after the date of enactment of this Act.

fae2e5bddcd8136937e7a390d81bc17e580d57e02f98b5e43e9c874e219dbb1b

Upon request of an operator of an aircraft affected by the
restrictions imposed under Notice to Airmen FDC 1/0618 issued by the
Federal Aviation Administration, or any other notice issued after
September 11, 2001, and prior to the date of enactment of this Act that
restricts the ability of United States registered aircraft to conduct
operations under part 91 of title 14, Code of Federal Regulations, in
enhanced class B airspace (as defined by such Notice), such
restrictions shall cease to be in effect for the affected class of
operator beginning on the 30th day following the request, unless the
Secretary of Transportation publishes a notice in the Federal Register
before such 30th day reimposing the restriction and explaining the
reasons for the restriction.

f1b5ad1b99b55eff1c5116f9df34ffbc416eac8a51074d1692377610a78ac389

Section 44306(b) of title 49, United States Code, is amended by
striking ``60 days'' each place it appears and inserting ``1 year''.

53f9d1c51ff92be55a7004e0fd7fbf63c7610c8d42c29fb8a076474e254d156c

AMENDMENTS.
(a) Recovery of Collateral Source Obligations of Terrorists.--
Section 405(c)(3)(B)(i) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended by striking
``obligations.'' and inserting ``obligations, or to a civil action
against any person who is a knowing participant in any conspiracy to
hijack any aircraft or commit any terrorist act.''.
(b) Extension of Liability Relief to Aircraft Manufacturers and
Others.--Section 408 of that Act is amended--
(1) by striking ``air carrier'' in the section heading;
(2) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Liability limited to insurance coverage.--Notwithstanding
any other provision of law, liability for all claims, whether for
compensatory or punitive damages or for contribution or indemnity,
arising from the terrorist-related aircraft crashes of September
11, 2001, against an air carrier, aircraft manufacturer, airport
sponsor, or person with a property interest in the World Trade
Center, on September 11, 2001, whether fee simple, leasehold or
easement, direct or indirect, or their directors, officers,
employees, or agents, shall not be in an amount greater than the
limits of liability insurance coverage maintained by that air
carrier, aircraft manufacturer, airport sponsor, or person.
``(2) Willful defaults on rebuilding obligation.--Paragraph (1)
does not apply to any such person with a property interest in the
World Trade Center if the Attorney General determines, after notice
and an opportunity for a hearing on the record, that the person has
defaulted willfully on a contractual obligation to rebuild, or
assist in the rebuilding of, the World Trade Center.
``(3) Limitations on liability for new york city.--Liability
for all claims, whether for compensatory or punitive damages or for
contribution or indemnity arising from the terrorist-related
aircraft crashes of September 11, 2001, against the City of New
York shall not exceed the greater of the city's insurance coverage
or $350,000,000. If a claimant who is eligible to seek compensation
under section 405 of this Act, submits a claim under section 405,
the claimant waives the right to file a civil action (or to be a
party to an action) in any Federal or State court for damages
sustained as a result of the terrorist-related aircraft crashes of
September 11, 2001, including any such action against the City of
New York. The preceding sentence does not apply to a civil action
to recover collateral source obligations.''; and
(3) by adding at the end of subsection (c) the following:
``Subsections (a) and (b) do not apply to civil actions to recover
collateral source obligations. Nothing in this section shall in any
way limit any liability of any person who is engaged in the
business of providing air transportation security and who is not an
airline or airport sponsor or director, officer, or employee of an
airline or airport sponsor.''.
(c) Limitation of United States Subrogation Right.--Section 409 of
that Act is amended by striking ``title.'' and inserting ``title,
subject to the limitations described in section 408.''.
(d) Definitions.--Section 402 of that Act is amended--
(1) by adding at the end of paragraph (1) the following: ``The
term `air carrier' does not include a person, other than an air
carrier, engaged in the business of providing air transportation
security.''.
(2) by redesignating paragraphs (3) through (8) as paragraphs
(5) through (10), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Aircraft manufacturer.--The term `aircraft manufacturer'
means any entity that manufactured the aircraft or any parts or
components of the aircraft involved in the terrorist related
aircraft crashes of September 11, 2001, including employees and
agents of that entity.
``(4) Airport sponsor.--The term `airport sponsor' means the
owner or operator of an airport (as defined in section 40102 of
title 49, United States Code).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

63933e470a64a2d7a2335ad964bba19255a0fe6b9060576778081652a6c1cb6b

Sky Marshals bill — S. 1447

Other Sections

TITLE I

TITLE II

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