[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2144 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2144
To amend title 49, United States Code, to make technical corrections
and improvements relating to aviation security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2003
Mr. Young of Alaska (for himself, Mr. Mica, Mr. Oberstar, and Mr.
DeFazio) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to make technical corrections
and improvements relating to aviation security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation Security
Technical Corrections and Improvements Act of 2003''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49, United States Code.
TITLE I--AVIATION SECURITY TECHNICAL CORRECTIONS AND IMPROVEMENTS
Sec. 101. Transportation security functions of Department of Homeland
Security.
Sec. 102. Amendments to chapter 1.
Sec. 103. Amendment to chapter 3.
Sec. 104. Amendment to chapter 337.
Sec. 105. Amendments to chapter 401.
Sec. 106. Amendments to chapter 411.
Sec. 107. Amendment to chapter 443.
Sec. 108. Amendments to chapter 445.
Sec. 109. Amendments to chapter 461.
Sec. 110. Amendments to chapter 463.
Sec. 111. Amendments to chapter 465.
Sec. 112. Amendments to chapter 471.
Sec. 113. Amendment to chapter 481.
Sec. 114. Amendments to Aviation and Transportation Security Act.
Sec. 115. Amendment to title 5, United States Code.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Exemption for charter operations to provide transportation
for the Armed Forces.
Sec. 202. Charter flights at Ronald Reagan Washington National Airport.
Sec. 203. Pilot program for cargo security.
Sec. 204. Trusted traveler program.
Sec. 205. Threats to United States airports.
Sec. 206. Blast-resistant cargo container technology.
Sec. 207. Allocations of passenger and baggage screening personnel and
equipment.
Sec. 208. Reimbursement of air carriers for certain screening and
related activities.
SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
TITLE I--AVIATION SECURITY TECHNICAL CORRECTIONS AND IMPROVEMENTS
SEC. 101. TRANSPORTATION SECURITY FUNCTIONS OF DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Subtitle II is amended--
(1) by striking the table of chapters and inserting the
following:
``PART A--NATIONAL TRANSPORTATION SAFETY BOARD
``Chapter Sec.
``11. NATIONAL TRANSPORTATION SAFETY BOARD.................. 1101
``PART B--DEPARTMENT OF HOMELAND SECURITY
``12. GENERAL PROVISIONS.................................... 1201
``13. TRANSPORTATION SECURITY ADMINISTRATION................ 1301
``15. AVIATION SECURITY..................................... 1501
``17. INVESTIGATIONS AND PROCEEDINGS........................ 1701
``19. PENALTIES............................................. 1901'';
(2) by inserting before the chapter heading for chapter 11
the following:
``PART A--NATIONAL TRANSPORTATION SAFETY BOARD'';
and
(3) by adding at the end the following:
``PART B--DEPARTMENT OF HOMELAND SECURITY
``CHAPTER 12--GENERAL PROVISIONS
``Sec.
``1201. Definitions.
``Sec. 1201. Definitions
``(a) In General.--In this part, the following definitions apply:
``(1) Under secretary for border and transportation
security.--The term `Under Secretary for Border and
Transportation Security' means the Under Secretary for Border
and Transportation Security of the Department of Homeland
Security.
``(b) Applicability of Definitions in Subtitle VII.--Except as
otherwise specifically provided, the definitions contained in section
40102 shall apply to this part.
``CHAPTER 13--TRANSPORTATION SECURITY ADMINISTRATION
``SUBCHAPTER I--ORGANIZATION AND ADMINISTRATIVE
``Sec.
``1301. Transportation Security Administration.
``1302. Transportation Security Oversight Board.
``1303. Small business ombudsman.
``SUBCHAPTER II--AUTHORITY
``1321. Authority of Under Secretary for Border and Transportation
Security.
``1322. National emergency responsibilities.
``1323. Management of security information.
``1324. Views of National Transportation Safety Board,
``1325. Acquisitions.
``1326. Reserved.
``1327. Regulations.
``1328. Personnel and services; cooperation by Under Secretary.
``1329. Personnel management system.
``1330. Acquisition management system.
``1331. Authority of Inspector General.
``1332. Law enforcement powers.
``1333. Authority to exempt.
``1334. Nondisclosure of security activities.
``1335. Administrative.
``SUBCHAPTER I--ORGANIZATION AND ADMINISTRATIVE
``Sec. 1301. Transportation Security Administration
``(a) In General.--The Transportation Security Administration shall
be an administration within the Directorate of Border and
Transportation Security in the Department of Homeland Security.
``(b) Administrator.--
``(1) Appointment.--The head of the Administration shall be
the Administrator of the Transportation Security
Administration. The Administrator shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) Qualifications.--The Administrator must--
``(A) be a citizen of the United States; and
``(B) have experience in a field directly related
to transportation or security.
``(3) Term.--The term of office of an individual appointed
as the Administrator shall be 5 years.
``(4) Bonus eligibility.--In addition to the annual rate of
pay authorized by section 5313 of title 5, the Administrator
may receive a bonus for any calendar year not to exceed 30
percent of the annual rate of pay, based on the evaluation of
the Under Secretary for Border and Transportation Security of
the performance of the Administrator.
``(c) Limitation on Ownership of Stocks and Bonds.--The
Administrator may not own stock in or bonds of a transportation or
security enterprise or an enterprise that makes equipment that could be
used for security purposes.
``Sec. 1302. Transportation Security Oversight Board
``(a) In General.--There is established in the Department of
Homeland Security 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 Homeland Security, or the
Secretary's designee.
``(B) The Secretary of Transportation, or the
Secretary's designee.
``(C) The Attorney General, or the Attorney
General's designee.
``(D) The Secretary of Defense, or the Secretary's
designee.
``(E) The Secretary of the Treasury, or the
Secretary's designee.
``(F) The Director of the Central Intelligence
Agency, or the Director's designee.
``(G) One member appointed by the President to
represent the National Security Council.
``(2) Chairperson.--The Chairperson of the Board shall be
the Secretary of Homeland Security.
``(c) Duties.--The Board shall--
``(1) review and ratify or disapprove any regulation or
security directive issued by the Under Secretary for Border and
Transportation Security under section 1337(b) 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; and
``(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.
``Sec. 1303. Small business ombudsman
``(a) Establishment.--There shall be in the Transportation Security
Administration a Small Business Ombudsman.
``(b) General Duties and Responsibilities.--The Ombudsman shall--
``(1) be appointed by the Administrator of the
Transportation Security Administration;
``(2) serve as a liaison with small businesses in the
aviation and security industries;
``(3) be consulted when the Under Secretary for Border and
Transportation Security proposes regulations that may affect
small businesses in the aviation or security industry so as to
minimize any adverse affect on those businesses;
``(4) provide assistance to small businesses in resolving
disputes with the Under Secretary or Administrator; and
``(5) report directly to the Administrator.
``SUBCHAPTER II--AUTHORITY
``Sec. 1321. Authority of Under Secretary for Border and Transportation
Security
``(a) Functions, Duties, and Powers.--In addition to other
functions, duties, and powers authorized by law, and except as
otherwise specifically provided, the Under Secretary for Border and
Transportation Security shall exercise the functions, duties, and
powers set forth in this part.
``(b) Delegation of Authorities to TSA Administrator.--The Under
Secretary may delegate such functions, duties, and powers to the
Administrator of the Transportation Security Administration as the
Under Secretary considers appropriate.
``(c) Functions.--The Under Secretary shall be responsible for
security in all modes of transportation, including--
``(1) carrying out chapter 15, relating to civil aviation
security and related research and development activities; and
``(2) security responsibilities over other modes of
transportation that are exercised by the Department of Homeland
Security.
``(d) Screening Operations.--The Under Secretary shall--
``(1) be responsible for day-to-day Federal security
screening operations for passenger air transportation and
intrastate air transportation under sections 1501 and 1535;
``(2) develop standards for the hiring and retention of
security screening personnel;
``(3) train and test security screening personnel; and
``(4) be responsible for hiring and training personnel to
provide security screening at all airports in the United States
where screening is required under section 1501, in consultation
with the Secretary of Transportation and the heads of other
appropriate Federal agencies and departments.
``(e) Additional Duties and Powers.--In addition to carrying out
the functions specified in this section, the Under Secretary shall--
``(1) receive, assess, and distribute intelligence
information related to transportation security;
``(2) assess threats to transportation;
``(3) develop policies, strategies, and plans for dealing
with threats to transportation security;
``(4) make other plans related to transportation security,
including coordinating countermeasures with appropriate
departments, agencies, and instrumentalities of the United
States Government;
``(5) serve as the primary liaison for transportation
security to the intelligence and law enforcement communities;
``(6) on a day-to-day basis, manage and provide operational
guidance to the field security resources of the Administration,
including Federal Security Directors as provided by section
1533;
``(7) enforce security-related regulations and
requirements;
``(8) identify and undertake research and development
activities necessary to enhance transportation security;
``(9) inspect, maintain, and test security facilities,
equipment, and systems;
``(10) ensure the adequacy of security measures for the
transportation of cargo;
``(11) oversee the implementation, and ensure the adequacy,
of security measures at airports and other transportation
facilities;
``(12) require background checks for airport security
screening personnel, individuals with access to secure areas of
airports, and other transportation security personnel;
``(13) work in conjunction with the Administrator of the
Federal Aviation Administration with respect to any actions or
activities that may affect aviation safety or air carrier
operations;
``(14) work with the International Civil Aviation
Organization and appropriate aeronautic authorities of foreign
governments under section 1507 to address security concerns on
passenger flights by foreign air carriers in foreign air
transportation;
``(15) carry out such other duties, and exercise such other
powers, relating to transportation security as the Under
Secretary considers appropriate, to the extent authorized by
law; and
``(16) review and, as necessary, develop ways to strengthen
air transportation security, including ways--
``(A) to strengthen controls over checked baggage
in air transportation, including ways to ensure baggage
reconciliation and inspection of items in passenger
baggage that could potentially contain explosive
devices;
``(B) to strengthen controls over individuals
having access to aircraft;
``(C) to improve testing of security systems;
``(D) to ensure the use of best available equipment
for air transportation security purposes;
``(E) to strengthen preflight screening of
passengers;
``(F) to strengthen and enhance the ability to
detect or neutralize nonexplosive weapons, such as
biological, chemical, or similar substances; and
``(G) to evaluate such additional measures as may
be appropriate to enhance inspection of passengers,
baggage, and cargo.
``Sec. 1322. National emergency responsibilities
``(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall prescribe the
circumstances constituting a national emergency for purposes of this
section and address the coordination of transportation security
responsibilities in the case of a national emergency.
``(b) Responsibilities of Under Secretary.--Subject to the
direction and control of the Secretary of Homeland Security, the Under
Secretary for Border and Transportation Security, during a national
emergency, shall have the following responsibilities:
``(1) To coordinate domestic transportation, including
aviation, rail, and other surface transportation, and maritime
transportation (including port security).
``(2) To coordinate and oversee the transportation-related
responsibilities of other departments and agencies of the
Federal Government other than the Department of Defense and the
military departments.
``(3) To coordinate and provide notice to other departments
and agencies of the Federal Government, and appropriate
agencies of State and local governments, including departments
and agencies for transportation, law enforcement, and border
control, about threats to transportation.
``(4) To carry out such other duties, and exercise such
other powers, relating to transportation during a national
emergency as the Secretary shall prescribe.
``(c) Authority of Other Departments and Agencies.--The authority
of the Under Secretary under this section shall not supersede the
authority of any other department or agency of the Federal Government
under law with respect to transportation or transportation-related
matters, whether or not during a national emergency.
``Sec. 1323. Management of security information
``In consultation with the Transportation Security Oversight Board,
the Under Secretary for Border and Transportation Security shall--
``(1) enter into memoranda of understanding with Federal
agencies or other entities to share or otherwise cross-check as
necessary data on individuals identified on Federal agency
databases who may pose a risk to transportation or national
security;
``(2) establish procedures for notifying the Administrator
of the Federal Aviation Administration, appropriate State and
local law enforcement officials, and airport or airline
security officers of the identity of individuals known to pose,
or suspected of posing, a risk of air piracy or terrorism or a
threat to airline or passenger safety;
``(3) in consultation with other appropriate Federal
agencies and air carriers, establish policies and procedures
requiring air carriers--
``(A) to use information from government agencies
to identify individuals on passenger lists who may be a
threat to civil aviation or national security; and
``(B) if such an individual is identified, notify
appropriate law enforcement agencies, prevent the
individual from boarding an aircraft, or take other
appropriate action with respect to that individual; and
``(4) consider requiring passenger air carriers to share
passenger lists with appropriate Federal agencies for the
purpose of identifying individuals who may pose a threat to
aviation safety or national security.
``Sec. 1324. Views of National Transportation Safety Board
In taking any action under this subchapter that could affect
safety, the Under Secretary for Border and Transportation Security
shall give great weight to the timely views of the National
Transportation Safety Board.
``Sec. 1325. Acquisitions
``(a) In General.--The Under Secretary for Border and
Transportation Security is authorized--
``(1) to acquire (by purchase, lease, condemnation, or
otherwise) such real property, or any interest therein, within
and outside the continental United States, as the Under
Secretary considers necessary;
``(2) to acquire (by purchase, lease, condemnation, or
otherwise) and to construct, repair, operate, and maintain such
personal property (including office space and patents), or any
interest therein, within and outside the continental United
States, as the Under Secretary considers necessary;
``(3) to lease to others such real and personal property
and to provide by contract or otherwise for necessary
facilities for the welfare of its employees and to acquire,
maintain, and operate equipment for these facilities;
``(4) to acquire services, including such personal services
as the Under Secretary determines necessary, and to acquire (by
purchase, lease, condemnation, or otherwise) and to construct,
repair, operate, and maintain research and testing sites and
facilities; and
``(5) in cooperation with the Administrator of the Federal
Aviation Administration, to utilize the research and
development facilities of the Federal Aviation Administration.
``(b) Title.--Title to any property or interest therein acquired
pursuant to this subsection shall be held by the Government of the
United States.
``(c) Authority of GSA.--Notwithstanding subsection (a), the Under
Secretary may not undertake any project for which congressional
approval is required under section 3307 of title 40.
``Sec. 1326. Reserved
``Sec. 1327. Regulations
``(a) In General.--The Under Secretary for Border and
Transportation Security is authorized to issue, rescind, and revise
such regulations as are necessary to carry out the functions of the
Transportation Security Administration.
``(b) Emergency Procedures.--
``(1) In general.--Notwithstanding any other provision of
law or executive order (including an executive order requiring
a cost-benefit analysis), if the Under Secretary determines
that a regulation or security directive must be issued
immediately in order to protect transportation security, the
Under Secretary shall issue the regulation or security
directive without providing notice or an opportunity for
comment and without prior approval of the Secretary of Homeland
Security.
``(2) Review by transportation security oversight board.--
Any regulation or security directive issued under this
subsection shall be subject to review by the Transportation
Security Oversight Board established under section 1312. Any
regulation or security directive issued under this subsection
shall remain effective for a period not to exceed 90 days
unless ratified or disapproved by the Board or rescinded by the
Under Secretary.
``(c) Factors to Consider.--In determining whether to issue,
rescind, or revise a regulation under this subchapter, the Under
Secretary shall consider, as a factor in the final determination,
whether the costs of the regulation are excessive in relation to the
enhancement of security the regulation will provide. The Under
Secretary may waive requirements for an analysis that estimates the
number of lives that will be saved by the regulation and the monetary
value of such lives if the Under Secretary determines that it is not
feasible to make such an estimate.
``(d) Airworthiness Objections by FAA.--
``(1) In general.--The Under Secretary shall not take an
aviation security action under this title if the Administrator
of the Federal Aviation Administration notifies the Under
Secretary that the action could adversely affect the
airworthiness of an aircraft.
``(2) Review by secretary.--Notwithstanding paragraph (1),
the Under Secretary may take such an action, after receiving a
notification concerning the action from the Administrator of
the Federal Aviation Administration under paragraph (1), if the
Secretary of Homeland Security, after consultation with the
Secretary of Transportation, subsequently approves the action.
``Sec. 1328. Personnel and services; cooperation by Under Secretary
``(a) Authority of Under Secretary.--In carrying out the functions
of the Transportation Security Administration, the Under Secretary for
Border and Transportation Security shall have the same authority as is
provided to the Administrator of the Federal Aviation Administration
under subsections (l) and (m) of section 106.
``(b) Authority of Agency Heads.--The head of a Federal agency
shall have the same authority to provide services, supplies, equipment,
personnel, and facilities to the Under Secretary as the head has to
provide services, supplies, equipment, personnel, and facilities to the
Administrator of the Federal Aviation Administration under section
106(m).
``Sec. 1329. Personnel management system
``The personnel management system established by the Administrator
of the Federal Aviation Administration under section 40122 shall apply
to employees of the Transportation Security Administration, or, subject
to the requirements of such section, the Under Secretary for Border and
Transportation Security may make such modifications to the personnel
management system with respect to such employees as the Under Secretary
considers appropriate, such as adopting aspects of other personnel
systems of the Department of Transportation or the Department of
Homeland Security.
``Sec. 1330. Acquisition management system
``The acquisition management system established by the
Administrator of the Federal Aviation Administration under section
40110 shall apply to acquisitions of supplies, services, and property
by the Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary for Border and
Transportation Security may make such modifications to the acquisition
management system with respect to such acquisitions of supplies,
services, and property as the Under Secretary considers appropriate,
such as adopting aspects of other acquisition management systems of the
Department of Transportation or the Department of Homeland Security.
Any appeal of a decision made under the acquisition system developed
under this subsection shall be conducted in accordance with section
1710.
``Sec. 1331. Authority of Inspector General
``The Transportation Security Administration shall be subject to
the Inspector General Act of 1978 (5 U.S.C. App.) and other laws
relating to the authority of the Inspector General of the Department of
Homeland Security.
``Sec. 1332. Law enforcement powers
``(a) In General.--The Under Secretary for Border and
Transportation Security may designate an employee of the Transportation
Security Administration to serve as a law enforcement officer.
``(b) Powers.--While engaged in official duties of the
Administration as required to fulfill the responsibilities under this
section, a law enforcement officer designated under subsection (a)
may--
``(1) carry a firearm;
``(2) make an arrest without a warrant for any offense
against the United States committed in the presence of the
officer, or for any felony cognizable under the laws of the
United States if the officer has probable cause to believe that
the person to be arrested has committed or is committing the
felony; and
``(3) seek and execute warrants for arrest or seizure of
evidence issued under the authority of the United States upon
probable cause that a violation has been committed.
``(c) Guidelines on Exercise of Authority.--The authority provided
by this section shall be exercised in accordance with guidelines
prescribed by the Under Secretary, in consultation with the Attorney
General of the United States, and shall include adherence to the
Attorney General's policy on use of deadly force.
``(d) Revocation or Suspension of Authority.--The powers authorized
by this section may be rescinded or suspended should the Attorney
General determine that the Under Secretary has not complied with the
guidelines prescribed in subsection (c) and conveys the determination
in writing to the Secretary of Homeland Security and the Under
Secretary.
``Sec. 1333. Authority to exempt
``The Under Secretary for Border and Transportation Security may
grant an exemption from a regulation prescribed in carrying out this
part if the Under Secretary determines that the exemption is in the
public interest.
``Sec. 1334. Nondisclosure of security activities
``(a) In General.--Notwithstanding section 552 of title 5, the
Under Secretary for Border and Transportation Security shall prescribe
regulations prohibiting the disclosure of information obtained or
developed in carrying out security under this part if the Under
Secretary decides that disclosing the information would--
``(1) be an unwarranted invasion of personal privacy;
``(2) reveal a trade secret or privileged or confidential
commercial or financial information; or
``(3) reveal a United States Government program or activity
for safeguarding the security of transportation.
``(b) Availability of Information to Congress.--Subsection (a) does
not authorize information to be withheld from a committee of Congress
authorized to have the information.
``(c) Limitation on Transferability of Duties.--Except as otherwise
provided by law, the Under Secretary may not transfer a duty or power
under this section to another department, agency, or instrumentality of
the United States.
``Sec. 1335. Administrative
``(a) General Authority.--The Under Secretary for Border and
Transportation Security may take action the Under Secretary considers
necessary to carry out this part, including conducting investigations,
prescribing regulations, standards, and procedures, and issuing orders.
``(b) Indemnification.--The Under Secretary for Border and
Transportation Security may indemnify an officer or employee of the
Transportation Security Administration against a claim or judgment
arising out of an act that the Under Secretary decides was committed
within the scope of the official duties of the officer or employee.
``CHAPTER 15--AVIATION SECURITY
``SUBCHAPTER I--REQUIREMENTS
``Sec.
``1501. Screening passengers and property.
``1502. Refusal to transport passengers and property.
``1503. Air transportation security.
``1504. Domestic air transportation system security.
``1505. Information about threats to civil aviation.
``1506. Foreign air carrier security programs.
``1507. Security standards at foreign airports.
``1508. Travel advisory and suspension of foreign assistance.
``1509. Passenger manifests.
``1510. Agreements on aircraft sabotage, aircraft hijacking, and
airport security.
``1511. Intelligence.
``1512. Research and development.
``1513. Explosive detection.
``1514. Airport construction guidelines.
``1515. Exemptions.
``1516. Assessments and evaluations.
``1517. Deployment of Federal air marshals.
``1518. Crew training.
``1519. Security screening pilot program.
``1520. Security screening opt-out program.
``1521. Federal flight deck officer program.
``1522. Deputation of State and local law enforcement officers.
``1523. Limitation of flights over certain stadiums.
``1524. Certification of explosives detection canine and handler teams.
``1525. Airport security improvement projects.
``1526. Repair station security.
``SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
``1531. Reserved.
``1532. Reserved.
``1533. Federal Security Directors.
``1534. Foreign Security Liaison Officers.
``1535. Employment standards and training.
``1536. Employment investigations and restrictions.
``1537. Prohibition on transferring duties and powers.
``1538. Reports.
``1539. Training to operate certain aircraft.
``1540. Security service fee.
``1541. Immunity for reporting suspicious activities.
``1542. Performance goals and objectives.
``1543. Performance management system.
``1544. Voluntary provision of emergency services.
``SUBCHAPTER I--REQUIREMENTS
``Sec. 1501. Screening passengers and property
``(a) In General.--The Under Secretary for Border and
Transportation 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
or, in the case of United States mail, by an employee or officer of the
United States Postal Service under standards and procedures established
pursuant to a Memorandum of Understanding between the Under Secretary
and the United States Postal Service) except as otherwise provided in
section 1519 or 1520 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 January 19, 2002.
``(d) Explosive Detection Systems.--
``(1) In general.--The Under Secretary for Border and
Transportation 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 1503(c) have sufficient
explosive detection systems to screen all checked
baggage no later than December 31, 2002, and that as
soon as such systems are in place at an airport, all
checked baggage at the airport is screened by those
systems; and
``(B) all systems deployed under subparagraph (A)
are fully utilized; and
``(C) if explosive detection equipment at an
airport is unavailable, all checked baggage is screened
by an alternative means.
``(2) Deadline.--
``(A) In general.--If, in his discretion or at the
request of an airport, the Under Secretary determines
that the Transportation Security Administration is not
able to deploy explosive detection systems required to
be deployed under paragraph (1) at all airports where
explosive detection systems are required by December
31, 2002, then with respect to each airport for which
the Under Secretary makes that determination--
``(i) the Under Secretary shall submit to
the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives
Committee on Transportation and Infrastructure
a detailed plan (which may be submitted in
classified form) for the deployment of the
number of explosive detection systems at that
airport necessary to meet the requirements of
paragraph (1) as soon as practicable at that
airport but in no event later than December 31,
2003; and
``(ii) the Under Secretary shall take all
necessary action to ensure that alternative
means of screening all checked baggage is
implemented until the requirements of paragraph
(1) have been met.
``(B) Criteria for determination.--In making a
determination under subparagraph (A), the Under
Secretary shall take into account--
``(i) the nature and extent of the required
modifications to the airport's terminal
buildings, and the technical, engineering,
design, and construction issues;
``(ii) the need to ensure that such
installations and modifications are effective;
and
``(iii) the feasibility and cost-
effectiveness of deploying explosive detection
systems in the baggage sorting area or other
non-public area rather than the lobby of an
airport terminal building.
``(C) Response.--The Under Secretary shall respond
to the request of an airport under subparagraph (A)
within 14 days of receiving the request. A denial of a
request shall create no right of appeal or judicial
review.
``(D) Airport effort required.--Each airport with
respect to which the Under Secretary makes a
determination under subparagraph (A) shall cooperate
fully with the Under Secretary with respect to
screening checked baggage and changes to accommodate
explosive detection systems.
``(3) Reports.--Until the Under Secretary has met the
requirements of paragraph (1), the Under Secretary shall submit
a classified report every 30 days after December 31, 2002, to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure describing the progress made toward meeting
such requirements at each airport.
``(e) Mandatory Screening Where EDS Not Yet Available.--As soon as
practicable but not later than January 19, 2002, and until the
requirements of subsection (d)(1) 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 November 19, 2001.
``(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. The Under Secretary may
allow law enforcement personnel to be stationed other than at
the airport security screening location if that would be
preferable for law enforcement purposes and if such personnel
would still be able to provide prompt responsiveness to
problems occurring at the screening location.
``(2) Minimum requirements.--The Under Secretary shall
order the deployment of at least 1 law enforcement officer at
each airport security screening location. At the 100 largest
airports in the United States, in terms of annual passenger
enplanements for the most recent calendar year for which data
are available, the Under Secretary shall order the deployment
of additional law enforcement personnel at airport security
screening locations if the Under Secretary determines that the
additional deployment is necessary to ensure passenger safety
and national security.
``(h) Exemptions and Advising Congress on Regulations.--The Under
Secretary--
``(1) may exempt from this section air transportation
operations, except scheduled passenger operations of an air
carrier providing air transportation under a certificate issued
under section 41102 or a permit issued under section 41302; and
``(2) shall advise Congress of a regulation to be
prescribed under this section at least 30 days before the
effective date of the regulation, unless the Under Secretary
decides an emergency exists requiring the regulation to become
effective in fewer than 30 days and notifies Congress of that
decision.
``(i) Special Rules.--
``(1) Limitation on liability.--An officer or employee of
the United States, acting in good faith and within the scope of
employment, shall not be liable for any claim arising from the
inspection of persons or property performed under the authority
of this section or section 1503.
``(2) Nonapplicability of federal tort claims act to
certain claims.--The provisions of chapter 171 and section
1346(b) of title 28, United States Code, shall not apply to any
claim arising from the loss, detention, or negligent handling
of property subject to inspection or security screening
operations under this section or section 1503.
``(3) Settlement of small claims.--The provisions of
section 3723 of title 31 shall apply to any claim arising from
the loss, detention, or negligent handling of property subject
to inspection or security screening operations under this
section or section 1503; except that the maximum amount for
which such a claim may be settled under section 3723(a) shall
be $2,500.
``Sec. 1502. Refusal to transport passengers and property
``(a) Mandatory Refusal.--The Under Secretary for Border and
Transportation Security shall prescribe regulations requiring an air
carrier, intrastate air carrier, or foreign air carrier to refuse to
transport--
``(1) a passenger who does not consent to a search under
section 1501(a) establishing whether the passenger is carrying
unlawfully a dangerous weapon, explosive, or other destructive
substance; or
``(2) property of a passenger who does not consent to a
search of the property establishing whether the property
unlawfully contains a dangerous weapon, explosive, or other
destructive substance.
``(b) Permissive Refusal.--Subject to regulations of the Under
Secretary, an air carrier, intrastate air carrier, or foreign air
carrier may refuse to transport a passenger or property the carrier
decides is, or might be, inimical to safety.
``(c) Agreeing to Consent to Search.--An agreement to carry
passengers or property in air transportation or intrastate air
transportation by an air carrier, intrastate air carrier, or foreign
air carrier is deemed to include an agreement that the passenger or
property will not be carried if consent to search the passenger or
property for a purpose referred to in this section is not given.
``Sec. 1503. Air transportation security
``(a) Definition.--In this section, the term `law enforcement
personnel' means individuals--
``(1) authorized to carry and use firearms;
``(2) vested with the degree of the police power of arrest
the Under Secretary for Border and Transportation Security
considers necessary to carry out this section; and
``(3) identifiable by appropriate indicia of authority.
``(b) Protection Against Violence and Piracy.--The Under Secretary
shall prescribe regulations to protect passengers and property on an
aircraft operating in air transportation or intrastate air
transportation against an act of criminal violence or aircraft piracy.
When prescribing a regulation under this subsection, the Under
Secretary shall--
``(1) consult with the Secretary of Transportation, the
Attorney General, the heads of other departments, agencies, and
instrumentalities of the United States Government, and State
and local authorities;
``(2) consider whether a proposed regulation is consistent
with--
``(A) protecting passengers; and
``(B) the public interest in promoting air
transportation and intrastate air transportation;
``(3) to the maximum extent practicable, require a uniform
procedure for searching and detaining passengers and property
to ensure--
``(A) their safety; and
``(B) courteous and efficient treatment by an air
carrier, an agent or employee of an air carrier, and
Government, State, and local law enforcement personnel
carrying out this section; and
``(4) consider the extent to which a proposed regulation
will carry out this section.
``(c) Security Programs.--
``(1) In general.--
``(A) Establishment.--The Under Secretary shall
prescribe regulations under subsection (b) that require
each operator of an airport regularly serving an air
carrier holding a certificate issued by the Secretary
of Transportation to establish an air transportation
security program that provides a law enforcement
presence and capability at each of those airports that
is adequate to ensure the safety of passengers.
``(B) Use of law enforcement personnel.--
``(i) State, local, and private.--The
regulations shall authorize an operator of an
airport to use the services of qualified State,
local, and private law enforcement personnel.
``(ii) Federal government.--When the Under
Secretary decides, after being notified by an
operator of an airport in the form the Under
Secretary prescribes, that not enough qualified
State, local, and private law enforcement
personnel are available to carry out subsection
(b), the Under Secretary may authorize the
operator to use, on a reimbursable basis,
personnel employed by the Under Secretary, or
by another department, agency, or
instrumentality of the Government with the
consent of the head of the department, agency,
or instrumentality, to supplement State, local,
and private law enforcement personnel. When
deciding whether additional personnel are
needed, the Under Secretary shall consider the
number of passengers boarded at the airport,
the extent of anticipated risk of criminal
violence or aircraft piracy at the airport or
to the air carrier aircraft operations at the
airport, and the availability of qualified
State or local law enforcement personnel at the
airport.
``(2) Approval.--
``(A) In general.--The Under Secretary may approve
a security program of an airport operator, or an
amendment in an existing program, that incorporates a
security program of an airport tenant (except an air
carrier separately complying with part 108 or 129 of
title 14, Code of Federal Regulations, or any successor
regulation) having access to a secured area of the
airport if the program or amendment incorporates--
``(i) the measures the tenant will use,
within the tenant's leased areas or areas
designated for the tenant's exclusive use under
an agreement with the airport operator, to
carry out the security requirements imposed by
the Under Secretary on the airport operator
under the access control system requirements of
section 107.14 of title 14, Code of Federal
Regulations (or any successor regulation), or
under other requirements of part 107 of title
14 (or any successor regulation); and
``(ii) the methods the airport operator
will use to monitor and audit the tenant's
compliance with the security requirements and
provides that the tenant will be required to
pay monetary penalties to the airport operator
if the tenant fails to carry out a security
requirement under a contractual provision or
requirement imposed by the airport operator.
``(B) Effect of approval.--If the Under Secretary
approves a program or amendment described in
subparagraph (A), the airport operator may not be found
to be in violation of a requirement of this subsection
or subsection (b) when the airport operator
demonstrates that the tenant or an employee, permittee,
or invitee of the tenant is responsible for the
violation and that the airport operator has complied
with all measures in its security program for securing
compliance with its security program by the tenant.
``(C) Use of chemical and biological weapon
detection equipment.--The Under Secretary may require
airports to maximize the use of technology and
equipment that is designed to detect or neutralize
potential chemical or biological weapons.
``(3) Pilot programs.--The Under Secretary shall establish
pilot programs in no fewer than 20 airports to test and
evaluate new and emerging technology for providing access
control and other security protections for closed or secure
areas of the airports. Such technology may include biometric or
other technology that ensures only authorized access to secure
areas.
``(d) Authorizing Individuals To Carry Firearms and Make Arrests.--
With the approval of the Attorney General and the Secretary of State,
the Secretary of Homeland Security may authorize an individual who
carries out air transportation security duties--
``(1) to carry firearms; and
``(2) to make arrests without warrant for an offense
against the United States committed in the presence of the
individual or for a felony under the laws of the United States,
if the individual reasonably believes the individual to be
arrested has committed or is committing a felony.
``(e) Exclusive Responsibility Over Passenger Safety.--The Under
Secretary has the exclusive responsibility to direct law enforcement
activity related to the safety of passengers on an aircraft involved in
an offense under section 46502 from the moment all external doors of
the aircraft are closed following boarding until those doors are opened
to allow passengers to leave the aircraft. When requested by the Under
Secretary, other departments, agencies, and instrumentalities of the
Government shall provide assistance necessary to carry out this
subsection.
``(f) Government and Industry Consortia.--The Under Secretary may
establish at airports such consortia of government and aviation
industry representatives as the Under Secretary may designate to
provide advice on matters related to aviation security. Such consortia
shall not be considered Federal advisory committees for purposes of the
Federal Advisory Committee Act (5 U.S.C. App.).
``(g) Improvement of Secured-Area Access Control.--
``(1) Enforcement.--
``(A) Under secretary to publish sanctions.--The
Under Secretary shall publish in the Federal Register a
list of sanctions for use as guidelines in the
discipline of employees for infractions of airport
access control requirements. The guidelines shall
incorporate a progressive disciplinary approach that
relates proposed sanctions to the severity or recurring
nature of the infraction and shall include measures
such as remedial training, suspension from security-
related duties, suspension from all duties without pay,
and termination of employment.
``(B) Use of sanctions.--Each airport operator, air
carrier, and security screening company shall include
the list of sanctions published by the Under Secretary
in its security program. The security program shall
include a process for taking prompt disciplinary action
against an employee who commits an infraction of
airport access control requirements.
``(2) Improvements.--The Under Secretary shall--
``(A) work with airport operators and air carriers
to implement and strengthen existing controls to
eliminate airport access control weaknesses;
``(B) require airport operators and air carriers to
develop and implement comprehensive and recurring
training programs that teach employees their roles in
airport security, the importance of their
participation, how their performance will be evaluated,
and what action will be taken if they fail to perform;
``(C) require airport operators and air carriers to
develop and implement programs that foster and reward
compliance with airport access control requirements and
discourage and penalize noncompliance in accordance
with guidelines issued by the Under Secretary to
measure employee compliance;
``(D) on an ongoing basis, assess and test for
compliance with access control requirements, report
annually findings of the assessments, and assess the
effectiveness of penalties in ensuring compliance with
security procedures and take any other appropriate
enforcement actions when noncompliance is found;
``(E) improve and better administer the Under
Secretary's security database to ensure its efficiency,
reliability, and usefulness for identification of
systemic problems and allocation of resources;
``(F) improve the execution of the Under
Secretary's quality control program; and
``(G) work with airport operators to strengthen
access control points in secured areas (including air
traffic control operations areas, maintenance areas,
crew lounges, baggage handling areas, concessions, and
catering delivery areas) to ensure the security of
passengers and aircraft and consider the deployment of
biometric or similar technologies that identify
individuals based on unique personal characteristics.
``(h) Improved Airport Perimeter Access Security.--
``(1) In general.--The Under Secretary, in consultation
with the airport operator and law enforcement authorities, may
order the deployment of such personnel at any secure area of
the airport as necessary to counter the risk of criminal
violence, the risk of aircraft piracy at the airport, the risk
to air carrier aircraft operations at the airport, or to meet
national security concerns.
``(2) Security of aircraft and ground access to secure
areas.--In determining where to deploy such personnel, the
Under Secretary shall consider the physical security needs of
air traffic control facilities, parked aircraft, aircraft
servicing equipment, aircraft supplies (including fuel),
automobile parking facilities within airport perimeters or
adjacent to secured facilities, and access and transition areas
at airports served by other means of ground or water
transportation.
``(3) Deployment of federal law enforcement personnel.--The
Under 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 screening or inspection of all
individuals, including employees of airport operators,
employees of air carriers or foreign air carriers, and
employees of concessionaires, before entry into a
sterile area of an airport in the United States
described in subsection (c);
``(B) shall require, as soon as practicable after
November 19, 2001, 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
1503(c);
``(C) 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;
``(D) 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 1503(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;
``(E) shall require vendors having direct access to
the airfield and aircraft to develop security programs;
and
``(F) 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.
``(i) Authority To Arm Flight Deck Crew With Less-Than-Lethal
Weapons.--
``(1) In general.--If the Under 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 Under 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 Under 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 Under
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.
``(3) Request of air carriers to use less-than-lethal
weapons.--If, after November 25, 2002, the Under Secretary
receives a request from an air carrier for authorization to
allow pilots of the air carrier to carry less-than-lethal
weapons, the Under Secretary shall respond to that request
within 90 days.
``(j) Short-Term Assessment and Deployment of Emerging Security
Technologies and Procedures.--
``(1) In general.--The Under Secretary shall recommend to
airport operators commercially available measures or procedures
to prevent access to secure airport areas by unauthorized
persons. As part of the assessment, the Under Secretary shall--
``(A) review the effectiveness of biometrics
systems currently in use at several United States
airports, including San Francisco International;
``(B) review the effectiveness of increased
surveillance at access points;
``(C) review the effectiveness of card- or keypad-
based access systems;
``(D) review the effectiveness of airport emergency
exit systems and determine whether those that lead to
secure areas of the airport should be monitored or how
breaches can be swiftly responded to; and
``(E) specifically target the elimination of the
`piggy-backing' phenomenon, where another person
follows an authorized person through the access point.
The assessment shall include a 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 (or any successor regulation). The
Under Secretary shall conduct a review of reductions in
unauthorized access at these airports.
``(2) Computer-assisted passenger prescreening system.--
``(A) In general.--The Under Secretary 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 Under Secretary may
modify any requirement under the Computer-Assisted
Passenger Prescreening System for flights that
originate and terminate within the same State if the
Under 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.
``(k) Limitation on Liability for Acts To Thwart Criminal Violence
or Aircraft Piracy.--An individual shall not be liable for damages in
any action brought in a Federal or State court arising out of the acts
of the individual in attempting to thwart an act of criminal violence
or piracy on an aircraft if that individual reasonably believed that
such an act of criminal violence or piracy was occurring or was about
to occur.
``Sec. 1504. Domestic air transportation system security
``(a) Assessing Threats.--The Under Secretary for Border and
Transportation Security and the Director of the Federal Bureau of
Investigation jointly shall assess current and potential threats to the
domestic air transportation system. The assessment shall include
consideration of the extent to which there are individuals with the
capability and intent to carry out terrorist or related unlawful acts
against that system and the ways in which those individuals might carry
out those acts. The Under Secretary and the Director jointly shall
decide on and carry out the most effective method for continuous
analysis and monitoring of security threats to that system.
``(b) Assessing Security.--In coordination with the Director, the
Under Secretary shall carry out periodic threat and vulnerability
assessments on security at each airport that is part of the domestic
air transportation system. Each assessment shall include consideration
of--
``(1) the adequacy of security procedures related to the
handling and transportation of checked baggage and cargo;
``(2) space requirements for security personnel and
equipment;
``(3) separation of screened and unscreened passengers,
baggage, and cargo;
``(4) separation of the controlled and uncontrolled areas
of airport facilities; and
``(5) coordination of the activities of security personnel
of the Transportation Security Administration, the United
States Customs Service, the Immigration and Naturalization
Service, and air carriers, and of other law enforcement
personnel.
``(c) Improving Security.--The Under Secretary shall take necessary
actions to improve domestic air transportation security by correcting
any deficiencies in that security discovered in the assessments,
analyses, and monitoring carried out under this section.
``Sec. 1505. Information about threats to civil aviation
``(a) Providing Information.--Under guidelines the Under Secretary
for Border and Transportation Security prescribes, an air carrier,
airport operator, ticket agent, or individual employed by an air
carrier, airport operator, or ticket agent, receiving information
(except a communication directed by the United States Government) about
a threat to civil aviation shall provide the information promptly to
the Under Secretary.
``(b) Flight Cancellation.--If a decision is made that a particular
threat cannot be addressed in a way adequate to ensure, to the extent
feasible, the safety of passengers and crew of a particular flight or
series of flights, the Under Secretary shall cancel the flight or
series of flights.
``(c) Guidelines on Public Notice.--
``(1) Development.--The President shall develop guidelines
for ensuring that public notice is provided in appropriate
cases about threats to civil aviation.
``(2) Identification of responsible officials.-- The
guidelines shall identify officials responsible for--
``(A) deciding, on a case-by-case basis, if public
notice of a threat is in the best interest of the
United States and the traveling public;
``(B) ensuring that public notice is provided in a
timely and effective way, including the use of a toll-
free telephone number; and
``(C) canceling the departure of a flight or series
of flights under subsection (b).
``(3) Factors to consider.--The guidelines shall provide
for consideration of--
``(A) the specificity of the threat;
``(B) the credibility of intelligence information
related to the threat;
``(C) the ability to counter the threat
effectively;
``(D) the protection of intelligence information
sources and methods;
``(E) cancellation, by an air carrier or the Under
Secretary, of a flight or series of flights instead of
public notice;
``(F) the ability of passengers and crew to take
steps to reduce the risk to their safety after
receiving public notice of a threat; and
``(G) other factors the Under Secretary considers
appropriate.
``(d) Guidelines on Notice to Crews.--The Under Secretary shall
develop guidelines for ensuring that notice in appropriate cases of
threats to the security of an air carrier flight is provided to the
flight crew and cabin crew of that flight.
``(e) Limitation on Notice to Selective Travelers.--Notice of a
threat to civil aviation may be provided to selective potential
travelers only if the threat applies only to those travelers.
``(f) Restricting Access to Information.--In cooperation with the
departments, agencies, and instrumentalities of the Government that
collect, receive, and analyze intelligence information related to
aviation security, the Under Secretary shall develop procedures to
minimize the number of individuals who have access to information about
threats. However, a restriction on access to that information may be
imposed only if the restriction does not diminish the ability of the
Government to carry out its duties and powers related to aviation
security effectively, including providing notice to the public and
flight and cabin crews under this section.
``(g) Distribution of Guidelines.--The guidelines developed under
this section shall be distributed for use by appropriate officials of
the Department of Homeland Security, the Department of Transportation,
the Department of State, the Department of Justice, and air carriers.
``Sec. 1506. Foreign air carrier security programs
``(a) Adoption and Use.--The Under Secretary for Border and
Transportation Security shall continue in effect the requirement of
section 129.25 of title 14, Code of Federal Regulations (or any
successor regulation), that a foreign air carrier must adopt and use a
security program approved by the Under Secretary.
``(b) Approval.--The Under Secretary shall not approve a security
program of a foreign air carrier under section 129.25 of title 14, Code
of Federal Regulations, or any successor regulation, unless the
security program requires the foreign air carrier in its operations to
and from airports in the United States to adhere to the identical
security measures that the Under Secretary requires air carriers
serving the same airports to adhere to.
``(c) Limitation on Statutory Construction.--Subsection (b) shall
not be interpreted to limit the ability of the Under Secretary to
impose additional security measures on a foreign air carrier or an air
carrier when the Under Secretary determines that a specific threat
warrants such additional measures.
``(d) Regulations.--The Under Secretary shall prescribe regulations
to carry out this section.
``Sec. 1507. Security standards at foreign airports
``(a) Assessment.--
``(1) In general.--At intervals the Secretary of Homeland
Security considers necessary, the Secretary shall assess the
effectiveness of the security measures maintained at--
``(A) a foreign airport--
``(i) served by an air carrier;
``(ii) from which a foreign air carrier
serves the United States; or
``(iii) that poses a high risk of
introducing danger to international air travel;
and
``(B) other foreign airports the Secretary
considers appropriate.
``(2) Special rules.--The Secretary shall conduct an
assessment under paragraph (1)--
``(A) in consultation with appropriate aeronautic
authorities of the government of a foreign country
concerned and each air carrier serving the foreign
airport for which the Secretary is conducting the
assessment;
``(B) to establish the extent to which a foreign
airport effectively maintains and carries out security
measures; and
``(C) by using a standard that will result in an
analysis of the security measures at the airport based
at least on the standards and appropriate recommended
practices contained in Annex 17 to the Convention on
International Civil Aviation in effect on the date of
the assessment.
``(3) Inclusion in biennial security reports.--Each report
to Congress required under section 1538(b) shall contain a
summary of the assessments conducted under this subsection.
``(b) Consultation.--In carrying out subsection (a), the Secretary
of Homeland Security shall consult with the Secretary of State--
``(1) on the terrorist threat that exists in each country;
and
``(2) to establish which foreign airports are not under the
de facto control of the government of the foreign country in
which they are located and pose a high risk of introducing
danger to international air travel.
``(c) Notifying Foreign Authorities.--When the Secretary of
Homeland Security, after conducting an assessment under subsection (a),
decides that an airport does not maintain and carry out effective
security measures, the Secretary, after advising the Secretary of State
and the Secretary of Transportation, shall notify the appropriate
authorities of the government of the foreign country of the decision
and recommend the steps necessary to bring the security measures in use
at the airport up to the standard used by the Secretary of Homeland
Security in making the assessment.
``(d) Actions When Airports Not Maintaining and Carrying Out
Effective Security Measures.--
``(1) In general.--When the Secretary of Homeland Security
decides under this section that an airport does not maintain
and carry out effective security measures--
``(A) the Secretary shall--
``(i) publish the identity of the airport
in the Federal Register;
``(ii) have the identity of the airport
posted and displayed prominently at all United
States airports at which scheduled air carrier
operations are provided regularly; and
``(iii) notify the news media of the
identity of the airport;
``(B) each air carrier and foreign air carrier
providing transportation between the United States and
the airport shall provide written notice of the
decision, on or with the ticket, to each passenger
buying a ticket for transportation between the United
States and the airport;
``(C) the Secretary shall notify the Secretary of
Transportation and, notwithstanding section 40105(b),
the Secretary of Transportation, after consulting with
the appropriate aeronautic authorities of the foreign
country concerned and each air carrier serving the
airport and with the approval of the Secretary of
State, may withhold, revoke, or prescribe conditions on
the operating authority of an air carrier or foreign
air carrier that uses that airport to provide foreign
air transportation; and
``(D) the President may prohibit an air carrier or
foreign air carrier from providing transportation
between the United States and any other foreign airport
that is served by aircraft flying to or from the
airport with respect to which a decision is made under
this section.
``(2) Special rules.--
``(A) Effective date.--Paragraph (1) becomes
effective--
``(i) 90 days after the government of a
foreign country is notified under subsection
(c) if the Secretary of Homeland Security finds
that the government has not brought the
security measures at the airport up to the
standard the Secretary used in making an
assessment under subsection (a); or
``(ii) immediately on the decision of the
Secretary under subsection (c) if the Secretary
decides, after consulting with the Secretary of
State and the Secretary of Transportation, that
a condition exists that threatens the security
of passengers, aircraft, or crew traveling to
or from the airport.
``(B) Travel advisory.--The Secretary of Homeland
Security immediately shall notify the Secretary of
State of a decision referred to in subparagraph (A)(ii)
so that the Secretary of State may issue a travel
advisory required under section 1508(a).
``(3) Report to congress on action taken.--The Secretary of
Homeland Security promptly shall submit to Congress a report
(and classified annex if necessary) on action taken under
paragraph (1) or (2), including information on attempts made to
obtain the cooperation of the government of a foreign country
in meeting the standard the Secretary used in assessing the
airport under subsection (a).
``(4) Action no longer required.--An action required under
paragraph (1)(A) and (B) is no longer required only if the
Secretary of Homeland Security, in consultation with the
Secretary of State and the Secretary of Transportation, decides
that effective security measures are maintained and carried out
at the airport. The Secretary of Homeland Security shall notify
Congress when the action is no longer required to be taken.
``(e) Suspensions.--Notwithstanding sections 40105(b) and 40106(b),
the Secretary of Transportation, with the approval of the Secretary of
State and without notice or a hearing, shall suspend the right of an
air carrier or foreign air carrier to provide foreign air
transportation, and the right of a person to operate aircraft in
foreign air commerce, to or from a foreign airport when--
``(1) the Secretary of Homeland Security notifies the
Secretary of Transportation that a condition exists that
threatens the security of passengers, aircraft, or crew
traveling to or from that airport; and
``(2) the Secretary of Transportation determines that the
public interest requires an immediate suspension of
transportation between the United States and that airport.
``(f) Condition of Carrier Authority.--This section is a condition
to authority the Secretary of Transportation grants under part A of
subtitle VII to an air carrier or foreign air carrier.
``Sec. 1508. Travel advisory and suspension of foreign assistance
``(a) Travel Advisories.--On being notified by the Secretary of
Homeland Security that the Secretary has decided under section 1507
that a foreign airport does not maintain and carry out effective
security measures, the Secretary of State--
``(1) immediately shall issue a travel advisory for that
airport; and
``(2) shall publicize the advisory widely.
``(b) Suspending Assistance.--
``(1) In general.--The President shall suspend assistance
provided under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et
seq.) to a country in which is located an airport with respect
to which section 1507(d)(1) becomes effective if the Secretary
of State decides the country is a high terrorist threat
country.
``(2) Waiver.--The President may waive this subsection if
the President decides, and reports to Congress, that the waiver
is required because of national security interests or a
humanitarian emergency.
``(c) Actions No Longer Required.--An action required under this
section is no longer required only if the Secretary of Homeland
Security has made a decision as provided under section 1507(d)(4). The
Secretary shall notify Congress when the action is no longer required
to be taken.
``Sec. 1509. Passenger manifests
``(a) In General.--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 subsection (b). 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.
``(b) Information.--A passenger and crew manifest for a flight
required under subsection (a) shall contain the following information:
``(1) The full name of each passenger and crew member.
``(2) The date of birth and citizenship of each passenger
and crew member.
``(3) The sex of each passenger and crew member.
``(4) The passport number and country of issuance of each
passenger and crew member if required for travel.
``(5) The United States visa number or resident alien card
number of each passenger and crew member, as applicable.
``(6) Such other information as the Under Secretary for
Border and Transportation Security, in consultation with the
Commissioner of Customs, determines is reasonably necessary to
ensure aviation security.
``(c) Passenger Name Records.--The carriers shall make passenger
name record information available to the Customs Service upon request.
``(d) Transmission of Manifest.--Subject to subsection (e), a
passenger and crew manifest required for a flight under subsection (a)
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.
``(e) Transmission of Manifests to Other Federal Agencies.--Upon
request, information provided to the Under Secretary or the Customs
Service under this section may be shared with other Federal agencies
for the purpose of protecting national security.
``Sec. 1510. Agreements on aircraft sabotage, aircraft hijacking, and
airport security
``The Secretary of State shall seek multilateral and bilateral
agreement on strengthening enforcement measures and standards for
compliance related to aircraft sabotage, aircraft hijacking, and
airport security.
``Sec. 1511. Intelligence
``(a) Definition.--In this section, the term `intelligence
community' means the intelligence and intelligence-related activities
of the following units of the United States Government:
``(1) The Department of Homeland Security.
``(2) The Department of State.
``(3) The Department of Defense.
``(4) The Department of the Treasury.
``(5) The Department of Energy.
``(6) The Departments of the Army, Navy, and Air Force.
``(7) The Central Intelligence Agency.
``(8) The National Security Agency.
``(9) The Defense Intelligence Agency.
``(10) The Federal Bureau of Investigation.
``(11) The Drug Enforcement Administration.
``(b) Policies and Procedures on Report Availability.--The head of
each unit in the intelligence community shall prescribe policies and
procedures to ensure that intelligence reports about terrorism are made
available, as appropriate, to the heads of other units in the
intelligence community, the Secretary of Transportation, and the Under
Secretary for Border and Transportation Security.
``(c) Unit for Strategic Planning on Terrorism.--The heads of the
units in the intelligence community shall place greater emphasis on
strategic intelligence efforts by establishing a unit for strategic
planning on terrorism.
``(d) Designation of Intelligence Officer.--At the request of the
Under Secretary, the Director of Central Intelligence shall designate
at least one intelligence officer of the Central Intelligence Agency to
serve in a senior position in the Office of the Under Secretary.
``(e) Written Working Agreements.--The heads of units in the
intelligence community and the Under Secretary shall review and, as
appropriate, revise written working agreements between the intelligence
community and the Under Secretary.
``Sec. 1512. Research and development
``(a) Program Requirement.--
``(1) In general.--The Under Secretary for Border and
Transportation Security shall establish and carry out a program
to accelerate and expand the research, development, and
implementation of technologies and procedures to counteract
terrorist acts against civil aviation. The program shall
provide for developing and having in place new equipment and
procedures necessary to meet the technological challenges
presented by terrorism. The program shall include research on,
and development of, technological improvements and ways to
enhance human performance.
``(2) Special rules.--In designing and carrying out the
program established under this subsection, the Under Secretary
shall--
``(A) consult and coordinate activities with other
departments, agencies, and instrumentalities of the
United States Government doing similar research;
``(B) identify departments, agencies, and
instrumentalities that would benefit from that
research; and
``(C) seek cost-sharing agreements with those
departments, agencies, and instrumentalities.
``(3) Consideration of certain annual reports.--In carrying
out the program established under this subsection, the Under
Secretary shall review and consider the annual reports
submitted to Congress on transportation security and
intelligence.
``(4) Responsible individual.--
``(A) Designation.--In carrying out the program
established under this subsection, the Under Secretary
shall designate an individual to be responsible for
engineering, research, and development with respect to
security technology under the program.
``(B) Use of models.--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) Annual report.--The individual designated
under subparagraph (A) shall submit, on an annual
basis, to the Under Secretary 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.
``(5) Authority for grants and cooperation agreements.--The
Under Secretary may--
``(A) make grants to institutions of higher
learning and other appropriate research facilities with
demonstrated ability to carry out research described in
paragraph (1) and fix the amounts and terms of the
grants; and
``(B) make cooperative agreements with governmental
authorities the Under Secretary decides are
appropriate.
``(b) Review of Threats.--
``(1) In general.--The Under Secretary shall periodically
review threats to civil aviation, with particular focus on--
``(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;
``(B) explosive material that presents the most
significant threat to civil aircraft;
``(C) the minimum amounts, configurations, and
types of explosive material that can cause, or would
reasonably be expected to cause, catastrophic damage to
aircraft in air transportation;
``(D) the amounts, configurations, and types of
explosive material that can be detected reliably by
existing, or reasonably anticipated, near-term
explosive detection technologies;
``(E) the potential release of chemical,
biological, or similar weapons or devices either within
an aircraft or within an airport;
``(F) the feasibility of using various ways to
minimize damage caused by explosive material that
cannot be detected reliably by existing, or reasonably
anticipated, near-term explosive detection
technologies;
``(G) the ability to screen passengers, carry-on
baggage, checked baggage, and cargo; and
``(H) the technologies that might be used in the
future to attempt to destroy or otherwise threaten
commercial aircraft and the way in which those
technologies can be countered effectively.
``(2) Use of results.--The Under Secretary shall use the
results of the review under this subsection to develop the
focus and priorities of the program established under
subsection (a).
``(c) Scientific Advisory Panel.--
``(1) Establishment.--The Under Secretary shall establish a
scientific advisory panel to review, comment on, advise the
progress of, and recommend modifications in, the program
established under subsection (a), 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) Members.--
``(A) Scientific and technical expertise.--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 Under Secretary considers appropriate.
``(B) Consideration of certain individuals.--In
appointing individuals to the advisory panel, the Under
Secretary should consider individuals from academia and
the national laboratories, as appropriate.
``(3) Organization into teams.--The Under Secretary shall
organize the advisory panel into teams capable of undertaking
the review of policies and technologies upon request.
``(4) Review of members.--Every two years, the Under
Secretary 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.
``(d) Man-Portable Air Defense Systems.--The Under Secretary shall
establish and carry out a program to protect commercial aircraft from
the threat posed by man-portable air defense systems in order to reduce
the cost of technology to provide such protection and adapt military
countermeasure systems to commercial aircraft.
``Sec. 1513. Explosive detection
``(a) Deployment and Purchase of Equipment.--
``(1) Certification.--A deployment or purchase of explosive
detection equipment under section 108.7(b)(8) or 108.20 of
title 14, Code of Federal Regulations, or similar regulation is
required only if the Under Secretary for Border and
Transportation Security certifies that the equipment alone, or
as part of an integrated system, can detect under realistic air
carrier operating conditions the amounts, configurations, and
types of explosive material that would likely be used to cause
catastrophic damage to commercial aircraft.
``(2) Tests.--The Under Secretary shall base the
certification under this subsection on the results of tests
conducted under protocols developed in consultation with expert
scientists outside of the Transportation Security
Administration.
``(3) Facilitation of deployment of commercially available
equipment.--The Under Secretary shall facilitate the deployment
of such approved commercially available explosive detection
devices as the Under Secretary determines will enhance aviation
security significantly. The Under Secretary shall require that
equipment deployed under this paragraph be replaced by
equipment certified under paragraph (1) when equipment
certified under paragraph (1) becomes commercially available.
The Under Secretary is authorized, based on operational
considerations at individual airports, to waive the required
installation of commercially available equipment under
paragraph (1) in the interests of aviation security. The Under
Secretary may permit the requirements of this paragraph to be
met at airports by the deployment of dogs or other appropriate
animals to supplement equipment for screening passengers,
baggage, mail, or cargo for explosives or weapons.
``(4) Limitation on statutory construction.--This
subsection does not prohibit the Under Secretary from
purchasing or deploying explosive detection equipment described
in paragraph (1).
``(b) Grants.--The Secretary of Homeland Security or the Secretary
of Transportation may provide grants to continue the Explosive
Detection K-9 Team Training Program to detect explosives at airports
and on aircraft.
``(c) Plastic Weapons and Explosives.--
``(1) Priority.--In order to improve security, the Under
Secretary shall give priority to developing, testing,
improving, and deploying technology at passenger screening
checkpoints that will detect nonmetallic weapons and explosives
on the body or in the clothing of passengers or in their carry-
on luggage.
``(2) Standards.--The Under Secretary shall develop
standards for the certification of equipment employing
technology described in paragraph (1) at passenger screening
checkpoints. The standards shall ensure that the equipment
alone, or as part of an integrated system, can detect under
realistic operating conditions the types of nonmetallic weapons
and explosives that terrorists would likely try to smuggle
aboard a commercial aircraft.
``Sec. 1514. Airport construction guidelines
``In consultation with the Administrator of the Federal Aviation
Administration, air carriers, airport authorities, and others the Under
Secretary for Border and Transportation Security considers appropriate,
the Under Secretary shall develop guidelines for airport design and
construction to allow for maximum security enhancement. In developing
the guidelines, the Under Secretary shall consider the results of the
assessment carried out under section 1504(a).
``Sec. 1515. Exemptions
``The Under Secretary for Border and Transportation Security may
exempt from sections 1501, 1503(a)-(c) and (e), 1506, 1535, and 1536
airports in Alaska served only by air carriers that--
``(1) hold certificates issued under section 41102;
``(2) operate aircraft with certificates for a maximum
gross takeoff weight of less than 12,500 pounds; and
``(3) board passengers, or load property intended to be
carried in an aircraft cabin, that will be screened under
section 1501 at another airport in Alaska before the passengers
board, or the property is loaded on, an aircraft for a place
outside Alaska.
``Sec. 1516. Assessments and evaluations
``(a) Periodic Assessments.--The Under Secretary for Border and
Transportation Security shall require each air carrier and airport
(including the airport owner or operator in cooperation with the air
carriers and vendors serving each airport) that provides for
intrastate, interstate, or foreign air transportation to conduct
periodic vulnerability assessments of the security systems of that air
carrier or airport, respectively. The Under Secretary shall perform
periodic audits of such assessments.
``(b) Investigations.--The Under Secretary shall conduct periodic
and unannounced inspections of security systems of airports and air
carriers to determine the effectiveness and vulnerabilities of such
systems. To the extent allowable by law, the Under Secretary may
provide for anonymous tests of those security systems.
``Sec. 1517. Deployment of Federal air marshals
``(a) In General.--The Under Secretary for Border and
Transportation Security under the authority provided by section
1503(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 Under 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.
``Sec. 1518. Crew training
``(a) In General.--The Under Secretary for Border and
Transportation Security, in consultation with the Administrator of the
Federal Aviation Administration, appropriate law enforcement, security,
and terrorism experts, representatives of air carriers and labor
organizations representing individuals employed in commercial aviation,
shall develop 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 or the Under Secretary.
``(c) Air Carrier Programs.--
``(1) Development and submission.--Each air carrier shall
develop a flight and cabin crew training program in accordance
with that guidance and submit it to the Under Secretary for
approval.
``(2) Review and approval by under secretary.--Within 30
days after receiving an air carrier's program under this
subsection, the Under Secretary shall review the program and
approve it or require the air carrier to make any revisions
deemed necessary by the Under Secretary for the program to meet
the guidance requirements.
``(d) Training.--Within 180 days after the Under Secretary 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.--
``(1) In general.--The Under Secretary 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.
``(2) Additional requirements.--In updating the training
guidance, the Under Secretary, in consultation with the
Administrator of the Federal Aviation Administration, shall
issue a rule for the following purposes:
``(A) To require both classroom and effective
hands-on situational training in the following elements
of self defense:
``(i) Recognizing suspicious activities and
determining the seriousness of an occurrence.
``(ii) Deterring a passenger who might
present a problem.
``(iii) Crew communication and
coordination.
``(iv) The proper commands to give to
passengers and attackers.
``(v) Methods to subdue and restrain an
attacker.
``(vi) Use of available items aboard the
aircraft for self-defense.
``(vii) Appropriate and effective responses
to defend oneself, including the use of force
against an attacker.
``(viii) Use of protective devices assigned
to crew members (to the extent such devices are
approved by the Administrator or Under
Secretary).
``(ix) The psychology of terrorists to cope
with their behavior and passenger responses to
that behavior.
``(x) How to respond to aircraft maneuvers
that may be authorized to defend against an act
of criminal violence or air piracy.
``(B) To require training in the proper conduct of
a cabin search, including the duty time required to
conduct the search.
``(C) To establish the required number of hours of
training and the qualifications for the training
instructors.
``(D) To establish the intervals, number of hours,
and elements of recurrent training.
``(E) To ensure that air carriers provide the
initial training required by this paragraph before
November 25, 2004.
``(F) To ensure that no person participates in any
hands-on training activity that the person believes
will have an adverse impact on his or her health or
safety.
``(3) Responsibility of under secretary.--
``(A) Consultation.--In developing the rule under
paragraph (2), the Under Secretary shall consult with
law enforcement personnel and security experts who have
expertise in self-defense training, terrorism experts,
and representatives of air carriers, the provider of
self-defense training for Federal air marshals, flight
attendants, labor organizations representing flight
attendants, and educational institutions offering law
enforcement training programs.
``(B) Designation of official.--The Under Secretary
shall designate an official in the Transportation
Security Administration to be responsible for
overseeing the implementation of the training program
under this subsection.
``(C) Necessary resources and knowledge.--The Under
Secretary shall ensure that employees of the
Transportation Security Administration responsible for
monitoring the training program have the necessary
resources and knowledge.
``Sec. 1519. Security screening pilot program
``(a) Establishment of Program.--The Under Secretary for Border and
Transportation Security 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
1501 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 November 19, 2002, and end on November 19, 2004.
``(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 November 19, 2004,
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 1520 or by Federal Government personnel in
accordance with this chapter.
``Sec. 1520. 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 for Border and
Transportation Security 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 1501 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 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.
``Sec. 1521. Federal flight deck officer program
``(a) Establishment.--The Under Secretary for Border and
Transportation Security shall establish a program to deputize volunteer
pilots of air carriers providing air transportation or intrastate air
transportation as Federal law enforcement officers to defend the flight
decks of aircraft of such air carriers against acts of criminal
violence or air piracy. Such officers shall be known as `Federal flight
deck officers'.
``(b) Procedural Requirements.--
``(1) In general.--Not later than February 25, 2003, the
Under Secretary shall establish procedural requirements to
carry out the program under this section.
``(2) Commencement of program.--Beginning February 25,
2003, the Under Secretary shall begin the process of training
and deputizing pilots who are qualified to be Federal flight
deck officers as Federal flight deck officers under the
program.
``(3) Issues to be addressed.--The procedural requirements
established under paragraph (1) shall address the following
issues:
``(A) The type of firearm to be used by a Federal
flight deck officer.
``(B) The type of ammunition to be used by a
Federal flight deck officer.
``(C) The standards and training needed to qualify
and requalify as a Federal flight deck officer.
``(D) The placement of the firearm of a Federal
flight deck officer on board the aircraft to ensure
both its security and its ease of retrieval in an
emergency.
``(E) An analysis of the risk of catastrophic
failure of an aircraft as a result of the discharge
(including an accidental discharge) of a firearm to be
used in the program into the avionics, electrical
systems, or other sensitive areas of the aircraft.
``(F) The division of responsibility between pilots
in the event of an act of criminal violence or air
piracy if only 1 pilot is a Federal flight deck officer
and if both pilots are Federal flight deck officers.
``(G) Procedures for ensuring that the firearm of a
Federal flight deck officer does not leave the cockpit
if there is a disturbance in the passenger cabin of the
aircraft or if the pilot leaves the cockpit for
personal reasons.
``(H) Interaction between a Federal flight deck
officer and a Federal air marshal on board the
aircraft.
``(I) The process for selection of pilots to
participate in the program based on their fitness to
participate in the program, including whether an
additional background check should be required beyond
that required by section 1536(a)(1).
``(J) Storage and transportation of firearms
between flights, including international flights, to
ensure the security of the firearms, focusing
particularly on whether such security would be enhanced
by requiring storage of the firearm at the airport when
the pilot leaves the airport to remain overnight away
from the pilot's base airport.
``(K) Methods for ensuring that security personnel
will be able to identify whether a pilot is authorized
to carry a firearm under the program.
``(L) Methods for ensuring that pilots (including
Federal flight deck officers) will be able to identify
whether a passenger is a law enforcement officer who is
authorized to carry a firearm aboard the aircraft.
``(M) Any other issues that the Under Secretary
considers necessary.
``(4) Preference.--In selecting pilots to participate in
the program, the Under Secretary shall give preference to
pilots who are former military or law enforcement personnel.
``(5) Classified information.--Notwithstanding section 552
of title 5 but subject to section 40119, information developed
under paragraph (3)(E) shall not be disclosed.
``(6) Notice to congress.--The Under Secretary shall
provide notice to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate after completing the analysis required by paragraph
(3)(E).
``(7) Minimization of risk.--If the Under Secretary
determines as a result of the analysis under paragraph (3)(E)
that there is a significant risk of the catastrophic failure of
an aircraft as a result of the discharge of a firearm, the
Under Secretary shall take such actions as may be necessary to
minimize that risk.
``(8) Limitation on review of decisions.--The Under
Secretary's decisions regarding the methods for implementing
each of the procedural requirements set forth in paragraph (3)
shall be subject to review only for abuse of discretion.
``(c) Training, Supervision, and Equipment.--
``(1) In general.--The Under Secretary shall provide the
training, supervision, and equipment necessary for a pilot to
be a Federal flight deck officer under this section at no
expense to the pilot or the air carrier employing the pilot;
except that if the pilot receives training at a non-Federal
facility approved by the Under Secretary under paragraph
(2)(C)(ii), the pilot may be charged a fee by that facility.
``(2) Training.--
``(A) In general.--The Under Secretary shall base
the requirements for the training of Federal flight
deck officers under subsection (b) on the training
standards applicable to Federal air marshals; except
that the Under Secretary shall take into account the
differing roles and responsibilities of Federal flight
deck officers and Federal air marshals.
``(B) Elements.--The training of a Federal flight
deck officer shall include, at a minimum, the following
elements:
``(i) Training to ensure that the officer
achieves the level of proficiency with a
firearm required under subparagraph (C)(i).
``(ii) Training to ensure that the officer
maintains exclusive control over the officer's
firearm at all times, including training in
defensive maneuvers.
``(iii) Training to assist the officer in
determining when it is appropriate to use the
officer's firearm and when it is appropriate to
use less than lethal force.
``(C) Training in use of firearms.--
``(i) Standard.--In order to be deputized
as a Federal flight deck officer, a pilot must
achieve a level of proficiency with a firearm
that is required by the Under Secretary. Such
level shall be comparable to the level of
proficiency required of Federal air marshals.
``(ii) Conduct of training.--The training
of a Federal flight deck officer in the use of
a firearm may be conducted by the Under
Secretary or by a firearms training facility
approved by the Under Secretary.
``(iii) Requalification.--The Under
Secretary shall require a Federal flight deck
officer to requalify to carry a firearm under
the program. Such requalification shall occur
at an interval required by the Under Secretary
and may take place at either a Federal or non-
Federal facility.
``(d) Deputation.--
``(1) In general.--The Under Secretary may deputize, as a
Federal flight deck officer under this section, a pilot who
submits to the Under Secretary a request to be such an officer
and whom the Under Secretary determines is qualified to be such
an officer.
``(2) Qualification.--A pilot is qualified to be a Federal
flight deck officer under this section if--
``(A) the pilot is employed by an air carrier;
``(B) the Under Secretary determines (in the Under
Secretary's discretion) that the pilot meets the
standards established by the Under Secretary for being
such an officer; and
``(C) the Under Secretary determines that the pilot
has completed the training required by the Under
Secretary.
``(3) Deputation by other federal agencies.--The Under
Secretary may request another Federal agency to deputize, as
Federal flight deck officers under this section, those pilots
that the Under Secretary determines are qualified to be such
officers.
``(4) Revocation.--The Under Secretary may revoke (in the
Under Secretary's discretion) the deputation of a pilot as a
Federal flight deck officer if the Under Secretary finds that
the pilot is no longer qualified to be such an officer.
``(e) Compensation.--Pilots participating in the program under this
section shall not be eligible for compensation from the Federal
Government for services provided as a Federal flight deck officer. The
Federal Government and air carriers shall not be obligated to
compensate a pilot for participating in the program or for the pilot's
training or qualification and requalification to carry firearms under
the program.
``(f) Authority To Carry Firearms.--
``(1) In general.--The Under Secretary shall authorize a
Federal flight deck officer to carry a firearm while engaged in
providing air transportation or intrastate air transportation.
Notwithstanding subsection (c)(1), the officer may purchase a
firearm and carry that firearm aboard an aircraft of which the
officer is the pilot in accordance with this section if the
firearm is of a type that may be used under the program.
``(2) Preemption.--Notwithstanding any other provision of
Federal or State law, a Federal flight deck officer, whenever
necessary to participate in the program, may carry a firearm in
any State and from 1 State to another State.
``(3) Carrying firearms outside united states.--In
consultation with the Secretary of State, the Under Secretary
may take such action as may be necessary to ensure that a
Federal flight deck officer may carry a firearm in a foreign
country whenever necessary to participate in the program.
``(4) Transportation of firearms in lock boxes.--
Notwithstanding any other provision of this section, the Under
Secretary may allow a Federal flight deck officer to carry a
firearm that is secured in a lockbox into the cabin of an
aircraft for the purpose of transporting the firearm.
``(g) Authority To Use Force.--Notwithstanding section 1503(d), the
Under Secretary shall prescribe the standards and circumstances under
which a Federal flight deck officer may use, while the program under
this section is in effect, force (including lethal force) against an
individual in the defense of the flight deck of an aircraft in air
transportation or intrastate air transportation.
``(h) Limitation on Liability.--
``(1) Liability of air carriers.--An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of a Federal flight deck officer's use
of or failure to use a firearm.
``(2) Liability of federal flight deck officers.--A Federal
flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending the flight deck
of an aircraft against acts of criminal violence or air piracy
unless the officer is guilty of gross negligence or willful
misconduct.
``(3) Liability of federal government.--For purposes of an
action against the United States with respect to an act or
omission of a Federal flight deck officer in defending the
flight deck of an aircraft, the officer shall be treated as an
employee of the Federal Government under chapter 171 of title
28, relating to tort claims procedure.
``(i) Procedures Following Accidental Discharges.--If an accidental
discharge of a firearm under the pilot program results in the injury or
death of a passenger or crew member on an aircraft, the Under
Secretary--
``(1) shall revoke the deputation of the Federal flight
deck officer responsible for that firearm if the Under
Secretary determines that the discharge was attributable to the
negligence of the officer; and
``(2) in any case in which the Under Secretary determines
that a shortcoming in standards, training, or procedures was
responsible for the accidental discharge, may temporarily
suspend the program until the shortcoming is corrected.
``(j) Limitation on Authority of Air Carriers.--No air carrier
shall prohibit or threaten any retaliatory action against a pilot
employed by the air carrier from becoming a Federal flight deck officer
under this section. No air carrier shall--
``(1) prohibit a Federal flight deck officer from piloting
an aircraft operated by the air carrier; or
``(2) terminate the employment of a Federal flight deck
officer, solely on the basis of his or her volunteering for or
participating in the program under this section.
``(k) Applicability.--
``(1) Exemption.--This section shall not apply to air
carriers operating under part 135 of title 14, Code of Federal
Regulations, and to pilots employed by such carriers to the
extent that such carriers and pilots are covered by section
135.119 of such title or any successor to such section.
``(2) Pilot defined.--The term `pilot' means an individual
who has final authority and responsibility for the operation
and safety of the flight or, if more than 1 pilot is required
for the operation of the aircraft or by the regulations under
which the flight is being conducted, the individual designated
as second in command. The term also includes a flight engineer.
``Sec. 1522. Deputation of State and local law enforcement officers
``(a) Deputation Authority.--The Under Secretary for Border and
Transportation Security may deputize a State or local law enforcement
officer to carry out Federal airport security duties under this
chapter.
``(b) Fulfillment of Requirements.--A State or local law
enforcement officer who is deputized under this section shall be
treated as a Federal law enforcement officer for purposes of meeting
the requirements of this chapter and other provisions of law to provide
Federal law enforcement officers to carry out Federal airport security
duties.
``(c) Agreements.--To deputize a State or local law enforcement
officer under this section, the Under Secretary shall enter into a
voluntary agreement with the appropriate State or local law enforcement
agency that employs the State or local law enforcement officer.
``(d) Reimbursement.--
``(1) In general.--The Under Secretary shall reimburse a
State or local law enforcement agency for all reasonable,
allowable, and allocable costs incurred by the State or local
law enforcement agency with respect to a law enforcement
officer deputized under this section.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.
``(e) Federal Tort Claims Act.--A State or local law enforcement
officer who is deputized under this section shall be treated as an
`employee of the Government' for purposes of sections 1346(b), 2401(b),
and chapter 171 of title 28 while carrying out Federal airport security
duties within the course and scope of the officer's employment, subject
to Federal supervision and control, and in accordance with the terms of
such deputation.
``(f) Stationing of Officers.--The Under Secretary may allow law
enforcement personnel to be stationed other than at the airport
security screening location if that would be preferable for law
enforcement purposes and if such personnel would still be able to
provide prompt responsiveness to problems occurring at the screening
location.
``Sec. 1523. Limitation of flights over certain stadiums
``No aircraft may fly within a 3 nautical mile radius at a height
of less than 3,000 feet of a stadium having a seating capacity of
30,000 within 1 hour before or 1 hour after a Major League Baseball,
National Football League, National Collegiate Athletic Association
Division One football, or major motor speedway event unless--
``(1) the aircraft is under the control of air traffic
control for the purpose of arriving or departing an airport
adjacent to the stadium;
``(2) the aircraft is an aircraft operated by or on behalf
of the Department of Defense or law enforcement and the pilot
is in contact with air traffic control;
``(3) the aircraft is being used for an aeromedical flight
operation and the pilot is in contact with air traffic control;
``(4) the aircraft is authorized to enter the area by air
traffic control for operational, security, or safety purposes
of the event;
``(5) the aircraft is authorized to enter the area by air
traffic control in order to transport equipment, parts, team
members, officials of the governing body, and family members
and guests of such teams or officials connected with the event
or stadium;
``(6) the aircraft is operated for the purpose of providing
broadcast coverage of the event by any broadcast rights holder;
``(7) the aircraft is operated by a pilot who--
``(A) has undergone an employment investigation
under section 1536 (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);
``(B) has notified the Under Secretary for Border
and Transportation Security at least 48 hours before
the event of the intent to operate an aircraft in the
area; and
``(C) is in contact with air traffic control; or
``(8) the pilot of the aircraft receives a waiver from the
Under Secretary.
``Sec. 1524. Certification of explosives detection canine and handler
teams
``(a) In General.--The Under Secretary for Border and
Transportation Security may establish a program to certify explosives
detection canine and handler teams, including teams employed by private
sector companies.
``(b) Standards.--The Under Secretary may certify a team under
subsection (a) only if the team meets such standards as the Under
Secretary may prescribe. The standards shall be based on the standards
that apply to teams participating in the National Explosives Detection
Canine Team program of the Transportation Security Administration.
``(c) Use of Certified Teams.--Teams certified under subsection (a)
may be used to perform security functions mandated by the Under
Secretary and other activities to enhance security.
``(d) Alternative to Certification of Individual Teams.--
``(1) Certification of training programs.--As an
alternative to certifying individual teams under subsection
(a), the Under Secretary may certify the training program of a
law enforcement agency or a private sector company that offers
explosives detection canine services for hire.
``(2) Applicability of standards.--Teams trained under a
program certified under paragraph (1) shall be required to meet
the standards prescribed by the Under Secretary under
subsection (b).
``(3) Inspections.--The Under Secretary may perform random
inspections or testing to verify that certification standards
for training programs are met.
``(4) Pretesting standards.--The Under Secretary may
require that certain requirements be met before considering
whether to certify a training program. The requirements may
include the following:
``(A) Adequate storage facilities for canine
explosives training aids.
``(B) An established process for conducting
security background checks on employees or potential
employees.
``(C) A minimum number, not to exceed 8, of canine
and handler teams present to test.
``(D) A request for testing from a sponsoring
transportation provider, airport owner or operator, or
shipper.
``(E) A requirement that a company hold a permit
issued by the Bureau of Alcohol, Tobacco and Firearms
under section 843 of title 18.
``(e) Recertification.--The Under Secretary shall require periodic
recertification of individual canine teams or company training
programs, as appropriate.
``(f) Access to Standards.--The Under Secretary shall ensure that
the standards established pursuant to subsection (b) are made known to
explosives detection canine and handler teams seeking certification
under this section, and to private sector companies and law enforcement
agencies seeking certification of training programs under subsection
(d), as appropriate. The Under Secretary may establish procedures to
ensure that the standards are disclosed only to individuals who have
completed a security background check to the satisfaction of the Under
Secretary.
``Sec. 1525. Airport security improvement projects
``(a) Grant Authority.--Subject to the requirements of this
section, the Under Secretary for Border and Transportation Security
shall make grants to airport sponsors--
``(1) for projects to replace baggage conveyer systems
related to aviation security;
``(2) for projects to reconfigure terminal baggage areas as
needed to install explosive detection systems; and
``(3) for such other airport security improvement projects
as the Under Secretary determines appropriate.
``(b) Applications.--A sponsor seeking a grant under this section
shall submit to the Under Secretary an application in such form and
containing such information as the Under Secretary prescribes.
``(c) Approval.--The Under Secretary may approve an application of
a sponsor for a grant under this section only if the Under Secretary
determines that the project will improve security at an airport or
improve the efficiency of the airport without lessening security.
``(d) Letters of Intent.--
``(1) Issuance.--The Under Secretary may issue a letter of
intent to a sponsor committing to obligate from future budget
authority an amount, not more than the Federal Government's
share of the project's cost, for an airport security
improvement project (including interest costs and costs of
formulating the project).
``(2) Schedule.--A letter of intent under this subsection
shall establish a schedule under which the Under Secretary will
reimburse the sponsor for the Government's share of the
project's costs, as amounts become available, if the sponsor,
after the Under Secretary issues the letter, carries out the
project without receiving amounts under this section.
``(3) Priority.--In making grants under this section in a
fiscal year, the Under Secretary shall fulfill intentions to
obligate under this subsection.
``(4) Notice to under secretary.--A sponsor that has been
issued a letter of intent under this subsection shall notify
the Under Secretary of the sponsors's intent to carry out an
airport security improvement project before the project begins.
``(5) Notice to congress.--The Under Secretary shall
transmit to the Committees on Appropriations and Transportation
and Infrastructure of the House of Representatives and the
Committees on Appropriations and Commerce, Science and
Transportation of the Senate a written notification at least 3
days before the issuance of a letter of intent under this
section.
``(6) Limitations.--A letter of intent issued under this
subsection is not an obligation of the Government under section
1501 of title 31, and the letter is not deemed to be an
administrative commitment for financing. An obligation or
administrative commitment may be made only as amounts are
provided in authorization and appropriations laws.
``(7) Applicability of certain requirements.--The
requirements that apply to grants and letters of intent issued
under chapter 471 shall apply to grants and letters of intent
issued under this section.
``(8) Statutory construction.--Nothing in this subsection
shall be construed to prohibit the obligation of amounts
pursuant to a letter of intent under this subsection in the
same fiscal year as the letter of intent is issued.
``(e) Federal Share.--The Government's share of the cost of a
project under this section shall be 90 percent for a project at an
airport having at least 0.25 percent of the total number of passenger
boardings each year at all airports and 95 percent for a project at any
other airport.
``(f) Sponsor Defined.--In this section, the term `sponsor' has the
meaning given that term in section 47102.
``(g) Funding.--
``(1) In general.--Out of amounts collected in fees under
section 1540, $500,000,000 shall be available to carry out this
section in each of fiscal years 2004 through 2007. Such sums
shall remain available until expended.
``(2) Incurring obligations.--The Under Secretary may incur
obligations to make grants from amounts made available for a
fiscal year to carry out this section beginning on the first
day of the fiscal year.
``(3) Contract authority.--A project grant obligation of
the Under Secretary under this section is a contractual
obligation of the Government for the payment of the
Government's share of the project's cost.
``(4) Obligation limitations.--Project grant obligations of
the Under Secretary under this section shall not exceed
$500,000,000 for each of fiscal years 2004 through 2007.
``Sec. 1526. Repair station security
``(a) Security Review and Audit.--To ensure the security of
maintenance and repair work conducted on United States aircraft and
components at foreign aircraft repair stations, the Under Secretary for
Border and Transportation Security, in consultation with the
Administrator of the Federal Aviation Administration, shall complete a
security review and audit of foreign aircraft repair stations certified
by the Administrator under part 145 of title 14, Code of Federal
Regulations. The review shall be completed not later than 1 year after
the date on which the Under Secretary issues regulations under
subsection (f).
``(b) Addressing Security Concerns.--The Under Secretary shall
require a foreign aircraft repair station to address the security
issues and vulnerabilities identified in a security audit conducted
under subsection (a) within 90 days of providing notice to the repair
station of the security issues and vulnerabilities so identified.
``(c) Suspensions and Revocations of Certificates.--
``(1) Failure to carry out effective security measures.--If
the Under Secretary determines as a result of a security audit
that a foreign aircraft repair station does not maintain and
carry out effective security measures, the Under Secretary
shall notify the Administrator of the determination. Upon
receipt of the determination, the Administrator shall suspend
the certification of the repair station until such time as the
Under Secretary determines that the repair station maintains
and carries out effective security measures and transmits the
determination to the Administrator.
``(2) Immediate security risk.--If the Under Secretary
determines that a foreign aircraft repair station poses an
immediate security risk, the Under Secretary shall notify the
Administrator of the determination. Upon receipt of the
determination, the Administrator shall revoke the certification
of the repair station.
``(d) Failure To Meet Audit Deadline.--If the security audits
required by subsection (a) are not completed on or before the date that
is 1 year after the date on which the Under Secretary issues
regulations under subsection (f), the Administrator shall be barred
from certifying, or renewing the certification of, any foreign aircraft
repair station until such audits are completed for existing stations.
``(e) Priority for Audits.--In conducting the audits described in
subsection (a), the Under Secretary and the Administrator shall give
priority to foreign aircraft repair stations located in countries
identified by the United States Government as posing the most
significant security risks.
``(f) Regulations.--Not later than 180 days after the date of
enactment of this section, the Under Secretary, in consultation with
the Administrator, shall issue final regulations to ensure the security
of foreign and domestic aircraft repair stations.
``SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
``Sec. 1531. Reserved
``Sec. 1532. Reserved
``Sec. 1533. Federal Security Directors
``(a) Establishment, Designation, and Stationing.--The Under
Secretary for Border and Transportation Security shall establish the
position of Federal Security Director for each airport in the United
States described in section 1503(c). The Under Secretary shall
designate individuals as Directors for, and station those Directors in
the vicinity of, those airports.
``(b) Duties and Powers.--The Director 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.
``Sec. 1534. Foreign Security Liaison Officers
``(a) Establishment, Designation, and Stationing.--The Under
Secretary for Border and Transportation Security shall establish the
position of Foreign Security Liaison Officer for each airport outside
the United States at which the Under Secretary decides an Officer is
necessary for air transportation security. In coordination with the
Secretary of State, the Under Secretary shall designate an Officer for
each of those airports. The Secretary shall give high priority to
stationing those Officers.
``(b) Duties and Powers.--An Officer reports directly to the Under
Secretary. The Officer at each airport shall--
``(1) serve as the liaison of the Under Secretary to
foreign security authorities (including governments of foreign
countries and foreign airport authorities) in carrying out
United States Government security requirements at that airport;
and
``(2) to the extent practicable, carry out duties and
powers referred to in section 1533(b).
``(c) Coordination of Activities.--The activities of each Officer
shall be coordinated with the chief of the diplomatic mission of the
United States to which the Officer is assigned. Activities of an
Officer under this section shall be consistent with the duties and
powers of the Secretary and the chief of mission to a foreign country
under section 103 of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4802) and section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927).
``Sec. 1535. Employment standards and training
``(a) Employment Standards.--The Under Secretary for Border and
Transportation Security shall prescribe standards for the employment
and continued employment of, and contracting for, air carrier personnel
and, as appropriate, airport security personnel. The standards shall
include--
``(1) minimum training requirements for new employees;
``(2) retraining requirements;
``(3) minimum staffing levels;
``(4) minimum language skills; and
``(5) minimum education levels for employees, when
appropriate.
``(b) Review and Recommendations.--In coordination with air
carriers, airport operators, and other interested persons, the Under
Secretary shall review issues related to human performance in the
aviation security system to maximize that performance. When the review
is completed, the Under Secretary shall recommend guidelines and
prescribe appropriate changes in existing procedures to improve that
performance.
``(c) Security Program Training, Standards, and Qualifications.--
``(1) In general.--The Under Secretary--
``(A) may train individuals employed to carry out a
security program under section 1503(c); and
``(B) shall prescribe uniform training standards
and uniform minimum qualifications for individuals
eligible for that training.
``(2) Reimbursement of certain expenses.--The Under
Secretary may authorize reimbursement for travel,
transportation, and subsistence expenses for security training
of non-United States Government domestic and foreign
individuals whose services will contribute significantly to
carrying out civil aviation security programs. To the extent
practicable, air travel reimbursed under this paragraph shall
be on air carriers.
``(d) Education and Training Standards for Security Coordinators,
Supervisory Personnel, and Pilots.--
``(1) In general.--The Under Secretary shall prescribe
standards for educating and training--
``(A) ground security coordinators;
``(B) security supervisory personnel; and
``(C) airline pilots as in-flight security
coordinators.
``(2) Minimum standards.--The standards shall include
initial training, retraining, and continuing education
requirements and methods. Those requirements and methods shall
be used annually to measure the performance of ground security
coordinators and security supervisory personnel.
``(e) Security Screeners.--
``(1) Training program.--The Under Secretary shall
establish a program for the hiring and training of security
screening personnel.
``(2) Hiring.--
``(A) Qualifications.--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
or a national of the United States, as defined
in section 1101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
``(iii) to meet, at a minimum, the
requirements set forth in subsection (f); and
``(iv) to meet such other qualifications as
the Under Secretary may establish.
``(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
1536(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 1536, 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.
``(7) Fitness for duty.--An individual employed as a
security screener shall demonstrate a fitness for duty on a
daily basis without any impairment due to illegal drugs, sleep
deprivation, medication, or alcohol.
``(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.--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 1501 to be
attired while on duty in a uniform approved by the Under Secretary.
``(k) Accessibility of Computer-Based Training Facilities.--The
Under Secretary shall work with air carriers and airports to ensure
that computer-based training facilities intended for use by security
screeners at an airport regularly serving an air carrier holding a
certificate issued by the Secretary of Transportation are conveniently
located for that airport and easily accessible.
``(l) Screener Personnel.--Notwithstanding any other provision of
law, the Under Secretary 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 1501. The Under Secretary shall establish
levels of compensation and other benefits for individuals so employed.
``Sec. 1536. Employment investigations and restrictions
``(a) Employment Investigation Requirement.--
``(1) Types of employees.--
``(A) Security screeners and positions with
unescorted access.--The Under Secretary for Border and
Transportation Security shall require by regulation
that an employment investigation (including a criminal
history record check and a review of available law
enforcement data bases and records of other
governmental and international agencies to the extent
determined practicable by the Under Secretary) shall be
conducted of each individual employed in, or applying
for, a position as a security screener under section
1535(e) or a position in which the individual has
unescorted access, or may permit other individuals to
have unescorted access, to--
``(i) aircraft of an air carrier or foreign
air carrier; or
``(ii) a secured area of an airport in the
United States the Under Secretary designates
that serves an air carrier or foreign air
carrier.
``(B) Supervisors, positions with escorted access,
and security personnel.--The Under Secretary shall
require by regulation that an employment investigation
(including a criminal history record check and a review
of available law enforcement data bases and records of
other governmental and international agencies to the
extent determined practicable by the Under Secretary)
be conducted for--
``(i) individuals who are responsible for
screening passengers or property under section
1501;
``(ii) supervisors of the individuals
described in clause (i);
``(iii) individuals who regularly have
escorted access to aircraft of an air carrier
or foreign air carrier or a secured area of an
airport in the United States the Under
Secretary designates that serves an air carrier
or foreign air carrier; and
``(iv) such other individuals who exercise
security functions associated with baggage or
cargo, as the Under Secretary determines is
necessary to ensure air transportation
security.
``(C) Background checks of current employees.--
``(i) In general.--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) shall be
required for any individual who is employed in
a position described in subparagraphs (A) and
(B) on November 19, 2001.
``(ii) Phased in implementation.--The Under
Secretary may provide by order (without regard
to the provisions of chapter 5 of title 5,
United States Code) for a phased-in
implementation of the requirements of this
subparagraph.
``(D) Exemption.--An employment investigation,
including a criminal history record check, shall not be
required under this subsection for an individual who is
exempted under section 107.31(m)(1) or (2) of title 14,
Code of Federal Regulations, as in effect on November
22, 2000. The Under Secretary shall work with the
International Civil Aviation Organization and with
appropriate authorities of foreign countries to ensure
that individuals exempted under this subparagraph do
not pose a threat to aviation or national security.
``(2) Contract services.--An air carrier, foreign air
carrier, airport operator, or government that employs, or
authorizes or makes a contract for the services of, an
individual in a position described in paragraph (1) shall
ensure that the investigation the Under Secretary requires is
conducted.
``(3) Audit.--The Under Secretary shall provide for the
periodic audit of the effectiveness of criminal history record
checks conducted under paragraph (1).
``(b) Prohibited Employment.--
``(1) In general.--Except as provided in paragraph (3), an
air carrier, foreign air carrier, airport operator, or
government may not employ, or authorize or make a contract for
the services of, an individual in a position described in
subsection (a)(1) if--
``(A) the investigation of the individual required
under this section has not been conducted; or
``(B) the results of that investigation establish
that, in the 10-year period ending on the date of the
investigation, the individual was convicted (or found
not guilty by reason of insanity) of--
``(i) a crime referred to in section 46306,
46308, 46312, 46314, or 46315 or chapter 465 of
this title or section 32 of title 18;
``(ii) murder;
``(iii) assault with intent to murder;
``(iv) espionage;
``(v) sedition;
``(vi) treason;
``(vii) rape;
``(viii) kidnapping;
``(ix) unlawful possession, sale,
distribution, or manufacture of an explosive or
weapon;
``(x) extortion;
``(xi) armed or felony unarmed robbery;
``(xii) distribution of, or intent to
distribute, a controlled substance;
``(xiii) a felony involving a threat;
``(xiv) a felony involving--
``(I) willful destruction of
property;
``(II) importation or manufacture
of a controlled substance;
``(III) burglary;
``(IV) theft;
``(V) dishonesty, fraud, or
misrepresentation;
``(VI) possession or distribution
of stolen property;
``(VII) aggravated assault;
``(VIII) bribery; and
``(IX) illegal possession of a
controlled substance punishable by a
maximum term of imprisonment of more
than 1 year, or any other crime
classified as a felony that the Under
Secretary determines indicates a
propensity for placing contraband
aboard an aircraft in return for money;
or
``(xv) conspiracy to commit any of the acts
referred to in clauses (i) through (xiv).
``(2) Other factors.--The Under Secretary may specify other
factors that are sufficient to prohibit the employment of an
individual in a position described in subsection (a)(1).
``(3) Plan for alternate security arrangements.--An air
carrier, foreign air carrier, airport operator, or government
may employ, or authorize or contract for the services of, an
individual in a position described in subsection (a)(1) without
carrying out the investigation required under this section, if
the Under Secretary approves a plan to employ the individual
that provides alternate security arrangements.
``(c) Fingerprinting and Record Check Information.--
``(1) Designated individual.--If the Under Secretary
requires an identification and criminal history record check,
to be conducted by the Attorney General, as part of an
investigation under this section, the Under Secretary shall
designate an individual to obtain fingerprints and submit those
fingerprints to the Attorney General. The Attorney General may
make the results of a check available to an individual the
Under Secretary designates. Before designating an individual to
obtain and submit fingerprints or receive results of a check,
the Under Secretary shall consult with the Attorney General.
All Federal agencies shall cooperate with the Under Secretary
and the Under Secretary's designee in the process of collecting
and submitting fingerprints.
``(2) Fingerprinting procedures and use of information.--
The Under Secretary shall prescribe regulations on--
``(A) procedures for taking fingerprints; and
``(B) requirements for using information received
from the Attorney General under paragraph (1)--
``(i) to limit the dissemination of the
information; and
``(ii) to ensure that the information is
used only to carry out this section.
``(3) Review of information by individual.--If an
identification and criminal history record check is conducted
as part of an investigation of an individual under this
section, the individual--
``(A) shall receive a copy of any record received
from the Attorney General; and
``(B) may complete and correct the information
contained in the check before a final employment
decision is made based on the check.
``(d) Fees and Charges.--The Under Secretary and the Attorney
General shall establish reasonable fees and charges to pay expenses
incurred in carrying out this section. The employer of the individual
being investigated shall pay the costs of a record check of the
individual. Money collected under this section shall be credited to the
account in the Treasury from which the expenses were incurred and are
available to the Under Secretary and the Attorney General for those
expenses.
``(e) When Investigation or Record Check Not Required.--This
section does not require an investigation or record check when the
investigation or record check is prohibited by a law of a foreign
country.
``(f) Revised Procedures.--The Under Secretary shall revise the
procedures established under subsection (c) to ensure that--
``(1) information received from the Attorney General under
subsection (c) is released only to the Under Secretary or the
designee of the Under Secretary; and
``(2) the Under Secretary or designee informs the employer
or prospective employer of an individual, within 3 days
(excluding weekends and holidays) of receiving information from
the Attorney General concerning the individual, whether the
investigation of the individual under subsection (c)
establishes that, in the 10-year period ending on the date of
the investigation, the individual was convicted (or found not
guilty by reason of insanity) of any of the crimes listed in
subsection (b).
``(g) Limitation on Designee.--A designee of the Under Secretary
under subsection (c)(1) or under subsection (f) may not be--
``(1) an employer or prospective employer of the individual
who is subject to fingerprinting, a record check, or an
investigation; or
``(2) an entity that represents or is otherwise associated
with the employer or prospective employer.
``(h) Waiver Process.--
``(1) In general.--The Under Secretary shall establish a
process to permit an individual who was convicted of a crime
listed in subsection (b) to obtain a waiver from the Under
Secretary to permit that individual's employment.
``(2) Factors.--In deciding whether to grant a waiver under
this subsection, the Under Secretary shall give consideration
to the circumstances of the disqualifying crime, restitution
made by the individual, Federal and State mitigation remedies,
and other factors that would tend to indicate that the
individual does not pose a security or terrorism risk.
``(3) Appeals process.--The Under Secretary shall establish
an appeals process, including a hearing on the record, for
individuals who are denied waivers under this subsection.
``(h) Minimization of Duplicative Background Checks.--The Under
Secretary shall take such action as may be necessary to ensure that a
person who works at an airport is not subject to separate background
checks by each Federal agency that operates at that airport.
``Sec. 1537. Prohibition on transferring duties and
powers
``Except as specifically provided by law, the Under Secretary for
Border and Transportation Security may not transfer a duty or power
under section 1503(a), (b), (c), or (e), 1506, 1512, 1535, 1536, or
1538(b)(3) to another department, agency, or instrumentality of the
United States Government.
``Sec. 1538. Reports
``(a) Transportation Security.--Not later than March 31 of each
year, the Secretary of Homeland Security shall submit to Congress a
report on transportation security with recommendations the Secretary
considers appropriate. The report shall be prepared in conjunction with
the biennial report the Under Secretary for Border and Transportation
Security submits under subsection (b) in each year the Under Secretary
submits the biennial report, but may not duplicate the information
submitted under subsection (b) or section 1507(a)(3). The Secretary may
submit the report in classified and unclassified parts. The report
shall include--
``(1) an assessment of trends and developments in terrorist
activities, methods, and other threats to transportation;
``(2) an evaluation of deployment of explosive detection
devices;
``(3) recommendations for research, engineering, and
development activities related to transportation security,
except research engineering and development activities related
to aviation security to the extent those activities are covered
by the national aviation research plan required under section
44501(c);
``(4) identification and evaluation of cooperative efforts
with other departments, agencies, and instrumentalities of the
United States Government;
``(5) an evaluation of cooperation with foreign
transportation and security authorities;
``(6) the status of the extent to which the recommendations
of the President's Commission on Aviation Security and
Terrorism have been carried out and the reasons for any delay
in carrying out those recommendations;
``(7) an assessment of financial and staffing requirements,
and attainment of existing staffing goals, for carrying out
duties and powers of the Under Secretary related to security;
and
``(8) appropriate legislative and regulatory
recommendations.
``(b) Screening and Foreign Air Carrier and Airport Security.--The
Under Secretary shall submit biennially to Congress a report--
``(1) on the effectiveness of procedures under section
1501;
``(2) that includes a summary of the assessments conducted
under section 1507(a)(1) and (2); and
``(3) that includes an assessment of the steps being taken,
and the progress being made, in ensuring compliance with
section 1506 for each foreign air carrier security program at
airports outside the United States--
``(A) at which the Under Secretary decides that
Foreign Security Liaison Officers are necessary for air
transportation security; and
``(B) for which extraordinary security measures are
in place.
``Sec. 1539. Training to operate certain aircraft
``(a) Waiting Period.--A person operating as a flight instructor,
pilot school, or aviation training center or subject to regulation
under this part may provide training in the operation of any aircraft
having a maximum certificated takeoff weight of more than 12,500 pounds
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 for Border and Transportation Security
only if--
``(1) that person has first notified the Under Secretary
that the alien or individual has requested such training and
submitted to the Under Secretary, in such form as the Under
Secretary may prescribe, the following information about the
alien or individual:
``(A) full name;
``(B) passport and visa information;
``(C) country of citizenship;
``(D) date of birth;
``(E) dates of training; and
``(F) verification that fingerprints have been
taken by, or under the supervision of, a Federal,
State, or local law enforcement agency or by another
entity approved by the Federal Bureau of Investigation,
including finger prints taken by United States
Government personnel at a United States embassy or
consulate; and
``(2) the Under Secretary has not directed, within 45 days
after being notified under paragraph (1), that person not to
provide the requested training because the Under Secretary has
determined that the individual presents a risk to aviation or
national security.
``(b) Interruption of Training.--If the Under Secretary, 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 Under
Secretary shall immediately notify the person providing the training of
the determination and that person shall immediately terminate the
training.
``(c) 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.
``(d) Training.--In subsection (a), the term `training' means
training received from an instructor in an aircraft or aircraft
simulator and does not include recurrent training, ground training, or
demonstration flights for marketing purposes.
``Sec. 1541. 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, to any employee or agent of the Department of Homeland
Security, the Department of Transportation, the Department of Justice,
any Federal, State, or local law enforcement officer, or any airport or
airline security officer shall not be civilly liable to any person
under any law or regulation of the United States, any constitution,
law, or regulation of any State or political subdivision of any State,
for such disclosure.
``(b) Application.--Subsection (a) shall not apply to--
``(1) any disclosure made with actual knowledge that the
disclosure was false, inaccurate, or misleading; or
``(2) any disclosure made with reckless disregard as to the
truth or falsity of that disclosure.
``Sec. 1542. Performance goals and objectives
``(a) Short-Term Transition.--
``(1) In general.--The Under Secretary for Border and
Transportation Security, in consultation with Congress, may--
``(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.--
``(A) Measurable goals and objectives.--Each year,
consistent with the requirements of the Government
Performance and Results Act of 1993 (in this subsection
referred to as the `GPRA'), the Secretary of Homeland
Security, the Under Secretary, and the Administrator of
the Transportation Security Administration 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.
``(B) Clarification of responsibilities.--In
addition to meeting the requirements of GPRA, the
performance plan should clarify the responsibilities of
the Secretary, the Under Secretary, the Administrator,
and the head of any other agency or organization that
may have a role in ensuring the security of the civil
air transportation system.
``(2) Performance report.--Each year, consistent with the
requirements of GPRA, the Under Secretary 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. 1543. Performance management system
``(a) Establishing a Fair and Equitable System for Measuring Staff
Performance.--The Under Secretary for Border and 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 of Homeland
Security, the Under Secretary, and the Administrator of the
Transportation Security Administration shall enter into an
annual performance agreement that shall set forth
organizational and individual performance goals for the Under
Secretary and the Administrator.
``(2) Goals.--Each year, the Under Secretary, the
Administrator, and each senior manager who reports to the Under
Secretary or the Administrator 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 or the Administrator
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 this part, the Under Secretary
shall, to the extent practical, maximize the use of performance-based
service contracts. These contracts should be consistent with guidelines
published by the Office of Federal Procurement Policy.
``Sec. 1544. Voluntary provision of emergency services
``(a) Program for Provision of Voluntary Services.--
``(1) Program.--The Under Secretary for Border and
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 arising
out of the acts or omissions of the individual in providing or
attempting to provide assistance in the case of an in-flight emergency
unless the individual, while rendering such assistance, is guilty of
gross negligence or willful misconduct.
``CHAPTER 17--INVESTIGATIONS AND PROCEEDINGS
``Sec.
``1701. Complaints and investigations.
``1702. Proceedings.
``1703. Service of notice, process, and actions.
``1704. Evidence.
``1705. Regulations and orders.
``1706. Certificate actions in response to a security threat.
``1707. Enforcement by Transportation Security Administration.
``1708. Enforcement by Attorney General.
``1709. Joinder and intervention.
``1710. Judicial review.
``Sec. 1701. Complaints and investigations
``(a) General.--
``(1) Filing of complaint and investigation.--A person may
file a complaint in writing with the Under Secretary for Border
and Transportation Security about a person violating this part
or a requirement prescribed under this part. Except as provided
in subsection (b), the Under Secretary shall investigate the
complaint if a reasonable ground appears to the Under Secretary
for the investigation.
``(2) Investigation on initiative of under secretary.--On
the initiative of the Under Secretary, the Under Secretary may
conduct an investigation, if a reasonable ground appears to the
Under Secretary for the investigation, about--
``(A) a person violating this part or a requirement
prescribed under this part; or
``(B) any question that may arise under this part.
``(3) Dismissal of complaint.--The Under Secretary may
dismiss a complaint without a hearing when the Under Secretary
is of the opinion that the complaint does not state facts that
warrant an investigation or action.
``(4) Order.--After notice and an opportunity for a
hearing, the Under Secretary shall issue an order to compel
compliance with this part if the Under Secretary finds in an
investigation under this subsection that a person is violating
this part.
``(5) International obligations.--In issuing orders under
paragraph (4), the Under Secretary--
``(A) shall act consistently with obligations of
the United States Government; and
``(B) shall consider applicable laws and
requirements of a foreign country.
``(b) Complaints Against Members of Armed Forces.--The Under
Secretary shall refer a complaint against a member of the armed forces
of the United States performing official duties to the Secretary of the
department concerned for action. Not later than 90 days after receiving
the complaint, the Secretary of that department shall inform the Under
Secretary of the action taken on the complaint, including any
corrective or disciplinary action taken.
``Sec. 1702. Proceedings
``(a) Conducting Proceedings.--Subject to subchapter II of chapter
5 of title 5, the Under Secretary for Border and Transportation
Security may conduct proceedings in a way conducive to justice and the
proper dispatch of business.
``(b) Appearance.--A person may appear and be heard before the
Under Secretary in person or by an attorney.
``(c) Recording and Public Access.--Official action taken by the
Under Secretary under this part shall be recorded. Proceedings before
the Under Secretary shall be open to the public on the request of an
interested party unless the Under Secretary decides that secrecy is
required because of national defense.
``(d) Conflicts of Interest.--The Under Secretary may not
participate in a proceeding referred to in subsection (a) in which the
Under Secretary has a pecuniary interest.
``Sec. 1703. Service of notice, process, and actions
``(a) Designating Agents.--
``(1) In general.--Each air carrier and foreign air carrier
shall designate an agent on whom service of notice and process
in a proceeding before, and an action of, the Under Secretary
for Border and Transportation Security may be made.
``(2) Procedural requirements.--The designation--
``(A) shall be in writing and filed with the Under
Secretary; and
``(B) may be changed in the same way as originally
made.
``(b) Service.--
``(1) In general.--Service may be made--
``(A) by personal service;
``(B) on a designated agent; or
``(C) by certified or registered mail to the person
to be served or the designated agent of the person.
``(2) Date of service.--The date of service made by
certified or registered mail is the date of mailing.
``(c) Serving Agents.--Service on an agent designated under this
section shall be made at the office or usual place of residence of the
agent. If an air carrier or foreign air carrier does not have a
designated agent, service may be made by posting the notice, process,
or action in the office of the Under Secretary.
``Sec. 1704. Evidence
``(a) General.--In conducting a hearing or investigation under this
chapter, the Under Secretary for Border and Transportation Security
may--
``(1) subpoena witnesses and records related to a matter
involved in the hearing or investigation from any place in the
United States to the designated place of the hearing or
investigation;
``(2) administer oaths;
``(3) examine witnesses; and
``(4) receive evidence at a place in the United States the
Under Secretary designates.
``(b) Compliance With Subpoenas.--If a person disobeys a subpoena,
the Under Secretary, or a party to a proceeding before the Under
Secretary may petition a court of the United States to enforce the
subpoena. A judicial proceeding to enforce a subpoena under this
section may be brought in the jurisdiction in which the proceeding or
investigation is conducted. The court may punish a failure to obey an
order of the court to comply with the subpoena as a contempt of court.
``(c) Depositions.--
``(1) Order.--In a proceeding or investigation, the Under
Secretary may order a person to give testimony by deposition
and to produce records. If a person fails to be deposed or to
produce records, the order may be enforced in the same way a
subpoena may be enforced under subsection (b).
``(2) Person taking.--A deposition may be taken before an
individual designated by the Under Secretary and having the
power to administer oaths.
``(3) Notice.--Before taking a deposition, the party or the
attorney of the party proposing to take the deposition must
give reasonable notice in writing to the opposing party or the
attorney of record of that party. The notice shall state the
name of the witness and the time and place of taking the
deposition.
``(4) Under oath; transcript.--The testimony of a person
deposed under this subsection shall be under oath. The person
taking the deposition shall prepare, or cause to be prepared, a
transcript of the testimony taken. The transcript shall be
subscribed by the deponent. Each deposition shall be filed
promptly with the Under Secretary.
``(5) Special rules for foreign countries.--If the laws of
a foreign country allow, the testimony of a witness in that
country may be taken by deposition--
``(A) by a consular officer or an individual
commissioned by the Under Secretary or agreed on by the
parties by written stipulation filed with the Under
Secretary; or
``(B) under letters rogatory issued by a court of
competent jurisdiction at the request of the Under
Secretary.
``(d) Witness Fees and Mileage and Certain Foreign Country
Expenses.--A witness summoned before the Under Secretary or whose
deposition is taken under this section and the individual taking the
deposition are each entitled to the same fee and mileage that the
witness and individual would have been paid for those services in a
court of the United States. Under regulations of the Under Secretary,
the Under Secretary shall pay the necessary expenses incident to
executing, in another country, a commission or letter rogatory issued
at the initiative of the Under Secretary.
``(e) Designating Employees To Conduct Hearings.--When designated
by the Under Secretary, an employee appointed under section 3105 of
title 5 may conduct a hearing, subpoena witnesses, administer oaths,
examine witnesses, and receive evidence at a place in the United States
the Under Secretary designates. On request of a party, the Under
Secretary shall hear or receive argument.
``Sec. 1705. Regulations and orders
``(a) Effectiveness of Orders.--Except as provided in this part, a
regulation prescribed or order issued by the Under Secretary for Border
and Transportation Security with respect to security duties and powers
designated to be carried out by the Under Secretary takes effect within
a reasonable time prescribed by the Under Secretary. The regulation or
order remains in effect under its own terms or until superseded. Except
as provided in this part, the Under Secretary may amend, modify, or
suspend an order in the way, and by giving the notice, the Under
Secretary decides.
``(b) Contents and Service of Orders.--An order of the Under
Secretary shall include the findings of fact on which the order is
based and shall be served on the parties to the proceeding and the
persons affected by the order.
``Sec. 1706. Certificate actions in response to a security threat
``(a) Orders.--The Administrator of Federal Aviation Administration
shall issue an order amending, modifying, suspending, or revoking any
part of a certificate issued under this title if the Administrator is
notified by the Under Secretary for Border and Transportation Security
that the holder of the certificate poses, or is suspected of posing, a
risk of air piracy or terrorism or a threat to airline or passenger
safety. If requested by the Under Secretary, the order shall be
effective immediately.
``(b) Hearings for Citizens.--An individual who is a citizen of the
United States who is adversely affected by an order of the
Administrator under subsection (a) is entitled to a hearing on the
record.
``(c) Hearings.--When conducting a hearing under this section, the
administrative law judge shall not be bound by findings of fact or
interpretations of laws and regulations of the Administrator or the
Under Secretary.
``(d) Appeals.--An appeal from a decision of an administrative law
judge as the result of a hearing under subsection (b) shall be made to
the Transportation Security Oversight Board established by section
1312. The Board shall establish a panel to review the decision. The
members of this panel (1) shall not be employees of the Transportation
Security Administration, (2) shall have the level of security clearance
needed to review the determination made under this section, and (3)
shall be given access to all relevant documents that support that
determination. The panel may affirm, modify, or reverse the decision.
``(e) Judicial Review.--A person substantially affected by an
action of a panel under subsection (d), or the Under Secretary when the
Under Secretary decides that the action of the panel under this section
will have a significant adverse impact on carrying out this part, may
obtain judicial review of the order under section 1710. The Under
Secretary and the Administrator shall be made a party to the judicial
review proceedings. Findings of fact of the panel are conclusive if
supported by substantial evidence.
``(f) Explanation of Decisions.--An individual who commences an
appeal under this section shall receive a written explanation of the
basis for the determination or decision and all relevant documents that
support that determination to the maximum extent that the national
security interests of the United States and other applicable laws
permit.
``(g) Classified Evidence.--
``(1) In general.--The Under Secretary, in consultation
with the Administrator, shall issue regulations to establish
procedures by which the Under Secretary, as part of a hearing
conducting under this section, may substitute an unclassified
summary of classified evidence upon the approval of the
administrative law judge.
``(2) Approval and disapproval of summaries.--Under the
procedures, an administrative law judge shall--
``(A) approve a summary if the judge finds that it
is sufficient to enable the certificate holder to
appeal an order issued under subsection (a); or
``(B) disapprove a summary if the judge finds that
it is not sufficient to enable the certificate holder
to appeal such an order.
``(3) Modifications.--If an administrative law judge
disapproves a summary under paragraph (2)(B), the judge shall
direct the Under Secretary to modify the summary and resubmit
the summary for approval.
``(4) Insufficient modifications.--If an administrative law
judge is unable to approve a modified summary, the order issued
under subsection (a) that is the subject of the hearing shall
be set aside unless the judge finds that such a result--
``(A) would likely cause serious and irreparable
harm to the national security; or
``(B) would likely cause death or serious bodily
injury to any person.
``(5) Special procedures.--If an administrative law judge
makes a finding under subparagraph (A) or (B) of paragraph (4),
the hearing shall proceed without an unclassified summary
provided to the certificate holder. In such a case, subject to
procedures established by regulation by the Under Secretary in
consultation with the Administrator, the administrative law
judge shall appoint a special attorney to assist the accused
by--
``(A) reviewing in camera the classified evidence;
and
``(B) challenging, through an in camera proceeding,
the veracity of the evidence contained in the
classified information.''.
``Sec. 1707. Enforcement by Transportation Security Administration
``The Under Secretary for Border and Transportation Security may
bring a civil action against a person in a district court of the United
States to enforce this part or a requirement or regulation prescribed,
or an order or any term of a certificate or permit issued, under this
part. The action may be brought in the judicial district in which the
person does business or the violation occurred.
``Sec. 1708. Enforcement by Attorney General
``(a) Civil Actions To Enforce This Part.--
``(1) In general.--On request of the Under Secretary for
Border and Transportation Security, the Attorney General may
bring a civil action in an appropriate court--
``(A) to enforce this part or a requirement or
regulation prescribed, or an order or any term of a
certificate or permit issued, under this part; and
``(B) to prosecute a person violating this part or
a requirement or regulation prescribed, or an order or
any term of a certificate or permit issued, under this
part.
``(2) Payment of costs and expenses.--The costs and
expenses of a civil action shall be paid out of the
appropriations for the expenses of the courts of the United
States.
``(c) Participation of Secretary, Under Secretary, or
Administrator.--On request of the Attorney General, the Secretary of
Homeland Security, the Under Secretary, the Administrator of the
Transportation Security Administration, or the Administrator of the
Federal Aviation Administration may participate in a civil action under
this part.
``Sec. 1709. Joinder and intervention
``A person interested in or affected by a matter under
consideration in a proceeding before the Under Secretary for Border and
Transportation Security or civil action to enforce this part or a
requirement or regulation prescribed, or an order or any term of a
certificate or permit issued, under this part may be joined as a party
or permitted to intervene in the proceeding or civil action.
``Sec. 1710. Judicial review
``(a) Filing and Venue.--A person disclosing a substantial interest
in an order issued by the Under Secretary for Border and Transportation
Security with respect to security duties and powers designated to be
carried out by the Under Secretary under this part may apply for review
of the order by filing a petition for review in the United States Court
of Appeals for the District of Columbia Circuit or in the court of
appeals of the United States for the circuit in which the person
resides or has its principal place of business. The petition must be
filed not later than 60 days after the order is issued. The court may
allow the petition to be filed after the 60th day only if there are
reasonable grounds for not filing by the 60th day.
``(b) Judicial Procedures.--When a petition is filed under
subsection (a), the clerk of the court immediately shall send a copy of
the petition to the Under Secretary. The Under Secretary shall file
with the court a record of any proceeding in which the order was
issued, as provided in section 2112 of title 28.
``(c) Authority of Court.--When the petition is sent to the Under
Secretary, the court has exclusive jurisdiction to affirm, amend,
modify, or set aside any part of the order and may order the Under
Secretary to conduct further proceedings. After reasonable notice to
the Under Secretary, the court may grant interim relief by staying the
order or taking other appropriate action when good cause for its action
exists. Findings of fact by the Under Secretary, if supported by
substantial evidence, are conclusive.
``(d) Requirement for Prior Objection.--In reviewing an order under
this section, the court may consider an objection to an order of the
Secretary of Homeland Security, the Under Secretary, or the
Administrator of the Transportation Security Administration only if the
objection was made in the proceeding conducted by the Secretary, the
Under Secretary, or the Administrator or if there was a reasonable
ground for not making the objection in the proceeding.
``(e) Supreme Court Review.--A decision by a court under this
section may be reviewed only by the Supreme Court under section 1254 of
title 28.
``CHAPTER 19--PENALTIES
``Sec.
``1901. Civil penalties.
``1902. Carrying a weapon.
``1903. Liens on aircraft.
``1904. Actions to recover civil penalties.
``1905. Unlawful disclosure of information.
``1906. Refusing to appear or produce records.
``1907. Entering aircraft or airport area in violation of security
requirements.
``1908. General criminal penalty when specific penalty not provided.
``Sec. 1901. Civil penalties
``(a) General Penalty.--
``(1) Violations of chapter 15.--A person is liable to the
United States Government for a civil penalty of not more than
$10,000 for violating--
``(A) chapter 15 (except sections 1502, 1503(d),
1504, 1507(a)-(d)(1)(A) and (d)(1)(C)-(f), and 1508) or
another requirement under this part administered by the
Under Secretary for Border and Transportation Security;
``(B) a regulation prescribed or order issued under
any provision to which subparagraph (A) applies.
``(2) Violations by pilots.--A person operating an aircraft
for the transportation of passengers or property for
compensation (except an airman serving as an airman) is liable
to the Government for a civil penalty of not more than $25,000
for violating--
``(A) chapter 15 (except sections 1502, 1503(d),
1504, and 1507-1509) or another requirement under this
title administered by the Under Secretary; or
``(B) a regulation prescribed or order issued under
any provision to which subparagraph (A) applies.
``(3) Occurrence of separate violation.--A separate
violation occurs under this subsection for each day the
violation continues or, if applicable, for each flight
involving the violation.
``(b) Administrative Imposition of Penalties.--
``(1) In general.--The Under Secretary for Border and
Transportation Security may impose a civil penalty for a
violation of chapter 15 (except sections 1502, 1503(d),
1507(a)-(d)(1)(A), 1507(d)(1)(C)-(f), 1508, and 1509) or a
regulation prescribed or order issued under this part. The
Under Secretary shall give written notice of the finding of a
violation and the penalty.
``(2) Limitation on review.--In a civil action to collect a
civil penalty imposed by the Under Secretary under this
subsection, the issues of liability and the amount of the
penalty may not be reexamined.
``(3) Exclusion jurisdiction of district court.--
Notwithstanding paragraph (1), the district courts of the
United States have exclusive jurisdiction of a civil action
involving a penalty the Under Secretary initiates if--
``(A) the amount in controversy is more than
$50,000;
``(B) the action is in rem or another action in rem
based on the same violation has been brought;
``(C) the action involves an aircraft subject to a
lien that has been seized by the Government; or
``(D) another action has been brought for an
injunction based on the same violation.
``(4) Maximum amount.--The maximum civil penalty the Under
Secretary may impose under this subsection is $50,000.
``(5) Procedural rules for pilots, flight engineers,
mechanics, and repairmen.--
``(A) Notice of changes and reasons.--The Under
Secretary may issue an order imposing a penalty under
this subsection against an individual acting as a
pilot, flight engineer, mechanic, or repairman only
after advising the individual of the charges or any
reason the Under Secretary relied on for the proposed
penalty and providing the individual an opportunity to
answer the charges and be heard about why the order
shall not be issued.
``(B) Appeal to ntsb.--An individual acting as a
pilot, flight engineer, mechanic, or repairman may
appeal an order imposing a penalty under this
subsection to the National Transportation Safety Board.
After notice and an opportunity for a hearing on the
record, the Board shall affirm, modify, or reverse the
order. The Board may modify a civil penalty imposed to
a suspension or revocation of a certificate.
``(C) Hearings of ntsb.--When conducting a hearing
under this paragraph, the Board is not bound by
findings of fact of the Under Secretary but is bound by
all validly adopted interpretations of laws and
regulations the Under Secretary carries out and of
written agency policy guidance available to the public
related to sanctions to be imposed under this section
unless the Board finds an interpretation is arbitrary,
capricious, or otherwise not according to law.
``(D) Stay of order pending appeal.--When an
individual files an appeal with the Board under this
paragraph, the order of the Under Secretary is stayed.
``(6) Judicial review.--An individual substantially
affected by an order of the Board under paragraph (5), or the
Under Secretary when the Under Secretary decides that an order
of the Board under paragraph (5) will have a significant
adverse impact on carrying out this part, may obtain judicial
review of the order under section. The Under Secretary shall be
made a party to the judicial review proceedings. Findings of
fact of the Board are conclusive if supported by substantial
evidence.
``(7) Procedural rules for others.--
``(A) Notice of opportunity for hearing.--The Under
Secretary may impose a penalty on a person (except an
individual acting as a pilot, flight engineer,
mechanic, or repairman) only after notice and an
opportunity for a hearing on the record.
``(B) Standards of review.--In an appeal from a
decision of an administrative law judge as the result
of a hearing under subparagraph (A), the Under
Secretary shall consider only whether--
``(i) each finding of fact is supported by
a preponderance of reliable, probative, and
substantial evidence;
``(ii) each conclusion of law is made
according to applicable law, precedent, and
public policy; and
``(iii) the judge committed a prejudicial
error that supports the appeal.
``(C) Deadline for initiation of civil action.--
Except for good cause, a civil action involving a
penalty under this paragraph may not be initiated later
than 2 years after the violation occurs.
``(c) Compromise and Setoff.--
``(1) Compromise.--The Under Secretary may compromise the
amount of a civil penalty imposed for violating--
``(A) chapter 15 (except sections 1502, 1503(d),
1504, and 1507-1509) or another requirement under this
title administered by the Under Secretary; or
``(B) a regulation prescribed or order issued under
any provision to which subparagraph (A) applies.
``(2) Setoff.--The Government may deduct the amount of a
civil penalty imposed or compromised under this subsection from
amounts it owes the person liable for the penalty.
``(d) Judicial Review.--An order of the Under Secretary imposing a
civil penalty may be reviewed judicially only under section 1710.
``(e) Nonapplication to Military Personnel.--
``(1) In general.--This section does not apply to the
following when performing official duties:
``(A) A member of the armed forces of the United
States.
``(B) A civilian employee of the Department of
Defense subject to the Uniform Code of Military
Justice.
``(2) Responsibility of military authority.--The
appropriate military authority is responsible for taking
necessary disciplinary action and submitting to the Under
Secretary.
``Sec. 1902. Carrying a weapon
``(a) Civil Penalty.--An individual who, when on, or attempting to
board, an aircraft in, or intended for operation in, air transportation
or intrastate air transportation, has on or about the individual or the
property of the individual a concealed dangerous weapon that is or
would be accessible to the individual in flight is liable to the United
States Government for a civil penalty of not more than $10,000 for each
violation.
``(b) Compromise and Setoff.--
``(1) Compromise.--The Under Secretary may compromise the
amount of a civil penalty imposed under subsection (a).
``(2) Setoff.--The Government may deduct the amount of a
civil penalty imposed or compromised under this section from
amounts it owes the individual liable for the penalty.
``(c) Nonapplication.--This section does not apply to--
``(1) a law enforcement officer of a State or political
subdivision of a State, or an officer or employee of the
Government, authorized to carry arms in an official capacity;
or
``(2) another individual the Secretary of Homeland
Security, the Under Secretary, or the Administrator of the
Federal Aviation Administration by regulation authorizes to
carry arms in an official capacity.
``Sec. 1903. Liens on aircraft
``(a) Aircraft Subject to Liens.--When an aircraft is involved in a
violation referred to in section 1901(a)(1) or (2) and the violation is
by the owner of, or individual commanding, the aircraft, the aircraft
is subject to a lien for the civil penalty.
``(b) Seizure.--An aircraft subject to a lien under this section
may be seized summarily and placed in the custody of a person
authorized to take custody of it under regulations of the Under
Secretary for Border and Transportation Security. A report on the
seizure shall be submitted to the Attorney General. The Attorney
General promptly shall bring a civil action in rem to enforce the lien
or notify the Under Secretary that the action will not be brought.
``(c) Release.--An aircraft seized under subsection (b) shall be
released from custody when--
``(1) the civil penalty is paid;
``(2) a compromise amount agreed on is paid;
``(3) the aircraft is seized under a civil action in rem to
enforce the lien;
``(4) the Attorney General gives notice that a civil action
will not be brought under subsection (b); or
``(5) a bond (in an amount and with a surety the Under
Secretary prescribes), conditioned on payment of the penalty or
compromise, is deposited with the Under Secretary.
``Sec. 1904. Actions to recover civil penalties
``A civil penalty under this chapter may be collected by bringing a
civil action against the person subject to the penalty, a civil action
in rem against an aircraft subject to a lien for a penalty, or both.
The action shall conform as nearly as practicable to a civil action in
admiralty, regardless of the place an aircraft in a civil action in rem
is seized. However, a party may demand a jury trial of an issue of fact
in an action involving a civil penalty under this chapter if the value
of the matter in controversy is more than $20. Issues of fact tried by
a jury may be reexamined only under common law rules.
``Sec. 1905. Unlawful disclosure of information
``(a) Criminal Penalty.--The Under Secretary for Border and
Transportation Security or an officer or employee of the Under
Secretary shall be fined under title 18, imprisoned for not more than 2
years, or both, if the Under Secretary, officer, or employee knowingly
and willfully discloses information that--
``(1) the Under Secretary, officer, or employee acquires
when inspecting the records of an air carrier; or
``(2) is withheld from public disclosure under section
40115.
``(b) Nonapplication.--Subsection (a) does not apply if--
``(1) the officer or employee is directed by the Under
Secretary to disclose information that the Under Secretary had
ordered withheld; or
``(2) the Under Secretary, officer, or employee is directed
by a court of competent jurisdiction to disclose the
information.
``(c) Withholding Information From Congress.--This section does not
authorize the Under Secretary to withhold information from a committee
of Congress authorized to have the information.
``Sec. 1906. Refusing to appear or produce records
``A person not obeying a subpoena or requirement of the Under
Secretary for Border and Transportation Security to appear and testify
or produce records shall be fined under title 18, imprisoned for not
more than one year, or both.
``Sec. 1907. Entering aircraft or airport area in violation of security
requirements
``(a) Prohibition.--A person may not knowingly and willfully enter,
in violation of security requirements prescribed under section 1501,
1503(b) or (c), or 1506, an aircraft or an airport area that serves an
air carrier or foreign air carrier.
``(b) Criminal Penalty.--
``(1) In general.--A person violating subsection (a) shall
be fined under title 18, imprisoned for not more than one year,
or both.
``(2) Special rule for intent to commit felony.--A person
violating subsection (a) with intent to commit, in the aircraft
or airport area, a felony under a law of the United States or a
State shall be fined under title 18, imprisoned for not more
than 10 years, or both.
``Sec. 1908. General criminal penalty when specific penalty not
provided
``(a) Criminal Penalty.--Except as provided by subsection (b), when
another criminal penalty is not provided under this chapter, a person
that knowingly and willfully violates this part, a regulation
prescribed or order issued by the Under Secretary for Border and
Transportation Security under this part, or any term of a certificate
or permit issued under this part, shall be fined under title 18. A
separate violation occurs for each day the violation continues.
``(b) Nonapplication.--Subsection (a) does not apply to chapter 15
(except sections 1502, 1503(d), 1504, and 1507-1509).
``CHAPTER 21--AVIATION SECURITY FUNDING
``Sec.
``2101. Aviation security funding.
``Sec. 2101. 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 this part 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 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.''.
(b) Training To Operate Certain Aircraft.--Notwithstanding
subsection (f), section 44939 of title 49, United States Code, shall
remain in effect through the 60th day following the date of enactment
of this Act. Section 1539, as added by section 3 of this Act, shall not
take effect until the day following such 60 day.
(c) Position of Administrator in Executive Schedule.--
(1) In general.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator of the Transportation Security
Administration of the Department of Homeland Security.''.
(2) Conforming amendment to title 5.--Section 5313 of title
5, United States Code, is amended by striking ``The Under
Secretary of Transportation for Security''.
(d) Change of Certain Notice to Airmen.--The Federal Aviation
Administration's Flight Data Center Notice to Airmen 3/1862 shall have
no effect, and the Administrator of the Federal Aviation Administration
shall replace such notice with a new notice to airmen to reflect
section 1524 of title 49, United States Code.
(e) Security Service Fee.--Title 49 is amended--
(1) in section 44940(a)(1)--
(A) by striking ``of Transportation for Security''
and inserting ``for Border and Transportation Security
of the Department of Homeland Security'';
(B) in subparagraph (A) by striking ``44901'' and
inserting ``1501'';
(C) in subparagraph (F) by striking ``44903'' and
inserting ``1503'';
(D) in subparagraph (G) by striking ``44903(h)''
and inserting ``1503(h)'';
(E) by inserting after subparagraph (G) the
following:
``(H) The costs of training pilots and flight
attendants under sections 1518 and 1521.
``(I) The costs of airport security improvement
projects under section 1525.''; and
(F) by striking ``44922'' and inserting ``1522'';
(2) in section 44940(d)(4) by inserting after ``imposed''
the following: ``, including the cost of fulfilling letters of
intent issued under section 1525,'';
(3) in section 44940(h) by striking ``44901'' and inserting
``1501'';
(4) by redesignating section 44940 (as so amended) as
section 1540;
(5) by moving such redesignated section from subtitle VII
to subtitle II; and
(6) by inserting such redesignated section after section
1539 (as inserted by subsection (a) of this section).
(f) Repeal of Restated Provisions.--The following provisions are
repealed:
(1) Section 114 and the item relating to such section in
the analysis for chapter 1.
(2) Section 115 and the item relating to such section in
the analysis for chapter 1.
(3) Chapter 449.
(4) Chapter 483 and the item relating to such chapter in
the analysis for subtitle VII.
(5) Sections 101(c)(2) and 111(d) of the Aviation and
Transportation Security Act (5 U.S.C. 5313 note, 49 U.S.C.
44935 note).
(6) Sections 352 and 367 of the Transportation and Related
Agencies Appropriations Act, 2003 (Public Law 108-7, div. I;
117 Stat. 410, 423).
(7) Sections 302 and 310 of the Federal Aviation
Reauthorization Act of 1996 (49 U.S.C. 44935 note and 44904
note; 110 Stat. 3250, 3253).
(g) Technical Amendment.--Section 132(a) of the Aviation and
Transportation Security Act (49 U.S.C. 44903; 115 Stat. 635-636) is
amended by striking ``12,500 pounds or more'' and inserting ``more than
12,500 pounds''.
SEC. 102. AMENDMENTS TO CHAPTER 1.
Section 106(g) is amended--
(1) by striking ``(1) Except as provided in paragraph (2)
of this subsection, the Administrator'' and inserting ``The
Administrator'';
(2) by striking paragraph (2);
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(4) in paragraph (1) (as so redesignated)--
(A) by striking ``chapter 449 (except sections
44903(d), 44904, 44905, 44907-44911, 44913, 44915, and
44931-44934),''; and
(B) by striking ``and 46313-46316,'' and inserting
``46313, 46315, and 46316,''.
SEC. 103. AMENDMENT TO CHAPTER 3.
The second sentence of section 326(a) is amended by striking
``aviation duties and powers'' and inserting ``the duties and powers of
the Department''.
SEC. 104. AMENDMENT TO CHAPTER 337.
Section 337, and the item relating to such section in the analysis
for chapter 3, are repealed.
SEC. 105. AMENDMENTS TO CHAPTER 401.
(a) Limitation on Restrictions on Use of Airspace for Security
Reasons.--Section 40103 is amended by adding at the end the following:
``(f) Limitation on Restrictions on Use of Airspace for Security
Reasons.--The Administrator shall not impose any restriction on the use
of airspace for security reasons unless the restriction is approved by
the Under Secretary for Border and Transportation Security.''.
(b) Emergency Powers.--Section 40106 is amended by adding at the
end the following:
``(c) Suspensions.--Notwithstanding section 40105(b) and subsection
(b) of this section, the Secretary of Transportation, with the approval
of the Secretary of State and without notice or a hearing, shall
suspend the right of an air carrier or foreign air carrier to provide
foreign air transportation, and the right of a person to operate
aircraft in foreign air commerce, to or from a foreign airport when the
Secretary of Transportation decides that--
``(1) a condition exists that threatens the safety of
passengers, aircraft, or crew traveling to or from that
airport; and
``(2) the public interest requires an immediate suspension
of transportation between the United States and that
airport.''.
(c) Authority To Exempt.--
(1) Safety regulation.--Section 40109(b) is amended to read
as follows:
``(b) Safety Regulation.--The Administrator of the Federal Aviation
Administration may grant an exemption from a regulation prescribed by
the Administrator in carrying out sections 40103(b)(1), 40103(b)(2),
and 40119 if the Administrator decides the exemption is in the public
interest.''.
(2) Economic regulation.--Section 40109(c) is amended by
striking ``sections 44909 and 46301(b)'' and inserting
``section 46301(b)''.
(d) FAA Acquisition Management System.--Section 40110(d) is amended
by inserting after paragraph (4) the following:
``(5) Appeals.--Any appeal of a decision made under the
acquisition system developed under this subsection shall be
conducted in accordance with section 46110.''.
(e) Administrative.--Section 40113 is amended--
(1) in subsection (a)--
(A) by striking ``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 ``, Under Secretary,''; and
(2) in subsection (d)--
(A) by striking ``Under Secretary of Transportation
for Security or the'';
(B) by striking ``Transportation Security
Administration'';
(C) by striking ``, as the case may be,'' each
place it appears; and
(D) by striking ``Under Secretary or''.
(f) Security and Research and Development Activities.--Section
40119(a) is amended by striking ``of Transportation for Security'' and
inserting ``for Border and Transportation Security of the Department of
Homeland Security''.
SEC. 106. AMENDMENTS TO CHAPTER 411.
(a) In General.--Chapter 411 is amended by adding at the end the
following:
``Sec. 41114. Passenger manifests
``(a) Air Carrier Requirements.--
``(1) In general.--The Secretary of Transportation shall
require each air carrier to provide a passenger manifest for a
flight to an appropriate representative of the Secretary of
State--
``(A) not later than one hour after that carrier is
notified of an aviation disaster outside the United
States involving that flight; or
``(B) if it is not technologically feasible or
reasonable to comply with subparagraph (A), then as
expeditiously as possible, but not later than 3 hours
after the carrier is so notified.
``(2) Contents of passenger manifest.--The passenger
manifest should include the following information:
``(A) The full name of each passenger.
``(B) The passport number of each passenger, if
required for travel.
``(C) The name and telephone number of a contact
for each passenger.
``(3) Consideration.--In carrying out this subsection, the
Secretary of Transportation shall consider the necessity and
feasibility of requiring air carriers to collect passenger
manifest information as a condition for passengers boarding a
flight of the carrier.
``(b) Foreign Air Carrier Requirements.--The Secretary of
Transportation shall consider imposing a requirement on foreign air
carriers comparable to that imposed on air carriers under paragraphs
(1) and (2) of subsection (a).''.
(b) Conforming Amendment.--The analysis for chapter 411 is amended
by adding at the end the following:
``Sec. 41114. Passenger manifests.''.
SEC. 107. AMENDMENT TO CHAPTER 443.
The heading to subsection (a) of section 44303 of title 49, United
States Code, is amended by striking ``general'' and inserting
``General''.
SEC. 108. AMENDMENTS TO CHAPTER 445.
Section 44501(c)(2)(B)(i) and subsections (a)(1)(A), (a)(2), and
(e)(1) of section 44508 are each amended by striking ``, 44511-44513,
and 44912'' and inserting ``, and 44511-44513''.
SEC. 109. AMENDMENTS TO CHAPTER 461.
Chapter 461 is amended--
(1) in each of sections 46101(a)(1), 46102(a), 46103(a),
46104(a), 46105(a), 46106, 46107(b), and 46110(a) by striking
``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 ``, Under Secretary,'' each place it
appears; and
(3) in each of sections 46102(d) and 46104(b) by striking
``the Under Secretary,''.
SEC. 110. AMENDMENTS TO CHAPTER 463.
Chapter 463 is amended--
(1) in section 46301(a)(1)(A) by striking ``chapter 449
(except sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and
(d)(1)(C)-(f), and 44908,)'';
(2) in section 46301(a)(2)(A)--
(A) by inserting ``or'' after ``or (c),''; and
(B) by striking ``, or chapter 449 (except sections
44902, 44903(d), 44904, and 44907-44909)'';
(3) in section 46301(a)(4) by striking ``41715'' each place
it appears and inserting ``41719'';
(4) by striking section 46301(a)(8);
(5) in section 46301(c)(1)(A)--
(A) by inserting ``or'' after ``419,''; and
(B) by striking ``, or section 44909'' and
inserting ``, or section 41114'';
(6) in section 46301(d)--
(A) by striking the second sentence of paragraph
(2);
(B) by striking ``Under Secretary or'' each place
it appears in paragraphs (2), (3), and (4); and
(C) by striking ``Under Secretary, Administrator,''
in paragraph (8) and inserting ``Administrator'';
(7) in section 46301(f)(1)(A)(i) by striking ``, chapter
449 (except sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A)
and (d)(1)(C)-(f), 44908, and 44909)'';
(8) in each of sections 46301(h)(2), 46313, and 46316(a) by
striking ``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 inserting ``or the
Under Secretary for Border and Transportation Security of the
Department of Homeland Security'';
(9) in section 46303(c)(2) by striking ``or the Under
Secretary of Transportation for Security'' and inserting ``or
the Under Secretary for Border and Transportation Security of
the Department of Homeland Security'';
(10) in section 46311(a)--
(A) by striking ``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 striking ``, Under Secretary,'' the first
place it appears; and
(C) by striking ``, Under Secretary,'' the second
and third places it appears and inserting a comma;
(11) in each of subsections (b)(1) and (c) of section 46311
by striking ``, Under Secretary,'' each place it appears;
(12) in section 46311(b)(2) by striking ``Under
Secretary,'';
(13) by striking section 46314 and the item relating to
such section in the analysis for such chapter; and
(14) in section 46316(b)--
(A) by inserting ``and'' after ``445,''; and
(B) by striking ``, and chapter 449 (except
sections 44902, 44903(d), 44904, and 44907-44909)''.
SEC. 111. AMENDMENTS TO CHAPTER 465.
(a) Chapter Analysis.--The analysis for chapter 465 is amended--
(1) by striking ``46503. Repealed.''; and
(2) in the item relating to section 46503 by striking
``screening''.
(b) Interference With Security Personnel.--Section 46503 is
amended--
(1) in the section heading by striking ``screening''; and
(2) in the first sentence by striking ``or air carrier
employee'' and inserting ``air carrier, or contract employee''.
(c) Carrying a Weapon or Explosive on an Aircraft.--Section
46505(d)(2) is amended by striking ``of Transportation for'' and
inserting ``for Border and Transportation''.
SEC. 112. AMENDMENTS TO CHAPTER 471.
(a) Allowable Project Costs.--Section 47110(b)(2) is amended by
aligning subparagraph (D) with subparagraph (B).
(b) Discretionary Fund.--Section 47115(i) is amended by striking
``non-federal'' each place it appears and inserting ``non-Federal''.
SEC. 113. AMENDMENT TO CHAPTER 481.
Section 48107 is amended by striking ``44912(a)(4)(A)'' and
inserting ``44912(a)(5)(A)''.
SEC. 114. AMENDMENTS TO AVIATION AND TRANSPORTATION SECURITY ACT.
(a) Perimeter Security for Small and Medium Airports.--Section
106(b) of the Aviation and Transportation Security Act (49 U.S.C. 44903
note; 115 Stat. 609) is amended--
(1) in paragraph (1) by striking ``of Transportation for
Security'' and inserting ``Border and Transportation Security
of the Department of Homeland Security'';
(2) in paragraph (2)(A) by striking ``described in
paragraph (1)''; and
(3) in paragraph (2)(B) by striking ``Secretary'' and
inserting ``Under Secretary''.
(b) Trusted Passenger Programs.--Section 109(a)(3) of the Aviation
and Transportation Security Act (49 U.S.C. 114 note; 115 Stat. 613) is
amended by inserting ``(and their property)'' after ``passengers'' each
place it appears.
(c) Expedited Processing of Security-Related PFC Requests.--Section
119(c) of the Aviation and Transportation Security Act (115 Stat. 629)
is amended by striking ``47192(3)(J)'' and inserting ``47102(3)(J)''.
(d) General Aviation and Air Charters.--Section 132(a) of the
Aviation and Transportation Security Act (49 U.S.C. 44903 note; 115
Stat. 635) is amended by striking ``12,500 pounds or more'' and
inserting ``more than 12,500 pounds''.
(e) Location of Amendments.--Effective November 19, 2001--
(1) section 123(a) of the Aviation and Transportation
Security Act (115 Stat. 630) is amended by inserting ``of title
49, United States Code,'' after ``Section 47106(f)'';
(2) section 124(b) of such Act (115 Stat. 631) is amended
by inserting ``of title 49, United States Code,'' after
``Section 44306(c)''; and
(3) section 144 of such Act (115 Stat. 643) is amended by
inserting ``of title 49, United States Code,'' after ``Section
44303''.
(f) References to Under Secretary.--The Aviation and Transportation
Security Act (115 Stat. 597 et seq.) is further amended--
(1) in section 106(b)(1) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Under Secretary
for Border and Transportation Security'';
(2) in section 106(b)(2)(B) by striking ``Secretary'' and
inserting ``Under Secretary'';
(3) in section 106(e) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Under Secretary
for Border and Transportation Security'';
(4) in section 109(a) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Under Secretary
for Border and Transportation Security'';
(5) in section 132(a) by striking ``Under Secretary of
Transportation for Transportation Security'' and inserting
``Under Secretary for Border and Transportation Security'';
(6) in section 135(1) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Under Secretary
for Border and Transportation Security'';
(7) in section 137(b) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Under Secretary
for Border and Transportation Security''; and
(8) in section 141(b)(2) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Under Secretary
for Border and Transportation Security''.
SEC. 115. AMENDMENT TO TITLE 5, UNITED STATES CODE.
Section 8331(3)(E)(ii) of title 5, United States Code, is amended
by striking ``Department of Transportation'' and inserting ``Department
of Homeland Security''.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. EXEMPTION FOR CHARTER OPERATIONS TO PROVIDE TRANSPORTATION
FOR THE ARMED FORCES.
(a) In General.--The provisions of this Act and the Aviation and
Transportation Security Act (P.L. 107-71), including the amendments
made by such Acts, shall not apply to the operation of, or to the
passengers and property carried by, aircraft when employed to provide
charter transportation for the Armed Forces, except for an operation to
or from an airport described in section 1503(c) of title 49, United
States Code. For an operation to or from an airport described in
section 1503(c) of such title, the screening, and passenger manifest
provisions of such Acts, including the amendments made by such Acts,
shall not apply to passengers and property carried by such aircraft.
(b) Security Procedures.--The Secretary of Defense, in consultation
with the Under Secretary for Border and Transportation Security of the
Department of Homeland Security, shall establish security procedures
relating to the operation of such aircraft to or from an airport
described in section 1503(c) of title 49, United States Code.
SEC. 202. CHARTER FLIGHTS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT.
Not later than 30 days after the date enactment of this Act, the
Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall issue regulations allowing
nonscheduled air carriers to operate at Ronald Reagan Washington
National Airport under a security program approved by the Under
Secretary .
SEC. 203. PILOT PROGRAM FOR CARGO SECURITY.
(a) In General.--The Under Secretary for Border and Transportation
Security of the Department of Homeland Security shall conduct a pilot
program to assess the capabilities of the private sector in performing
audits, investigations, and inspections of the facilities of indirect
cargo air carrier, and in screening and providing secure transportation
of goods for such facilities without impeding the flow of commerce.
Such program shall be conducted at not less than 10 facilities
representing different sizes and types of indirect cargo air carrier
facilities.
(b) Duration.--The Under Secretary shall initiate the program under
subsection (a) not later than 3 months following the date of enactment
of this Act and shall conduct the program for a period of 12 months.
(c) Report to Congress.--Following completion of the program, the
Under Secretary shall report to the Committee on Commerce, Science and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(d) Indirect Cargo Air Carrier Defined.--In this section, the term
``indirect cargo air carrier'' means a person subject to regulation
under part 296 or 297 of title 14 of the Code of Federal Regulations.
SEC. 204. TRUSTED TRAVELER PROGRAM.
Not later than 1 year after the date of enactment of this Act, the
Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall implement a trusted traveler,
registered traveler, or similar program. In carrying out the program,
the Under Secretary shall begin by establishing the credentials of
airport and air carrier employees.
SEC. 205. THREATS TO UNITED STATES AIRPORTS.
Not later than 180 days after the date of enactment of this Act,
the Under Secretary for Border and Transportation Security of the
Department of Homeland Security, after consultation with the Federal
Bureau of Investigation and other Federal law enforcement and
intelligence agencies, shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that identifies and analyzes security threats faced by United
States airports, describes federally mandated security measures taken
to date that address the defined threats, and makes recommendations for
future measures to address other identified security risks. The Under
Secretary may transmit the report in classified and unclassified parts.
SEC. 206. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.
Not later than 6 months after the date of enactment of this Act,
the Under Secretary for Border and Transportation Security of the
Department of Homeland Security and the Administrator of the Federal
Aviation Administration shall jointly transmit to Congress a report
that--
(1) evaluates blast-resistant cargo container technology to
protect against explosives in passenger luggage and cargo on
passenger aircraft;
(2) examines the advantages associated with this technology
in preventing the damage and loss of aircraft from terrorist
action, any operational impacts which may result (particularly
added weight and costs), whether alternatives exist to mitigate
such impacts, and options available to pay for this technology;
and
(3) provides recommendations on what further action, if
any, should be taken with respect to the use of blast-resistant
cargo containers on passenger aircraft.
SEC. 207. ALLOCATIONS OF PASSENGER AND BAGGAGE SCREENING PERSONNEL AND
EQUIPMENT.
Not later than 30 days after the date of enactment of this Act, the
Administrator of the Transportation Security Administration shall
transmit to Congress a report describing the methodology and planning
of the Administrator for future allocations of passenger and baggage
screening personnel and equipment at airports in the United States. The
Administrator may transmit the report in classified form.
SEC. 208. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND
RELATED ACTIVITIES.
The Under Secretary for Border and Transportation Security of the
Department of Homeland Security, within available resources, shall
reimburse air carriers and airports for the following:
(1) All screening and related activities that the air
carriers or airports are still performing or continuing to be
responsible for, including--
(A) the screening of catering supplies;
(B) checking documents at security checkpoints;
(C) screening of passengers; and
(D) screening of persons with access to aircraft.
(2) The provision of space and facilities used to perform
screening functions if such space and facilities have been
previously used, or were intended to be used, for revenue-
producing purposes.
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