Pub.L. 107-072 To amend the Improving America's Schools Act of 1994 to extend the favorable treatment of need-based educational aid under the antitrust laws, and for other purposes. <> ...

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[[Page 115 STAT. 597]]

Public Law 107-71
107th Congress

                                 An Act


 
 To improve aviation security, and for other purposes. <<NOTE: Nov. 19, 
                          2001 -  [S. 1447]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Aviation and Transportation 
Security Act.>>  assembled,

SECTION 1. SHORT TITLE. <<NOTE: 49 USC 40101 note.>> 

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

                       TITLE I--AVIATION SECURITY

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 114. Transportation Security Administration

    ``(a) In General.--The Transportation Security Administration shall 
be an administration of the Department of Transportation.
    ``(b) Under Secretary.--
            ``(1) Appointment.--The head of the Administration shall be 
        the Under Secretary of Transportation for Security. The Under 
        Secretary shall be appointed by the President, by and with the 
        advice and consent of the Senate.
            ``(2) Qualifications.--The Under Secretary must--
                    ``(A) be a citizen of the United States; and
                    ``(B) have experience in a field directly related to 
                transportation or security.
            ``(3) Term.--The term of office of an individual appointed 
        as the Under Secretary shall be 5 years.

    ``(c) Limitation on Ownership of Stocks and Bonds.--The Under 
Secretary may not own stock in or bonds of a transportation or security 
enterprise or an enterprise that makes equipment that could be used for 
security purposes.
    ``(d) Functions.--The Under Secretary shall be responsible for 
security in all modes of transportation, including--
            ``(1) carrying out chapter 449, relating to civil aviation 
        security, and related research and development activities; and
            ``(2) security responsibilities over other modes of 
        transportation that are exercised by the Department of 
        Transportation.

    ``(e) Screening Operations.--The Under Secretary shall--
            ``(1) be responsible for day-to-day Federal security 
        screening operations for passenger air transportation and 
        intrastate air transportation under sections 44901 and 44935;

[[Page 115 STAT. 598]]

            ``(2) develop standards for the hiring and retention of 
        security screening personnel;
            ``(3) train and test security screening personnel; and
            ``(4) be responsible for hiring and training personnel to 
        provide security screening at all airports in the United States 
        where screening is required under section 44901, in consultation 
        with the Secretary of Transportation and the heads of other 
        appropriate Federal agencies and departments.

    ``(f) Additional Duties and Powers.--In addition to carrying out the 
functions specified in subsections (d) and (e), the Under Secretary 
shall--
            ``(1) receive, assess, and distribute intelligence 
        information related to transportation security;
            ``(2) assess threats to transportation;
            ``(3) develop policies, strategies, and plans for dealing 
        with threats to transportation security;
            ``(4) make other plans related to transportation security, 
        including coordinating countermeasures with appropriate 
        departments, agencies, and instrumentalities of the United 
        States Government;
            ``(5) serve as the primary liaison for transportation 
        security to the intelligence and law enforcement communities;
            ``(6) on a day-to-day basis, manage and provide operational 
        guidance to the field security resources of the Administration, 
        including Federal Security Managers as provided by section 
        44933;
            ``(7) enforce security-related regulations and requirements;
            ``(8) identify and undertake research and development 
        activities necessary to enhance transportation security;
            ``(9) inspect, maintain, and test security facilities, 
        equipment, and systems;
            ``(10) ensure the adequacy of security measures for the 
        transportation of cargo;
            ``(11) oversee the implementation, and ensure the adequacy, 
        of security measures at airports and other transportation 
        facilities;
            ``(12) require background checks for airport security 
        screening personnel, individuals with access to secure areas 
        of airports, and other transportation security personnel;
            ``(13) work in conjunction with the Administrator of the 
        Federal Aviation Administration with respect to any actions or 
        activities that may affect aviation safety or air carrier 
        operations;
            ``(14) work with the International Civil Aviation 
        Organization and appropriate aeronautic authorities of foreign 
        governments under section 44907 to address security concerns on 
        passenger flights by foreign air carriers in foreign air 
        transportation; and
            ``(15) carry out such other duties, and exercise such other 
        powers, relating to transportation security as the Under 
        Secretary considers appropriate, to the extent authorized by 
        law.

    ``(g) National Emergency Responsibilities.--
            ``(1) In general.--Subject to the direction and control of 
        the Secretary, the Under Secretary, during a national emergency, 
        shall have the following responsibilities:

[[Page 115 STAT. 599]]

                    ``(A) To coordinate domestic transportation, 
                including aviation, rail, and other surface 
                transportation, and maritime transportation (including 
                port security).
                    ``(B) To coordinate and oversee the transportation-
                related responsibilities of other departments and 
                agencies of the Federal Government other than the 
                Department of Defense and the military departments.
                    ``(C) To coordinate and provide notice to other 
                departments and agencies of the Federal Government, and 
                appropriate agencies of State and local governments, 
                including departments and agencies for transportation, 
                law enforcement, and border control, about threats to 
                transportation.
                    ``(D) To carry out such other duties, and exercise 
                such other powers, relating to transportation during a 
                national emergency as the Secretary shall prescribe.
            ``(2) Authority of other departments and agencies.--The 
        authority of the Under Secretary under this subsection shall not 
        supersede the authority of any other department or agency of the 
        Federal Government under law with respect to transportation or 
        transportation-related matters, whether or not during a national 
        emergency.
            ``(3) Circumstances.--The Secretary shall prescribe the 
        circumstances constituting a national emergency for purposes of 
        this subsection.

    ``(h) Management of Security Information.--In consultation with the 
Transportation Security Oversight Board, the Under Secretary shall--
            ``(1) enter into memoranda of understanding with Federal 
        agencies or other entities to share or otherwise cross-check as 
        necessary data on individuals identified on Federal agency 
        databases who may pose a risk to transportation or national 
        security;
            ``(2) establish procedures for notifying the Administrator 
        of the Federal Aviation Administration, appropriate State and 
        local law enforcement officials, and airport or airline security 
        officers of the identity of individuals known to pose, or 
        suspected of posing, a risk of air piracy or terrorism or a 
        threat to airline or passenger safety;
            ``(3) in consultation with other appropriate Federal 
        agencies and air carriers, establish policies and procedures 
        requiring air carriers--
                    ``(A) to use information from government agencies to 
                identify individuals on passenger lists who may be a 
                threat to civil aviation or national security; and
                    ``(B) if such an individual is identified, notify 
                appropriate law enforcement agencies, prevent the 
                individual from boarding an aircraft, or take other 
                appropriate action with respect to that individual; and
            ``(4) consider requiring passenger air carriers to share 
        passenger lists with appropriate Federal agencies for the 
        purpose of identifying individuals who may pose a threat to 
        aviation safety or national security.

    ``(i) View of NTSB.--In taking any action under this section that 
could affect safety, the Under Secretary shall give great weight to the 
timely views of the National Transportation Safety Board.
    ``(j) Acquisitions.--
            ``(1) In general.--The Under Secretary is authorized--

[[Page 115 STAT. 600]]

                    ``(A) to acquire (by purchase, lease, condemnation, 
                or otherwise) such real property, or any interest 
                therein, within and outside the continental United 
                States, as the Under Secretary considers necessary;
                    ``(B) to acquire (by purchase, lease, condemnation, 
                or otherwise) and to construct, repair, operate, and 
                maintain such personal property (including office space 
                and patents), or any interest therein, within and 
                outside the continental United States, as the Under 
                Secretary considers necessary;
                    ``(C) to lease to others such real and personal 
                property and to provide by contract or otherwise for 
                necessary facilities for the welfare of its employees 
                and to acquire, maintain, and operate equipment for 
                these facilities;
                    ``(D) to acquire services, including such personal 
                services as the Secretary determines necessary, and to 
                acquire (by purchase, lease, condemnation, or otherwise) 
                and to construct, repair, operate, and maintain research 
                and 
                testing sites and facilities; and
                    ``(E) in cooperation with the Administrator of the 
                Federal Aviation Administration, to utilize the research 
                and development facilities of the Federal Aviation 
                Administration.
            ``(2) Title.--Title to any property or interest therein 
        acquired pursuant to this subsection shall be held by the 
        Government of the United States.

    ``(k) Transfers of Funds.--The Under Secretary is authorized to 
accept transfers of unobligated balances and unexpended balances of 
funds appropriated to other Federal agencies (as such term is defined in 
section 551(1) of title 5) to carry out functions transferred, on or 
after the date of enactment of the Aviation and Transportation Security 
Act, by law to the Under Secretary.
    ``(l) Regulations.--
            ``(1) In general.--The Under Secretary is authorized to 
        issue, rescind, and revise such regulations as are necessary to 
        carry out the functions of the Administration.
            ``(2) Emergency procedures.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law or executive order (including an 
                executive order requiring a cost-benefit analysis), if 
                the Under Secretary determines that a regulation or 
                security directive must be issued immediately in order 
                to protect transportation security, the Under Secretary 
                shall issue the regulation or security directive without 
                providing notice or an opportunity for comment and 
                without prior approval of the Secretary.
                    ``(B) Review by transportation security oversight 
                board.--Any regulation or security directive issued 
                under this paragraph shall be subject to review by the 
                Transportation Security Oversight Board established 
                under section 115. Any regulation or security directive 
                issued under this paragraph shall remain effective 
                unless disapproved by the Board or rescinded by the 
                Under Secretary.
            ``(3) Factors to consider.--In determining whether to issue, 
        rescind, or revise a regulation under this section, the Under 
        Secretary shall consider, as a factor in the final 
        determination, whether the costs of the regulation are excessive 
        in relation to the enhancement of security the regulation will

[[Page 115 STAT. 601]]

        provide. The Under Secretary may waive requirements for an 
        analysis that estimates the number of lives that will be saved 
        by the regulation and the monetary value of such lives if the 
        Under Secretary determines that it is not feasible to make such 
        an estimate.
            ``(4) Airworthiness objections by faa.--
                    ``(A) In general.--The Under Secretary shall not 
                take an aviation security action under this title if the 
                Administrator of the Federal Aviation Administration 
                notifies the Under Secretary that the action could 
                adversely affect the airworthiness of an aircraft.
                    ``(B) Review by secretary.--Notwithstanding 
                subparagraph (A), the Under Secretary may take such an 
                action, after receiving a notification concerning the 
                action from the Administrator under subparagraph (A), if 
                the Secretary of Transportation subsequently approves 
                the action.

    ``(m) Personnel and Services; Cooperation by Under Secretary.--
            ``(1) Authority of under secretary.--In carrying out the 
        functions of the Administration, the Under Secretary shall have 
        the same authority as is provided to the Administrator of the 
        Federal Aviation Administration under subsections (l) and (m) of 
        section 106.
            ``(2) Authority of agency heads.--The head of a Federal 
        agency shall have the same authority to provide services, 
        supplies, equipment, personnel, and facilities to the Under 
        Secretary as the head has to provide services, supplies, 
        equipment, personnel, and facilities to the Administrator of the 
        Federal Aviation Administration under section 106(m).

    ``(n) Personnel Management System.--The personnel management system 
established by the Administrator of the Federal Aviation Administration 
under section 40122 shall apply to employees of the Transportation 
Security Administration, or, subject to the requirements of such 
section, the Under Secretary may make such modifications to the 
personnel management system with respect to such employees as the Under 
Secretary considers appropriate, such as adopting aspects of other 
personnel systems of the Department of Transportation.
    ``(o) Acquisition Management System.--The acquisition management 
system established by the Administrator of the Federal Aviation 
Administration under section 40110 shall apply to acquisitions of 
equipment, supplies, and materials by the Transportation Security 
Administration, or, subject to the requirements of such section, the 

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