[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 274 Engrossed in House (EH)]
In the House of Representatives, U.S.,
November 1, 2001.
Resolved, That at any time after the adoption of this resolution the Speaker
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the
Committee of the Whole House on the state of the Union for consideration of the
bill (H.R. 3150) to improve aviation security, and for other purposes. The first
reading of the bill shall be dispensed with. General debate shall be confined to
the bill and shall not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on Transportation and
Infrastructure. After general debate the bill shall be considered for amendment
under the five-minute rule. The bill shall be considered as read. No amendment
to the bill shall be in order except those printed in the report of the
Committee on Rules accompanying this resolution. Each such amendment may be
offered only in the order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall be debatable for
the time specified in the report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall not be subject to
a demand for division of the question in the House or in the Committee of the
Whole. All points of order against such amendments are waived. At the conclusion
of consideration of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion except one motion to
recommit with or without instructions.
Sec. 2. Notwithstanding any other provision of this resolution, the
amendment specified in section 3 of this resolution shall be in order in lieu of
the amendment printed in House Report 107-264 and numbered 1.
Sec. 3. The amendment referred to in section 2 is as follows:
Page 1, line 6, strike ``Secure Transportation for America Act of
2001'' and insert ``Airport Security Federalization Act of 2001''.
In the table of contents after line 8, strike the item relating to
section 15 and insert the following:
Sec. 15. Technical corrections.
Page 2, before line 9, insert the following:
TITLE I--AVIATION SECURITY
Redesignate sections 2 through 22 of the bill as sections 101
through 121, respectively.
Conform the table of contents of the bill, accordingly.
Page 13, line 17, strike ``(1) in subsection (a) by striking'' and
inserting the following:
(1) in subsection (a)--
(A) by striking ``a cabin of''; and
(B) by striking
Page 14, line 2, strike ``The responsibility'' and insert the
following:
``(1) In general.--The responsibility
Page 14, after line 8, insert the following:
``(2) Additional screening authority.--The Under Secretary
may perform any such additional screening of passengers and
property on passenger aircraft in air transportation that
originates in the United States or intrastate air
transportation that the Under Secretary deems necessary to
enhance aviation security.
Page 14, line 20, strike the closing quotation marks and the final
period and insert the following:
``(g) Deputization of Airport Screening Personnel.--The Under
Secretary shall deputize, for enforcement of such Federal laws as the
Under Secretary determines appropriate, all airport screening personnel
as Federal transportation security agents and shall ensure that such
agents operate under common standards and common uniform, insignia, and
badges. The authority to arrest an individual may be exercised only by
supervisory personnel who are sworn, full-time law enforcement
officers.''.
Page 15, after line 24, insert the following:
``(7) a requirement that any private security firm retained
to provide airport security services be owned and controlled by
a citizen of the United States, to the extent that the
President determines that there are firms owned and controlled
by such citizens;
Page 16, line 1, strike ``(7)'' and insert ``(8)''.
Page 16, line 2, strike ``and''.
Page 16, line 3, strike ``(8)'' and insert ``(9)''.
Page 16, line 7, strike both periods and the closing quotation
marks and insert ``; and'' and the following:
``(10) a preference for the hiring of any individual who is
a former employee of an air carrier and whose employment with
the air carrier was terminated as a result of a reduction in
the workforce of the air carrier.''.
Page 16, lines 11 and 12, strike ``Secure Transportation for
America Act of 2001'' and insert ``Airport Security Federalization Act
of 2001''.
Page 16, line 20, strike ``pursuant'' and insert ``pursuant to''.
Page 19, line 22, strike ``and''.
Page 20, line 2, strike the period and insert ``; and'' and the
following:
(J) the ability to demonstrate daily a fitness for
duty without any impairment due to illegal drugs, sleep
deprivation, medication, or alcohol.
Page 21, line 14, strike ``and''.
Page 21, line 20, strike the period and insert a semicolon and the
following:
``(5) 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; and
``(6) provide, in choosing among applicants for a position
as a Federal air marshal, a preference for the hiring of a
pilot of an air carrier whose employment with the air carrier
was terminated as a result of a reduction in the workforce of
the air carrier if the pilot is otherwise qualified for the
position.
Page 22, line 3, after ``consultation with'' insert ``and
concurrence of''.
Page 22, before line 10, insert the following:
(c) Basic Pay Defined.--Section 8331(3)(E) of title 5, United
States Code, is amended to read as follows:
``(E) availability pay--
``(i) received by a criminal investigator
under section 5545a of this title; or
``(ii) received after September 11, 2001,
by a Federal air marshal of the Department of
Transportation;''.
Page 24, line 1, strike ``Provide'' and insert ``Establish
performance goals for individuals described in paragraph (6),
provide''.
Page 24, lines 2 and 3, strike ``individuals described in paragraph
(6)'' and insert ``such individuals,''.
Page 26, after line 2, insert the following:
``(16) Establish a uniform system of identification for all
State and local law enforcement personnel for use in obtaining
permission to carry weapons in aircraft cabins and in obtaining
access to a secured area of an airport.
``(17) Establish requirements under which air carriers,
under the supervision of the Under Secretary, could implement
trusted passenger programs and use available technologies to
expedite the security screening of passengers who participate
in such programs, thereby allowing security screening personnel
to focus on those passengers who should be subject to more
extensive screening.
``(18) In consultation with the Commissioner of Food and
Drugs, develop security procedures under which a medical
product to be transported on a flight of an air carrier would
not be subject to manual or x-ray inspection if conducting such
an inspection would irreversibly damage the product.
``(19) Develop security procedures to allow passengers
transporting a musical instrument on a flight of an air carrier
to transport the instrument in the passenger cabin of the
aircraft, notwithstanding any size or other restriction on
carry-on baggage but subject to such other reasonable terms and
conditions as may be established by the Under Secretary or the
air carrier, including imposing additional charges by the air
carrier.
``(20) Provide for the use of wireless and wire line data
technologies enabling the private and secure communication of
threats to aid in the screening of passengers and other
individuals on airport property who are identified on any State
or Federal security-related data base for the purpose of having
an integrated response coordination of various authorized
airport security forces.
Page 26, strike line 19 and all that follows through line 7 on page
27 and insert the following:
``(d) Property Security Program.--
``(1) Checked baggage.--
``(A) Final deadline for screening.--A system must
be in operation to screen all checked baggage at all
airports in the United States no later than December
31, 2003.
``(B) Use of explosive detection equipment.--The
Under Secretary shall ensure that explosive detection
equipment installed at airports to screen checked
baggage is used to the maximum extent possible.
``(C) Installation of additional explosive
detection equipment.--The Under Secretary shall install
additional explosive detection equipment at airports as
soon as possible to ensure that all checked baggage is
screened before being placed in an aircraft.
``(D) Interim bag-match programs.--Until the Under
Secretary has installed enough explosive detection
equipment at airports to ensure that all checked
baggage is screened, the Under Secretary shall require
air carriers to implement bag-match programs that
ensure that no checked baggage is placed in an aircraft
unless the passenger who checks the baggage is aboard
the aircraft.
``(2) Cargo deadline.--A system must be in operation to
screen all cargo that is to be transported in passenger
aircraft in air transportation and intrastate air
transportation as soon as possible after the date of enactment
of this paragraph.
Page 29, line 10, strike ``and'' and insert the following:
(2) by adding at the end of paragraph (1) the following:
``(G) Background checks of current employees.--A
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) shall be required for any
individual who currently has unescorted access to an
aircraft of an air carrier or foreign air carrier,
unescorted access to a secured area of an airport in
the United States that serves an air carrier or foreign
air carrier, or is responsible for screening passengers
or property, or both, unless that individual was
subject to such a background check before the
individual began his or her current employment or is
exempted from such a check under section 107.31(m) of
title 14, Code of Federal Regulations.''; and
Page 29, line 11, strike ``(2)'' and insert ``(3)''.
Page 34, strike line 23 and all that follows through line 4 on page
35 and insert the following:
``(c) Airport Security.--
``(1) In general.--There is authorized to be appropriated
to the Secretary for fiscal years 2002 and 2003 a total of
$1,500,000,000 to reimburse airport operators for direct costs
incurred by such operators to comply with new, additional, or
revised security requirements imposed on such operators by the
Federal Aviation Administration or Transportation Security
Administration on or after September 11, 2001. Such sums shall
remain available until expended.
``(2) Conditions.--Before providing financial assistance to
an airport operator with funds appropriated pursuant to
paragraph (1), the Secretary shall require the operator to
provide assurances that the operator will--
``(A) meet with the tenants of the airport (other
than air carriers and foreign air carriers) to discuss
adjustments of the rent of the tenants to account for
losses in revenue incurred by the tenants on and after
September 11, 2001; and
``(B) provide to the Secretary an itemized list of
costs incurred by the operator to comply with the
security requirements described in paragraph (1),
including costs relating to landing fees, automobile
parking revenues, rental cars, restaurants, and gift
shops.''.
Page 36, line 9, strike ``subsection (b)'' and insert ``paragraph
(2)''.
Page 39, lines 16 and 17, strike ``Secure Transportation for
America Act of 2001'' and insert ``Airport Security Federalization Act
of 2001''.
Page 43, line 22, after ``sponsor'' insert ``or at a privately
owned or operated airport passenger terminal financed by indebtedness
incurred by the sponsor''.
Page 44, beginning on line 25, strike ``Secure Transportation for
America Act of 2001'' and insert ``Airport Security Federalization Act
of 2001''.
Page 45, after line 15, insert the following:
(d) Maximum Amount of Compensation Payable Per Air Carrier.--
Section 103 of such Act is amended by adding at the end the following:
``(d) Compensation for Air Carriers Providing Air Ambulance
Services.--
``(1) Set-aside.--The President may set aside a portion of
the amount of compensation payable to air carriers under
section 101(a)(2) to provide compensation to air carriers
providing air ambulance services. The President shall reduce
the $4,500,000,000 specified in subsection (b)(2)(A)(i) by the
amount set aside under this subsection.
``(2) Distribution of amounts.--The President shall
distribute the amount set aside under this subsection
proportionally among air carriers providing air ambulance
services based on an appropriate auditable measure, as
determined by the President.''.
At the end of the bill, add the following (and conform the table of
contents of the bill accordingly):
SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS OF OTHER CARRIERS.
(a) In General.--Subchapter I of chapter 417 is amended by adding
at the end the following:
``Sec. 41722. Requirement to honor passenger tickets of other carriers
``Each air carrier that provides scheduled air transportation on a
route shall provide, to the extent practicable, air transportation to
passengers ticketed for air transportation on that route by any other
air carrier that suspends, interrupts, or discontinues air passenger
service on the route by reason of an act of war or terrorism or
insolvency or bankruptcy of the carrier.''.
(b) Conforming Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``41722. Requirement to honor passenger tickets of other carriers.''.
SEC. 123. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.
(a) Flight Service Station Employees.--It is the sense of Congress
that the Administrator of the Federal Aviation Administration should
continue negotiating in good faith with flight service station
employees of the Administration with a goal of reaching agreement on a
contract as soon as possible.
(b) War Risk Insurance.--It is the sense of Congress that the
Secretary of Transportation should implement section 202 of the Air
Transportation Safety and System Stabilization Act (Public Law 107-42)
so as to make war risk insurance available to vendors, agents, and
subcontractors of general aviation aircraft.
(c) Transport of Animals.--It is the sense of Congress that an air
carrier that transports mail under a contract with the United States
Postal Service should transport any animal that the Postal Service
allows to be shipped through the mail.
(d) Screening.--It is the sense of Congress that the Under
Secretary of Transportation for Security should require, as soon as
practicable, that all property carried in a passenger aircraft in air
transportation or intrastate air transportation (including checked
baggage) be screened by any currently available means, including X-ray
machine, hand-held metal detector, explosive detection system
equipment, or manual search.
(e) Contracts for Airport Security Services.--It is the sense of
Congress that, in awarding a contract for airport security services,
the Under Secretary of Transportation for Security should, to the
maximum extent practicable, award the contract to a firm that is owned
and controlled by a citizen of the United States.
TITLE II--VICTIMS COMPENSATION
SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF CRASHES OF
SEPTEMBER 11, 2001.
Section 408 of the Air Transportation Safety and System
Stabilization Act (Public Law 107-42; 115 Stat. 240; 49 U.S.C. 40101
note) is amended--
(1) by amending the section heading to read as follows:
``SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF CRASHES
OF SEPTEMBER 11, 2001.'';
(2) by amending subsection (a) to read as follows:
``(a) General Limitation of Liability.--Except as provided in this
section, no Federal court or agency or State court or agency shall
enforce any Federal or State law holding any person, or any State or
political subdivision thereof, liable for any damages arising out of
the hijacking and subsequent crashes of American Airlines flights 11 or
77, or United Airlines flights 93 or 175, on September 11, 2001.'';
(3) in subsection (b), by adding at the end the following
new paragraphs:
``(4) Damages.--If any party to any action brought under
this subsection is determined to be liable--
``(A) no damages in the aggregate ordered by the
court to be paid by such party shall exceed the amount
of insurance, minus any payments made pursuant to a
court approved settlement, which such party is
determined to have obtained prior to September 11,
2001, and which is determined to cover such party's
liability for any damages arising out of the hijacking
and subsequent crashes of American Airlines flights 11
or 77, or United Airlines flights 93 or 175, on
September 11, 2001;
``(B) such party shall not be liable for interest
prior to the judgment or for punitive damages intended
to punish or deter; and
``(C) the court shall reduce the amount of damages
awarded to a plaintiff by the amount of collateral
source compensation that the plaintiff has received or
is entitled to receive as a result of the terrorist-
related aircraft crashes of September 11, 2001.
``(5) Attorneys' fees.--Reasonable attorneys' fees for work
performed in any action brought under this subsection shall be
subject to the discretion of the court, but in no event shall
any attorney charge, demand, receive, or collect for services
rendered, fees in excess of 20 percent of the damages ordered
by the court to be paid pursuant to this subsection, or in
excess of 20 percent of any court approved settlement made of
any claim cognizable under this subsection. Any attorney who
charges, demands, receives, or collects for services rendered
in connection with such claim any amount in excess of that
allowed under this subsection, if recovery be had, shall be
fined not more than $2,000 or imprisoned not more than one
year, or both.'';
(4) by amending subsection (c) to read as follows:
``(c) Exclusion.--Nothing in this section shall in any way limit
any liability of any person who--
``(1) hijacks any aircraft or commits any terrorist act; or
``(2) knowingly participates in a conspiracy to hijack any
aircraft or commit any terrorist act.''; and
(5) by adding at the end the following new subsections:
``(d) Disclaimer.--Nothing herein implies that any person is liable
for damages arising out of the hijacking and subsequent crashes of
American Airlines flights 11 or 77, or United Airlines flights 93 or
175, on September 11, 2001.
``(e) State Defined.--In this section, the term `State' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, and any other territory of possession of
the United States or any political subdivision of any of the
foregoing.''.
Attest:
Clerk.