Aviation and Transportation Security Act

Aviation and Transportation Security Act - Title I: Aviation Security - Amends Federal transportation law to establish in the Department of Transportation (DOT) the Transportation Security Administration, to be headed by an Under Secretary of Transportation for Security responsible for security in all modes of transportation, including: (1) civil aviation security, and related research and development activities; (2) security responsibilities over other modes of transportation that are exercised by DOT; (3) day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation; (4) policies, strategies, and plans for dealing with threats to transportation; (5) domestic transportation during a national emergency (subject to the Secretary of Transportation's control and direction), including aviation, rail, and other surface transportation, and maritime transportation, and port security; and (6) management of security information, including notifying airport or airline security officers of the identity of individuals known to pose a risk of air piracy or terrorism or a threat to airline or passenger safety. (Sec. 102) Establishes within DOT the Transportation Security Oversight Board to: (1) review and approve regulations issued by the Under Secretary with respect to transportation security matters; and (2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation. (Sec. 103) Establishes at each U.S. airport the position of Federal Security Manager who shall oversee the screening of passengers and property at the airport. (Sec. 104) Directs the Administrator of the Federal Aviation Administration (FAA) to: (1) issue an order that prohibits access to the flight deck (cockpit) of aircraft engaged in passenger air transportation or intrastate air transportation except to authorized personnel, requires the strengthening of the cockpit door and locks on such aircraft so that it has a rigid door in a bulkhead between the cockpit and the passenger area, and requires that such cockpit doors remain locked while the aircraft is in flight, and (2) take such other action, including modification of safety and security procedures and cockpit redesign, as may be necessary to ensure the safety and security of the aircraft. (Sec. 105) Declares that the Under Secretary: (1) may place Federal air marshals on every passenger flight in air transportation or intrastate air transportation; (2) shall place them on every such flight (especially long-distance flights) determined to present high security risks; (3) shall provide appropriate training, supervision, and equipment of such marshals; (4) may use appropriately-trained Federal, State, and local armed law enforcement personnel when traveling on a flight to assist Federal marshals; (5) may appoint retired law enforcement officers and members of the Armed Forces and persons who have been furloughed from an air carrier crew position in the one-year period beginning on September 11, 2001, as Federal air marshals, regardless of age, provided they meet appropriate background and fitness qualifications; and (6) may use, in the interim, Federal personnel to provide air marshal service. (Sec. 106) Authorizes the Under Secretary, through a memorandum of understanding or other agreement with the Attorney General or head of a Federal law enforcement agency, to order the deployment of Federal law enforcement personnel at secure areas of an airport to counter the risk of criminal violence or aircraft piracy, the risk to air carrier aircraft operations at such airport, or to meet national security concerns. Requires the Under Secretary to: (1) require screening or inspection of all individuals, goods, property, vehicles, and other equipment before entry into a secured area of an airport; (2) 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; (3) establish procedures to ensure the safety and integrity of all persons providing services with respect to aircraft providing passenger air transportation or intrastate air transportation, supplies placed aboard such aircraft, and persons providing such supplies and their facilities; and (4) require vendors having direct access to the airfield and aircraft to develop security programs. Authorizes the Under Secretary to provide for the use of biometric or other technology that verifies the identity of each employee and law enforcement officer who enters a secure area of an airport. Directs the Under Secretary to: (1) develop a plan to provide technical support to small and medium airports to enhance security operations; and (2) provide financial assistance to such airports to defray the costs of enhancing security. Revises requirements for improvement of secured-area access control at airports to require the Under Secretary, among other things, to: (1) assess and test, on an ongoing basis, for compliance with access control requirements, assess the effectiveness of penalties in ensuring compliance with security procedures, and take any other appropriate enforcement actions when noncompliance is found; (2) 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 (3) consider the deployment of biometric or similar technologies that identify individuals employed at such airports. Directs the Administrator of the FAA to establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology (including biometric technology) for providing access control and other security protections for closed or secure areas of airports. Directs the Under Secretary to require air carriers and airports to develop security awareness programs for airport employees, ground crews, gate, ticket, and curbside agents of air carriers, and other individuals employed at such airports. (Sec. 107) Directs the Administrator of the FAA to develop detailed guidance for a scheduled passenger air carrier flight and cabin crew training program to prepare crew members for potential threat conditions. (Sec. 108) Directs the Under Secretary to establish a pilot program under which the screening of passengers and property at airports will be carried out by the screening personnel of a qualified private screening company under a contract entered into with the Under Secretary. Requires the Under Secretary to provide Federal supervisors to oversee all screening and provide Federal law enforcement officers at each airport participating in the pilot program. (Sec. 109) Authorizes the Under Secretary to take certain enhanced security measures, including: (1) requiring 911 emergency call capability for telephones serving passenger aircraft and passenger trains; (2) establishing a uniform system of identification for State and local law enforcement personnel for use in obtaining permission to carry weapons in aircraft cabins and in obtaining access to secured areas of an airport, if otherwise authorized to carry such weapons; and (3) providing for use of voice stress analysis, biometric, or other technologies to prevent a person who might pose a danger to air safety or security from boarding the aircraft. Requires the Under Secretary to make annual progress reports to Congress. (Sec. 110) Directs the Assistant Administrator for Civil Aviation Security to review and develop ways to strengthen air transportation security, including ways to: (1) strengthen and enhance the ability to detect or neutralize nonexplosive weapons, such as biological, chemical, or similar substances; and (2) evaluate such additional measures as may be appropriate to enhance inspection of passengers, baggage, and cargo. Transfers from the Administrator of the FAA to the Under Secretary the mandate to provide for the screening of all passengers and property, including U.S. mail, cargo, carry-on and checked baggage, and other articles, carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. Requires screening to be carried out by a Federal employee (with specified exceptions) on all flights originating in the United States, such screening to be supervised by uniformed Federal personnel of the Transportation Security Administration(TSA) with the power to order the dismissal of any screener. Requires a system be placed in operation to screen all checked baggage at all U.S. airports and screen, inspect, or otherwise ensure the security of all cargo that is transported in all-cargo aircraft in air transportation and intrastate air transportation. Directs the Under Secretary to require alternative means for screening checked baggage that is not screened by an explosive detection system. Directs the Under Secretary to order the deployment of law enforcement personnel authorized to carry firearms at each airport security screening location to ensure passenger safety and national security. Sets forth certain minimum requirements. Requires the Under Secretary within one year after enactment of this Act to deploy a sufficient number of Federal screeners, Federal Security Managers, Federal security personnel, and Federal law enforcement officers at all screening locations at U.S. airports. (Sec. 111) Revises training and employment of security screening personnel standards to shift from the Administrator of the FAA to the Under Secretary the mandate to establish a program for the hiring and training of airport security screening personnel. Sets forth screening personnel requirements with regard to hiring, background checks, testing, and training. (Sec. 112) Directs the Under Secretary periodically to review threats to civil aviation, with particular focus, among other things, on: (1) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport; and (2) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including the destruction, commandeering, or diversion of civil aircraft or the use of such aircraft as a weapon, and the disruption of civil aviation service (including by cyber attack). Requires the Administrator, in carrying out a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation, to designate an individual responsible for engineering, research, and development with respect to security technology under such program. Requires such individual to report annually to the Research, Engineering, and Development Advisory Committee on activities under the program during the preceding year. Directs the Administrator of the FAA to establish a scientific advisory panel (as a subcommittee of the Research, Engineering, and Development Advisory Committee) to review, advise, and comment on such program, 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. (Sec. 113) Authorizes a person to provide training in the operation of an aircraft having a maximum certificated takeoff weight of 12,500 pounds or more to an alien or to any other individual specified by the Under Secretary only if: (1) such person has first notified the Attorney General that the individual has requested such training and furnished the Attorney General with that individual's identification; and (2) the Attorney General has not directed, within a specified time, that person not to provide such training because the Attorney General has determined that the individual presents a risk to aviation or national security. Directs the Secretary of Transportation to work with the International Civil Aviation Organization and the civil aviation authorities of other countries to improve international aviation security through screening programs for flight instruction candidates. (Sec. 114) Sets forth both civil and criminal penalties for persons who interfere with airport security screening personnel. (Sec. 115) Requires air carriers and foreign air carriers operating a passenger flight in foreign air transportation to the United States to provide to the Commissioner of Customs passenger and crew manifests containing specified information. (Sec. 116) Authorizes air carriers with flights which both originate and terminate at points within the same State, upon a declaration by the Governor that it is necessary to ensure the continuing availability of air transportation within the State, to file with the Secretary an agreement, request, modification, or cancellation of a cooperative arrangement (except arrangements related to interstate air transportation) between an air carrier or foreign air carrier and another air carrier, foreign air carrier, or another carrier. Authorizes the Secretary to approve such an agreement, request, modification, or cancellation if the State has extraordinary air transportation needs and concerns, and approval is in the public interest. (Sec. 117) Directs the Secretary to require all air carriers to utilize to the maximum extent practicable the best technology available to secure their computer reservation system against unauthorized access by persons seeking information on reservations, passenger manifests, or other non-public information. (Sec. 118) Directs the Under Secretary to impose a uniform fee (up to $2.50 per enplanement, with a total amount of such fees per one-way trip of $5.00) on passengers of air carriers and foreign air carriers in air transportation and interstate air transportation originating at U.S. airports to pay the costs of providing civil aviation security services. Sets forth certain fee requirements. Authorizes appropriations for FY 2002 through 2005 for aviation security activities. Authorizes appropriations for FY 2002 to the Secretary 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 of an emergency; and (4) provide for the use of other innovative technologies to enhance aircraft security. (Sec. 119) Makes eligible for airport development project funds in FY 2002: (1) any additional security-related activity required by law or the Secretary after September 11, 2001, and before October 1, 2002 undertaken by the sponsor, owner, or operator of a public-use airport; (2) any activity, including operational activities, of a non-primary airport if it is located within the confines of enhanced class B airspace, as defined by Notice to Airmen FDC 1/0618 issued by the FAA and such activity was carried out when any restriction in the Notice is in effect; (3) payment for debt service on indebtedness incurred to carry out a project at an airport owned or controlled by the sponsor or at a privately owned or operated airport passenger terminal financed by indebtedness incurred by the sponsor if such payments are necessary to prevent a default on such indebtedness; and (4) the acquisition for, or installation at, a public-use airport replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, that the Secretary determines are necessary to install bulk explosive detection devices. Declares that the Federal share of costs for such projects shall be 100 percent. (Sec. 120) Authorizes the Secretary to require airports to maximize the use of technology and equipment designed to detect or neutralize potential chemical or biological weapons. (Sec. 121) Authorizes the Secretary for FY 2002 and 2003 to reimburse airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers for direct costs incurred by them to comply with new, additional, or revised security requirements imposed by the FAA or TSA on or after September 11, 2001. (Sec. 122) Expresses the sense of Congress that: (1) an airport receiving Federal financial assistance should meet with airport tenants (other than air carriers and foreign air carriers) to discuss adjustments to their rents to account for losses in revenue incurred by them on and after September 11, 2001; (2) an air carrier that received such assistance under the Air Transportation Safety and System Stabilization Act or other specified Act since September 11, 2001, should meet with airport operators to discuss payment of applicable rates, charges, and fees; and (3) the FAA should maintain its current restriction on carry-on baggage of one bag and one personal item. (Sec. 123) Declares that any passenger facility fee approved, or grant made, in FY 2002 that is used to improve security at an airport shall be exempt from the requirement to submit a competition plan to the Secretary. (Sec. 124) Amends the Air Transportation Safety and System Stabilization Act to authorize the President to set aside a portion of the amount of compensation payable to air carriers for losses incurred as a result of the terrorist attacks on the United States on September 11, 2001, to provide compensation to classes of air carriers, such as air tour operators and air ambulances (including hospitals operating air ambulances) for which the application of a distribution formula containing available seat miles as a factor would inadequately reflect their share of direct and incremental losses. (Sec. 125) Amends Federal transportation law to declare that any air carrier or foreign air carrier (or employee) that reports to the proper authorities on suspicious activities relating to possible violations of law, air piracy, threat to aircraft or passenger safety, or terrorism, shall not be held civilly liable to any person under any U.S. law for such disclosure. (Sec. 126) Directs the National Institute of Justice to assess, and report to the Secretary on, the range of less-than-lethal weaponry available for use by a flight deck crew member to incapacitate temporarily an individual who presents a clear and present danger to the safety of an aircraft, its passengers, or individuals on the ground. Declares that the Secretary may authorize members of the flight deck crew of an aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon if it is necessary and would effectively serve the public interest in avoiding air piracy. (Sec. 127) Authorizes the Secretary, during a national emergency affecting air transportation or intrastate air transportation, to grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft imposed by the DOT, or other Federal agency, if the Secretary determines that it is in the public interest. (Sec. 128) Authorizes the pilot of a passenger aircraft operated in air transportation or intrastate air transportation to carry a firearm into the cockpit if specified requirements are met. (Sec. 129) Directs the Administrator of the FAA to modify the system for issuing airman certificates to make it more effective in serving the needs of airmen and officials responsible for enforcing laws, among other things, related to combating acts of terrorism. Authorizes and directs the Administrator to work with State and local authorities, and other Federal agencies, to assist in the identification of individuals applying for or holding airmen certificates. (Sec. 130) Authorizes the Under Secretary to: (1) establish acceptable levels of performance for aviation security, including screening operations and access control; and (2) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved. Directs the Secretary and the Under Secretary to agree annually, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), on a performance plan for the succeeding five years that establishes measurable goals and objectives for aviation security. Directs the Under Secretary to establish a performance management system which strengthens DOT's effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan. (Sec. 131) Directs the Under Secretary to 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. Declares that an individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or omission in providing or attempting to provide assistance in the case of an inflight emergency in an aircraft, if the individual meets such qualifications as the Under Secretary shall prescribe. (Sec. 132) Directs the Under Secretary to implement an aviation security program for charter air carriers with a maximum certificated takeoff weight of 12,500 pounds or more. Requires the Under Secretary to report to specified congressional committees on airspace and other security measures that can be deployed, as necessary, to improve general aviation security. (Sec. 134) Expresses the sense of Congress that: (1) the Administrator of the FAA should continue negotiating in good faith with flight service station employees of the FAA with a goal of reaching agreement on a contract as soon as possible; and (2) the Secretary should implement section 202 of the Air Transportation Safety and System Stabilization Act so as to make war risk insurance directly available to vendors, agents, and subcontractors of air carriers for all of their domestic operations. (Sec. 135) Expresses the sense of the House of Representatives: (1) that the Under Secretary should develop security procedures to allow passengers transporting a musical instrument on a flight of an air carrier to transport it in the passenger cabin of the aircraft, notwithstanding any size or other restrictions on carrying baggage but subject to reasonable security procedures, terms, and conditions, including additional charges; and (2) that an air carrier that transports mail under a contract with the U.S. Postal Service should transport any animal that the Postal Service allows to be shipped through the mail. (Sec. 136) Directs the Under Secretary to recommend to airport operators commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons. Directs the Secretary to ensure that the Computer-Assisted Passenger Prescreening System (CAPPS), or successor system is used to evaluate all passengers before they board an aircraft and includes procedures to ensure that individuals selected by the system and their carry-on and checked baggage are adequately screened. (Sec. 137) Authorizes additional appropriations to the TSA for each of FY 2002 through 2006, and necessary sums for each subsequent fiscal year, for research, development, testing, and evaluation of certain technologies which may enhance aviation security in the future. Makes grants available to industry, academia, and Government entities for FY 2002 and 2003 for the acceleration of research, development, testing, and evaluation of technology for checked and carry-on baggage and persons to detect weapons, explosives, and components of weapons of mass destruction. Authorizes appropriations to the TSA to issue grants in conjunction with the Defense Advanced Research Projects Agency for: (1) research and development of longer-term improvements to airport security, including advanced weapons detection; (2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate parties; (3) advances in biometrics for identification and threat assessment; or (4) other technologies for preventing acts of terrorism in aviation. (Sec. 138) Directs the Under Secretary, as part of the employment investigation of an individual applying for or employed in certain airport or airline jobs, including baggage, cargo, and passenger screeners, to require, in addition to a criminal history record check, a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable. Requires a new background check (including a criminal history record check and a review of such data bases and records, to the extent practicable for any such individuals (current employees). (Sec. 139) Transfers to the Under Secretary the authority of the Administrator of the FAA with respect to the testing of airport security screening personnel. Requires the testing of such personnel by their employers instead of by air carriers and foreign air carriers. (Sec. 142) Requires the President's budget submission for FY 2003 and each fiscal year thereafter to reflect the establishment of the TSA. (Sec. 144) Declares that an individual shall not be liable for damages in any action brought in a Federal or State court arising out of any attempt to thwart an act of criminal violence or piracy on an aircraft if that individual reasonably believed that such act was occurring or was about to occur. (Sec. 145) Requires: (1) each air carrier that provides scheduled air transportation on a route, to the extent practicable, to provide air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspends, interrupts, or discontinues air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier; and (2) passengers to make such alternative arrangements within 60 days after the date of suspension, interruption, or discontinuance. (Sec. 146) Sets forth certain requirements with respect to aircraft operations in enhanced class b airspace. (Sec. 147) Authorizes the Secretary for a period of not more than one year to provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft (aviation war risk insurance). Title II: Liability Limitation - Amends the Air Transportation Safety and System Stabilization Act with respect to the requirement that a claimant waive the right to file a civil action in Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, upon the submission of a claim for such damages under such Act. States that such waiver requirement shall not apply to a civil action against any person who is a knowing participant in any conspiracy to hijack an aircraft or commit a terrorist act. (Sec. 201) Provides that liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity, arising from the terrorist-related aircraft crashes of September 11, 2001, against an air carrier, aircraft manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11, 2001, or their directors, officers, employees, or agents, shall not be in an amount greater than the limits of liability insurance coverage maintained by that air carrier, aircraft manufacturer, airport sponsor, or person. Limits the liability for all claims against the City of New York as a result of such attacks to no more than the city's insurance coverage or $350 million.

Aviation Security Act - Title I: Aviation Security - Amends Federal transportation law to establish within the Department of Transportation (DOT) a Deputy Secretary for Transportation Security who shall be responsible for: (1) security for all modes of transportation, including aviation-related security; and (2) domestic transportation during a national emergency, including aviation, rail, and other surface transportation, and maritime transportation (including port security). (Sec. 102) Makes the Attorney General responsible for Federal security screening operations for passenger air transportation and property or intrastate air transportation. Requires the Deputy Secretary for Transportation Security to review and, as necessary, develop ways to strengthen air transportation security, including to: (1) enhance the ability to detect nonexplosive weapons, such as biological, chemical, or similar substances; and (2) evaluate additional appropriate measures to enhance physical inspection of passengers, luggage, and cargo. (Sec. 103) Establishes an Aviation Security Coordination Council, which shall, among other things, work with the intelligence community to coordinate intelligence, security, and criminal enforcement activities affecting the safety and security of aviation at all U.S. airports and air navigation facilities involved in air transportation or intrastate air transportation. Directs the Secretary of Transportation (Secretary) to explore the possibility of developing a common database of individuals who may pose a threat to aviation or national security and to implement with other Federal agencies a system for cross-checking data on such individuals identified on Federal agency databases. (Sec. 104) Directs the Administrator of the Federal Aviation Administration (FAA) to: (1) issue an order that prohibits access to the flight deck (cockpit) of aircraft engaged in passenger air transportation or intrastate air transportation except to authorized personnel, requires the strengthening of cockpit doors and locks on such aircraft so that it has a rigid door in a bulkhead between the cockpit and the passenger area, and requires that such cockpit doors remain locked while the aircraft is in flight; and (2) take such other action, including modification of safety and security procedures, as may be necessary to ensure the safety and security of the aircraft. (Sec. 105) Directs the Secretary to administer the Federal Air Marshal program under guidelines prescribed by the Attorney General for the training and deployment of air marshals authorized to carry firearms and make arrests. Declares that the Secretary: (1) may place Federal air marshals on every scheduled passenger flight in air transportation and intrastate air transportation; (2) shall place them on every such flight determined to present high security risks; (3) shall provide appropriate background and fitness checks for candidates for Federal air marshal appointment, including the provision of appropriate training, supervision, and equipment of such marshals; and (4) may use Federal personnel to provide air marshal service on domestic and international flights. Directs the Attorney General and the Secretary to report to specified congressional committees assessing the Federal Air Marshal program, and the effectiveness of the security screening process for carry-on baggage and checked baggage and safety and security-related training provided to flight and cabin crews. Authorizes the appointment as Federal air marshals (regardless of age) of retired law enforcement officers and retired members of the armed forces, or individuals discharged or furloughed from commercial airline cockpit crew positions, provided they meet certain qualifications. (Sec. 106) Authorizes the Secretary, through a memorandum of understanding or other agreement with the Attorney General or head of a Federal law enforcement agency, to order the deployment of Federal law enforcement personnel at secure areas of an airport to counter the risk of criminal violence, the risk of aircraft piracy and to air carrier aircraft operations at such airport, or to meet national security concerns. Directs the Administrator of the FAA to develop a plan to provide technical support to small and medium airports to enhance security operations, including screening operations, and to provide financial assistance to such airports to defray the costs of enhancing security. Directs the Secretary to require airports to maximize the use of technology and equipment designed to detect potential chemical or biological weapons. Revises requirements regarding improvement of secured-area access control at airports to require the Administrator of the FAA, among other things, to: (1) assess and test, on an ongoing basis, for compliance with access control requirements, report annually findings of such assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found; and (2) 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. Directs the Administrator of the FAA to establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology (including biometric technology) for providing access control and other security protections for closed or secure areas of airports. Directs the Secretary to require air carriers and airports to develop security awareness programs for airport employees, ground crews, and other individuals employed at such airports. (Sec. 107) Directs the Secretary to develop a mandatory air carrier program of training for flight and cabin crews of aircraft providing air transportation or intrastate air transportation in dealing with attempts to commit aircraft piracy (hijacking). (Sec. 108) Directs the Attorney General (currently, the Administrator of the FAA) to provide for the screening of all air passengers and property, including U.S. mail, cargo, carry-on and checked baggage, and other articles, carried aboard an aircraft in air transportation or intrastate air transportation. Directs the Attorney General to order the deployment of law enforcement personnel authorized to carry firearms at each airport security screening location to ensure passenger safety and national security. Sets forth certain minimum requirements. Authorizes the Attorney General to require nonhub airports or smaller airports with passenger operations to enter into agreements under which screening of passengers and property will be carried out by qualified, trained State or local law enforcement personnel, provided certain requirements are met. Directs the Attorney General to require a manual process, at explosive detection system screening locations in airports where explosive detection equipment is underutilized, which will augment the Computer Assisted Passenger Prescreening System by randomly selecting additional checked bags for screening so that a minimum number of bags are examined. Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to authorize the Attorney General to establish a program to deputize State and local law enforcement officers for the purpose of screening passengers and property at nonhub airports or smaller airports. Authorizes the U.S. Government to provide training to such officers. (Sec. 109) Amends Federal aviation law to revise training and employment of security screening personnel standards to shift from the Administrator of the FAA to the Attorney General the mandate to establish a program for the hiring and training of airport security screening personnel. Sets forth screening personnel requirements with regard to hiring, background checks, testing, and training. (Sec. 110) Directs the Administrator of the FAA periodically to review threats to civil aviation, with particular focus, among other things, on: (1) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport; and (2) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including the destruction, commandeering, or diversion of civil aircraft or the use of such aircraft as a weapon, and the disruption of civil aviation service (including by cyber attack). Requires the Administrator in carrying out a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation to designate an individual to be responsible for engineering, research, and development with respect to security technology under such program. Requires such individual to report annually to the Research, Engineering, and Development Advisory Committee on activities under the program during the preceding year. Directs the Administrator to establish a scientific advisory panel (as a subcommittee of the Research, Engineering, and Development Advisory Committee) to review, advise, and comment on such program, 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. Requires the Administrator to conduct all research related to screening technology and procedures in conjunction with the Attorney General. (Sec. 111) Prohibits a person from providing training in the operation of any jet-propelled aircraft to any alien (or other specified individual) within the United States unless the Attorney General issues to such person a certification of the completion of a background investigation of such alien or other individual. Sets forth specified sanctions against persons who violate the requirements of this prohibition. (Sec. 112) Directs the Attorney General and the Secretary to report to specified congressional committees on their joint recommendations on additional measures for the Federal Government to address transportation security functions. (Sec. 113) Directs the Secretary to report to specified congressional committees on how to improve security with respect to general aviation and air charter operations in the United States. (Sec. 114) Sets forth both civil and criminal penalties for persons who interfere with airport security screening personnel. (Sec. 115) Directs the Administrator of the FAA to report to specified congressional committees on certain aviation security-related issues. (Sec. 116) Authorizes air carriers providing air transportation on flights which both originate and terminate at points within the same State to file with the Secretary, upon a declaration by the Governor that it is necessary to ensure the continuing availability of air transportation within the State, an agreement, request, modification, or cancellation of a cooperative arrangement (except arrangements related to interstate air transportation) between an air carrier or foreign air carrier and another air carrier, foreign air carrier, or another carrier. Authorizes the Secretary to approve such an agreement, request, modification, or cancellation if it is determined that: (1) the State has extraordinary air transportation needs and concerns; and (2) approval is in the public interest. (Sec. 117) Directs the Secretary to require all air carriers to utilize to the maximum extent practicable the best technology available to secure their computer reservation system against unauthorized access by persons seeking information on reservations, passenger manifests, or other non-public information. Directs the Secretary to report to specified congressional committees on compliance by U.S. carriers with the requirements of this section. (Sec. 118) Directs the Secretary to collect a user fee from air carriers to offset annual appropriations for the costs of providing aviation security services. Authorizes appropriations for FY 2002 through 2004 for aviation security activities. (Sec. 119) Authorizes the Administrator of the FAA to permit an airport operator to use airport improvement program funds to defray additional direct security-related expenses imposed by law after September 11, 2001. Makes eligible for airport development project funds (after September 11, 2001, and before October 1, 2002, for FY 2002) additional operational requirements, improvement of facilities, purchase and deployment of equipment, hiring, training, and providing appropriate personnel, or an airport or any aviation operator at an airport, that the Secretary determines will enhance and ensure the security of passengers and other persons involved in air travel. Declares that the Federal share of costs for such projects shall be 100 percent. (Sec. 120) Authorizes the Secretary to reimburse an airport operator for the direct costs incurred by the airport operator in complying with new, additional, or revised security requirements imposed on such operator by the FAA on or after September 11, 2001. (Sec. 121) Declares that any air carrier or foreign air carrier (or employee) that reports to the proper authorities on suspicious activities relating to possible violations of law, air piracy, threat to aircraft or passenger safety, or terrorism, shall not be held civilly liable to any person under any U.S. law for such disclosure. Directs the Attorney General to establish, and report to specified congressional committees on, procedures for notifying the Administrator of the FAA, and airport or airline security officers, of the identity of persons known or suspected by the Attorney General to pose a risk of air piracy or terrorism or a threat to airline or passenger safety. (Sec. 122) Directs the National Institute of Justice to assess, and report to the Secretary on, the range of less-than-lethal weaponry available for use by a flight deck crew member temporarily to incapacitate an individual who presents a clear and present danger to the safety of an aircraft, its passengers, or individuals on the ground. Declares that the Secretary may authorize members of the flight deck crew of an aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon if it is necessary and would effectively serve the public interest in avoiding air piracy. (Sec. 123) Authorizes the Secretary, during a national emergency affecting air transportation or intrastate air transportation, to grant a complete or partial waiver of any restrictions on the carriage by aircraft of freight, mail, emergency medical supplies, personnel, or patients on aircraft imposed by the DOT, or other Federal agency, if the Secretary determines that it is in the public interest. (Sec. 124) Directs the Secretary to establish procedures to ensure the safety and integrity of all supplies, including catering and passenger amenities, placed aboard aircraft providing passenger air transportation or intrastate air transportation. (Sec. 125) Flight Deck Security Act of 2001 - Authorizes the FAA to permit a pilot, co-pilot, or flight engineer of a commercial aircraft who has successfully completed specified training requirements, or who is not otherwise prohibited by law from possessing a firearm, to carry a firearm for the protection of the aircraft. Directs the FAA to establish a voluntary program to train and supervise commercial airline pilots. Directs the Secretary to periodically report to Congress on the effectiveness of such requirements in facilitating commercial aviation safety and the suppression of terrorism by commercial aircraft. (Sec. 126) Directs the Administrator of the FAA to make modifications in the system for issuing airman certificates to make it more effective in serving the needs of airmen and officials responsible for enforcing laws, among other things, related to combating acts of terrorism. Authorizes and directs the Administrator to work with State and local authorities, and other Federal agencies, to assist in the identification of individuals applying for or holding airmen certificates. (Sec. 127) Directs the Deputy Secretary for Transportation Security to: (1) establish acceptable levels of performance for aviation security, including screening operations and access control; and (2) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved. Directs the Secretary and the Deputy Secretary for Transportation Security to agree annually, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), on a performance plan for the succeeding five years that establishes measurable goals and objectives for aviation security. Directs the Deputy Secretary for Transportation Security to report annually to Congress on the extent that such goals and objectives are met. Directs the Deputy Secretary for Transportation Security to establish a performance management system which strengthens DOT's effectiveness by providing for the establishment of goals and objectives for managers, employees, and organizational performance consistent with the performance plan. (Sec. 128) Directs the Secretary to establish and maintain an employment register. Authorizes the Secretary to use, where feasible, the existing FAA's training facilities, to design, develop, or conduct training of security screening personnel. (Sec. 129) Directs the President to report to specified congressional committees on national air space restrictions, if any, that have been put in place as a result of the September 11, 2001, terrorist attacks. (Sec. 130) Directs the Secretary to 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. Sets forth program requirements. Declares that an individual shall not be liable for damages in any action brought in a Federal or State court that arises from an act or omission in providing or attempting to provide assistance in the case of an inflight emergency in an aircraft, if the individual meets such qualifications as the Secretary shall prescribe. (Sec. 131) Directs the Administrator of the FAA to implement a program to provide security screening for all aircraft operations conducted with respect to any aircraft having a maximum certified takeoff weight of more than 12,500 pounds (including aircraft less than 12,500 pounds) that is not operating as of the date of the implementation of the program under security procedures prescribed by the Administrator. Authorizes a waiver to the applicability of such program to aircraft if it is determined that such aircraft can be operated safely without such program. Prohibits a person or entity from selling, leasing, or chartering an aircraft to an alien, or any other individual specified by the Secretary, within the United States unless the Attorney General issues a certification of the completion of a background investigation of the alien (or other individual) that meets specified requirements. (Sec. 132) Directs the Assistant Administrator for Civil Aviation Security to review and make a determination on the feasibility of implementing certain technologies that are: (1) designed to protect passengers, aviation employees, air cargo, airport facilities, and airplanes; and (2) material specific and able to automatically and non-intrusively detect, without human interpretation and without regard to shape or method of concealment, explosives, illegal narcotics, hazardous chemical agents, and nuclear devices. (Sec. 133) Directs the Attorney General to report to specified congressional committees on the new responsibilities of the Department of Justice for aviation security under this Act. Title II: Deployment and Use of Security Technologies - Subtitle A: Expanded Deployment and Utilization of Current Security Technologies and Procedures - Directs the Administrator of the FAA to require employment investigations (including criminal history record checks) for all existing employees who have unescorted access, or who may permit other individuals to have unescorted access, to an aircraft of an air carrier or foreign air carrier, or a secured area of a U.S. airport, to be completed within nine months unless such individuals have had such investigations and checks within five years of enactment of this Act. (Sec. 201) Directs the Administrator to deploy and oversee the usage of existing bulk explosives detection technology already at airports for checked baggage. Authorizes airport operators to use airport improvement program funds to reconfigure airport baggage handling areas to accommodate such equipment, if necessary. Makes eligible for public-use airport development project funds the replacement of baggage conveyor systems, and reconfiguration of terminal luggage areas, that the Secretary determines are necessary to install bulk explosive detection devices. Directs the Administrator of the FAA to require air carriers to improve the Passenger Bag Matching System. Directs the Administrator to establish goals for upgrading the System, including interim measures to match a higher percentage of bags until Explosives Detection Systems are used to scan 100 percent of checked baggage. Directs the Administrator to require air carriers to expand the application of the current Computer-Assisted Passenger Prescreening System (CAPPS) to all passengers, regardless of baggage. Requires the Administrator to report to specified congressional committees on the implementation of the expanded CAPPS system. Subtitle B: Short-Term Assessment and Deployment of Emerging Security Technologies and Procedures - Amends Federal aviation law to direct the Deputy Secretary for Transportation Security to recommend to airport operators commercially available measures to prevent access to secure airport areas by unauthorized persons. (Sec. 211) Directs the Deputy Secretary for Transportation Security, as part of the Aviation Security Coordination Council, to conduct a 90-day review of: (1) currently available or short-term deployable upgrades to CAPPS; and (2) deployable upgrades to the coordinated distribution of information regarding persons listed on the "watch list" for any Federal law enforcement agencies who could present an aviation security threat. Requires the Deputy Secretary for Transportation Security to deploy recommended short-term upgrades to CAPPS and to the coordinated distribution of "watch list" information within six months after enactment of this Act. Directs the Deputy Secretary for Transportation Security to study options for improving positive identification of passengers at check-in counters and boarding areas, including the use of biometrics and "smart" cards. Subtitle C: Research and Development of Aviation Security Technology - Authorizes additional appropriations to the FAA for FY 2002 through 2006, and necessary sums for each fiscal year thereafter, for research, development (R&D), testing, and evaluation of certain technologies which may enhance aviation security in the future. (Sec. 221) Authorizes appropriations to the FAA to issue research grants (in conjunction with the Defense Advanced Research Projects Agency) for: (1) R&D of longer-term improvements to airport security, including advanced weapons detection; (2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate parties; (3) advances in biometrics for identification and threat assessment; and (4) other technologies for preventing acts of terrorism in aviation.

Aviation Security Act - Amends Federal transportation law to establish within the Federal Aviation Administration (FAA) a Deputy Administrator for Aviation Security who shall be responsible for aviation-related security at all U.S. airports and air navigation facilities involved in interstate or intrastate air transportation by civil aircraft. Establishes the Aviation Security Coordination Council, which shall, among other things, coordinate intelligence, security, and criminal enforcement activities affecting the safety and security of aviation at all U.S. airports and air navigation facilities involved in interstate or intrastate air transportation by public aircraft. Sets forth requirements to: (1) prohibit access to the flight deck (cockpit) of commercial aircraft by any person other than a flight deck crew member; (2) require the strengthening of the cockpit door and locks to prevent entry into such area by non-flight deck crew members (including requiring commuter aircraft that do not have doors to get doors to prevent public access to the cockpit area); (3) provide for random deployment of Federal marshals on domestic commercial air passenger flights and all international flights on U.S. carriers into or out of the United States (including requirements for background and fitness checks and training); (4) federalize airport security operations by deploying law enforcement personnel at each airport (including armed personnel at airport security screening locations of the 100 largest airports); (5) train flight crews in anti-hijacking procedures; (6) make the FAA responsible for screening of air passengers and property boarding each aircraft; (7) establish a program to hire and train airport security screening personnel; (8) require criminal background checks of heavy plane flight training applicants; and (9) collect a $1 per-one-way revenue passenger user (security) fee from commercial air carriers.