"(C) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions. "(6) OPERATIONAL TESTING.-In addition to the annual proficiency review conducted under paragraph (5), the Under Secretary shall provide for the operational testing of such personnel. "(g) TRAINING.— "(1) USE OF OTHER AGENCIES.-The Under Secretary may enter into a memorandum of understanding or other arrangement with any other Federal agency or department with appropriate law enforcement responsibilities, to provide personnel, resources, or other forms of assistance in the training of security screening personnel. "(2) TRAINING PLAN.-Within 60 days after the date of Deadline. enactment of the Aviation and Transportation Security Act, the Under Secretary shall develop a plan for the training of security screening personnel. The plan shall require, at a minimum, that a security screener "(A) has completed 40 hours of classroom instruction or successfully completed a program that the Under Secretary determines will train individuals to a level of proficiency equivalent to the level that would be achieved by such classroom instruction; "(B) has completed 60 hours of on-the-job instructions; and "(C) has successfully completed an on-the-job training examination prescribed by the Under Secretary. "(3) EQUIPMENT-SPECIFIC TRAINING.-An individual employed as a security screener may not use any security screening device or equipment in the scope of that individual's employment unless the individual has been trained on that device or equipment and has successfully completed a test on the use of the device or equipment. "(h) TECHNOLOGICAL TRAINING.— "(1) IN GENERAL.-The Under Secretary shall require training to ensure that screeners are proficient in using the most up-to-date new technology and to ensure their proficiency in recognizing new threats and weapons. "(2) PERIODIC ASSESSMENTS.-The Under Secretary shall make periodic assessments to determine if there are dual use items and inform security screening personnel of the existence of such items. "(3) CURRENT LISTS OF DUAL USE ITEMS.-Current lists of dual use items shall be part of the ongoing training for screeners. “(4) DUAL USE DEFINED.-For purposes of this subsection, the term 'dual use' item means an item that may seem harmless but that may be used as a weapon. "(i) LIMITATION ON RIGHT TO STRIKE.-An individual that screens passengers or property, or both, at an airport under this section may not participate in a strike, or assert the right to strike, against the person (including a governmental entity) employing such individual to perform such screening. “(j) UNIFORMS.-The Under Secretary shall require any individual who screens passengers and property pursuant to section 89-194 O-03-21 QL 3 Part 1 49 USC 44935 note. 49 USC 44935 note. 44901 to be attired while on duty in a uniform approved by the Under Secretary.". (b) CONFORMING AMENDMENTS.-Section 44936(a)(1) of title 49, United States Code, is amended (1) in subparagraph (A) by inserting "as a security screener under section 44935(e) or a position" after "a position"; and (2) in subparagraph (E) by striking clause (iv). (c) TRANSITION.-The Under Secretary of Transportation for Security shall complete the full implementation of section 44935 (e), (f), (g), and (h) of title 49, United States Code, as amended by subsection (a), as soon as is practicable. The Under Secretary may make or continue such arrangements for the training of security screeners under that section as the Under Secretary determines necessary pending full implementation of that section as so amended. (d) SCREENER PERSONNEL.-Notwithstanding any other provision of law, the Under Secretary of Transportation for Security may employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code. The Under Secretary shall establish levels of compensation and other benefits for individuals so employed. SEC. 112. RESEARCH AND DEVELOPMENT. (a) IN GENERAL.-Section 44912(b)(1) of title 49, United States Code, is amended (1) by striking "complete an intensive review of" and inserting "periodically review"; (2) by striking "commercial aircraft in service and expected to be in service in the 10-year period beginning on November 16, 1990;" in subparagraph (B) and inserting "aircraft in air transportation;"; and (3) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively, and inserting after subparagraph (C) the following: "(D) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport;". (b) ADDITIONAL MATTERS REGARDING RESEARCH AND DEVELOPMENT. (1) ADDITIONAL PROGRAM REQUIREMENTS.-Subsection (a) of section 44912 of title 49, United States Code, is amended(A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph (4): "(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect to security technology under the program. "(B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology under the program. "(C) The individual designated under subparagraph (A) shall, Reports. on an annual basis, submit to the Research, Engineering and Development Advisory Committee a report on activities under this paragraph during the preceding year. Each report shall include, for the year covered by such report, information on— "(i) progress made in engineering, research, and development with respect to security technology; "(ii) the allocation of funds for engineering, research, and development with respect to security technology; and "(iii) engineering, research, and development with respect to any technologies drawn from other agencies, including the rationale for engineering, research, and development with respect to such technologies.". (2) REVIEW OF THREATS.-Subsection (b)(1) of that section is further amended (A) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H) respectively; and (B) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): "(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including— "(i) the destruction, commandeering, or diversion of civil aircraft or the use of civil aircraft as a weapon; and "(ii) the disruption of civil aviation service, including by cyber attack;". (3) SCIENTIFIC ADVISORY PANEL.-Subsection (c) of that section is amended to read as follows: "(c) SCIENTIFIC ADVISORY PANEL.-(1) The Administrator shall establish a scientific advisory panel, as a subcommittee of the Research, Engineering, and Development Advisory Committee, to review, comment on, advise the progress of, and recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft, commercial aviation facilities, commercial aviation personnel and passengers, and other components of the commercial aviation system by the next generation of terrorist weapons. "(2)(A) The advisory panel shall consist of individuals who have scientific and technical expertise in— "(i) the development and testing of effective explosive detection systems; "(ii) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective explosive detection technology must be capable of detecting; "(iii) technologies involved in minimizing airframe damage to aircraft from explosives; and "(iv) other scientific and technical areas the Administrator considers appropriate. "(B) In appointing individuals to the advisory panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate. "(3) The Administrator shall organize the advisory panel into teams capable of undertaking the review of policies and technologies upon request. Establishment. "(4) Not later than 90 days after the date of the enactment Deadline. of the Aviation and Transportation Security Act, and every two Deadline. 49 USC 44939 note. 49 USC 44939 note. years thereafter, the Administrator shall review the composition of the advisory panel in order to ensure that the expertise of the individuals on the panel is suited to the current and anticipated duties of the panel.”. SEC. 113. FLIGHT SCHOOL SECURITY. (a) IN GENERAL.-Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section: "§ 44939. Training to operate certain aircraft "(a) WAITING PERIOD.-A person subject to regulation under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of 12,500 pounds or more to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Under Secretary of Transportation for Security only if "(1) that person has first notified the Attorney General that the individual has requested such training and furnished the Attorney General with that individual's identification in such form as the Attorney General may require; and "(2) the Attorney General has not directed, within 45 days after being notified under paragraph (1), that person not to provide the requested training because the Attorney General has determined that the individual presents a risk to aviation or national security. “(b) INTERRUPTION OF TRAINING.-If the Attorney General, more than 45 days after receiving notification under subsection (a) from a person providing training described in subsection (a), determines that the individual presents a risk to aviation or national security, the Attorney General shall immediately notify the person providing the training of the determination and that person shall immediately terminate the training. "(c) COVERED TRAINING.-For the purposes of subsection (a), training includes in-flight training, training in a simulator, and any other form or aspect of training. "(d) SECURITY AWARENESS TRAINING FOR EMPLOYEES.-The Under Secretary shall require flight schools to conduct a security awareness program for flight school employees to increase their awareness of suspicious circumstances and activities of individuals enrolling in or attending flight school.". (b) CLERICAL AMENDMENT.-The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “44939. Training to operate certain aircraft.”. (c) INTERNATIONAL COOPERATION.-The Secretary of Transportation, in consultation with the Secretary of State, shall work with the International Civil Aviation Organization and the civil aviation authorities of other countries to improve international aviation security through screening programs for flight instruction candidates. (d) EFFECTIVE DATE.-The amendment made by subsection (a) applies to applications for training received after the date of enactment of this Act. SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECU- (a) IN GENERAL.-Chapter 465 of title 49, United States Code, "An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for any term of years or life imprisonment.". (b) CONFORMING AMENDMENT.-The chapter analysis for chapter 465 of such title is amended by inserting after the item relating to section 46502 the following: "46503. Interference with security screening personnel.". SEC. 115. PASSENGER MANIFESTS. Section 44909 is amended by adding at the end the following: 49 USC 44909. "(c) FLIGHTS IN FOREIGN AIR TRANSPORTATION TO THE UNITED STATES. “(1) IN GENERAL.-Not later than 60 days after the date Deadline. of enactment of the Aviation and Transportation Security Act, each air carrier and foreign air carrier operating a passenger flight in foreign air transportation to the United States shall provide to the Commissioner of Customs by electronic transmission a passenger and crew manifest containing the information specified in paragraph (2). Carriers may use the advanced passenger information system established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) to provide the information required by the preceding sentence. "(2) INFORMATION.-A passenger and crew manifest for a flight required under paragraph (1) shall contain the following information: "(A) The full name of each passenger and crew member. "(B) The date of birth and citizenship of each passenger and crew member. "(C) The sex of each passenger and crew member. "(D) The passport number and country of issuance of each passenger and crew member if required for travel. "(E) The United States visa number or resident alien card number of each passenger and crew member, as applicable. "(F) Such other information as the Under Secretary, in consultation with the Commissioner of Customs, determines is reasonably necessary to ensure aviation safety. "(3) PASSENGER NAME RECORDS.-The carriers shall make passenger name record information available to the Customs Service upon request. “(4) TRANSMISSION OF MANIFEST.-Subject to paragraph (5), a passenger and crew manifest required for a flight under paragraph (1) shall be transmitted to the Customs Service in advance of the aircraft landing in the United States in such manner, time, and form as the Customs Service prescribes. |