text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Federal Air Marshals and Safe Sky 
  Act of 2001''.
  
  SEC. 2. PROGRAM ESTABLISHED.
  
      (a) In General.--Chapter 37 of title 28, United States Code, is 
  amended by adding at the end the following:
  ``Sec. 570. Federal air marshals program
      ``(a) Definitions.--In this section:
              ``(1) Aircraft.--The term `aircraft' has the meaning given 
          that term in section 40102 of title 49.
              ``(2) Air transportation.--The term `air transportation' 
          has the meaning given that term in section 40102 of title 49.
              ``(3) Program.--The term `program' means the program 
          established under subsection (c).
              ``(4) Units of local government.--The term `units of local 
          government' includes an airport authority.
      ``(b) Responsibility for Airport and Aircraft Safety.--This section 
  shall govern the security at airports and on board commercial aircraft.
      ``(c) Federal Air Marshals Program.--
              ``(1) Goal.--The goal of the program is to provide maximum 
          security at airports and on board commercial aircraft by having 
          the Federal Government be responsible for all phases of 
          security for air passengers.
              ``(2) Establishment of federal air marshals program.--
                      ``(A) Establishment.--The Attorney General shall 
                  establish a Federal Air Marshals program consisting of 
                  Federal Air Marshals, including the Federal Air 
                  Marshals participating in the Federal Air Marshals 
                  Program being administered by the Federal Aviation 
                  Administration before the effective date of this 
                  section, and Deputy Federal Air Marshals in order to 
                  provide maximum security at airports and on board 
                  commercial aircraft.
                      ``(B) Federal air marshals.--Federal Air Marshals 
                  shall serve for the purpose of enforcing Federal laws 
                  that regulate security at airports and on board 
                  commercial aircraft, including laws relating to acts of 
                  terrorism, hijacking, or aircraft piracy and laws 
                  relating to violent, abusive, or disruptive behavior by 
                  passengers in air transportation.
                      ``(C) Deputy federal air marshals.--
                              ``(i) In general.--The Attorney General 
                          shall deputize individuals described in clause 
                          (ii) as Deputy Federal Air Marshals for the 
                          purpose of augmenting and assisting Federal Air 
                          Marshals.
                              ``(ii) Personnel.--The Attorney General 
                          shall utilize retired military personnel, 
                          retired Federal, State, and local law 
                          enforcement personnel, and active-duty Federal, 
                          State, and local law enforcement personnel from 
                          other government departments and agencies as 
                          Deputy Federal Air Marshals.
                              ``(iii) Compensation.--The Attorney General 
                          may employ personnel described in clause (ii)--
                                      ``(I) as volunteers;
                                      ``(II) by paying a reasonable per 
                                  diem;
                                      ``(III) by employing a fee-for-
                                  service or contract arrangement; or
                                      ``(IV) using any other method 
                                  authorized by law.
              ``(3) Consultation.--In establishing the program, the 
          Attorney General shall consult with appropriate officials of--
                      ``(A) the United States Government (including the 
                  Administrator of the Federal Aviation Administration or 
                  his designated representative); and
                      ``(B) State and local governments in any geographic 
                  area in which the program may operate.
              ``(4) Certification, training and examination of air 
          marshals; prior approval of employer to serve as deputy air 
          marshal.--
                      ``(A) In general.--Under the program, the Attorney 
                  General shall provide appropriate training and 
                  supervision of all air marshals, as well as appropriate 
                  background and fitness examination of eligible 
                  candidates as part of their certification.
                      ``(B) Employer approval.--Active Federal, State, or 
                  local law enforcement officers who serve as Deputy 
                  Federal Air Marshals shall receive approval to 
                  participate in the program from their employer.
      ``(d) Powers and Status of Federal Air Marshals and Deputy Air 
  Marshals.--
              ``(1) In general.--Subject to paragraph (2), Federal Air 
          Marshals and Deputy Federal Air Marshals may arrest and 
          apprehend an individual suspected of violating any Federal law 
          relating to security at airports or on board aircraft, 
          including any individual who violates a provision subject to a 
          civil penalty under section 46301, 46302, 46303, 46314, 46318, 
          46502, 46504, 46505, or 46507 of title 49, or who commits an 
          act described in section 46506 of title 49, or who violates a 
          provision subject to a criminal penalty under sections 32 and 
          37 of title 18.
              ``(2) Limitation.--The powers granted to a Deputy Federal 
          Air Marshal shall be limited to enforcing Federal laws relating 
          to security at airports or on board aircraft.
      ``(e) Statutory Construction.--Nothing in this section may be 
  construed to--
              ``(1) grant any Federal Air Marshal or Deputy Federal Air 
          Marshal the power to enforce any Federal law that is not 
          described in subsection (d); or
              ``(2) limit the authority that a Federal, State, or local 
          law enforcement officer may otherwise exercise in the officer's 
          capacity under any other applicable law.
      ``(f) Regulations.--The Attorney General shall promulgate such 
  regulations as may be necessary to carry out this section.
      ``(g) Cost Sharing.--The costs of the program shall be paid by--
              ``(1) the airlines in an amount not less than the amount 
          (as adjusted for inflation after the effective date of this 
          section) the airlines were paying for airport security on the 
          date before the effective date of this section;
              ``(2) State and units of local government in an amount not 
          less than the amount (as adjusted for inflation after the 
          effective date of this section) the States and units of local 
          government were paying for airport security on the date before 
          the effective date of this section; and
              ``(3) the Federal Government.
      ``(h) Authorization of Appropriations.--
              ``(1) In general.--Subject to paragraph (2), there are 
          authorized to be appropriated to carry out this section such 
          sums as may be necessary.
              ``(2) Limitation.--The Federal share of carrying out this 
          section shall be limited to the cost of the program after 
          payments by airlines and States and units of local government 
          pursuant to subsection (g).''.
  
  SEC. 3. REPEAL.
  
      Section 44903 of title 49, United States Code, is repealed.
  
  SEC. 4. EFFECTIVE DATE.
  
      This Act and the amendments made by this Act shall take effect 90 
  days after the date of enactment of this Act.
target: Federal Air Marshals and Safe Sky Act of 2001 - Amends Federal law to require the Attorney General to establish a Federal Air Marshals program consisting of Federal Air Marshals (including those participating in the Federal Aviation Administration's Federal Air Marshals Program) and Deputy Federal Air Marshals to provide maximum security at airports and on board commercial aircraft by enforcing Federal laws related to acts of terrorism, hijacking, or aircraft piracy and laws relating to violent, abusive, or disruptive behavior by passengers in air transportation. Requires the Attorney General to provide appropriate training and supervision of all air marshals, as well as appropriate background and fitness examination of eligible candidates as part of their certification. Requires the cost of such program to be shared by the airlines, State and local governments, and the Federal Government.
feat_title: A bill to establish a Federal air marshals program under the Attorney General.