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Full Text of this Amendment

SA 67. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:
SEC. 733. SECURING AIRPORT TERMINALS.
(a) Screening Location and Sterile Area Defined.--In this Act, the terms "screening location" and "sterile area" have the meanings given those terms in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar rule or regulation).
(b) Increased Use of Security Cameras at Airports.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations that--
(A) require the use of security cameras at all screening locations and all locations where passengers exit the sterile area at airports in the United States;
(B) set forth requirements for the use, maintenance, and testing of security cameras and other technological devices used for security at airports in the United States; and
(C) specify that employees of the Transportation Security Administration have access to all security cameras and technological devices described in subparagraph (B) and data or recordings from such cameras and devices that relate to airport security, including standards for--
(i) the timing of such access;
(ii) the accessibility of copies and acceptable formats for such data or recordings;
(iii) the period for which such data or recordings must be maintained; and
(iv) the permissible uses of such data or recordings.
(2) INTERIM REGULATIONS.--The Secretary of Homeland Security may issue interim final rules under paragraph (1) without regard to the provisions of chapter 5 of title 5, United States Code.
(c) Improved Monitoring of Exits From Sterile Areas in Airports.--
(1) REPORT.--Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall submit to the committees specified in paragraph (2) a report that--
(A) makes recommendations for improving the security of each location at an airport where passengers exit the sterile area; and
(B) assesses--
(i) differences in configurations of such locations; and
(ii) options for improving security at such locations, such as increasing personnel assigned to such locations and the use of technology to improve security.
(2) COMMITTEES SPECIFIED.--The committees specified in this subsection are--
(A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives.
(3) REGULATIONS.--The Secretary of Homeland Security may prescribe regulations, including interim final rules implemented without regard to the provisions of chapter 5 of title 5, United States Code, requiring standards for security at each location at an airport where passengers exit the sterile area.
(d) Increased Penalties for Circumventing Security Screening.--
(1) CIVIL PENALTIES.--Section 46301(a)(5)(A)(i) of title 49, United States Code, is amended--
(A) by striking "or chapter 449" and inserting "chapter 449"; and
(B) by inserting ", or section 46314(a)" after "44909)".
(2) CRIMINAL PENALTIES.--Section 46314(b) of title 49, United States Code, is amended to read as follows:
"(b) Criminal Penalty.--A person violating subsection (a) of this section shall be fined under title 18, imprisoned for not more than 10 years, or both.".
(3) NOTICE OF PENALTIES.--
(A) IN GENERAL.--Each operator of an airport in the United States that is required to establish an air transportation security program pursuant to section 44903(c) of title 49, United States Code, shall ensure that signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties imposed under sections 46301(a)(5)(A)(i) and 46314(b) of title 49, United States Code, as amended by this subsection, are displayed near all screening locations,
all locations where passengers exit the sterile area, and such other locations at the airport as the Secretary of Homeland Security determines appropriate.
(B) EFFECT OF SIGNS ON PENALTIES.--An individual shall be subject to a penalty imposed under section 46301(a)(5)(A)(i) or 46314(b) of title 49, United States Code, as amended by this subsection, without regard to whether signs are displayed at an airport as required by subparagraph (A).


(As printed in the Congressional Record for the Senate on Feb 10, 2011.)