[Senate Report 115-266]
[From the U.S. Government Publishing Office]
Calendar No. 444
115th Congress } { Report
SENATE
2d Session } { 115-266
_______________________________________________________________________
TSA MODERNIZATION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1872
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 6, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West MARGARETWOODHASSAN,NewHampshire
Virginia
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 444
115th Congress } { Report
SENATE
2d Session } { 115-266
======================================================================
TSA MODERNIZATION ACT
_______
June 6, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1872]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1872) to authorize the programs
of the Transportation Security Administration relating to
transportation security, and for other purposes, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1872, the TSA Modernization Act, is to
authorize the programs of the Transportation Security
Administration (TSA) relating to transportation security, and
for other purposes.
Background and Needs
The TSA was established by the Aviation and Transportation
Security Act in response to the September 11, 2001, attacks in
order to strengthen the security of the Nation's transportation
systems and ensure the freedom of movement for people and
commerce.\1\ The TSA is tasked with protecting aviation, rail,
mass transit, highway, and pipeline sectors from terrorist
attacks. The TSA employs over 50,000 full-time equivalent
individuals,\2\ and TSA officers screened 738 million airline
passengers, 466 million checked bags, and 24.2 million airport
employees in 2016.\3\
The TSA faces a number of current challenges and threats to
the aviation environment. According to the Department of
Homeland Security (DHS), evaluated intelligence indicates that
terrorist groups continue to target commercial aviation and are
aggressively pursuing innovative methods to undertake their
attacks, including smuggling explosive devices in consumer
items.\4\ The November 9, 2017, DHS National Terrorism Advisory
System Bulletin noted that terrorists continue to target
commercial aviation and air cargo, including with concealed
explosives.\5\ One of the TSA's leading threat concerns relates
to identifying explosives disguised in certain personal
electronic devices (PEDs). These threats demonstrate the need
to more quickly deploy newly advanced technologies to address
vulnerabilities. However, the TSA has historically undertaken a
lengthy process to test, evaluate, procure, and deploy new
security technologies.
Another area of interest and need is the procurement and
use of explosive detection canine teams. The Government
Accountability Office (GAO), the DHS Inspector General, and
other independent testers have proven canine teams to be one of
the most effective means of detecting explosive substances.
However, critics complain that the TSA is not able to deploy
enough passenger screening canines due to a limited supply, the
lengthy training process, and the limited number of training
locations.
Recent public area security incidents also have focused
attention on the challenges of securing the public areas of
airports not subject to checkpoint screening. Such events
include a shooting, in January 2017, in the baggage claim area
at Fort Lauderdale Hollywood International Airport; and a
bombing, in March 2016, in the public terminal area of the
Brussels, Belgium airport, and at a nearby metro station.
The bill addresses challenges related to the following:
airport public area security; canine deployment; last point of
departure (LPD) airports; acquisition and deployment of
innovative screening technologies and checkpoint designs;
PreCheck Program expansion; and air traveler delays. The bill
was developed based on testimony from ongoing Committee
oversight on security issues, including a February 2017 hearing
of the Subcommittee on Aviation Operations, Safety, and
Security regarding TSA stakeholder perspectives, as well as the
recommendations of other aviation stakeholders and oversight of
the TSA's implementation of the aviation security provisions in
the FAA Extension, Safety, and Security Act of 2016 (FESSA),\6\
among other things.
---------------------------------------------------------------------------
\1\P.L. 107-71, 115 Stat. 597.
\2\U.S. Department of Homeland Security (DHS), ``FY 2016 Budget in
Brief.'' (http://www.dhs.gov/sites/default/files/publications/
FY_2016_DHS_Budget_in_Brief.pdf)
\3\Administrator of the Transportation Security Administration,
``TSA Year in Review,'' January 12, 2017. (http://tsa.gov/blog/2017/01/
12/tsa-year-review-record-amount-firearms-
discovered-2016)
\4\DHS, ``Fact Sheet: Aviation Security Enhancements for Select
Last Point of Departure Airports with Commercial Flights to the United
States'' (updated July 21, 2017). (https://www.dhs.gov/news/2017/03/21/
fact-sheet-aviation-security-enhancements-select-last-point-
departure-airports)
\5\DHS, ``National Terrorism Advisory System Bulletin,'' (reissued
November 9, 2017). (https://www.dhs.gov/sites/default/files/ntas/
alerts/17_1109_NTAS_Bulletin.pdf)
\6\P.L. 114-90, 130 Stat. 615.
\7\U.S. Congress, Senate Committee on Commerce, Science, and
Transportation, closed Committee hearing, 115th Cong., 1st sess.,
February 7, 2017.
\8\U.S. Congress, Senate Committee on Commerce, Science, and
Transportation, Stakeholder Perspectives on Improving TSA for the
Security of the Traveling Public, 115th Cong., 1st sess., February 16,
2017.
\9\U.S. Congress, Senate Committee on Commerce, Science, and
Transportation, TSA Modernization: Improvements to Aviation Security,
115th Cong., 1st sess., September 28, 2017.
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Summary of Provisions
The bill would focus on the following thematic areas:
reforming agency organizational structure; advancing security
technologies; addressing public area security; improving
passenger and cargo security; updating foreign airport security
regulatory processes; improving cockpit and cabin security; and
making technical amendments to title 49 of the United States
Code.
Specifically, the bill would do the following:
5-year term. The bill would ensure
stability and consistent leadership at the TSA by
establishing a 5-year term for the TSA Administrator
(appointed by the President and confirmed by the
Senate), similar to the Federal Aviation Administration
(FAA), and making the Deputy Administrator appointed by
the President (but not subject to Senate confirmation).
Third party testing and evaluation. The
bill would instruct the TSA to establish a program to
authorize third party testing and evaluation of
security screening equipment as an alternative to the
TSA's current testing processes to speed up deployment
of the latest security technologies.
PreCheck Program. The bill would build upon
oversight of the PreCheck Program improvements enacted
in FESSA by requiring the TSA to partner with at least
two private sector companies to market and to increase
enrollment opportunities for the program (e.g., mobile
or by means other than biometrics that are evaluated
and certified, or determined to be as effective as a
fingerprint-based criminal history record checks) in
order to vet and facilitate faster travel for more of
the flying public.
Third party canines. The bill would require
the TSA to develop standards that allow for use of
third party explosives detection canines for the
screening of passengers, property, and air cargo in
order to increase the supply and deployment of canines
at airports.
LPD airports. The bill would require the
TSA to consult and notify specific aviation
stakeholders prior to making changes to security
standards for LPD airports to improve implementation of
the TSA's new security procedures.
Law Enforcement Officer (LEO) Reimbursement
Program. The bill would promote greater security and
law enforcement presence at airports by increasing the
amount and number of awards via a $10 million increase
in authorization of appropriations for the LEO
Reimbursement Program, which many airports use to
deploy police officers.
Passenger security fee. The bill would
ensure money collected from the passenger security fee
is credited as offsetting collections to appropriations
for TSA aviation security measures starting in 2025
when the diversion of such fees for other purposes
expires.
Screening Partnership Program (SPP)
updates. The bill would expand opportunities to use the
SPP, which allows airports, at their discretion, to
employ private security contractors instead of TSA
employees by authorizing individual operators of
airport terminals and airport security checkpoints to
also participate in the program. Under current law,
applications submitted under the program apply to all
screening operations at an airport seeking to
participate.
Real-time wait times. The bill would
improve the traveler experience by requiring the TSA to
make available to the public, online and at airport
terminals, information on wait times at each airport
security checkpoint.
Innovation Task Force (ITF). The bill would
foster innovation in aviation security by building on
existing TSA efforts to establish a government-industry
task force to focus on identifying, developing, and
accelerating the growth of aviation security technology
and innovations.
Public area best practices. The bill would
facilitate improved information sharing between the TSA
and aviation stakeholders on public area security
threats and best practices relating to protecting
aviation infrastructure.
Biometrics expansion. The bill would direct
the TSA, in coordination with U.S. Customs and Border
Protection (CBP), to assess the operational and
security impact of using biometric technology to
identify passengers, and to facilitate the deployment
of biometric technology at checkpoints and screening
lanes.
Conforming and miscellaneous amendments.
The bill would conform existing law to current TSA
operations, including updating relevant references to
reflect the current placement of the TSA under the DHS,
and the current title of the TSA Administrator.
Legislative History
S. 1872 was introduced by Senator Thune (for himself and
Senators Nelson, Blunt, and Cantwell) on September 27, 2017,
and was referred to the Committee on Commerce, Science, and
Transportation of the Senate.
The Committee held briefings and hearings examining key
issues that are addressed in the legislation, including the
following: a classified threat briefing;\7\ ``Stakeholder
Perspectives on Improving TSA for the Security of the Traveling
Public'';\8\ and ``TSA Modernization: Improvements to Aviation
Security.''\9\
On October 4, 2017, the Committee, by voice vote, ordered
S. 1872 reported favorably, with an amendment (in the nature of
a substitute). The adopted amendments were as follows:
An amendment from Senators Thune and Blunt
to make improvements to the Federal Flight Deck Officer
(FFDO) Program.
An amendment from Senators Thune, Nelson,
Blunt, and Cantwell to make improvements for the
screening of disabled passengers.
An amendment from Senator Gardner to
establish performance metrics and objectives for
testing and verification of security technologies.
An amendment from Senator Inhofe to include
institutions of higher education in third party canine
activities.
An amendment from Senator Markey to conduct
a pilot program to test the use of computed tomography
technology.
An amendment from Senator Schatz to conduct
a privacy assessment of expanding the use of biometric
data.
Similar legislation, S. 763, the Surface and Maritime
Transportation Security Act, was introduced by Senator Thune
(for himself and Senators Nelson, Fischer, and Booker) on March
29, 2017, to improve surface and maritime transportation
security. On April 5, 2017, the Committee met in open Executive
Session and ordered
S. 763 reported favorably with an amendment (in the nature of a
substitute).
Chairman of the Committee on Homeland Security of the House
of Representatives, Representative Michael McCaul, introduced
H.R. 2825, the Department of Homeland Security Authorization
Act, which is a bill to amend the Department of Homeland
Security Act of 2002 (Act of 2002) to make certain improvements
in the laws administered by the Secretary of DHS (Secretary),
and for other purposes, on June 8, 2017. H.R. 2825 contains a
title related to the authorization of the TSA, since the TSA is
a component of the DHS. That bill was referred to the Committee
on Homeland Security, which, on June 14, 2017, ordered it
reported by voice vote. On July 20, 2017, the House of
Representatives passed H.R. 2825 by a vote of 386-41.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1872--TSA Modernization Act
Summary: S. 1872 would authorize gross appropriations
totaling $24 billion over the 2018-2020 period for activities
of the Transportation Security Administration (TSA), which is
responsible for the security of all modes of public
transportation in the United States. Assuming appropriation of
the authorized amounts as well as collections of certain fees
that would offset a portion of the agency's costs, CBO
estimates that implementing S. 1872 would, on net, cost $16.2
billion over the 2018-2022 period.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 1872 would not increase net
direct spending or on-budget deficit in any of the four
consecutive 10-year periods beginning in 2028.
S. 1872 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1872 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
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By fiscal year, in millions of dollars--
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2018 2019 2020 2021 2022 2018-2022
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INCREASES OR DECREASES (-) IN SPENDING SUBJECT TO APPROPRIATION
Gross TSA Spending:
Authorization Level............................ 7,957 7,996 8,035 0 0 23,988
Estimated Outlays.............................. 5,968 7,588 7,864 2,006 401 23,827
Aviation Security Fees:
Esimated Authorization Level................... -2,470 -2,550 -2,630 0 0 -7,650
Estimated Outlays.............................. -2,470 -2,550 -2,630 0 0 -7,650
Total Changes:
Estimated Authorization Level.............. 5,487 5,446 5,405 0 0 16,338
Estimated Outlays.......................... 3,498 5,038 5,234 2,006 401 16,177
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Basis of estimate: For this estimate, CBO assumes that S.
1872 will be enacted early in fiscal year 2018 and that
authorized amounts will be provided near the start of each
year.
S. 1872 would authorize gross appropriations totaling
nearly $8 billion in 2018 and $24 billion over the 2018-2022
period for certain activities of the TSA. (By comparison, on an
annualized basis, TSA received about $7 billion for those
activities in 2018 under the Continuing Appropriations Act,
2018, and Supplemental Appropriations for Disaster Relief
Requirements Act, 2017.) That three-year total includes:
$23.5 billion for TSA's operating and
maintenance expenses, including salaries and benefits
for most of the agency's workforce;
$276 million for technologies and activities
related to monitoring ``exit lanes'' used by passengers
to exit secure areas of airports; and
$165 million to reimburse costs incurred by
public entities to deploy additional law enforcement
officers at airports.
On the basis of historical spending patterns for TSA
programs, CBO estimates that gross outlays under S. 1872 would
total nearly $6 billion in 2018 and $24 billion over the 2018-
2022 period.
Because TSA is authorized to collect fees to offset a
portion of gross funding provided for aviation security
programs, CBO also estimates that implementing S. 1872 would
increase offsetting collections. Specifically, under current
law, commercial airlines charge passengers a fee of $5.60 per
one-way trip in air transportation that originates at an
airport in the U.S., subject to an overall cap of $11.20 per
round trip; those fees are remitted to the federal government.
Based on an analysis of information from TSA and other federal
agencies about anticipated volume of commercial airline
passengers and travel patterns, CBO estimates that such fees
would total nearly $7.7 billion over the 2018-2022 period, thus
reducing the net appropriations that would be necessary to
implement the legislation. Accordingly, CBO estimates that S.
1872 would, on net, authorize appropriations totaling $16.3
billion over the 2018-2022 period and that resulting net
outlays would total $16.2 billion.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 1872 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Estimated impact on public and private entities: S. 1872
contains no intergovernmental or private-sector mandates as
defined in UMRA.
Estimated prepared by: Federa1 costs: Megan Carroll;
Intergovernmental and private-sector impact: Jon Sperl.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1872 would affect millions of air travelers, pilots, and
crew who fly within and to the United States, as well as those
air carriers and airports that facilitate flights within and to
the United States. These individuals are already subject to TSA
regulations and the bill would not subject additional groups or
classes to new mandates. Specific provisions within S. 1872
would seek to reduce the regulatory and administrative burdens
on certain groups, including operators of airports, terminals,
or checkpoints that opt to participate in the Screening
Partnership Program, disabled passengers, passengers who are
seeking expedited screening, and pilots interested in
participating in the FFDO Program.
economic impact
S. 1872 is intended to positively impact the travel
industry by better facilitating the flow of commerce and the
traveling public through the security screening process at
airports. It would save passengers time and, thus, money by
providing them with more options to take advantage of expedited
security screening, improved screening technologies, and
information about checkpoint wait times in real time. The bill
also would improve coordination regarding new security
directives and emergency amendments with air carriers operating
flights from LPD airports so that such measures are better
harmonized with carrier operations.
privacy
S. 1872 would have a minimal impact on the personal privacy
of U.S. citizens. This bill would encourage the facilitation of
the deployment of innovative technologies for aviation
security, such as biometric technology at checkpoints, but also
would require the TSA to assess the effects on privacy of the
expansion of the use of biometric technology, including methods
to mitigate any risks to privacy identified by the TSA related
to the active or passive collection of biometric data.
This bill also would direct the TSA, in consultation with
the Commissioner of the CBP, to review each trusted traveler
program and identify any improvements that could be made to
increase information and data sharing across such programs and
to allow the public to access and link to the applications for
enrollment in all such programs from one online portal.
Finally, this legislation would affect the privacy of certain
air carrier and airport employees as it would authorize air
carriers, airports, and airport operators to get immediate
notification of any criminal activity relating to an employee
with access to an airport or its perimeter.
paperwork
The Committee does not anticipate a significant increase in
paperwork burdens resulting from the passage of this
legislation. In those areas where the bill does require
additional paperwork, it is aimed at improving aviation
security and is otherwise part of the normal duties of the
affected agencies. The Secretary, the TSA Administrator, the
Comptroller General, the Air Cargo Subcommittee of the Aviation
Security Advisory Committee (ASAC), and a TSA-established
innovation task force would be required to prepare a variety of
reports and studies for Congress. These reports would provide
the legislative branch and public with critical information,
assessments, reviews, and recommendations that would enhance
the ability of the Committee to carry out its oversight
responsibilities with regard to aviation security policy and
programs.
In order to ensure the security of the national airspace
system, manufacturers of security technology systems would
encounter paperwork requirements to voluntarily participate in
the TSA-developed framework for third party testing and
verification of security technology. Third party explosives
detection canine teams also would encounter paperwork to
voluntarily satisfy any new standards for the screening of
individuals, property, and air cargo.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents; references.
This section would provide that the bill may be cited as
the ``TSA Modernization Act.'' This section also would provide
a table of contents for the bill.
Section 2. Definitions.
This section would define the terms ``Administrator,''
``appropriate committees of Congress,'' ``ASAC,''
``Secretary,'' and ``TSA'' used in this Act.
TITLE I--ORGANIZATIONS AND AUTHORIZATIONS
Section 101. Authorization of appropriations.
This section would provide an authorization of
appropriations for the TSA for salaries, operations, and
maintenance of the TSA at an amount of $7,810,196,000 for
fiscal year (FY) 2018, $7,849,247,000 for FY 2019, and
$7,888,494,000 for FY 2020. The enacted funding for FY 2017 was
$7,771,340,000.
Section 102. Administrator of the Transportation Security
Administration; 5-year term.
This section would make technical and conforming amendments
to title 49 of the United States Code to reflect the current
title of the TSA Administrator and the transfer of the TSA from
the Department of Transportation to the DHS. This section would
outline the pay scale and qualifications necessary for an
individual to serve as the Administrator or Deputy
Administrator, as well as the functions of each position. This
section also would set a 5-year term for any TSA Administrator
serving a term that began after August 1, 2017.
Section 103. Transportation Security Administration organization.
This section would amend title 49 of the United States Code
to account for key areas of the leadership and organizational
structure of the TSA consistent with current practice. The TSA
Administrator would be required to appoint individuals, each of
whom would report directly to the TSA Administrator or the TSA
Administrator's designated direct report, to be responsible for
each of the following areas: aviation security operations and
training; surface transportation security operations and
training; security policy and industry engagement;
international strategy and operations; trusted and registered
traveler programs; technology acquisition and deployment;
inspection and compliance; civil rights, liberties, and
traveler engagement; and legislative and public affairs.
Section 104. Transmittals to Congress.
This section would require the TSA to transmit each report,
legislative proposal, or other communication of the Executive
Branch related to the TSA, and required to be submitted,
directly to Congress or the appropriate committees of Congress.
TITLE II--AVIATION SECURITY
SUBTITLE A--SECURITY TECHNOLOGY
Section 201. Third party testing and evaluation of screening
technology.
This section would direct the TSA to develop and implement
a program that enables third party testing and verification of
screening technology as an alternative to the TSA's testing and
evaluation process before acquisition or deployment. The
Committee intends that this third party testing include
security technology algorithms. To the extent practicable and
permissible under the law, the TSA would be required to share
detection testing information and standards with appropriate
international partners and coordinate with them to harmonize
TSA testing and evaluation with relevant international
standards. The TSA also would be required to develop a testing
and verification framework for third party testing using a
phased implementation approach to allow the TSA and the third
party to establish best practices. The TSA would be required to
request that ASAC's Security Technology Subcommittee, in
consultation with relevant industry representatives, develop
and submit recommendations for the third party testing and
verification framework. This section also would direct the TSA
to prioritize field testing and evaluation of security
technology at airports and on site at manufacturing companies
whenever possible.
Section 202. Reciprocal recognition of security standards.
This section would direct the TSA, in coordination with the
European Civil Aviation Conference and Canadian Air Transport
Security Authority, to develop a validation process for the
reciprocal recognition of security equipment technology
approvals among international security partners or recognized
certification authorities for deployment. This validation
process would be required to ensure that the certification
process of each participating international security partner or
recognized certification authority complies with the TSA
security standards.
Section 203. Transportation Security Laboratory.
This section would authorize the TSA to administer the
existing Transportation Security Laboratory (TSL), and would
require the TSA to conduct periodic reviews on the screening
technology test and evaluation process conducted at the TSL to
identify any improvements that should be made to better support
and facilitate acquisition decisions.
Section 204. Innovation Task Force.
This section would require the TSA to establish an ITF to
cultivate innovations in aviation security, develop and
recommend how to streamline requirements, and accelerate the
development and introduction of innovative security
technologies and improvements to aviation security operations.
The ITF would be chaired by a designee of the TSA Administrator
and be composed of members of offices within the TSA, other
relevant components of DHS, and industry representatives that
the Administrator considers appropriate. This section would
require the ITF to identify and develop innovative technologies
or emerging security capabilities designed to enhance aviation
security, conduct quarterly meetings with industry, and submit
to the appropriate committees of Congress an annual report on
the effectiveness of key performance data from task force
sponsored projects and checkpoint enhancements.
Section 205. 5-Year technology investment plan update.
This section would amend the Act of 2002 to require the TSA
Administrator to annually submit to Congress an appendix to the
budget request and publish in an unclassified format in the
public domain an update of the 5-year technology investment
plan and information about acquisitions completed during the
preceding FY.
Section 206. Biometrics expansion.
This section would instruct the TSA, not later than 270
days after the date of enactment and in coordination with the
CBP to do the following: assess the operational security impact
of biometric technology to identify passengers; assess the
effects on privacy of the expansion of the use of biometric
technology, including methods to mitigate any risks to privacy
related to the collection of biometric data; and facilitate, if
appropriate, the deployment of such technology at checkpoints,
screening lanes, bag drop and boarding areas, and other areas
where such deployment would enhance security and facilitate
passenger movement. The Committee intends that any deployment
of biometric technology prioritize the alignment of the
biometrics used for both the TSA and the CBP. This section also
would require the TSA to submit to the appropriate committees
of Congress a report on such assessments and deployment and to
publish the privacy assessment on a publicly accessible
website, if practicable.
Section 207. Pilot program for automated exit lane technology.
This section would direct the TSA, not later than 90 days
after the date of enactment, to establish a pilot program in
partnership with applicable airport directors to implement and
evaluate the use of automated exit lane technology at small hub
and nonhub airports. Appropriations to carry out this pilot
program would be authorized at $15,000,000 for each of FY 2018
through FY 2020, and the Federal share of the cost of the pilot
program under this section would not exceed 85 percent of the
total cost of the program. The section also would require the
GAO, not later than 2 years after the date of enactment, to
report to the appropriate committees of Congress on the pilot
program, including the level of participation, return on
investment, and recommendations to expand or discontinue the
pilot program.
Section 208. Authorization of appropriations; exit lane security.
This section would authorize appropriations for the TSA's
monitoring of passenger exit lane security at the amount of
$77,000,000 for FY 2018 through FY 2020. This is consistent
with FY 2017 funding.
Section 209. Real-time security checkpoint wait times.
This section would direct the TSA, not later than 18 months
after the date of enactment, to make publicly available
information on wait times at each airport security checkpoint.
The TSA would be required to provide this information in real
time via technology and publish it both online and in physical
locations at the applicable airport terminal in a manner that
does not increase public area security risks. This section also
would define the term ``wait time'' as the period beginning
when a passenger enters a queue for a screening checkpoint and
ending when the passenger has begun divestment of items
requiring screening at that checkpoint.
Section 210. GAO report on universal deployment of advanced imaging
technologies.
This section would require the GAO to assess the cost to
the TSA or an airport to redesign airport security areas to
fully deploy advanced imaging technologies at airports where
the TSA conducts or oversees security screening operations.
This study would identify the costs to the TSA or an airport to
purchase, install, and maintain advanced imaging technologies
and assets. This section also would require the GAO to submit a
report to the appropriate committees of Congress on the
findings of this study not later than 1 year after the date of
enactment of this Act.
Section 211. Testing and verification performance objectives.
This section would require the TSA to establish performance
objectives for the testing and verification of security
technology, including testing and verification conducted by
third parties, to ensure that progress is made toward reducing
the time for each phase of testing while maintaining security,
eliminating testing and verification delays, and increasing
accountability. This section also would require the TSA to
establish and continually track performance metrics for each
type of security technology submitted for testing and
verification to use these metrics to generate data on an
ongoing basis, and to measure progress toward the achievement
of the performance objectives established in this section.
Finally, this section would require the TSA to submit a report
to the appropriate committees of Congress assessing the extent
to which the performance objectives established in this section
have been met 2 years after the date of enactment of this Act.
Section 212. Computed tomography pilot program.
This section would direct the TSA to carry out a pilot
program to test the use of screening equipment using computed
tomography technology to screen baggage at passenger screening
checkpoints at airports not later than 90 days after the date
of enactment of this Act.
SUBTITLE B--PUBLIC AREA SECURITY
Section 221. Third party canines.
This section would require the TSA, not later than 120 days
after the date of enactment of this Act, to develop and issue
standards that a third party explosives detection canine team
must satisfy to be certified for the screening of individuals
and property in public areas of an airport. This section also
would require the TSA to enter into an agreement with at least
one third party entity, not later than 180 days after the date
of enactment of this Act, to test and certify the capabilities
of canine teams in accordance with the TSA-developed standards.
The Committee intends for the TSA to create an approved vendor
list including any third party entity with which the TSA enters
into an agreement. Before entering this agreement, this section
would require the TSA to do the following: evaluate the third
party's ability to effectively evaluate canine teams; designate
at least three evaluation centers to which vendors may send
canine teams for testing and certification by the third party;
and periodically assess the program at the evaluation centers
to ensure the proficiency of the canine team beyond the initial
testing and certification by the third party entity.
This section would authorize the TSA to use the other
transaction authority under section 114(m) of title 49, United
States Code, or other authority that the TSA Administrator
considers appropriate, to expedite the deployment of additional
canine teams. To determine best practices for the use of third
party entities to test and certify the capabilities of canine
teams, this section would require the TSA to consult with the
Secretary of State, non-profit organizations that train,
certify, and provide the services of canines, and institutions
of higher education with research programs related to the use
of canines for the screening of individuals and property before
entering into an agreement with a third party entity. Finally,
this section would require the TSA to develop and implement a
process for the TSA to procure third party explosives detection
canine teams certified under the TSA-developed standards, and
would direct the TSA to authorize an aviation stakeholder in
coordination with the Federal Security Director at an
applicable airport, to contract with, procure or purchase, and
deploy one or more third party explosives detection canine
teams certified under the TSA-developed standards to augment
public area security at that stakeholder's airport.
Section 222. Tracking and monitoring of canine training and testing.
This section would require the TSA to use, not later than
180 days after the date of enactment of this Act and to the
extent practicable, a digital monitoring system for all
training, testing, and validation or certification of public
and private canine assets utilized by the TSA to facilitate
improved review, data analysis, and record keeping of canine
testing performance and program administration.
Section 223. VIPR team statistics.
This section would require the TSA to notify the
appropriate committees of Congress not later than 90 days after
the date of enactment of this Act, and annually thereafter, of
the number of Visible Intermodal Prevention and Response (VIPR)
teams available for deployment at transportation facilities,
including the number of VIPR team operations that include
explosive detection canine teams and the distribution of VIPR
team operations deployed across different modes of
transportation.
Section 224. Public area best practices.
This section would require the TSA to periodically submit
to Federal Security Directors and appropriate aviation security
stakeholders information on any best practices developed by the
TSA or appropriate aviation stakeholders related to protecting
infrastructure from emerging threats to public spaces of
transportation venues. The TSA would be required to expand and
improve its information sharing with appropriate aviation
stakeholders, to continue to disseminate relevant intelligence
products and conduct classified briefings on a regular basis,
and to encourage aviation security stakeholders to utilize mass
notification systems to disseminate information to
transportation community employees, travelers, and the general
public.
This section also would require the DHS, in coordination
with the TSA, to expand public awareness programs to include
transportation network public area employees. Finally, this
section would allow an air carrier, airport, or airport
operator to utilize the Federal Bureau of Investigation's
(FBI's) Rap Back Service, and other vetting tools as
appropriate, including the No-Fly and Selectee lists, to get
immediate notification of any criminal activity relating to an
employee with access to an airport or its perimeter.
Section 225. Law Enforcement Officer Reimbursement Program.
This section would direct the TSA to increase the number of
awards and total amount of each award under the LEO
Reimbursement Program, and would authorize appropriations for
this program of $55,000,000 for each of FY 2018 through FY
2020. Funding for FY 2017 was $45,000,000. This section also
would require the TSA to review and, if necessary, revise the
regulations and compliance policies related to the LEO
Reimbursement Program to reduce any administrative burdens on
applicants or recipients.
SUBTITLE C--PASSENGER AND CARGO SECURITY
Section 231. PreCheck Program.
This section would require the TSA to administer and
expand, not later than 180 days after the date of enactment of
this Act, the PreCheck Program by requiring the TSA to enter
into an agreement with at least two private sector entities to
increase the methods and capabilities available for the public
to enroll in the program. At least one of these agreements
would be required to include a start-to-finish secure online or
mobile enrollment capability and vetting by means other than
biometrics, such as risk assessment, if the vetting is
evaluated and certified by the Secretary, meets the definition
of a qualified anti-terrorism technology under section 865 of
the Act of 2002, or is determined by the TSA Administrator to
provide a risk assessment that is as effective as fingerprint-
based criminal history record checks conducted by the FBI. At
least one of these agreements also would be required to include
start-to-finish secure online or mobile enrollment capability
and vetting of an applicant by means of biometrics if the
collection meets the standards developed by the National
Institute of Standards and Technology and protects any
personally identifiable information. This section also would
set target enrollment for the PreCheck Program at the following
levels: 7,000,000 passengers before October 1, 2018; 10,000,000
passengers before October 1, 2019; and 15,000,000 passengers
before October 1, 2020. According to the TSA, current
enrollments are at 5.4 million passengers.
This section also would require the TSA to enter into, not
later than 90 days after the date of enactment of this Act, at
least two agreements to market the PreCheck Program and to
implement a long-term strategy for partnering with the private
sector to encourage enrollment in the program. This section
also would enhance identity verification of enrollees in the
PreCheck Program by requiring the TSA to coordinate with
appropriate components of the DHS to verify the identities and
citizenships of enrollees, partner with the private sector to
use biometrics and authentication standards to facilitate
enrollment, and leverage existing resources of airports to
expedite identity verification. The TSA would be required to
ensure that PreCheck Program screening lanes are open and
available to enrollees during high-volume times at appropriate
airports, and make efforts to provide expedited screening to
enrollees in standard lanes when PreCheck Program screening
lanes are closed. The TSA would be required to initiate an
assessment to identify any security vulnerabilities in the
program's vetting process and would be required to ensure that
the PreCheck Program's enrollment capabilities are separate
from any other related TSA program, initiative, or procurement.
Finally, this section would require that any funds expended to
expand PreCheck enrollment are expended in a manner that meets
the requirements of this section.
Section 232. Trusted traveler programs; collaboration.
This section would require the TSA, in consultation with
the CBP, to review the PreCheck Program and each trusted
traveler program administered by the CBP, and to identify and
implement any improvements that can be made to such programs,
including by streamlining and integrating the requirements and
operations of such programs, increasing information and data
sharing across such programs, and allowing the public to access
and link applications for enrollment in these programs from one
online portal. In conducting this review, the TSA, in
consultation with the CBP, would be required to identify any
law, including any regulation, policy, or procedure, that may
inhibit collaboration among DHS agencies regarding these
programs and recommend any action that can be taken to
eliminate such barriers to collaboration or implementation.
Finally, this section would require that the TSA, in
consultation with the CBP, submit to the appropriate committees
of Congress a report on the findings of this review.
Section 233. Passenger security fee.
This section would amend a statutory provision imposing a
uniform security fee on passengers of air carriers by,
beginning on October 1, 2025, crediting such fees as offsetting
collections to appropriations made for aviation security
measures carried out by the TSA.
Section 234. Third party canine teams for air cargo security.
This section would direct the TSA to develop and issue
standards for the use of third party explosives detection
canine assets for the primary screening of air cargo, and would
require the TSA to facilitate the deployment of such assets
that meet the TSA-developed certification standards. This
section also would require that the TSA-developed certification
standards be made available to vendors seeking to train and
deploy third party explosive detection canine assets and that
all costs for the training, certification, and use of the
supplied canines be borne by private industry and not the
Federal Government.
Section 235. Known Shipper Program review.
This section would require the TSA to direct the Air Cargo
Subcommittee of ASAC to conduct a comprehensive review and
security assessment of the Known Shipper Program and submit its
findings and recommendations on whether the program should be
modified or if the program's objectives are being met by other
fulfilled mandates.
Section 236. Screening partnership program updates.
This section would allow an operator of an airport, airport
terminal, or airport security checkpoint, if the operator
chooses, to submit to the TSA an application for a private
screening company, chosen from a list of qualified companies
created by the TSA, to carry out the screening of property and
passengers pursuant to a contract with the TSA. Also, it would
require that the TSA either approve or deny such an application
within 30 days after receipt. If the application is approved,
the TSA would be required to enter into a contract with a
company to provide screening services within 60 days after the
selection of the company by the operator. The contract price
would be equal to or less than the comprehensive cost to the
Federal Government to provide such screening services. This
section also would require the TSA to approve or deny each
application to the Screening Partnership Program made before
enactment of this Act not later than 30 days after the date of
enactment.
Section 237. Screening performance assessments.
This section would require the TSA to quarterly provide to
the director of an airport an assessment of the screening
performance of that airport in comparison to the mean average
performance of all airports in the equivalent airport category
and a briefing on the results of performance data reports that
includes a scorecard of objective metrics related to passenger
throughput, wait times, and employee human capital measures
collected by the TSA.
Section 238. TSA Academy review.
This section would require the GAO to conduct an assessment
of the efficiency and effectiveness of the TSA Academy
regarding the training of new transportation security officers
(TSOs) at the TSA Academy compared to the training of new TSOs
when it was conducted at local airports. The section also would
require the GAO to submit a report on its findings and
recommendations to the appropriate committees of Congress not
later than 270 days after the date of enactment of this Act.
This assessment would be required to include a cost-benefit
analysis of training new TSOs and Screening Partnership Program
contractor hires at the TSA Academy, as well as an examination
of the impact on performance, professionalism, and retention
rates of such employees, and a comparison to the same standards
when the training had been conducted at the employees' local
airports. Finally, this assessment would examine whether new
hire training at the TSA Academy has had any impact on the
airports and companies that participate in the Screening
Partnership Program.
Section 239. Improvements for screening of disabled passengers.
This section would require the TSA to revise the training
requirements for TSOs related to the screening of disabled
passengers not later than 180 days after the date of enactment
of this Act. This section would require the TSA to address
certain training specifications in the revision of the training
requirements; implement revised training during initial and
recurrent training of all TSOs; record each complaint from a
disabled passenger; identify the most frequent concerns raised
or accommodations requested; determine the best practices for
addressing these concerns, and recommend appropriate training
based on such best practices; and require signage at the
security checkpoints at each Category X airport that specifies
how to contact and how to receive assistance from the
appropriate TSA employee at the airport designated to address
complaints of screening mistreatment based on disability. This
section also would require the TSA to submit a report to the
appropriate committees of Congress on the checkpoint
experiences of disabled passengers each FY.
SUBTITLE D--FOREIGN AIRPORT SECURITY
Section 241. Last point of departure airports; security directives.
This section would require the TSA, to the maximum extent
practicable, to consult and notify trade association
representatives for affected air carriers and relevant Federal
agencies prior to making changes to security standards via
security directives and emergency amendments for last points of
departure. The Committee understands that certain circumstances
and threat information may warrant immediate action by the TSA
Administrator without providing affected parties with any
advance notice or opportunity for consultation. Such was the
case, for example, with the printer cartridge plot in 2010, in
which improvised explosive devices were discovered in air cargo
originating in Yemen and destined for the United States. The
Committee intends to provide the TSA with flexibility when
timely updates are necessary, and does not intend to create
opportunities for air carriers to challenge or sue the TSA if
they are not adequately consulted. The GAO would be required to
review, not later than 1 year after the date of enactment of
this Act, the effectiveness of the TSA process to update,
consolidate, or revoke security directives, emergency
amendments, and other policies related to international
aviation security at LPD airports, and submit a report on its
findings and any recommendations to the appropriate committees
of Congress. This section also would require the TSA to
immediately rescreen passengers and baggage arriving from an
airport outside the United States upon discovery of specific
threat intelligence, and to notify the appropriate committees
of Congress not later than 1 day after the TSA determines that
a foreign air carrier is in violation of applicable security
requirements.
Section 242. Tracking security screening equipment from last point of
departure airports.
This section would require the TSA, before any donation of
security screening equipment to a foreign LPD airport operator,
to report to Congress on how foreign government officials will
document and track removal or disposal of screening equipment
to ensure that it does not come into the possession of
terrorists or otherwise pose a risk to security. The TSA also
would be required to collaborate with other aviation
authorities to advance a global standard for each international
airport to document and track the removal and disposal of any
security screening equipment to ensure that the equipment does
not come into the possession of a terrorist or otherwise pose a
security risk.
Section 243. International security standards.
This section would require the TSA to consult with the
Ambassador to the International Civil Aviation Organization
(ICAO) and notify the appropriate committees of Congress of any
proposed international improvements to aviation security not
later than 90 days after the date of enactment of this Act. The
TSA Administrator and Ambassador would be required to take any
action they consider necessary to advance such aviation
security proposals and brief the appropriate committees of
Congress on the implementation of such proposals not later than
180 days after the date of enactment of this Act.
SUBTITLE E--COCKPIT AND CABIN SECURITY
Section 251. Federal air marshal service updates.
This section would require the TSA to develop a standard
written agreement not later than 60 days after the date of
enactment of this Act for all future negotiations and
agreements between the United States Government and foreign
governments regarding Federal air marshal coverage of flights
to and from the United States. Not later than 180 days after
enactment, all such agreements would be required to be in
writing and signed by the TSA Administrator or another
authorized United States Government representative, except in
specific instances. For every such agreement, the TSA would be
required to transmit a copy of the agreement to the appropriate
committees of Congress within 30 days of the date the agreement
is signed or, if there is no written agreement, to submit to
the appropriate committees of Congress the name of the
applicable foreign government or partner, an explanation for
why no written agreement exists, and a justification for the
determination that such mission is necessary for aviation
security. This section also would require the TSA to endeavor
to acquire automated capabilities or technologies for
scheduling Federal air marshal service missions based on
current risk modeling.
Section 252. Crew member self-defense training.
This section would require the TSA, in consultation with
the FAA, to continue to carry out and encourage increased
participation by air carrier employees in the TSA's voluntary
self-defense training program.
Section 253. Flight deck safety and security.
This section would require the TSA, not later than 90 days
after the date of enactment of this Act, to consult with the
FAA to complete a detailed threat assessment to identify any
safety or security risks associated with unauthorized access to
the flight decks on commercial aircraft, as well as any
appropriate measures that should be taken based on such risks.
This section also would require the TSA, in coordination with
the FAA, to disseminate RTCA Document (DO-329) Aircraft
Secondary Barriers and Alternative Flight Deck Security
Procedure to aviation stakeholders, including air carriers and
flight crew, to convey effective methods and best practices to
protect the flight deck.
Section 254. Carriage of weapons, explosives, and incendiaries by
individuals.
This section would require the TSA to periodically review
and amend the interpretive rule (68 Fed. Reg. 7444) that
provides guidance to the public on the types of property
prohibited from being carried on an airplane under section
1540.111 of title 14, Code of Federal Regulations. Before
amending the interpretive rule to include or remove a
prohibited item from the list, the TSA would be required to
consult with appropriate aviation security stakeholders,
including ASAC, and to research and evaluate the impact of the
action on security risks or screening operations and whether
the amendment is consistent with international standards and
guidance. This section also would prohibit amending the
interpretive rule to allow any knife into an airport sterile
area or the cabin of an aircraft, with the exception of plastic
or round bladed butter knives. For any amendment to the
interpretive rule, the TSA would be required to publish the
amendment in the Federal Register and notify the appropriate
committees of Congress no later than 3 days before such
publication.
Section 255. Federal flight deck officer program improvements.
This section would require the TSA to designate additional
firearms training facilities for recurrent and requalifying
training of FFDOs and allow FFDOs to requalify at TSA-approved
firearms training facilities, which are defined as private or
government-owned gun ranges approved by the TSA to provide
recurrent or requalification training utilizing a TSA-approved
contractor and a curriculum developed and approved by the TSA.
It also would require the TSA to periodically review
requalification training intervals and assess whether it is
appropriate and sufficient to adjust the time between each
requalification training to facilitate continued participation
in the FFDO program while still maintaining the effectiveness
of the training. It also would require the TSA to periodically
review initial and recurrent training requirements and evaluate
how training requirements, including the length of training,
could be streamlined while maintaining the effectiveness of the
training. Moreover, and in accordance with any applicable TSA
application appeals processes, an inactive FFDO would be able
to return to active status upon successful completion of a
recurrent training program.
This section also would provide that the TSA may not
establish medical or physical standards for a pilot to become a
FFDO that are inconsistent with or more stringent than FAA
requirements for the issuance of the required airman medical
certificate under existing regulations.
Finally, this section would harmonize, to the extent
practicable, the policies relating to the carriage of firearms
on flights in foreign air transportation by FFDOs with the
policies of the Federal air marshal program for carrying
firearms on such flights and carrying out FFDO duties,
notwithstanding Annex 17 of the ICAO.
TITLE III--CONFORMING AND MISCELLANEOUS AMENDMENTS
The provisions in this title generally would make technical
and conforming edits to title 49 of the United States Code,
including by updating the current title of the TSA
Administrator and transferring authorities granted to the Under
Secretary of Transportation for Security at the Department of
Transportation to the Administrator of the TSA under the DHS.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III. EMPLOYEES
SUBPART D. PAY AND ALLOWANCES
CHAPTER 53. PAY RATES AND SYSTEMS
SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES
Sec. 5313. Positions at level II
Level II of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
* * * * * * *
Under Secretary of Homeland Security for Management.
Administrator of the Transportation Security
Administration.
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
* * * * * * *
Deputy Administrator, Federal Aviation Administration.
Deputy Administrator, Transportation Security
Administration.
* * * * * * *
TITLE 49. TRANSPORTATION
SUBTITLE I. DEPARTMENT OF TRANSPORTATION
CHAPTER 1. ORGANIZATION
Sec. 106. Federal Aviation Administration
(a) * * *
[(g) Duties and Powers of Administrator.--
[(1) Except as provided in paragraph (2) of this
subsection, the Administrator shall carry out--
[(A) duties and powers of the Secretary of
Transportation under subsection (f) of this
section related to aviation safety (except
those related to transportation, packaging,
marking, or description of hazardous material)
and stated in sections 308(b), 1132(c) and (d),
40101(c), 40103(b), 40106(a), 40108, 40109(b),
40113(a), 40113(c), 40113(d), 40113(e),
40114(a), and 40119, chapter 445 (except
sections 44501(b), 44502(a)(2), 44502(a)(3),
44502(a)(4), 44503, 44506, 44509, 44510, 44514,
and 44515), chapter 447 (except sections 44717,
44718(a), 44718(b), 44719, 44720, 44721(b),
44722, and 44723), chapter 449 (except sections
44903(d), 44904, 44905, 44907-44911, 44913,
44915, and 44931-44934), chapter 451, chapter
453, sections 46104, 46301(d) and (h)(2),
46303(c), 46304-46308, 46310, 46311, and 46313-
46316, chapter 465, and sections 47504(b)
(related to flight procedures), 47508(a), and
48107 of this title; and
[(B) additional duties and powers prescribed
by the Secretary of Transportation.
[(2) In carrying out sections 40119, 44901, 44903(a)-
(c) and (e), 44906, 44912, 44935-44937, 44938(a) and
(b), and 48107 of this title, paragraph (1)(A) of this
subsection does not apply to duties and powers vested
in the Director of Intelligence and Security by section
44931 of this title.]
(g) Duties and Powers of Administrator.--The Administrator
shall carry out the following:
(1) Duties and powers of the Secretary of
Transportation under subsection (f) of this section
related to aviation safety (except those related to
transportation, packaging, marking, or description of
hazardous material) and stated in the following:
(A) Section 308(b).
(B) Subsections (c) and (d) of section 1132.
(C) Sections 40101(c), 40103(b), 40106(a),
40108, 40109(b), 40113(a), 40113(c), 40113(d),
40113(e), and 40114(a).
(D) Chapter 445, except sections 44501(b),
44502(a)(2), 44502(a)(3), 44502(a)(4), 44503,
44506, 44509, 44510, 44514, and 44515.
(E) Chapter 447, except sections 44717,
44718(a), 44718(b), 44719, 44720, 44721(b),
44722, and 44723.
(F) Chapter 451.
(G) Chapter 453.
(H) Section 46104.
(I) Subsections (d) and (h)(2) of section
46301 and sections 46303(c), 46304 through
46308, 46310, 46311, and 46313 through 46316.
(J) Chapter 465.
(K) Sections 47504(b) (related to flight
procedures), 47508(a), and 48107.
(2) Additional duties and powers prescribed by the
Secretary of Transportation.
(h) * * *
Sec. 114. Transportation Security Administration
(a) In General.--The Transportation Security Administration
shall be an administration of the [Department of
Transportation] Department of Homeland Security.
[(b) Under Secretary.--
[(1) Appointment.--The head of the Administration
shall be the Under Secretary of Transportation for
Security. The Under Secretary shall be appointed by the
President, by and with the advice and consent of the
Senate.
[(2) Qualifications.--The Under Secretary must--
[(A) be a citizen of the United States; and
[(B) have experience in a field directly
related to transportation or security.
[(3) Term.--The term of office of an individual
appointed as the Under Secretary shall be 5 years.]
(b) Leadership.--
(1) Head of transportation security administration.--
(A) Appointment.--The head of the
Administration shall be the Administrator of
the Transportation Security Administration
(referred to in this section as the
``Administrator''). The Administrator shall be
appointed by the President, by and with the
advice and consent of the Senate.
(B) Qualifications.--The Administrator must--
(i) be a citizen of the United
States; and
(ii) have experience in a field
directly related to transportation or
security.
(C) Term.--Effective with respect to any
individual appointment by the President, by and
with the advice and consent of the Senate,
after August 1, 2017, the term of office of an
individual appointed as the Administrator shall
be 5 years.
(2) Deputy administrator.--
(A) Appointment.--There is established in the
Transportation Security Administration a Deputy
Administrator, who shall assist the
Administrator in the management of the
Transportation Security Administration. The
Deputy Administrator shall be appointed by the
President. The Deputy Administrator shall be
Acting Administrator during the absence or
incapacity of the Administrator or during a
vacancy in the office of Administrator.
(B) Qualifications.--The Deputy Administrator
must--
(i) be a citizen of the United
States; and
(ii) have experience in a field
directly related to transportation or
security.
(c) Limitation on Ownership of Stocks and Bonds.--The [Under
Secretary] Administrator may not own stock in or bonds of a
transportation or security enterprise or an enterprise that
makes equipment that could be used for security purposes.
[(d) Functions.--The Under Secretary shall be responsible for
security in all modes of transportation, including--
[(1) carrying out chapter 449, relating to civil
aviation security, and related research and development
activities; and
[(2) security responsibilities over other modes of
transportation that are exercised by the Department of
Transportation.]
(d) Functions.--The Administrator shall be responsible for--
(1) carrying out chapter 449, relating to civil
aviation security, and related research and development
activities;
(2) security in land-based transportation, including
railroad, highway, pipeline, public transportation, and
over-the-road bus; and
(3) supporting the Coast Guard with maritime
security.
(e) Screening Operations.--The [Under Secretary]
Administrator shall--
(1) be responsible for day-to-day Federal security
screening operations for passenger air transportation
and intrastate air transportation under sections 44901
and 44935;
(2) develop standards for the hiring and retention of
security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel
to provide security screening at all airports in the
United States where screening is required under section
44901, in consultation with the Secretary of
Transportation and the heads of other appropriate
Federal agencies and departments.
(f) Additional Duties and Powers.--In addition to carrying
out the functions specified in subsections (d) and (e), the
[Under Secretary] Administrator shall--
(1) receive, assess, and distribute intelligence
information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
(4) make other plans related to transportation
security, including coordinating countermeasures with
appropriate departments, agencies, and
instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation
security to the intelligence and law enforcement
communities;
(6) on a day-to-day basis, manage and provide
operational guidance to the field security resources of
the Administration, including Federal Security Managers
as provided by section 44933;
(7) enforce security-related regulations and
requirements;
(8) identify and undertake research and development
activities necessary to enhance transportation
security;
(9) inspect, maintain, and test security facilities,
equipment, and systems;
(10) ensure the adequacy of security measures for the
transportation of cargo;
(11) oversee the implementation, and ensure the
adequacy, of security measures at airports and other
transportation facilities;
(12) require background checks for airport security
screening personnel, individuals with access to secure
areas of airports, and other transportation security
personnel;
(13) work in conjunction with the Administrator of
the Federal Aviation Administration with respect to any
actions or activities that may affect aviation safety
or air carrier operations;
(14) work with the International Civil Aviation
Organization and appropriate aeronautic authorities of
foreign governments under section 44907 to address
security concerns on passenger flights by foreign air
carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such
other powers, relating to transportation security as
the [Under Secretary] Administrator considers
appropriate, to the extent authorized by law.
(g) National Emergency Responsibilities.--
(1) In general.--[Subject to the direction and
control of the Secretary] Subject to the direction and
control of the Secretary of Homeland Security, the
[Under Secretary] Administrator, during a national
emergency, shall have the following responsibilities:
(A) To coordinate domestic transportation,
including aviation, rail, and other surface
transportation, and maritime transportation
(including port security).
(B) To coordinate and oversee the
transportation-related responsibilities of
other departments and agencies of the Federal
Government other than the Department of Defense
and the military departments.
(C) To coordinate and provide notice to other
departments and agencies of the Federal
Government, and appropriate agencies of State
and local governments, including departments
and agencies for transportation, law
enforcement, and border control, about threats
to transportation.
(D) To carry out such other duties, and
exercise such other powers, relating to
transportation during a national emergency as
the Secretary of Homeland Security shall
prescribe.
(2) Authority of other departments and agencies.--The
authority of the [Under Secretary] Administrator under
this subsection shall not supersede the authority of
any other department or agency of the Federal
Government under law with respect to transportation or
transportation-related matters, whether or not during a
national emergency.
(3) Circumstances.--The Secretary of Homeland
Security shall prescribe the circumstances constituting
a national emergency for purposes of this subsection.
(h) Management of Security Information.--In consultation with
the Transportation Security Oversight Board, the [Under
Secretary] Administrator shall--
(1) enter into memoranda of understanding with
Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals
identified on Federal agency databases who may pose a
risk to transportation or national security;
(2) establish procedures for notifying the
Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials,
and airport or airline security officers of the
identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat
to airline or passenger safety;
(3) in consultation with other appropriate Federal
agencies and air carriers, establish policies and
procedures requiring air carriers--
(A) to use information from government
agencies to identify individuals on passenger
lists who may be a threat to civil aviation or
national security; and
(B) if such an individual is identified,
notify appropriate law enforcement agencies,
prevent the individual from boarding an
aircraft, or take other appropriate action with
respect to that individual; and
(4) consider requiring passenger air carriers to
share passenger lists with appropriate Federal agencies
for the purpose of identifying individuals who may pose
a threat to aviation safety or national security.
(i) View of NTSB.--In taking any action under this section
that could affect safety, the [Under Secretary] Administrator
shall give great weight to the timely views of the National
Transportation Safety Board.
(j) Acquisitions.--
(1) In general.--The [Under Secretary] Administrator
is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise) such real property,
or any interest therein, within and outside the
continental United States, as the [Under
Secretary] Administrator considers necessary;
(B) to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain such personal
property (including office space and patents),
or any interest therein, within and outside the
continental United States, as the [Under
Secretary] Administrator considers necessary;
(C) to lease to others such real and personal
property and to provide by contract or
otherwise for necessary facilities for the
welfare of its employees and to acquire,
maintain, and operate equipment for these
facilities;
(D) to acquire services, including such
personal services as the Secretary of Homeland
Security determines necessary, and to acquire
(by purchase, lease, condemnation, or
otherwise) and to construct, repair, operate,
and maintain research and testing sites and
facilities; and
(E) in cooperation with the Administrator of
the Federal Aviation Administration, to utilize
the research and development facilities of the
Federal Aviation Administration.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(k) Transfers of Funds.--The [Under Secretary] Administrator
is authorized to accept transfers of unobligated balances and
unexpended balances of funds appropriated to other Federal
agencies (as such term is defined in section 551(1) of title 5)
to carry out [functions transferred, on or after the date of
enactment of the Aviation and Transportation Security Act,]
functions assigned by law to the [Under Secretary]
Administrator.
(l) Regulations.--
(1) In general.--The [Under Secretary] Administrator
is authorized to issue, rescind, and revise such
regulations as are necessary to carry out the functions
of the Administration.
(2) Emergency procedures.--
(A) In general.--Notwithstanding any other
provision of law or executive order (including
an executive order requiring a cost-benefit
analysis), if the [Under Secretary]
Administrator determines that a regulation or
security directive must be issued immediately
in order to protect transportation security,
the [Under Secretary] Administrator shall issue
the regulation or security directive without
providing notice or an opportunity for comment
and without prior approval of the Secretary.
(B) Review by transportation security
oversight board.--Any regulation or security
directive issued under this paragraph shall be
subject to review by the Transportation
Security Oversight Board established under
section 115. Any regulation or security
directive issued under this paragraph shall
remain effective for a period not to exceed 90
days unless ratified or disapproved by the
Board or rescinded by the [Under Secretary]
Administrator.
(3) Factors to consider.--In determining whether to
issue, rescind, or revise a regulation under this
section, the [Under Secretary] Administrator shall
consider, as a factor in the final determination,
whether the costs of the regulation are excessive in
relation to the enhancement of security the regulation
will provide. The [Under Secretary] Administrator may
waive requirements for an analysis that estimates the
number of lives that will be saved by the regulation
and the monetary value of such lives if the [Under
Secretary] Administrator determines that it is not
feasible to make such an estimate.
(4) Airworthiness objections by faa.--
(A) In general.--The [Under Secretary]
Administrator shall not take an aviation
security action under this title if the
Administrator of the Federal Aviation
Administration notifies the [Under Secretary]
Administrator that the action could adversely
affect the airworthiness of an aircraft.
(B) Review by secretary.--Notwithstanding
subparagraph (A), the [Under Secretary]
Administrator may take such an action, after
receiving a notification concerning the action
from the [Administrator under subparagraph (A)]
Administrator of the Federal Aviation
Administration under subparagraph (A), if the
Secretary of Transportation subsequently
approves the action.
(m) Personnel and Services; Cooperation by Under Secretary.--
(1) Authority of under secretary.--In carrying out
the functions of the Administration, the [Under
Secretary] Administrator shall have the same authority
as is provided to the Administrator of the Federal
Aviation Administration under subsections (l) and (m)
of section 106.
(2) Authority of agency heads.--The head of a Federal
agency shall have the same authority to provide
services, supplies, equipment, personnel, and
facilities to the [Under Secretary] Administrator as
the head has to provide services, supplies, equipment,
personnel, and facilities to the Administrator of the
Federal Aviation Administration under section 106(m).
(n) Personnel Management System.--The personnel management
system established by the Administrator of the Federal Aviation
Administration under section 40122 shall apply to employees of
the Transportation Security Administration, or, subject to the
requirements of such section, the [Under Secretary]
Administrator may make such modifications to the personnel
management system with respect to such employees as the [Under
Secretary] Administrator considers appropriate, such as
adopting aspects of other personnel systems of the [Department
of Transportation] Department of Homeland Security.
(o) Authority of Inspector General.--The Transportation
Security Administration shall be subject to the Inspector
General Act of 1978 (5 U.S.C. App.) and other laws relating to
the authority of the Inspector General of the [Department of
Transportation] Department of Homeland Security.
(p) Law Enforcement Powers.--
(1) In general.--The [Under Secretary] Administrator
may designate an employee of the Transportation
Security Administration or other Federal agency to
serve as a law enforcement officer.
(2) Powers.--While engaged in official duties of the
Administration as required to fulfill the
responsibilities under this section, a law enforcement
officer designated under paragraph (1) may--
(A) carry a firearm;
(B) make an arrest without a warrant for any
offense against the United States committed in
the presence of the officer, or for any felony
cognizable under the laws of the United States
if the officer has probable cause to believe
that the person to be arrested has committed or
is committing the felony; and
(C) seek and execute warrants for arrest or
seizure of evidence issued under the authority
of the United States upon probable cause that a
violation has been committed.
(3) Guidelines on exercise of authority.--The
authority provided by this subsection shall be
exercised in accordance with guidelines prescribed by
the [Under Secretary] Administrator, in consultation
with the Attorney General of the United States, and
shall include adherence to the Attorney General's
policy on use of deadly force.
(4) Revocation or suspension of authority.--The
powers authorized by this subsection may be rescinded
or suspended should the Attorney General determine that
the [Under Secretary] Administrator has not complied
with the guidelines prescribed in paragraph (3) and
conveys the determination in writing to the [Secretary
of Transportation] Secretary of Homeland Security and
the [Under Secretary] Administrator.
(q) Authority to Exempt.--The [Under Secretary] Administrator
may grant an exemption from a regulation prescribed in carrying
out this section if the [Under Secretary] Administrator
determines that the exemption is in the public interest.
(r) Nondisclosure of Security Activities.--
(1) In general.--Notwithstanding section 552 of title
5, the [Under Secretary] Administrator shall prescribe
regulations prohibiting the disclosure of information
obtained or developed in carrying out security under
authority of the Aviation and Transportation Security
Act (Public Law 107-71) or under chapter 449 of this
title if the [Under Secretary] Administrator decides
that disclosing the information would--
(A) be an unwarranted invasion of personal
privacy;
(B) reveal a trade secret or privileged or
confidential commercial or financial
information; or
(C) be detrimental to the security of
transportation.
(2) Availability of information to congress.--
Paragraph (1) does not authorize information to be
withheld from a committee of Congress authorized to
have the information.
(3) Limitation on transferability of duties.--Except
as otherwise provided by law, the [Under Secretary]
Administrator may not transfer a duty or power under
this subsection to another department, agency, or
instrumentality of the United States.
(4) Limitations.--Nothing in this subsection, or any
other provision of law, shall be construed to authorize
the designation of information as sensitive security
information (as defined in section 1520.5 of title 49,
Code of Federal Regulations)--
(A) to conceal a violation of law,
inefficiency, or administrative error;
(B) to prevent embarrassment to a person,
organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of
information that does not require protection in
the interest of transportation security,
including basic scientific research information
not clearly related to transportation security.
(s) Transportation Security Strategic Planning.--
(1) In general.--The Secretary of Homeland Security
shall develop, prepare, implement, and update, as
needed--
(A) a National Strategy for Transportation
Security; and
(B) transportation modal security plans
addressing security risks, including threats,
vulnerabilities, and consequences, for
aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-the-road
bus, and other transportation infrastructure
assets.
(2) Role of secretary of transportation.--The
Secretary of Homeland Security shall work jointly with
the Secretary of Transportation in developing,
revising, and updating the documents required by
paragraph (1).
(3) Contents of national strategy for transportation
security.--The National Strategy for Transportation
Security shall include the following:
(A) An identification and evaluation of the
transportation assets in the United States
that, in the interests of national security and
commerce, must be protected from attack or
disruption by terrorist or other hostile
forces, including modal security plans for
aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass
transit, over-the-road bus, and other public
transportation infrastructure assets that could
be at risk of such an attack or disruption.
(B) The development of risk-based priorities,
based on risk assessments conducted or received
by the Secretary of Homeland Security
(including assessments conducted under the
Implementing Recommendations of the 9/11
Commission Act of 2007) across all
transportation modes and realistic deadlines
for addressing security needs associated with
those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and
cost-effective means of defending those assets
against threats to their security.
(D) A forward-looking strategic plan that
sets forth the agreed upon roles and missions
of Federal, State, regional, local, and tribal
authorities and establishes mechanisms for
encouraging cooperation and participation by
private sector entities, including nonprofit
employee labor organizations, in the
implementation of such plan.
(E) A comprehensive delineation of
prevention, response, and recovery
responsibilities and issues regarding
threatened and executed acts of terrorism
within the United States and threatened and
executed acts of terrorism outside the United
States to the extent such acts affect United
States transportation systems.
(F) A prioritization of research and
development objectives that support
transportation security needs, giving a higher
priority to research and development directed
toward protecting vital transportation assets.
Transportation security research and
development projects shall be based, to the
extent practicable, on such prioritization.
Nothing in the preceding sentence shall be
construed to require the termination of any
research or development project initiated by
the Secretary of Homeland Security or the
Secretary of Transportation before the date of
enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal
transportation security programs that will
achieve the priorities of the National Strategy
for Transportation Security.
(H) Methods for linking the individual
transportation modal security plans and the
programs contained therein, and a plan for
addressing the security needs of intermodal
transportation.
(I) Transportation modal security plans
described in paragraph (1)(B), including
operational recovery plans to expedite, to the
maximum extent practicable, the return to
operation of an adversely affected
transportation system following a major
terrorist attack on that system or other
incident. These plans shall be coordinated with
the resumption of trade protocols required
under section 202 of the SAFE Port Act (6
U.S.C. 942) and the National Maritime
Transportation Security Plan required under
section 70103(a) of title 46.
(4) [Submissions of plans to congress] submission of
plans.--
[(A) Initial strategy.--The Secretary of
Homeland Security shall submit the National
Strategy for Transportation Security, including
the transportation modal security plans,
developed under this subsection to the
appropriate congressional committees not later
than April 1, 2005.]
[(B)](A) [Subsequent versions] in general.--
[After December 31, 2005, the] The Secretary of
Homeland Security shall submit the National
Strategy for Transportation Security, including
the transportation modal security plans and any
revisions to the National Strategy for
Transportation Security and the transportation
modal security plans, to appropriate
congressional committees not less frequently
than April 1 of each even-numbered year.
[(C)](B) Periodic progress report.--
(i) Requirement for report.--Each
year, in conjunction with the
submission of the budget to Congress
under section 1105(a) of title 31,
United States Code, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees an
assessment of the progress made on
implementing the National Strategy for
Transportation Security, including the
transportation modal security plans.
(ii) Content.--Each progress report
submitted under this subparagraph shall
include, at a minimum, the following:
(I) Recommendations for
improving and implementing the
National Strategy for
Transportation Security and the
transportation modal and
intermodal security plans that
the Secretary of Homeland
Security, in consultation with
the Secretary of
Transportation, considers
appropriate.
(II) An accounting of all
grants for transportation
security, including grants and
contracts for research and
development, awarded by the
Secretary of Homeland Security
in the most recent fiscal year
and a description of how such
grants accomplished the goals
of the National Strategy for
Transportation Security.
(III) An accounting of all--
(aa) funds requested
in the President's
budget submitted
pursuant to section
1105 of title 31 for
the most recent fiscal
year for transportation
security, by mode;
(bb) personnel
working on
transportation security
by mode, including the
number of contractors;
and
(cc) information on
the turnover in the
previous year among
senior staff of the
Department of Homeland
Security, including
component agencies,
working on
transportation security
issues. Such
information shall
include the number of
employees who have
permanently left the
office, agency, or area
in which they worked,
and the amount of time
that they worked [for
the Department] for the
Department of Homeland
Security.
(iii) Written explanation of
transportation security activities not
delineated in the national strategy for
transportation security.--At the end of
each fiscal year, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees a
written explanation of any Federal
transportation security activity that
is inconsistent with the National
Strategy for Transportation Security,
including the amount of funds to be
expended for the activity and the
number of personnel involved.
[(D)](C) Classified material.--Any part of
the National Strategy for Transportation
Security or the transportation modal security
plans that involve information that is properly
classified under criteria established by
Executive order shall be submitted to the
appropriate congressional committees separately
in a classified format.
[(E)](D) Appropriate congressional committees
defined.--In this subsection, the term
``appropriate congressional committees'' means
the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives and
the Committee on Commerce, Science, and
Transportation, the Committee on Homeland
Security and Governmental Affairs, and the
Committee on Banking, Housing, and Urban
Affairs of the Senate.
(5) Priority status.--
(A) In general.--The National Strategy for
Transportation Security shall be the governing
document for Federal transportation security
efforts.
(B) Other plans and reports.--The National
Strategy for Transportation Security shall
include, as an integral part or as an
appendix--
(i) the current National Maritime
Transportation Security Plan under
section 70103 of title 46;
(ii) the report required by section
44938 of this title;
(iii) transportation modal security
plans required under this section;
(iv) the transportation sector
specific plan required under Homeland
Security Presidential Directive-7; and
(v) any other transportation security
plan or report that the Secretary of
Homeland Security determines
appropriate for inclusion.
(6) Coordination.--In carrying out the
responsibilities under this section, the Secretary of
Homeland Security, in coordination with the Secretary
of Transportation, shall consult, as appropriate, with
Federal, State, and local agencies, tribal governments,
private sector entities (including nonprofit employee
labor organizations), institutions of higher learning,
and other entities.
(7) Plan distribution.--The Secretary of Homeland
Security shall make available and appropriately
publicize an unclassified version of the National
Strategy for Transportation Security, including its
component transportation modal security plans, to
Federal, State, regional, local and tribal authorities,
transportation system owners or operators, private
sector stakeholders, including nonprofit employee labor
organizations representing transportation employees,
institutions of higher learning, and other appropriate
entities.
[(u)](t) Transportation Security Information Sharing Plan.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' has the meaning given that term in
subsection (s)(4)(E).
(B) Plan.--The term ``Plan'' means the
Transportation Security Information Sharing
Plan established under paragraph (2).
(C) Public and private stakeholders.--The
term ``public and private stakeholders'' means
Federal, State, and local agencies, tribal
governments, and appropriate private entities,
including nonprofit employee labor
organizations representing transportation
employees.
[(D) Secretary.--The term ``Secretary'' means
the Secretary of Homeland Security.]
[(E)](D) Transportation security
information.--The term ``transportation
security information'' means information
relating to the risks to transportation modes,
including aviation, public transportation,
railroad, ferry, highway, maritime, pipeline,
and over-the-road bus transportation, and may
include specific and general intelligence
products, as appropriate.
(2) Establishment of plan.--The Secretary of Homeland
Security, in consultation with the program manager of
the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), the Secretary of
Transportation, and public and private stakeholders,
shall establish a Transportation Security Information
Sharing Plan. In establishing the Plan, the Secretary
of Homeland Security shall gather input on the
development of the Plan from private and public
stakeholders and the program manager of the information
sharing environment established under section 1016 of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485).
(3) Purpose of plan.--The Plan shall promote sharing
of transportation security information between the
Department of Homeland Security and public and private
stakeholders.
(4) Content of plan.--The Plan shall include--
(A) a description of how intelligence
analysts within the Department of Homeland
Security will coordinate their activities
within the Department and with other Federal,
State, and local agencies, and tribal
governments, including coordination with
existing modal information sharing centers and
the center described in section 1410 of the
Implementing Recommendations of the 9/11
Commission Act of 2007;
(B) the establishment of a point of contact,
which may be a single point of contact within
the Department of Homeland Security, for each
mode of transportation for the sharing of
transportation security information with public
and private stakeholders, including an
explanation and justification to the
appropriate congressional committees if the
point of contact established pursuant to this
subparagraph differs from the agency within the
Department of Homeland Security that has the
primary authority, or has been delegated such
authority by the Secretary of Homeland
Security, to regulate the security of that
transportation mode;
(C) a reasonable deadline by which the Plan
will be implemented; and
(D) a description of resource needs for
fulfilling the Plan.
(5) Coordination with information sharing.--The Plan
shall be--
(A) implemented in coordination, as
appropriate, with the program manager for the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
(B) consistent with the establishment of the
information sharing environment and any
policies, guidelines, procedures, instructions,
or standards established by the President or
the program manager for the implementation and
management of the information sharing
environment.
[(6) Reports to congress.--
[(A) In general.--Not later than 150 days
after the date of enactment of this subsection,
and annually thereafter, the Secretary shall
submit to the appropriate congressional
committees, a report containing the Plan.
[(B) Annual report.--Not later than 1 year
after the date of enactment of this subsection,
the Secretary shall submit to the appropriate
congressional committees a report on updates to
and the implementation of the Plan.]
(6) Annual report on plan.--The Secretary of Homeland
Security shall annually submit to the appropriate
congressional committees a report containing the Plan.
(7) Security clearances.--The Secretary of Homeland
Security shall, to the greatest extent practicable,
take steps to expedite the security clearances needed
for designated public and private stakeholders to
receive and obtain access to classified information
distributed under this section, as appropriate.
(8) Classification of material.--The Secretary of
Homeland Security, to the greatest extent practicable,
shall provide designated public and private
stakeholders with transportation security information
in an unclassified format.
[(v)](u) Enforcement of Regulations and Orders of the
Secretary of Homeland Security.--
(1) Application of subsection.--
(A) In general.--This subsection applies to
the enforcement of regulations prescribed, and
orders issued, by the Secretary of Homeland
Security under a provision of chapter 701 of
title 46 and under a provision of this title
other than a provision of chapter 449 (in this
subsection referred to as an ``applicable
provision of this title'').
(B) Violations of chapter 449.--The penalties
for violations of regulations prescribed and
orders issued by the Secretary of Homeland
Security or the Administrator under chapter 449
of this title are provided under chapter 463 of
this title.
(C) Nonapplication to certain violations.--
(i) Paragraphs (2) through (5) do not
apply to violations of regulations
prescribed, and orders issued, by the
Secretary of Homeland Security under a
provision of this title--
(I) involving the
transportation of personnel or
shipments of materials by
contractors where the
Department of Defense has
assumed control and
responsibility;
(II) by a member of the armed
forces of the United States
when performing official
duties; or
(III) by a civilian employee
of the Department of Defense
when performing official
duties.
(ii) Violations described in
subclause (I), (II), or (III) of clause
(i) shall be subject to penalties as
determined by the Secretary of Defense
or the [Secretary's designee] Secretary
of Defense's designee.
(2) Civil penalty.--
(A) In general.--A person is liable to the
United States Government for a civil penalty of
not more than $10,000 for a violation of a
regulation prescribed, or order issued, by the
Secretary of Homeland Security under an
applicable provision of this title.
(B) Repeat violations.--A separate violation
occurs under this paragraph for each day the
violation continues.
(3) Administrative imposition of civil penalties.--
(A) In general.--The Secretary of Homeland
Security may impose a civil penalty for a
violation of a regulation prescribed, or order
issued, under an applicable provision of this
title. The Secretary shall give written notice
of the finding of a violation and the penalty.
(B) Scope of civil action.--In a civil action
to collect a civil penalty imposed by the
Secretary of Homeland Security under this
subsection, a court may not re-examine issues
of liability or the amount of the penalty.
(C) Jurisdiction.--The district courts of the
United States shall have exclusive jurisdiction
of civil actions to collect a civil penalty
imposed by the Secretary of Homeland Security
under this subsection if--
(i) the amount in controversy is more
than--
(I) $400,000, if the
violation was committed by a
person other than an individual
or small business concern; or
(II) $50,000 if the violation
was committed by an individual
or small business concern;
(ii) the action is in rem or another
action in rem based on the same
violation has been brought; or
(iii) another action has been brought
for an injunction based on the same
violation.
(D) Maximum penalty.--The maximum civil
penalty the Secretary of Homeland Security
administratively may impose under this
paragraph is--
(i) $400,000, if the violation was
committed by a person other than an
individual or small business concern;
or
(ii) $50,000, if the violation was
committed by an individual or small
business concern.
(E) Notice and opportunity to request
hearing.--Before imposing a penalty under this
section the Secretary of Homeland Security
shall provide to the person against whom the
penalty is to be imposed--
(i) written notice of the proposed
penalty; and
(ii) the opportunity to request a
hearing on the proposed penalty, if the
Secretary of Homeland Security receives
the request not later than 30 days
after the date on which the person
receives notice.
(4) Compromise and setoff.--
(A) The Secretary of Homeland Security may
compromise the amount of a civil penalty
imposed under this subsection.
(B) The Government may deduct the amount of a
civil penalty imposed or compromised under this
subsection from amounts it owes the person
liable for the penalty.
(5) Investigations and proceedings.--Chapter 461
shall apply to investigations and proceedings brought
under this subsection to the same extent that it
applies to investigations and proceedings brought with
respect to aviation security duties designated to be
carried out by the Secretary of Homeland Security.
(6) Definitions.--In this subsection:
(A) Person.--The term ``person'' does not
include--
(i) the United States Postal Service;
or
(ii) the Department of Defense.
(B) Small business concern.--The term ``small
business concern'' has the meaning given that
term in section 3 of the Small Business Act (15
U.S.C. 632).
(7) Enforcement transparency.--
(A) In general.--[Not later than December 31,
2008, and annually thereafter, the Secretary]
The Secretary of Homeland Security shall--
(i) provide an annual summary to the
public of all enforcement actions taken
by the Secretary under this subsection;
and
(ii) include in each such summary the
docket number of each enforcement
action, the type of alleged violation,
the penalty or penalties proposed, and
the final assessment amount of each
penalty.
(B) Electronic availability.--Each summary
under this paragraph shall be made available to
the public by electronic means.
(C) Relationship to the freedom of
information act and the privacy act.--Nothing
in this subsection shall be construed to
require disclosure of information or records
that are exempt from disclosure under sections
552 or 552a of title 5.
[(D) Enforcement guidance.--Not later than
180 days after the enactment of the
Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary shall
provide a report to the public describing the
enforcement process established under this
subsection.
[(w) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for--
[(1) railroad security--
[(A) $488,000,000 for fiscal year 2008;
[(B) $483,000,000 for fiscal year 2009;
[(C) $508,000,000 for fiscal year 2010; and
[(D) $508,000,000 for fiscal year 2011;
[(2) over-the-road bus and trucking security--
[(A) $14,000,000 for fiscal year 2008;
[(B) $27,000,000 for fiscal year 2009;
[(C) $27,000,000 for fiscal year 2010; and
[(D) $27,000,000 for fiscal year 2011; and
[(3) hazardous material and pipeline security--
[(A) $12,000,000 for fiscal year 2008;
[(B) $12,000,000 for fiscal year 2009; and
[(C) $12,000,000 for fiscal year 2010.]
(v) Authorization of Appropriations.--There are authorized to
be appropriated to the Transportation Security Administration
for salaries, operations, and maintenance of the
Administration--
(1) $7,810,196,000 for fiscal year 2018;
(2) $7,849,247,000 for fiscal year 2019; and
(3) $7,888,494,000 for fiscal year 2020.
(w) Leadership and Organization.--
(1) In general.--For each of the areas described in
paragraph (2), the Administrator of the Transportation
Security Administration shall appoint at least 1
individual who shall--
(A) report directly to the Administrator or
the Administrator's designated direct report;
and
(B) be responsible and accountable for that
area.
(2) Areas described.--The areas described in this
paragraph are as follows:
(A) Aviation security operations and
training, including risk-based, adaptive
security focused on airport checkpoint and
baggage screening operations, cargo
inspections, workforce training and development
programs, and other specialized programs
designed to secure air transportation.
(B) Surface transportation security
operations and training, including risk-based,
adaptive security focused on accomplishing
security systems assessments, reviewing and
prioritizing projects for appropriated surface
transportation security grants, operator
compliance with voluntary industry standards,
workforce training and development programs,
and other specialized programs designed to
secure surface transportation.
(C) Security policy and industry engagement
and planning, including the development,
interpretation, promotion, and oversight of a
unified effort regarding risk-based, risk-
reducing security policies and plans (including
strategic planning for future contingencies and
security challenges) between government and
transportation stakeholders, including
airports, domestic and international airlines,
general aviation, air cargo, mass transit and
passenger rail, freight rail, pipeline, highway
and motor carriers, and maritime.
(D) International strategy and operations,
including agency efforts to work with
international partners to secure the global
transportation network.
(E) Trusted and registered traveler programs,
including the management and marketing of the
agency's trusted traveler initiatives,
including the PreCheck Program, and
coordination with trusted traveler programs of
other Department of Homeland Security agencies
and the private sector.
(F) Technology acquisition and deployment,
including the oversight, development, testing,
evaluation, acquisition, deployment, and
maintenance of security technology and other
acquisition programs.
(G) Inspection and compliance, including the
integrity, efficiency and effectiveness of the
agency's workforce, operations, and programs
through objective audits, covert testing,
inspections, criminal investigations, and
regulatory compliance.
(H) Civil rights, liberties, and traveler
engagement, including ensuring that agency
employees and the traveling public are treated
in a fair and lawful manner consistent with
federal laws and regulations protecting privacy
and prohibiting discrimination and reprisal.
(I) Legislative and public affairs, including
communication and engagement with internal and
external audiences in a timely, accurate, and
transparent manner, and development and
implementation of strategies within the agency
to achieve congressional approval or
authorization of agency programs and policies.
(3) Notification.--The Administrator shall transmit
to the appropriate committees of Congress--
(A) not later than 180 days after the date of
enactment of the TSA Modernization Act, a list
of the names of the individuals appointed under
paragraph (1); and
(B) an update of the list not later than 5
days after any new individual is appointed
under paragraph (1).
Sec. 115. Transportation Security Oversight Board
(a) * * *
(c) Duties.--The Board shall--
(1) review and ratify or disapprove any regulation or
security directive issued by the [Under Secretary of
Transportation for security] Administrator of the
Transportation Security Administration under section
114(l)(2) within 30 days after the date of issuance of
such regulation or directive;
(2) facilitate the coordination of intelligence,
security, and law enforcement activities affecting
transportation;
(3) facilitate the sharing of intelligence, security,
and law enforcement information affecting
transportation among Federal agencies and with carriers
and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a
common database of individuals who may pose a threat to
transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the [Under Secretary]
Administrator regarding matters reviewed under
paragraph (5).
(d) Quarterly Meetings.--The Board shall meet at least
quarterly.
(e) Consideration of Security Information.--A majority of the
Board may vote to close a meeting of the Board to the public,
except that meetings shall be closed to the public whenever
classified, sensitive security information, or information
protected in accordance with section 40119(b), will be
discussed.
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART I. GENERAL
CHAPTER 401. GENERAL PROVISIONS
Sec. 40109. Authority to exempt
(a) * * *
(b) Safety Regulation.--The Administrator of the Federal
Aviation Administration may grant an exemption from a
regulation prescribed in carrying out sections 40103(b)(1) and
(2)[, 40119, 44901, 44903, 44906, and 44935-44937] of this
title when the Administrator decides the exemption is in the
public interest.
(c) Other Economic Regulation.--Except as provided in this
section, the Secretary may exempt to the extent the Secretary
considers necessary a person or class of persons from a
provision of chapter 411, chapter 413 (except sections 41307
and 41310(b)-(f)), chapter 415 (except sections 41502, 41505,
and 41507-41509), chapter 417 (except sections 41703, 41704,
41710, 41713, and 41714), chapter 419, subchapter II of chapter
421, and [sections 44909] sections 44909(a), 44909(b), and
46301(b) of this title, or a regulation or term prescribed
under any of those provisions, when the Secretary decides that
the exemption is consistent with the public interest.
(d) * * *
Sec. 40113. Administrative
(a) General Authority.--The Secretary of Transportation (or
[the Under Secretary of Transportation for Security with
respect to security duties and powers designated to be carried
out by the Under Secretary or] the Administrator of the
Transportation Security Administration with respect to security
duties and powers designated to be carried out by that
Administrator or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be [carried out by the Administrator]
carried out by that Administrator) may take action the
Secretary[, Under Secretary, or Administrator,], Administrator
of the Transportation Security Administration, or Administrator
of the Federal Aviation Administration, as appropriate,
considers necessary to carry out this part, including
conducting investigations, prescribing regulations, standards,
and procedures, and issuing orders.
(b) Hazardous Material.--In carrying out this part, the
Secretary has the same authority to regulate the transportation
of hazardous material by air that the Secretary has under
section 5103 of this title. However, this subsection does not
prohibit or regulate the transportation of a firearm (as
defined in section 232 of title 18) or ammunition for a
firearm, when transported by an individual for personal use.
(c) Governmental Assistance.--The Secretary (or the
Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator) may use the assistance of the
Administrator of the National Aeronautics and Space
Administration and any research or technical department,
agency, or instrumentality of the United States Government on
matters related to aircraft fuel and oil, and to the design,
material, workmanship, construction, performance, maintenance,
and operation of aircraft, aircraft engines, propellers,
appliances, and air navigation facilities. Each department,
agency, and instrumentality may conduct scientific and
technical research, investigations, and tests necessary to
assist the Secretary or Administrator of the Federal Aviation
Administration in carrying out this part. This part does not
authorize duplicating laboratory research activities of a
department, agency, or instrumentality.
(d) Indemnification.--The [Under Secretary of Transportation
for Security or the] Administrator of the Federal Aviation
Administration may indemnify an officer or employee of the
[Transportation Security Administration or Federal Aviation
Administration, as the case may be,] Federal Aviation
Administration against a claim or judgment arising out of an
act that the [Under Secretary or Administrator, as the case may
be,] Administrator decides was committed within the scope of
the official duties of the officer or employee.
(e) * * *
[Sec. 40119. Security and research and development activities
[(a) General Requirements.--The Under Secretary of
Transportation for Security and the Administrator of the
Federal Aviation Administration each shall conduct research
(including behavioral research) and development activities
appropriate to develop, modify, test, and evaluate a system,
procedure, facility, or device to protect passengers and
property against acts of criminal violence, aircraft piracy,
and terrorism and to ensure security.
[(b) Disclosure.--
[(1) Notwithstanding section 552 of title 5 and the
establishment of a Department of Homeland Security, the
Secretary of Transportation shall prescribe regulations
prohibiting disclosure of information obtained or
developed in ensuring security under this title if the
Secretary of Transportation decides disclosing the
information would--
[(A) be an unwarranted invasion of personal
privacy;
[(B) reveal a trade secret or privileged or
confidential commercial or financial
information; or
[(C) be detrimental to transportation safety.
[(2) Paragraph (1) of this subsection does not
authorize information to be withheld from a committee
of Congress authorized to have the information.
[(3) Nothing in paragraph (1) shall be construed to
authorize the designation of information as sensitive
security information (as defined in section 15.5 of
title 49, Code of Federal Regulations)--
[(A) to conceal a violation of law,
inefficiency, or administrative error;
[(B) to prevent embarrassment to a person,
organization, or agency;
[(C) to restrain competition; or
[(D) to prevent or delay the release of
information that does not require protection in
the interest of transportation security,
including basic scientific research information
not clearly related to transportation security.
[(4) Section 552a of title 5 shall not apply to
disclosures that the Administrator may make from the
systems of records of the Administration to any Federal
law enforcement, intelligence, protective service,
immigration, or national security official in order to
assist the official receiving the information in the
performance of official duties.
[(c) Transfers of Duties and Powers Prohibited.--Except as
otherwise provided by law, the Under Secretary may not transfer
a duty or power under this section to another department,
agency, or instrumentality of the United States Government.]
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART III. SAFETY
CHAPTER 449. SECURITY
SUBCHAPTER I. REQUIREMENTS
Sec. 44901. Screening passengers and property
(a) In General.--The [Under Secretary of Transportation for
Security] Administrator of the Transportation Security
Administration shall provide for the screening of all
passengers and property, including United States mail, cargo,
carry-on and checked baggage, and other articles, that will be
carried aboard a passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation. In the case of flights and flight segments
originating in the United States, the screening shall take
place before boarding and shall be carried out by a Federal
Government employee (as defined in section 2105 of title 5[,
United States Code]), except as otherwise provided in [section
44919 or 44920] section 44920 and except for identifying
passengers and baggage for screening under the CAPPS and known
shipper programs and conducting positive bag-match programs.
(b) Supervision of Screening.--All screening of passengers
and property at airports in the United States where screening
is required under this section shall be supervised by uniformed
Federal personnel of the Transportation Security Administration
who shall have the power to order the dismissal of any
individual performing such screening.
(c) Checked Baggage.--A system must be in operation to screen
all checked baggage at all airports in the United States as
soon as practicable [but not later than the 60th day following
the date of enactment of the Aviation and Transportation
Security Act].
(d) Explosive Detection Systems.--
(1) In general.--The [Under Secretary of
Transportation for Security] Administrator of the
Transportation Security Administration shall take all
necessary action to ensure that--
(A) explosives detection systems are deployed
as soon as possible to ensure that all United
States airports described in section 44903(c)
have sufficient explosives detection systems to
screen all checked baggage [no later than
December 31, 2002], and that as soon as such
systems are in place at an airport, all checked
baggage at the airport is screened by those
systems; and
(B) all systems deployed under subparagraph
(A) are fully utilized; and
(C) if explosives detection equipment at an
airport is unavailable, all checked baggage is
screened by an alternative means.
[(2) Deadline.--
[(A) In general.--If, in his discretion or at
the request of an airport, the Under Secretary
of Transportation for Security determines that
the Transportation Security Administration is
not able to deploy explosives detection systems
required to be deployed under paragraph (1) at
all airports where explosives detection systems
are required by December 31, 2002, then with
respect to each airport for which the Under
Secretary makes that determination--
[(i) the Under Secretary shall submit
to the Senate Committee on Commerce,
Science, and Transportation and the
House of Representatives Committee on
Transportation and Infrastructure a
detailed plan (which may be submitted
in classified form) for the deployment
of the number of explosives detection
systems at that airport necessary to
meet the requirements of paragraph (1)
as soon as practicable at that airport
but in no event later than December 31,
2003; and
[(ii) the Under Secretary shall take
all necessary action to ensure that
alternative means of screening all
checked baggage is implemented until
the requirements of paragraph (1) have
been met.
[(B) Criteria for determination.--In making a
determination under subparagraph (A), the Under
Secretary shall take into account--
[(i) the nature and extent of the
required modifications to the airport's
terminal buildings, and the technical,
engineering, design and construction
issues;
[(ii) the need to ensure that such
installations and modifications are
effective; and
[(iii) the feasibility and cost-
effectiveness of deploying explosives
detection systems in the baggage
sorting area or other non-public area
rather than the lobby of an airport
terminal building.
[(C) Response.--The Under Secretary shall
respond to the request of an airport under
subparagraph (A) within 14 days of receiving
the request. A denial of request shall create
no right of appeal or judicial review.
[(D) Airport effort required.--Each airport
with respect to which the Under Secretary makes
a determination under subparagraph (A) shall--
[(i) cooperate fully with the
Transportation Security Administration
with respect to screening checked
baggage and changes to accommodate
explosives detection systems; and
[(ii) make security projects a
priority for the obligation or
expenditure of funds made available
under chapter 417 or 471 until
explosives detection systems required
to be deployed under paragraph (1) have
been deployed at that airport.
[(3) Reports.--Until the Transportation Security
Administration has met the requirements of paragraph
(1), the Under Secretary shall submit a classified
report every 30 days after the date of enactment of
this Act to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Transportation and Infrastructure
describing the progress made toward meeting such
requirements at each airport.]
[(4)](2) Preclearance airports.--
(A) In general.--For a flight or flight
segment originating at an airport outside the
United States and traveling to the United
States with respect to which checked baggage
has been screened in accordance with an
aviation security preclearance agreement
between the United States and the country in
which such airport is located, the [Assistant
Secretary (Transportation Security
Administration)] Adminstrator of the
Transportation Security Administration may, in
coordination with U.S. Customs and Border
Protection, determine whether such baggage must
be re-screened in the United States by an
explosives detection system before such baggage
continues on any additional flight or flight
segment.
(B) Aviation security preclearance agreement
defined.--In this paragraph, the term
``aviation security preclearance agreement''
means an agreement that delineates and
implements security standards and protocols
that are determined by the [Assistant
Secretary] Administrator of the Transportation
Security Administration, in coordination with
U.S. Customs and Border Protection, to be
comparable to those of the United States and
therefore sufficiently effective to enable
passengers to deplane into sterile areas of
airports in the United States.
(C) Rescreening requirement.--If the
Administrator of the Transportation Security
Administration determines that the government
of a foreign country has not maintained
security standards and protocols comparable to
those of the United States at airports at which
preclearance operations have been established
in accordance with this paragraph, the
Administrator shall ensure that Transportation
Security Administration personnel rescreen
passengers arriving from such airports and
their property in the United States before such
passengers are permitted into sterile areas of
airports in the United States.
(D) Report.--The [Assistant Secretary]
Administrator of the Transportation Security
Administration shall submit to the Committee on
Homeland Security of the House of
Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and
the Committee on Homeland Security and
Governmental Affairs of the Senate an annual
report on the re-screening of baggage under
this paragraph. Each such report shall include
the following for the year covered by the
report:
(i) A list of airports outside the
United States from which a flight or
flight segment traveled to the United
States for which the [Assistant
Secretary] Administrator determined, in
accordance with the authority under
subparagraph (A), that checked baggage
was not required to be re-screened in
the United States by an explosives
detection system before such baggage
continued on an additional flight or
flight segment.
(ii) The amount of Federal savings
generated from the exercise of such
authority.
(e) Mandatory Screening Where EDS Not Yet Available.--As soon
as practicable [but not later than the 60th day following the
date of enactment of the Aviation and Transportation Security
Act] and until the requirements of subsection (b)(1)(A) are
met, the [Under Secretary] Administrator of the Transportation
Security Administration shall require alternative means for
screening any piece of checked baggage that is not screened by
an explosives detection system. Such alternative means may
include 1 or more of the following:
(1) A bag-match program that ensures that no checked
baggage is placed aboard an aircraft unless the
passenger who checked the baggage is aboard the
aircraft.
(2) Manual search.
(3) Search by canine explosives detection units in
combination with other means.
(4) Other means or technology approved by the [Under
Secretary] Administrator.
(f) Cargo Deadline.--A system must be in operation to screen,
inspect, or otherwise ensure the security of all cargo that is
to be transported in all-cargo aircraft in air transportation
and intrastate air transportation as soon as practicable [after
the date of enactment of the Aviation and Transportation
Security Act].
(g) Air Cargo on Passenger Aircraft.--
(1) In general.--[Not later than 3 years after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the] The Secretary
of Homeland Security shall establish a system to screen
100 percent of cargo transported on passenger aircraft
operated by an air carrier or foreign air carrier in
air transportation or intrastate air transportation to
ensure the security of all such passenger aircraft
carrying cargo.
(2) Minimum standards.--The system referred to in
paragraph (1) shall require, at a minimum, that
equipment, technology, procedures, personnel, or other
methods approved by the Administrator of the
Transportation Security Administration, are used to
screen cargo carried on passenger aircraft described in
paragraph (1) to provide a level of security
commensurate with the level of security for the
screening of passenger checked baggage [as follows:
[(A) 50 percent of such cargo is so screened
not later than 18 months after the date of
enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007.
[(B) 100 percent of such cargo is so screened
not later than 3 years after such date of
enactment.
[(3) Regulations.--
[(A) Interim final rule.--The Secretary of
Homeland Security may issue an interim final
rule as a temporary regulation to implement
this subsection without regard to the
provisions of chapter 5 of title 5.
[(B) Final rule.--
[(i) In general.--If the Secretary
issues an interim final rule under
subparagraph (A), the Secretary shall
issue, not later than one year after
the effective date of the interim final
rule, a final rule as a permanent
regulation to implement this subsection
in accordance with the provisions of
chapter 5 of title 5.
[(ii) Failure to act.--If the
Secretary does not issue a final rule
in accordance with clause (i) on or
before the last day of the one-year
period referred to in clause (i), the
Secretary shall submit to the Committee
on Homeland Security of the House of
Representatives, Committee on Commerce,
Science, and Transportation of the
Senate, and the Committee on Homeland
Security and Governmental Affairs of
the Senate a report explaining why the
final rule was not timely issued and
providing an estimate of the earliest
date on which the final rule will be
issued. The Secretary shall submit the
first such report within 10 days after
such last day and submit a report to
the Committees containing updated
information every 30 days thereafter
until the final rule is issued.
[(iii) Superceding of interim final
rule.--The final rule issued in
accordance with this subparagraph shall
supersede the interim final rule issued
under subparagraph (A).].
(3) Regulations.--The Secretary of Homeland Security
shall issue a final rule as a permanent regulation to
implement this subsection in accordance with the
provisions of chapter 5 of title 5.
[(4) Report.--Not later than 1 year after the date of
establishment of the system under paragraph (1), the
Secretary shall submit to the Committees referred to in
paragraph (3)(B)(ii) a report that describes the
system.]
[(5)](4) Screening defined.--In this subsection the
term ``screening'' means a physical examination or non-
intrusive methods of assessing whether cargo poses a
threat to transportation security. Methods of screening
include x-ray systems, explosives detection systems,
explosives trace detection, explosives detection canine
teams certified by the Transportation Security
Administration, or a physical search together with
manifest verification. The Administrator may approve
additional methods to ensure that the cargo does not
pose a threat to transportation security and to assist
in meeting the requirements of this subsection. Such
additional cargo screening methods shall not include
solely performing a review of information about the
contents of cargo or verifying the identity of a
shipper of the cargo that is not performed in
conjunction with other security methods authorized
under this subsection, including whether a known
shipper is registered in the known shipper database.
Such additional cargo screening methods may include a
program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and
alternative screening methods pursuant to exemptions
referred to in subsection (b) of section 1602 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007.
(h) Deployment of Armed Personnel.--
(1) In general.--The [Under Secretary] Administrator
of the Transportation Security Administration shall
order the deployment of law enforcement personnel
authorized to carry firearms at each airport security
screening location to ensure passenger safety and
national security.
(2) Minimum requirements.--Except at airports
required to enter into agreements under subsection (c),
the [Under Secretary] Administrator of the
Transportation Security Administration shall order the
deployment of at least 1 law enforcement officer at
each airport security screening location. At the 100
largest airports in the United States, in terms of
annual passenger enplanements for the most recent
calendar year for which data are available, the [Under
Secretary] Administrator shall order the deployment of
additional law enforcement personnel at airport
security screening locations if the [Under Secretary]
Administrator determines that the additional deployment
is necessary to ensure passenger safety and national
security.
(i) Exemptions and Advising Congress on Regulations.--The
[Under Secretary] Administrator of the Transportation Security
Administration--
(1) may exempt from this section air transportation
operations, except scheduled passenger operations of an
air carrier providing air transportation under a
certificate issued under section 41102 of this title or
a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be
prescribed under this section at least 30 days before
the effective date of the regulation, unless the [Under
Secretary] Administrator decides an emergency exists
requiring the regulation to become effective in fewer
than 30 days and notifies Congress of that decision.
(j) Blast-resistant Cargo Containers.--
(1) In general.--[Before January 1, 2008, the] The
Administrator of the Transportation Security
Administration shall--
(A) evaluate the results of the blast-
resistant cargo container pilot program that
was initiated before [the date of enactment of
this subsection] August 3, 2007; and
(B) prepare and distribute through the
Aviation Security Advisory Committee to the
appropriate Committees of Congress and air
carriers a report on that evaluation which may
contain nonclassified and classified sections.
(2) Acquisition, maintenance, and replacement.--Upon
completion and consistent with the results of the
evaluation that paragraph (1)(A) requires, the
Administrator shall--
(A) develop and implement a program, as the
Administrator determines appropriate, to
acquire, maintain, and replace blast-resistant
cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo
containers to air carriers pursuant to
paragraph (3).
(3) Distribution to air carriers.--The Administrator
shall make available, beginning not later than July 1,
2008, blast-resistant cargo containers to air carriers
for use on a risk managed basis as determined by the
Administrator.
(k) General Aviation Airport Security Program.--
(1) In general.--[Not later than one year after the
date of enactment of this subsection, the] The
Administrator of the Transportation Security
Administration shall--
(A) develop a standardized threat and
vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and
(B) implement a program to perform such
assessments on a risk-managed basis at general
aviation airports.
(2) Grant program.--[Not later than 6 months after
the date of enactment of this subsection, the] The
Administrator shall initiate and complete a study of
the feasibility of a program, based on a risk-managed
approach, to provide grants to operators of general
aviation airports (as defined in section 47134(m)) for
projects to upgrade security at such airports. If the
Administrator determines that such a program is
feasible, the Administrator shall establish such a
program.
(3) Application to general aviation aircraft.--[Not
later than 180 days after the date of enactment of this
subsection, the] The Administrator shall develop a
risk-based system under which--
(A) general aviation aircraft, as identified
by the Administrator, in coordination with the
Administrator of the Federal Aviation
Administration, are required to submit
passenger information and advance notification
requirements for United States Customs and
Border Protection before entering United States
airspace; and
(B) such information is checked against
appropriate databases.
(4) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of
the Transportation Security Administration such sums as
may be necessary to carry out paragraphs (2) and (3).
(l) Limitations on Use of Advanced Imaging Technology for
Screening Passengers.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Advanced imaging technology.--The term
``advanced imaging technology''--
(i) means a device used in the
screening of passengers that creates a
visual image of an individual showing
the surface of the skin and revealing
other objects on the body; and
(ii) may include devices using
backscatter x-rays or millimeter waves
and devices referred to as ``whole-body
imaging technology'' or ``body scanning
machines''.
(B) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' means--
(i) the Committee on Commerce,
Science, and Transportation and the
Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Homeland
Security of the House of
Representatives.
(C) Automatic target recognition software.--
The term ``automatic target recognition
software'' means software installed on an
advanced imaging technology that produces a
generic image of the individual being screened
that is the same as the images produced for all
other screened individuals.
(2) Use of advanced imaging technology.--[Beginning
June 1, 2012, the Assistant Secretary of Homeland
Security (Transportation Security Administration)] The
Administrator of the Transportation Security
Administration shall ensure that any advanced imaging
technology used for the screening of passengers under
this section--
(A) is equipped with and employs automatic
target recognition software; and
(B) complies with such other requirements as
the [Assistant Secretary] Administrator
determines necessary to address privacy
considerations.
(3) Extension.--
(A) In general.--The [Assistant Secretary]
Administrator of the Transportation Security
Administration may extend the deadline
specified in paragraph (2), if the [Assistant
Secretary] Administrator determines that--
(i) an advanced imaging technology
equipped with automatic target
recognition software is not
substantially as effective at screening
passengers as an advanced imaging
technology without such software; or
(ii) additional testing of such
software is necessary.
(B) Duration of extensions.--The [Assistant
Secretary] Administrator of the Transportation
Security Administration may issue one or more
extensions under subparagraph (A). The duration
of each extension may not exceed one year.
(4) Reports.--
(A) In general.--Not later than [60 days
after the deadline specified in paragraph (2),
and not later than] 60 days after the date on
which the [Assistant Secretary] Administrator
of the Transportation Security Administration
issues any extension under paragraph (3), the
[Assistant Secretary] Administrator shall
submit to the appropriate congressional
committees a report on the implementation of
this subsection.
(B) Elements.--A report submitted under
subparagraph (A) shall include the following:
(i) A description of all matters the
[Assistant Secretary] Administrator of
the Transportation Security
Administration considers relevant to
the implementation of the requirements
of this subsection.
(ii) The status of compliance by the
Transportation Security Administration
with such requirements.
(iii) If the Administration is not in
full compliance with such
requirements--
(I) the reasons for the
noncompliance; and
(II) a timeline depicting
when the [Assistant Secretary]
Administrator of the
Transportation Security
Administration expects the
Administration to achieve full
compliance.
(C) Security classification.--To the greatest
extent practicable, a report prepared under
subparagraph (A) shall be submitted in an
unclassified format. If necessary, the report
may include a classified annex.
Sec. 44902. Refusal to transport passengers and property
(a) Mandatory Refusal.--The [Under Secretary of
Transportation for Security] Administrator of the
Transportation Security Administration shall prescribe
regulations requiring an air carrier, intrastate air carrier,
or foreign air carrier to refuse to transport--
(1) a passenger who does not consent to a search
under section 44901(a) of this title establishing
whether the passenger is carrying unlawfully a
dangerous weapon, explosive, or other destructive
substance; or
(2) property of a passenger who does not consent to a
search of the property establishing whether the
property unlawfully contains a dangerous weapon,
explosive, or other destructive substance.
(b) Permissive Refusal.--Subject to regulations of the [Under
Secretary] Administrator of the Transportation Security
Administration, an air carrier, intrastate air carrier, or
foreign air carrier may refuse to transport a passenger or
property the carrier decides is, or might be, inimical to
safety.
(c) Agreeing to Consent to Search.--An agreement to carry
passengers or property in air transportation or intrastate air
transportation by an air carrier, intrastate air carrier, or
foreign air carrier is deemed to include an agreement that the
passenger or property will not be carried if consent to search
the passenger or property for a purpose referred to in this
section is not given.
Sec. 44903. Air transportation security
(a) [Definition] Definitions.--[In this section, ``law
enforcement personnel'' means individuals--] In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Transportation Security
Administration.
(2) Law enforcement personnel.--The term ``law
enforcement personnel'' means individuals--
[(1)](A) authorized to carry and use firearms;
[(2)](B) vested with the degree of the police power
of arrest the [Under Secretary of Transportation for
Security] Administrator considers necessary to carry
out this section; and
[(3)](C) identifiable by appropriate indicia of
authority.
(b) Protection Against Violence and Piracy.--The [Under
Secretary] Administrator shall prescribe regulations to protect
passengers and property on an aircraft operating in air
transportation or intrastate air transportation against an act
of criminal violence or aircraft piracy. When prescribing a
regulation under this subsection, the [Under Secretary]
Administrator shall--
(1) consult with the Secretary of Transportation, the
Attorney General, the heads of other departments,
agencies, and instrumentalities of the United States
Government, and State and local authorities;
(2) consider whether a proposed regulation is
consistent with--
(A) protecting passengers; and
(B) the public interest in promoting air
transportation and intrastate air
transportation;
(3) to the maximum extent practicable, require a
uniform procedure for searching and detaining
passengers and property to ensure--
(A) their safety; and
(B) courteous and efficient treatment by an
air carrier, an agent or employee of an air
carrier, and Government, State, and local law
enforcement personnel carrying out this
section; and
(4) consider the extent to which a proposed
regulation will carry out this section.
(c) Security Programs.--
(1) The [Under Secretary] Administrator shall
prescribe regulations under subsection (b) of this
section that require each operator of an airport
regularly serving an air carrier holding a certificate
issued by the Secretary of Transportation to establish
an air transportation security program that provides a
law enforcement presence and capability at each of
those airports that is adequate to ensure the safety of
passengers. The regulations shall authorize the
operator to use the services of qualified State, local,
and private law enforcement personnel. When the [Under
Secretary] Administrator decides, after being notified
by an operator in the form the [Under Secretary]
Administrator prescribes, that not enough qualified
State, local, and private law enforcement personnel are
available to carry out subsection (b), the [Under
Secretary] Administrator may authorize the operator to
use, on a reimbursable basis, personnel employed by the
[Under Secretary] Administrator, or by another
department, agency, or instrumentality of the
Government with the consent of the head of the
department, agency, or instrumentality, to supplement
State, local, and private law enforcement personnel.
When deciding whether additional personnel are needed,
the [Under Secretary] Administrator shall consider the
number of passengers boarded at the airport, the extent
of anticipated risk of criminal violence or aircraft
piracy at the airport or to the air carrier aircraft
operations at the airport, and the availability of
qualified State or local law enforcement personnel at
the airport.
(2)(A) The [Under Secretary] Administrator may
approve a security program of an airport operator, or
an amendment in an existing program, that incorporates
a security program of an airport tenant (except an air
carrier separately complying with part 108 or 129 of
title 14, Code of Federal Regulations) having access to
a secured area of the airport, if the program or
amendment incorporates--
(i) the measures the tenant will use,
within the tenant's leased areas or
areas designated for the tenant's
exclusive use under an agreement with
the airport operator, to carry out the
security requirements imposed by the
[Under Secretary] Administrator on the
airport operator under the access
control system requirements of section
107.14 of title 14, Code of Federal
Regulations, or under other
requirements of part 107 of title 14;
and
(ii) the methods the airport operator
will use to monitor and audit the
tenant's compliance with the security
requirements and provides that the
tenant will be required to pay monetary
penalties to the airport operator if
the tenant fails to carry out a
security requirement under a
contractual provision or requirement
imposed by the airport operator.
(B) If the [Under Secretary] Administrator
approves a program or amendment described in
subparagraph (A) of this paragraph, the airport
operator may not be found to be in violation of
a requirement of this subsection or subsection
(b) of this section when the airport operator
demonstrates that the tenant or an employee,
permittee, or invitee of the tenant is
responsible for the violation and that the
airport operator has complied with all measures
in its security program for securing compliance
with its security program by the tenant.
(C) Maximum use of chemical and biological
weapon detection equipment.--The Secretary of
Transportation may require airports to maximize
the use of technology and equipment that is
designed to detect or neutralize potential
chemical or biological weapons.
(3) Pilot programs.--The Administrator shall
establish pilot programs in no fewer than 20 airports
to test and evaluate new and emerging technology for
providing access control and other security protections
for closed or secure areas of the airports. Such
technology may include biometric or other technology
that ensures only authorized access to secure areas.
(d) Authorizing Individuals to Carry Firearms and Make
Arrests.--With the approval of the Attorney General and the
Secretary of State, the [Secretary of Transportation]
Administrator may authorize an individual who carries out air
transportation security duties--
(1) to carry firearms; and
(2) to make arrests without warrant for an offense
against the United States committed in the presence of
the individual or for a felony under the laws of the
United States, if the individual reasonably believes
the individual to be arrested has committed or is
committing a felony.
(e) Exclusive Responsibility Over Passenger Safety.--The
[Under Secretary] Administrator has the exclusive
responsibility to direct law enforcement activity related to
the safety of passengers on an aircraft involved in an offense
under section 46502 of this title from the moment all external
doors of the aircraft are closed following boarding until those
doors are opened to allow passengers to leave the aircraft.
When requested by the [Under Secretary] Administrator, other
departments, agencies, and instrumentalities of the Government
shall provide assistance necessary to carry out this
subsection.
(f) Government and Industry Consortia.--The [Under Secretary]
Administrator may establish at airports such consortia of
government and aviation industry representatives as the [Under
Secretary] Administrator may designate to provide advice on
matters related to aviation security and safety. Such consortia
shall not be considered Federal advisory committees for
purposes of the Federal Advisory Committee Act (5 U.S.C. App.).
(g) Improvement of Secured-area Access Control.--
(1) Enforcement.--
(A) [Under secretary] administrator to
publish sanctions.--The [Under Secretary]
Administrator shall publish in the Federal
Register a list of sanctions for use as
guidelines in the discipline of employees for
infractions of airport access control
requirements. The guidelines shall incorporate
a progressive disciplinary approach that
relates proposed sanctions to the severity or
recurring nature of the infraction and shall
include measures such as remedial training,
suspension from security-related duties,
suspension from all duties without pay, and
termination of employment.
(B) Use of sanctions.--Each airport operator,
air carrier, and security screening company
shall include the list of sanctions published
by the [Under Secretary] Administrator in its
security program. The security program shall
include a process for taking prompt
disciplinary action against an employee who
commits an infraction of airport access control
requirements.
(2) Improvements.--The [Under Secretary]
Administrator shall--
(A) work with airport operators and air
carriers to implement and strengthen existing
controls to eliminate airport access control
weaknesses;
(B) require airport operators and air
carriers to develop and implement comprehensive
and recurring training programs that teach
employees their roles in airport security, the
importance of their participation, how their
performance will be evaluated, and what action
will be taken if they fail to perform;
(C) require airport operators and air
carriers to develop and implement programs that
foster and reward compliance with airport
access control requirements and discourage and
penalize noncompliance in accordance with
guidelines issued by the [Under Secretary]
Administrator to measure employee compliance;
(D) on an ongoing basis, assess and test for
compliance with access control requirements,
report annually findings of the assessments,
and assess the effectiveness of penalties in
ensuring compliance with security procedures
and take any other appropriate enforcement
actions when noncompliance is found;
(E) improve and better administer the [Under
Secretary's] Administrator's security database
to ensure its efficiency, reliability, and
usefulness for identification of systemic
problems and allocation of resources;
(F) improve the execution of the [Under
Secretary's] Administrator's quality control
program; and
(G) 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.
(h) Improved Airport Perimeter Access Security.--
(1) In general.--The [Under Secretary] Administrator,
in consultation with the airport operator and law
enforcement authorities, may order the deployment of
such personnel at any secure area of the airport as
necessary to counter the risk of criminal violence, the
risk of aircraft piracy at the airport, the risk to air
carrier aircraft operations at the airport, or to meet
national security concerns.
(2) Security of aircraft and ground access to secure
areas.--In determining where to deploy such personnel,
the [Under Secretary] Administrator shall consider the
physical security needs of air traffic control
facilities, parked aircraft, aircraft servicing
equipment, aircraft supplies (including fuel),
automobile parking facilities within airport perimeters
or adjacent to secured facilities, and access and
transition areas at airports served by other means of
ground or water transportation.
(3) Deployment of federal law enforcement
personnel.--The [Secretary] Secretary of Homeland
Security may enter into a memorandum of understanding
or other agreement with the Attorney General or the
head of any other appropriate Federal law enforcement
agency to deploy Federal law enforcement personnel at
an airport in order to meet aviation safety and
security concerns.
(4) Airport perimeter screening.--The [Under
Secretary] Administrator--
(A) shall require[, as soon as practicable
after the date of enactment of this
subsection,] screening or inspection of all
individuals, goods, property, vehicles, and
other equipment before entry into a secured
area of an airport in the United States
described in section 44903(c);
(B) shall 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;
(C) shall establish procedures to ensure the
safety and integrity of--
(i) all persons providing services
with respect to aircraft providing
passenger air transportation or
intrastate air transportation and
facilities of such persons at an
airport in the United States described
in [section 44903(c)] subsection (c);
(ii) all supplies, including catering
and passenger amenities, placed aboard
such aircraft, including the sealing of
supplies to ensure easy visual
detection of tampering; and
(iii) all persons providing such
supplies and facilities of such
persons;
(D) shall require vendors having direct
access to the airfield and aircraft to develop
security programs; and
(E) shall issue[, not later than March 31,
2005,] guidance for the use of biometric or
other technology that positively verifies the
identity of each employee and law enforcement
officer who enters a secure area of an airport.
(5) Use of biometric technology in airport access
control systems.--In issuing guidance under paragraph
(4)(E), the [Assistant Secretary of Homeland Security
(Transportation Security Administration)] Administrator
in consultation with representatives of the aviation
industry, the biometric identifier industry, and the
National Institute of Standards and Technology, shall
establish, at a minimum--
(A) comprehensive technical and operational
system requirements and performance standards
for the use of biometric identifier technology
in airport access control systems (including
airport perimeter access control systems) to
ensure that the biometric identifier systems
are effective, reliable, and secure;
(B) a list of products and vendors that meet
the requirements and standards set forth in
subparagraph (A);
(C) procedures for implementing biometric
identifier systems--
(i) to ensure that individuals do not
use an assumed identity to enroll in a
biometric identifier system; and
(ii) to resolve failures to enroll,
false matches, and false non-matches;
and
(D) best practices for incorporating
biometric identifier technology into airport
access control systems in the most effective
manner, including a process to best utilize
existing airport access control systems,
facilities, and equipment and existing data
networks connecting airports.
(6) Use of biometric technology for armed law
enforcement travel.--
(A) In general.--[Not later than 18 months
after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the] The Secretary of Homeland Security,
in consultation with the Attorney General,
shall--
(i) implement this [section]
paragraph by publication in the Federal
Register; and
(ii) establish a national registered
armed law enforcement program, that
shall be Federally managed, for law
enforcement officers needing to be
armed when traveling by commercial
aircraft.
(B) Program requirements.--The program
shall--
(i) establish a credential or a
system that incorporates biometric
technology and other applicable
technologies;
(ii) establish a system for law
enforcement officers who need to be
armed when traveling by commercial
aircraft on a regular basis and for
those who need to be armed during
temporary travel assignments;
(iii) comply with other uniform
credentialing initiatives, including
the Homeland Security Presidential
Directive 12;
(iv) apply to all Federal, State,
local, tribal, and territorial
government law enforcement agencies;
and
(v) establish a process by which the
travel credential or system may be used
to verify the identity, using biometric
technology, of a Federal, State, local,
tribal, or territorial law enforcement
officer seeking to carry a weapon on
board a commercial aircraft, without
unnecessarily disclosing to the public
that the individual is a law
enforcement officer.
(C) Procedures.--In establishing the program,
the [Secretary] Secretary of Homeland Security
shall develop procedures--
(i) to ensure that a law enforcement
officer of a Federal, State, local,
tribal, or territorial government
flying armed has a specific reason for
flying armed and the reason is within
the scope of the duties of such
officer;
(ii) to preserve the anonymity of the
armed law enforcement officer;
(iii) to resolve failures to enroll,
false matches, and false nonmatches
relating to the use of the law
enforcement travel credential or
system;
(iv) to determine the method of
issuance of the biometric credential to
law enforcement officers needing to be
armed when traveling by commercial
aircraft;
(v) to invalidate any law enforcement
travel credential or system that is
lost, stolen, or no longer authorized
for use;
(vi) to coordinate the program with
the Federal Air Marshal Service,
including the force multiplier program
of the Service; and
(vii) to implement a phased approach
to launching the program, addressing
the immediate needs of the relevant
Federal agent population before
expanding to other law enforcement
populations.
(7) Definitions.--In this subsection, the following
definitions apply:
(A) Biometric identifier information.--The
term ``biometric identifier information'' means
the distinct physical or behavioral
characteristics of an individual that are used
for unique identification, or verification of
the identity, of an individual.
(B) Biometric identifier.--The term
``biometric identifier'' means a technology
that enables the automated identification, or
verification of the identity, of an individual
based on biometric information.
(C) Failure to enroll.--The term ``failure to
enroll'' means the inability of an individual
to enroll in a biometric identifier system due
to an insufficiently distinctive biometric
sample, the lack of a body part necessary to
provide the biometric sample, a system design
that makes it difficult to provide consistent
biometric identifier information, or other
factors.
(D) False match.--The term ``false match''
means the incorrect matching of one
individual's biometric identifier information
to another individual's biometric identifier
information by a biometric identifier system.
(E) False non-match.--The term ``false non-
match'' means the rejection of a valid identity
by a biometric identifier system.
(F) Secure area of an airport.--The term
``secure area of an airport'' means the sterile
area and the Secure Identification Display Area
of an airport (as such terms are defined in
section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to
such section).
(i) Authority to Arm Flight Deck Crew With Less-than-lethal
Weapons.--
(1) In general.--If the [Under Secretary]
Administrator, after receiving the recommendations of
the National Institute of Justice, determines, with the
approval of the Attorney General and the Secretary of
State, that it is appropriate and necessary and would
effectively serve the public interest in avoiding air
piracy, the [Under Secretary] Administrator may
authorize members of the flight deck crew on any
aircraft providing air transportation or intrastate air
transportation to carry a less-than-lethal weapon while
the aircraft is engaged in providing such
transportation.
(2) Usage.--If the [Under Secretary] Administrator
grants authority under paragraph (1) for flight deck
crew members to carry a less-than-lethal weapon while
engaged in providing air transportation or intrastate
air transportation, the [Under Secretary] Administrator
shall--
(A) prescribe rules requiring that any such
crew member be trained in the proper use of the
weapon; and
(B) prescribe guidelines setting forth the
circumstances under which such weapons may be
used.
(3) Request of air carriers to use less-than-lethal
weapons.--If[, after the date of enactment of this
paragraph,] the [Under Secretary] Administrator
receives a request from an air carrier for
authorization to allow pilots of the air carrier to
carry less-than-lethal weapons, the [Under Secretary]
Administrator shall respond to that request within 90
days.
(j) Short-term Assessment and Deployment of Emerging Security
Technologies and Procedures.--
[(1) In general.--The Under Secretary of
Transportation for Security shall recommend to airport
operators, within 6 months after the date of enactment
of the Aviation and Transportation Security Act,
commercially available measures or procedures to
prevent access to secure airport areas by unauthorized
persons. As part of the 6-month assessment, the Under
Secretary for Transportation Security shall--
[(A) review the effectiveness of biometrics
systems currently in use at several United
States airports, including San Francisco
International;
[(B) review the effectiveness of increased
surveillance at access points;
[(C) review the effectiveness of card- or
keypad-based access systems;
[(D) review the effectiveness of airport
emergency exit systems and determine whether
those that lead to secure areas of the airport
should be monitored or how breaches can be
swiftly responded to; and
[(E) specifically target the elimination of
the ``piggy-backing'' phenomenon, where another
person follows an authorized person through the
access point.
[The 6-month assessment shall include a 12-month
deployment strategy for currently available technology
at all category X airports, as defined in the Federal
Aviation Administration approved air carrier security
programs required under part 108 of title 14, Code of
Federal Regulations. Not later than 18 months after the
date of enactment of this Act, the Secretary of
Transportation shall conduct a review of reductions in
unauthorized access at these airports.]
(1) In general.--The Administrator shall periodically
recommend to airport operators commercially available
measures or procedures to prevent access to secure
airport areas by unauthorized persons.
(2) [Computer-assisted passenger prescreening system]
secure flight program.--
(A) In general.--The [Secretary of
Transportation] Administrator shall ensure that
the [Computer-Assisted Passenger Prescreening
System] Secure Flight program, or any successor
[system] program--
(i) is used to evaluate all
passengers before they board an
aircraft; and
(ii) includes procedures to ensure
that individuals selected by the
[system] program and their carry-on and
checked baggage are adequately
screened.
(B) Modifications.--The [Secretary of
Transportation] Administrator may modify any
requirement under the [Computer-Assisted
Passenger Prescreening System] Secure Flight
program for flights that originate and
terminate within the same State, if the
[Secretary] Administrator determines that--
(i) the State has extraordinary air
transportation needs or concerns due to
its isolation and dependence on air
transportation; and
(ii) the routine characteristics of
passengers, given the nature of the
market, regularly triggers primary
selectee status.
(C) Advanced airline passenger
prescreening.--
(i) Commencement of testing.--[Not
later than January 1, 2005, the
Assistant Secretary of Homeland
Security (Transportation Security
Administration), or the designee of the
Assistant Secretary,] The Administrator
shall commence testing of an advanced
passenger prescreening system that will
allow the Department of Homeland
Security to assume the performance of
comparing passenger information, as
defined by the [Assistant Secretary]
Administrator, to the automatic
selectee and no fly lists, utilizing
all appropriate records in the
consolidated and integrated terrorist
watchlist maintained by the Federal
Government.
(ii) Assumption of function.--[Not
later than 180 days after completion of
testing under clause (i), the] The
[Assistant Secretary] Administrator, or
the designee of the [Assistant
Secretary] Administrator, shall begin
to assume the performance of the
passenger prescreening function of
comparing passenger information to the
automatic selectee and no fly lists and
utilize all appropriate records in the
consolidated and integrated terrorist
watchlist maintained by the Federal
Government in performing that function.
(iii) Requirements.--In assuming
performance of the function under
clause (ii), the [Assistant Secretary]
Administrator shall--
(I) establish a procedure to
enable airline passengers, who
are delayed or prohibited from
boarding a flight because the
advanced passenger prescreening
system determined that they
might pose a security threat,
to appeal such determination
and correct information
contained in the system;
(II) ensure that Federal
Government databases that will
be used to establish the
identity of a passenger under
the system will not produce a
large number of false
positives;
(III) establish an internal
oversight board to oversee and
monitor the manner in which the
system is being implemented;
(IV) establish sufficient
operational safeguards to
reduce the opportunities for
abuse;
(V) implement substantial
security measures to protect
the system from unauthorized
access;
(VI) adopt policies
establishing effective
oversight of the use and
operation of the system; and
(VII) ensure that there are
no specific privacy concerns
with the technological
architecture of the system.
(iv) Passenger information.--[Not
later than 180 days after] After the
completion of the testing of the
advanced passenger prescreening system,
the [Assistant Secretary]
Administrator, by order or interim
final rule--
(I) shall require air
carriers to supply to the
[Assistant Secretary]
Administrator the passenger
information needed to begin
implementing the advanced
passenger prescreening system;
and
(II) shall require entities
that provide systems and
services to air carriers in the
operation of air carrier
reservations systems to provide
to air carriers passenger
information in possession of
such entities, but only to the
extent necessary to comply with
subclause (I).
(v) Inclusion of detainees on no fly
list.--The [Assistant Secretary]
Administrator, in coordination with the
Terrorist Screening Center, shall
include on the No Fly List any
individual who was a detainee held at
the Naval Station, Guantanamo Bay,
Cuba, unless the President certifies in
writing to Congress that the detainee
poses no threat to the United States,
its citizens, or its allies. For
purposes of this clause, the term
``detainee'' means an individual in the
custody or under the physical control
of the United States as a result of
armed conflict.
(D) Screening of employees against
watchlist.--The [Assistant Secretary of
Homeland Security (Transportation Security
Administration)] Administrator, in coordination
with the Secretary of Transportation and the
Administrator of the Federal Aviation
Administration, shall ensure that individuals
are screened against all appropriate records in
the consolidated and integrated terrorist
watchlist maintained by the Federal Government
before--
(i) being certificated by the Federal
Aviation Administration;
(ii) being granted unescorted access
to the secure area of an airport; or
(iii) being granted unescorted access
to the air operations area (as defined
in section 1540.5 of title 49, Code of
Federal Regulations, or any successor
regulation to such section) of an
airport.
(E) Aircraft charter customer and lessee
prescreening.--
(i) In general.--[Not later than 90
days after the date on which the
Assistant Secretary assumes the
performance of the advanced passenger
pre screening function under
subparagraph (C)(ii), the] The
[Assistant Secretary] Administrator
shall establish a process by which
operators of aircraft to be used in
charter air transportation with a
maximum takeoff weight greater than
12,500 pounds and lessors of aircraft
with a maximum takeoff weight greater
than 12,500 pounds may--
(I) request the Department of
Homeland Security to use the
advanced passenger pre
screening system to compare
information about any
individual seeking to charter
an aircraft with a maximum
takeoff weight greater than
12,500 pounds, any passenger
proposed to be transported
aboard such aircraft, and any
individual seeking to lease an
aircraft with a maximum takeoff
weight greater than 12,500
pounds to the automatic
selectee and no fly lists,
utilizing all appropriate
records in the consolidated and
integrated terrorist watchlist
maintained by the Federal
Government; and
(II) refuse to charter or
lease an aircraft with a
maximum takeoff weight greater
than 12,500 pounds to or
transport aboard such aircraft
any persons identified on such
watch list.
(ii) Requirements.--The requirements
of subparagraph (C)(iii) shall apply to
this subparagraph.
(iii) No fly and automatic selectee
lists.--The Secretary of Homeland
Security, in consultation with the
Terrorist Screening Center, shall
design and review, as necessary,
guidelines, policies, and operating
procedures for the collection, removal,
and updating of data maintained, or to
be maintained, in the no fly and
automatic selectee lists.
(F) Applicability.--Section 607 of the Vision
100--Century of Aviation Reauthorization Act
(49 U.S.C. 44903 note; 117 Stat. 2568) shall
not apply to the advanced passenger
prescreening system established under
subparagraph (C).
(G) Appeal procedures.--
(i) In general.--The [Assistant
Secretary] Administrator shall
establish a timely and fair process for
individuals identified as a threat
under one or more of subparagraphs (C),
(D), and (E) to appeal to the
Transportation Security Administration
the determination and correct any
erroneous information.
(ii) Records.--The process shall
include the establishment of a method
by which the [Assistant Secretary]
Administrator will be able to maintain
a record of air passengers and other
individuals who have been misidentified
and have corrected erroneous
information. To prevent repeated delays
of misidentified passengers and other
individuals, the Transportation
Security Administration record shall
contain information determined by the
[Assistant Secretary] Administrator to
authenticate the identity of such a
passenger or individual.
(H) Definition.--In this paragraph, the term
``secure area of an airport'' means the sterile
area and the Secure Identification Display Area
of an airport (as such terms are defined in
section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to
such section).
(k) * * *
(l) Air Charter Program.--
(1) In general.--The [Under Secretary for Border and
Transportation Security of the Department of Homeland
Security] Administrator shall implement an aviation
security program for charter air carriers (as defined
in section 40102(a)) with a maximum certificated
takeoff weight of more than 12,500 pounds.
(2) Exemption for armed forces charters.--
(A) In general.--Paragraph (1) and the other
requirements of this chapter do not apply to
passengers and property carried by aircraft
when employed to provide charter transportation
to members of the armed forces.
(B) Security procedures.--The Secretary of
Defense, in consultation with the Secretary of
Homeland Security and the Secretary of
Transportation, shall establish security
procedures relating to the operation of
aircraft when employed to provide charter
transportation to members of the armed forces
to or from an airport described in section
44903(c).
(C) Armed forces defined.--In this paragraph,
the term ``armed forces'' has the meaning given
that term by section 101(a)(4) of title 10.
(m) Security Screening for Members of the Armed Forces.--
(1) In general.--The [Assistant Secretary of Homeland
Security (Transportation Security Administration)]
Administrator, in consultation with the Department of
Defense, shall develop and implement a plan to provide
expedited security screening services for a member of
the armed forces, and, to the extent possible, any
accompanying family member, if the member of the armed
forces, while in uniform, presents documentation
indicating official orders for air transportation
departing from a primary airport (as defined in section
47102).
(2) Protocols.--In developing the plan, the
[Assistant Secretary] Administrator shall consider--
(A) leveraging existing security screening
models used to reduce passenger wait times;
(B) establishing standard guidelines for the
screening of military uniform items, including
combat boots; and
(C) incorporating any new screening protocols
into an existing trusted passenger program, as
established pursuant to section 109(a)(3) of
the Aviation and Transportation Security Act
(49 U.S.C. 114 note), or into the development
of any new credential or system that
incorporates biometric technology and other
applicable technologies to verify the identity
of individuals traveling in air transportation.
(3) Rule of construction.--Nothing in this subsection
shall affect the authority of the [Assistant Secretary]
Administrator to require additional screening of a
member of the armed forces if intelligence or law
enforcement information indicates that additional
screening is necessary.
(4) Report to congress.--The [Assistant Secretary]
Administrator shall submit to the appropriate
committees of Congress a report on the implementation
of the plan.
(n) Passenger Exit Points From Sterile Area.--
(1) In general.--The Secretary of Homeland Security
shall ensure that the Transportation Security
Administration is responsible for monitoring passenger
exit points from the sterile area of airports at which
the Transportation Security Administration provided
such monitoring as of December 1, 2013.
(2) Sterile area defined.--In this section, the term
``sterile area'' has the meaning given that term in
section 1540.5 of title 49, Code of Federal Regulations
(or any corresponding similar regulation or ruling).
Sec. 44904. Domestic air transportation system security
(a) Assessing Threats.--The [Under Secretary of
Transportation for Security] Administrator of the
Transportation Security Administration and the Director of the
Federal Bureau of Investigation jointly shall assess current
and potential threats to the domestic air transportation
system. The assessment shall include consideration of the
extent to which there are individuals with the capability and
intent to carry out terrorist or related unlawful acts against
that system and the ways in which those individuals might carry
out those acts. The [Under Secretary] Administrator of the
Transportation Security Administration and the Director jointly
shall decide on and carry out the most effective method for
continuous analysis and monitoring of security threats to that
system.
(b) Assessing Security.--In coordination with the Director,
the [Under Secretary] Administrator of the Transportation
Security Administration shall carry out periodic threat and
vulnerability assessments on security at each airport that is
part of the domestic air transportation system. Each assessment
shall include consideration of--
(1) the adequacy of security procedures related to
the handling and transportation of checked baggage and
cargo;
(2) space requirements for security personnel and
equipment;
(3) separation of screened and unscreened passengers,
baggage, and cargo;
(4) separation of the controlled and uncontrolled
areas of airport facilities; and
(5) coordination of the activities of security
personnel of the Transportation Security
Administration, the United States Customs Service, the
Immigration and Naturalization Service, and air
carriers, and of other law enforcement personnel.
(c) Modal Security Plan for Aviation.--In addition to the
requirements set forth in subparagraphs (B) through (F) of
[section 114(t)(3)] section 114(s)(3), the modal security plan
for aviation prepared under [section 114(t)] section 114(s)
shall--
(1) establish a damage mitigation and recovery plan
for the aviation system in the event of a terrorist
attack; and
(2) include a threat matrix document that outlines
each threat to the United States civil aviation system
and the corresponding layers of security in place to
address such threat.
(d) Operational Criteria.--[Not later than 90 days after the
date of the submission of the National Strategy for
Transportation Security under section 114(t)(4)(A), the
Assistant Secretary of Homeland Security (Transportation
Security Administration)] The Administrator of the
Transportation Security Administration shall issue operational
criteria to protect airport infrastructure and operations
against the threats identified in the plans prepared under
[section 114(t)(1)] section 114(s)(1) and shall approve best
practices guidelines for airport assets.
(e) Improving Security.--The [Under Secretary] Administrator
of the Transportation Security Administration shall take
necessary actions to improve domestic air transportation
security by correcting any deficiencies in that security
discovered in the assessments, analyses, and monitoring carried
out under this section.
Sec. 44905. Information about threats to civil aviation
(a) Providing Information.--Under guidelines the [Secretary
of Transportation] Administrator of the Transportation Security
Administration prescribes, an air carrier, airport operator,
ticket agent, or individual employed by an air carrier, airport
operator, or ticket agent, receiving information (except a
communication directed by the United States Government) about a
threat to civil aviation shall provide the information promptly
to the [Secretary.] Administrator.
(b) Flight Cancellation.--If a decision is made that a
particular threat cannot be addressed in a way adequate to
ensure, to the extent feasible, the safety of passengers and
crew of a particular flight or series of flights, the [Under
Secretary of Transportation for Security] Administrator of the
Transportation Security Administration shall cancel the flight
or series of flights.
(c) Guidelines on Public Notice.--
(1) The President shall develop guidelines for
ensuring that public notice is provided in appropriate
cases about threats to civil aviation. The guidelines
shall identify officials responsible for--
(A) deciding, on a case-by-case basis, if
public notice of a threat is in the best
interest of the United States and the traveling
public;
(B) ensuring that public notice is provided
in a timely and effective way, including the
use of a toll-free telephone number; and
(C) canceling the departure of a flight or
series of flights under subsection (b) of this
section.
(2) The guidelines shall provide for consideration
of--
(A) the specificity of the threat;
(B) the credibility of intelligence
information related to the threat;
(C) the ability to counter the threat
effectively;
(D) the protection of intelligence
information sources and methods;
(E) cancellation, by an air carrier or the
[Under Secretary] Administrator of the
Transportation Security Administration, of a
flight or series of flights instead of public
notice;
(F) the ability of passengers and crew to
take steps to reduce the risk to their safety
after receiving public notice of a threat; and
(G) other factors the [Under Secretary]
Administrator of the Transportation Security
Administration considers appropriate.
(d) Guidelines on Notice to Crews.--The [Under Secretary]
Administrator of the Transportation Security Administration
shall develop guidelines for ensuring that notice in
appropriate cases of threats to the security of an air carrier
flight is provided to the flight crew and cabin crew of that
flight.
(e) * * *
(f) Restricting Access to Information.--In cooperation with
the departments, agencies, and instrumentalities of the
Government that collect, receive, and analyze intelligence
information related to aviation security, the [Under Secretary]
Administrator of the Transportation Security Administration
shall develop procedures to minimize the number of individuals
who have access to information about threats. However, a
restriction on access to that information may be imposed only
if the restriction does not diminish the ability of the
Government to carry out its duties and powers related to
aviation security effectively, including providing notice to
the public and flight and cabin crews under this section.
(g) * * *
Sec. 44906. Foreign air carrier security programs
The [Under Secretary of Transportation for Security]
Administrator of the Transportation Security Administration
shall continue in effect the requirement of section 129.25 of
title 14, Code of Federal Regulations, that a foreign air
carrier must adopt and use a security program approved by the
[Under Secretary] Administrator. The [Under Secretary]
Administrator shall not approve a security program of a foreign
air carrier under section 129.25, or any successor regulation,
unless the security program requires the foreign air carrier in
its operations to and from airports in the United States to
adhere to the identical security measures that the [Under
Secretary] Administrator requires air carriers serving the same
airports to adhere to. The foregoing requirement shall not be
interpreted to limit the ability of the [Under Secretary]
Administrator to impose additional security measures on a
foreign air carrier or an air carrier when the [Under
Secretary] Administrator determines that a specific threat
warrants such additional measures. The [Under Secretary]
Administrator shall prescribe regulations to carry out this
section.
Sec. 44908. Travel advisory and suspension of foreign assistance
(a) Travel Advisories.--On being notified by the [Secretary
of Transportation] Administrator of the Transportation Security
Administration that the [Secretary of Transportation]
Administrator of the Transportation Security Administration has
decided under section 44907(d)(2)(A)(ii) of this title that a
condition exists that threatens the [safety or] security of
passengers, aircraft, or crew traveling to or from a foreign
airport that the Secretary of Transportation has decided under
section 44907 of this title does not maintain and carry out
effective security measures, the Secretary of State--
(1) immediately shall issue a travel advisory for
that airport; and
(2) shall publicize the advisory widely.
(b) Suspending Assistance.--The President shall suspend
assistance provided under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22
U.S.C. 2751 et seq.) to a country in which is located an
airport with respect to which section 44907(d)(1) of this title
becomes effective if the Secretary of State decides the country
is a high terrorist threat country. The President may waive
this subsection if the President decides, and reports to
Congress, that the waiver is required because of national
security interests or a humanitarian emergency.
(c) Actions No Longer Required.--An action required under
this section is no longer required only if the [Secretary of
Transportation] Administrator of the Transportation Security
Administration has made a decision as provided under section
44907(d)(4) of this title. [The Secretary] The Administrator
shall notify Congress when the action is no longer required to
be taken.
Sec. 44909. Passenger manifests
(a) Air Carrier Requirements.--
(1) [Not later than March 16, 1991, the] The
Secretary of Transportation shall require each air
carrier to provide a passenger manifest for a flight to
an appropriate representative of the Secretary of
State--
(A) not later than one hour after that
carrier is notified of an aviation disaster
outside the United States involving that
flight; or
(B) if it is not technologically feasible or
reasonable to comply with clause (A) of this
paragraph, then as expeditiously as possible,
but not later than 3 hours after the carrier is
so notified.
(2) The passenger manifest should include the
following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if
required for travel.
(C) the name and telephone number of a
contact for each passenger.
(3) In carrying out this subsection, the Secretary of
Transportation shall consider the necessity and
feasibility of requiring air carriers to collect
passenger manifest information as a condition for
passengers boarding a flight of the carrier.
(b) * * *
(c) Flights in Foreign Air Transportation to the United
States.--
(1) In general.--[Not later than 60 days after the
date of enactment of the Aviation and Transportation
Security Act, each] 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] Administrator of the Transportation
Security Administration, 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 paragraphs
(5) and (6), 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.
(5) Transmission of manifests to other federal
agencies.--Upon request, information provided to the
[Under Secretary] Administrator of the Transportation
Security Administration or the Customs Service under
this subsection may be shared with other Federal
agencies for the purpose of protecting national
security.
(6) Prescreening international passengers.--
(A) In general.--[Not later than 60 days
after date of enactment of this paragraph, the]
The Secretary of Homeland Security, or the
designee of the Secretary, shall issue a notice
of proposed rulemaking that will allow the
Department of Homeland Security to compare
passenger information for any international
flight to or from the United States against the
consolidated and integrated terrorist watchlist
maintained by the Federal Government before
departure of the flight.
(B) Appeal procedures.--
(i) In general.--The Secretary of
Homeland Security shall establish a
timely and fair process for individuals
identified as a threat under
subparagraph (A) to appeal to the
Department of Homeland Security the
determination and correct any erroneous
information.
(ii) Records.--The process shall
include the establishment of a method
by which [the Secretary will] the
Secretary of Homeland Security will be
able to maintain a record of air
passengers and other individuals who
have been misidentified and have
corrected erroneous information. To
prevent repeated delays of
misidentified passengers and other
individuals, the Department of Homeland
Security record shall contain
information determined by [the
Secretary to] the Secretary of Homeland
Security to authenticate the identity
of such a passenger or individual.
Sec. 44911. Intelligence
(a) Definition.--In this section, ``intelligence community''
means the intelligence and intelligence-related activities of
the following units of the United States Government:
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.
(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b) Policies and Procedures on Report Availability.--The head
of each unit in the intelligence community shall prescribe
policies and procedures to ensure that intelligence reports
about terrorism are made available, as appropriate, to the
heads of other units in the intelligence community, the
Secretary of Transportation, and the [Under Secretary of
Transportation for Security] Administrator of the
Transportation Security Administration.
(c) Unit for Strategic Planning on Terrorism.--The heads of
the units in the intelligence community shall place greater
emphasis on strategic intelligence efforts by establishing a
unit for strategic planning on terrorism.
(d) Designation of Intelligence Officer.--At the [request of
the Secretary] request of the Secretary of Homeland Security,
the Director of Central Intelligence shall designate at least
one intelligence officer of the Central Intelligence Agency to
serve in a senior position in the Office of the Secretary.
(e) Written Working Agreements.--The heads of units in the
intelligence community, the [Secretary, and the Under
Secretary] Secretary of Homeland Security, and the
Administrator of the Transportation Security Administration
shall review and, as appropriate, revise written working
agreements between the [intelligence community and the Under
Secretary] intelligence community and the Administrator of the
Transportation Security Administration.
Sec. 44912. Research and development
(a) Program Requirement.--
(1) The [Under Secretary of Transportation for
Security] Administrator shall establish and carry out a
program to accelerate and expand the research,
development, and implementation of technologies and
procedures to counteract terrorist acts against civil
aviation. The program shall provide for developing and
having in place[, not later than November 16, 1993,]
new equipment and procedures necessary to meet the
technological challenges presented by terrorism. The
program shall include research on, and development of,
technological improvements and ways to enhance human
performance.
(2) In designing and carrying out the program
established under this subsection, the [Under
Secretary] Administrator shall--
(A) consult and coordinate activities with
other departments, agencies, and
instrumentalities of the United States
Government doing similar research;
(B) identify departments, agencies, and
instrumentalities that would benefit from that
research; and
(C) seek cost-sharing agreements with those
departments, agencies, and instrumentalities.
(3) In carrying out the program established under
this subsection, the [Under Secretary] Administrator
shall review and consider the annual reports the
Secretary of Transportation submits to Congress on
transportation security and intelligence.
(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, on an annual basis,
submit to the [Research, Engineering and
Development Advisory Committee] Administrator 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.
(5) The [Under Secretary] Administrator may--
(A) make grants to institutions of higher
learning and other appropriate research
facilities with demonstrated ability to carry
out research described in paragraph (1) of this
subsection, and fix the amounts and terms of
the grants; and
(B) make cooperative agreements with
governmental authorities the [Under Secretary]
Administrator decides are appropriate.
(b) Review of Threats.--
(1) The [Under Secretary] Administrator shall
periodically review threats to civil aviation, with
particular focus on--
(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;
(B) explosive material that presents the most
significant threat to civil aircraft;
(C) the minimum amounts, configurations, and
types of explosive material that can cause, or
would reasonably be expected to cause,
catastrophic damage to aircraft in air
transportation;
(D) the amounts, configurations, and types of
explosive material that can be detected
reliably by existing, or reasonably
anticipated, near-term explosive detection
technologies;
(E) the potential release of chemical,
biological, or similar weapons or devices
either within an aircraft or within an airport;
(F) the feasibility of using various ways to
minimize damage caused by explosive material
that cannot be detected reliably by existing,
or reasonably anticipated, near-term explosive
detection technologies;
(G) the ability to screen passengers, carry-
on baggage, checked baggage, and cargo; and
(H) the technologies that might be used in
the future to attempt to destroy or otherwise
threaten commercial aircraft and the way in
which those technologies can be countered
effectively.
(2) The [Under Secretary] Administrator shall use the
results of the review under this subsection to develop
the focus and priorities of the program established
under subsection (a) of this section.
(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.
(4) [Not later than 90 days after the date of the
enactment of the Aviation and Transportation Security
Act, and every two years thereafter,] Biennially, 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.
(d) Security and Research and Development Activities.--
(1) In general.--The Administrator shall conduct
research (including behavioral research) and
development activities appropriate to develop, modify,
test, and evaluate a system, procedure, facility, or
device to protect passengers and property against acts
of criminal violence, aircraft piracy, and terrorism
and to ensure security.
(2) Disclosure.--
(A) In general.--Notwithstanding section 552
of title 5, the Administrator shall prescribe
regulations prohibiting disclosure of
information obtained or developed in ensuring
security under this title if the Secretary of
Homeland Security decides disclosing the
information would--
(i) be an unwarranted invasion of
personal privacy;
(ii) reveal a trade secret or
privileged or confidential commercial
or financial information; or
(iii) be detrimental to
transportation safety.
(B) Information to congress.--Subparagraph
(A) does not authorize information to be
withheld from a committee of Congress
authorized to have the information.
(C) Rule of construction.--Nothing in
subparagraph (A) shall be construed to
authorize the designation of information as
sensitive security information (as defined in
section 15.5 of title 49, Code of Federal
Regulations)--
(i) to conceal a violation of law,
inefficiency, or administrative error;
(ii) to prevent embarrassment to a
person, organization, or agency;
(iii) to restrain competition; or
(iv) to prevent or delay the release
of information that does not require
protection in the interest of
transportation security, including
basic scientific research information
not clearly related to transportation
security.
(D) Privacy act.--Section 552a of title 5
shall not apply to disclosures that the
Administrator of the Transportation Security
Administration may make from the systems of
records of the Transportation Security
Administration to any Federal law enforcement,
intelligence, protective service, immigration,
or national security official in order to
assist the official receiving the information
in the performance of official duties.
(3) Transfers of duties and powers prohibited.--
Except as otherwise provided by law, the Administrator
may not transfer a duty or power under this section to
another department, agency, or instrumentality of the
United States Government.
(e) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of the Transportation
Security Administration.
Sec. 44913. Explosive detection
(a) Deployment and Purchase of Equipment.--
(1) A deployment or purchase of explosive detection
equipment under section 108.7(b)(8) or 108.20 of title
14, Code of Federal Regulations, or similar regulation
is required only if the [Under Secretary of
Transportation for Security] Administrator of the
Transportation Security Administration certifies that
the equipment alone, or as part of an integrated
system, can detect under realistic air carrier
operating conditions the amounts, configurations, and
types of explosive material that would likely be used
to cause catastrophic damage to commercial aircraft.
The Administrator shall base the certification on the
results of tests conducted under protocols developed in
consultation with expert scientists outside of the
Transportation Security Administration. Those tests
shall be completed not later than April 16, 1992.
[(2) Before completion of the tests described in
paragraph (1) of this subsection, but not later than
April 16, 1992, the [Under Secretary] Administrator may
require deployment of explosive detection equipment
described in paragraph (1) if the [Under Secretary]
Administrator decides that deployment will enhance
aviation security significantly. In making that
decision, the [Under Secretary] Administrator shall
consider factors such as the ability of the equipment
alone, or as part of an integrated system, to detect
under realistic air carrier operating conditions the
amounts, configurations, and types of explosive
material that would likely be used to cause
catastrophic damage to commercial aircraft. The [Under
Secretary] Administrator shall notify the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives of a deployment decision
made under this paragraph.]
[(3)](2) Until such time as the [Under Secretary]
Administrator determines that equipment certified under
paragraph (1) is commercially available and has
successfully completed operational testing as provided
in paragraph (1), the [Under Secretary] Administrator
shall facilitate the deployment of such approved
commercially available explosive detection devices as
the [Under Secretary] Administrator determines will
enhance aviation security significantly. The [Under
Secretary] Administrator shall require that equipment
deployed under this paragraph be replaced by equipment
certified under paragraph (1) when equipment certified
under paragraph (1) becomes commercially available. The
[Under Secretary] Administrator is authorized, based on
operational considerations at individual airports, to
waive the required installation of commercially
available equipment under paragraph (1) in the
interests of aviation security. The [Under Secretary]
Administrator may permit the requirements of this
paragraph to be met at airports by the deployment of
dogs or other appropriate animals to supplement
equipment for screening passengers, baggage, mail, or
cargo for explosives or weapons.
[(4)](3) This subsection does not prohibit the [Under
Secretary] Administrator from purchasing or deploying
explosive detection equipment described in paragraph
(1) of this subsection.
(b) Grants.--The [Secretary of Transportation] Administrator
may provide grants to continue the Explosive Detection K-9 Team
Training Program to detect explosives at airports and on
aircraft.
Sec. 44914. Airport construction guidelines
In consultation with the Department of Transportation, air
carriers, airport authorities, and others the [Under Secretary
of Transportation for Security] Administrator of the
Transportation Security Administration considers appropriate,
the [Under Secretary] Administrator shall develop guidelines
for airport design and construction to allow for maximum
security enhancement. In developing the guidelines, the [Under
Secretary] Administrator shall consider the results of the
assessment carried out under section 44904(a) of this title.
Sec. 44915. Exemptions
The [Under Secretary of Transportation for Security]
Administrator of the Transportation Security Administration may
exempt from sections 44901, 44903(a)-(c) and (e), 44906, 44935,
and 44936 of this title airports in Alaska served only by air
carriers that--
(1) hold certificates issued under section 41102 of
this title;
(2) operate aircraft with certificates for a maximum
gross takeoff weight of less than 12,500 pounds; and
(3) board passengers, or load property intended to be
carried in an aircraft cabin, that will be screened
under section 44901 of this title at another airport in
Alaska before the passengers board, or the property is
loaded on, an aircraft for a place outside Alaska.
Sec. 44916. Assessments and evaluations
(a) Periodic Assessments.--The [Under Secretary of
Transportation for Security] Administrator of the
Transportation Security Administration shall require each air
carrier and airport (including the airport owner or operator in
cooperation with the air carriers and vendors serving each
airport) that provides for intrastate, interstate, or foreign
air transportation to conduct periodic vulnerability
assessments of the security systems of that air carrier or
airport, respectively. The Transportation Security
Administration shall perform periodic audits of such
assessments.
(b) Investigations.--The [Under Secretary] Administrator of
the Transportation Security Administration shall conduct
periodic and unannounced inspections of security systems of
airports and air carriers to determine the effectiveness and
vulnerabilities of such systems. To the extent allowable by
law, the [Under Secretary] Administrator may provide for
anonymous tests of those security systems.
Sec. 44917. Deployment of Federal air marshals
(a) In General.--The [Under Secretary of Transportation for
Security] Administrator of the Transportation Security
Administration under the authority provided by section
44903(d)--
(1) may provide for deployment of Federal air
marshals on every passenger flight of air carriers in
air transportation or intrastate air transportation;
(2) shall provide for deployment of Federal air
marshals on every such flight determined [by the
Secretary] to present high security risks;
(3) shall provide for appropriate training,
supervision, and equipment of Federal air marshals;
(4) shall require air carriers providing flights
described in paragraph (1) to provide seating for a
Federal air marshal on any such flight without regard
to the availability of seats on the flight and at no
cost to the United States Government or the marshal;
(5) may 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;
(6) may enter into agreements with Federal, State,
and local agencies under which appropriately-trained
law enforcement personnel from such agencies, when
traveling on a flight of an air carrier, will carry a
firearm and be prepared to assist Federal air marshals;
(7) shall establish procedures to ensure that Federal
air marshals are made aware of any armed or unarmed law
enforcement personnel on board an aircraft; and
(8) may appoint--
(A) an individual who is a retired law
enforcement officer;
(B) an individual who is a retired member of
the Armed Forces; and
(C) an individual who has been furloughed
from an air carrier crew position in the 1-year
period beginning on September 11, 2001,
(1) as a Federal air marshal, regardless of age, if
the individual otherwise meets the background and
fitness qualifications required for Federal air
marshals.
(b)* * *
(d) Training for Foreign Law Enforcement Personnel.--
(1) In general.--The [Assistant Secretary for
Immigration and Customs Enforcement of the Department
of Homeland Security] Administrator of the
Transportation Security Administration, after
consultation with the Secretary of State, may direct
the Federal Air Marshal Service to provide appropriate
air marshal training to law enforcement personnel of
foreign countries.
(2) Watchlist screening.--The Federal Air Marshal
Service may only provide appropriate air marshal
training to law enforcement personnel of foreign
countries after comparing the identifying information
and records of law enforcement personnel of foreign
countries against all appropriate records in the
consolidated and integrated terrorist watchlists
maintained by the Federal Government.
(3) Fees.--The [Assistant Secretary] Administrator of
the Transportation Security Administration shall
establish reasonable fees and charges to pay expenses
incurred in carrying out this subsection. Funds
collected under this subsection shall be credited to
the account in the Treasury from which the expenses
were incurred and shall be available to the [Assistant
Secretary] Administrator of the Transportation Security
Administration for purposes for which amounts in such
account are available.
Sec. 44918. Crew training
(a) Basic Security Training.--
(1) In general.--Each air carrier providing scheduled
passenger air transportation shall carry out a training
program for flight and cabin crew members to prepare
the crew members for potential threat conditions.
(2) Program elements.--An air carrier training
program under this subsection shall include, at a
minimum, elements that address each of the following:
(A) Recognizing suspicious activities and
determining the seriousness of any occurrence.
(B) Crew communication and coordination.
(C) The proper commands to give passengers
and attackers.
(D) Appropriate responses to defend oneself.
(E) Use of protective devices assigned to
crew members (to the extent such devices are
required by the Administrator of the Federal
Aviation Administration or the [Under Secretary
for Border and Transportation Security of the
Department of Homeland Security] Administrator
of the Transportation Security Administration).
(F) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
(G) Situational training exercises regarding
various threat conditions.
(H) Flight deck procedures or aircraft
maneuvers to defend the aircraft and cabin crew
responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search,
including explosive device recognition.
(J) Any other subject matter considered
appropriate by the [Under Secretary]
Administrator of the Transportation Security
Administration.
(3) Approval.--An air carrier training program under
this subsection shall be subject to approval by the
[Under Secretary] Administrator of the Transportation
Security Administration.
(4) Minimum standards.--[Not later than one year
after the date of enactment of the Vision 100--Century
of Aviation Reauthorization Act, the] The [Under
Secretary] Administrator of the Transportation Security
Administration may establish minimum standards for the
training provided under this subsection and for
recurrent training.
(5) Existing programs.--Notwithstanding paragraphs
(3) and (4), any training program of an air carrier to
prepare flight and cabin crew members for potential
threat conditions that was approved by the
Administrator or the [Under Secretary] Administrator of
the Transportation Security Administration before [the
date of enactment of the Vision 100--Century of
Aviation Reauthorization Act] December 12, 2003, may
continue in effect until disapproved or ordered
modified by the [Under Secretary] Administrator of the
Transportation Security Administration.
(6) Monitoring.--The [Under Secretary] Administrator
of the Transportation Security Administration, in
consultation with the Administrator, shall monitor air
carrier training programs under this subsection and
periodically shall review an air carrier's training
program to ensure that the program is adequately
preparing crew members for potential threat conditions.
In determining when an air carrier's training program
should be reviewed under this paragraph, the [Under
Secretary] Administrator of the Transportation Security
Administration shall consider complaints from crew
members. The [Under Secretary] Administrator of the
Transportation Security Administration shall ensure
that employees responsible for monitoring the training
programs have the necessary resources and knowledge.
(7) Updates.--The [Under Secretary] Administrator of
the Transportation Security Administration, in
consultation with the Administrator, shall order air
carriers to modify training programs under this
subsection to reflect new or different security
threats.
(b) Advanced Self-defense Training.--
(1) In general.--[Not later than one year after the
date of enactment of the Vision 100--Century of
Aviation Reauthorization Act, the] The [Under
Secretary] Administrator of the Transportation Security
Administration shall develop and provide a voluntary
training program for flight and cabin crew members of
air carriers providing scheduled passenger air
transportation.
(2) Program elements.--The training program under
this subsection shall include both classroom and
effective hands-on training in the following elements
of self-defense:
(A) Deterring a passenger who might present a
threat.
(B) Advanced control, striking, and restraint
techniques.
(C) Training to defend oneself against edged
or contact weapons.
(D) Methods to subdue and restrain an
attacker.
(E) Use of available items aboard the
aircraft for self-defense.
(F) Appropriate and effective responses to
defend oneself, including the use of force
against an attacker.
(G) Any other element of training that the
[Under Secretary] Administrator of the
Transportation Security Administration
considers appropriate.
(3) Participation not required.--A crew member shall
not be required to participate in the training program
under this subsection.
(4) Compensation.--Neither the Federal Government nor
an air carrier shall be required to compensate a crew
member for participating in the training program under
this subsection.
(5) Fees.--A crew member shall not be required to pay
a fee for the training program under this subsection.
(6) Consultation.--In developing the training program
under this subsection, the [Under Secretary]
Administrator of the Transportation Security
Administration shall consult with law enforcement
personnel and security experts who have expertise in
self-defense training, terrorism experts,
representatives of air carriers, the director of self-
defense training in the [Federal Air Marshals Service]
Federal Air Marshal Service, flight attendants, labor
organizations representing flight attendants, and
educational institutions offering law enforcement
training programs.
(7) Designation of tsa official.--The [Under
Secretary] Administrator of the Transportation Security
Administration shall designate an official in the
Transportation Security Administration to be
responsible for implementing the training program under
this subsection. The official shall consult with air
carriers and labor organizations representing crew
members before implementing the program to ensure that
it is appropriate for situations that may arise on
board an aircraft during a flight.
(c) Limitation.--Actions by crew members under this section
shall be subject to the provisions of section 44903(k).
[Sec. 44919. Security screening pilot program
[(a) Establishment of Program.--The Under Secretary shall
establish a pilot program under which, upon approval of an
application submitted by an operator of an airport, the
screening of passengers and property at the airport under
section 44901 will be carried out by the screening personnel of
a qualified private screening company under a contract entered
into with the Under Secretary.
[(b) Period of Pilot Program.--The pilot program under this
section shall begin on the last day of the 1-year period
beginning on the date of enactment of this section and end on
the last day of the 3-year period beginning on such date of
enactment.
[(c) Applications.--An operator of an airport may submit to
the Under Secretary an application to participate in the pilot
program under this section.
[(d) Selection of Airports.--From among applications
submitted under subsection (c), the Under Secretary may select
for participation in the pilot program not more than 1 airport
from each of the 5 airport security risk categories, as defined
by the Under Secretary.
[(e) Supervision of Screened Personnel.--The Under Secretary
shall provide Federal Government supervisors to oversee all
screening at each airport participating in the pilot program
under this section and provide Federal Government law
enforcement officers at the airport pursuant to this chapter.
[(f) Qualified Private Screening Company.--A private
screening company is qualified to provide screening services at
an airport participating in the pilot program under this
section if the company will only employ individuals to provide
such services who meet all the requirements of this chapter
applicable to Federal Government personnel who perform
screening services at airports under this chapter and will
provide compensation and other benefits to such individuals
that are not less than the level of compensation and other
benefits provided to such Federal Government personnel in
accordance with this chapter.
[(g) Standards for Private Screening Companies.--The Under
Secretary may enter into a contract with a private screening
company to provide screening at an airport participating in the
pilot program under this section only if the Under Secretary
determines and certifies to Congress that the private screening
company is owned and controlled by a citizen of the United
States, to the extent that the Under Secretary determines that
there are private screening companies owned and controlled by
such citizens.
[(h) Termination of Contracts.--The Under Secretary may
terminate any contract entered into with a private screening
company to provide screening services at an airport under the
pilot program if the Under Secretary finds that the company has
failed repeatedly to comply with any standard, regulation,
directive, order, law, or contract applicable to the hiring or
training of personnel to provide such services or to the
provision of screening at the airport.
[(i) Election.--If a contract is in effect with respect to
screening at an airport under the pilot program on the last day
of the 3-year period beginning on the date of enactment of this
section, the operator of the airport may elect to continue to
have such screening carried out by the screening personnel of a
qualified private screening company under a contract entered
into with the Under Secretary under section 44920 or by Federal
Government personnel in accordance with this chapter.]
Sec. 44919. PreCheck Program
(a) In General.--The Administrator of the Transportation
Security Administration shall continue to administer the
PreCheck Program in accordance with section 109(a)(3) of the
Aviation and Transportation Security Act (49 U.S.C. 114 note).
(b) Expansion.--Not later than 180 days after the date of
enactment of the TSA Modernization Act, the Administrator shall
enter into an agreement, using other transaction authority
under section 114(m) of this title, with at least 2 private
sector entities to increase the methods and capabilities
available for the public to enroll in the PreCheck Program.
(c) Minimum Capability Requirements.--At least 1 agreement
under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile
enrollment capability.
(2) Vetting of an applicant by means other than
biometrics, such as a risk assessment, if--
(A) such means--
(i) are evaluated and certified by
the Secretary of Homeland Security;
(ii) meet the definition of a
qualified anti-terrorism technology
under section 865 of the Homeland
Security Act of 2002 (6 U.S.C. 444); or
(iii) are determined by the
Administrator to provide a risk
assessment that is as effective as a
fingerprint-based criminal history
records check conducted through the
Federal Bureau of Investigation with
respect to identifying individuals who
are not qualified to participate in the
PreCheck Program due to disqualifying
criminal history; and
(B) with regard to private sector risk
assessments, the Secretary has certified that
reasonable procedures are in place with regard
to the accuracy, relevancy, and proper
utilization of information employed in such
risk assessments.
(d) Additional Capability Requirements.--At least 1 agreement
under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile
enrollment capability.
(2) Vetting of an applicant by means of biometrics if
the collection--
(A) is comparable with the appropriate and
applicable standards developed by the National
Institute of Standards and Technology; and
(B) protects privacy and data security,
including that any personally identifiable
information is collected, retained, used, and
shared in a manner consistent with section 552a
of title 5, United States Code (commonly known
as ``Privacy Act of 1974''), and with agency
regulations.
(e) Target Enrollment.--Subject to subsections (b), (c), and
(d), the Administrator shall take actions to expand the total
number of individuals enrolled in the PreCheck Program as
follows:
(1) 7,000,000 passengers before October 1, 2018.
(2) 10,000,000 passengers before October 1, 2019.
(3) 15,000,000 passengers before October 1, 2020.
(f) Marketing of PreCheck Program.--Not later than 90 days
after the date of enactment of the TSA Modernization Act, the
Administrator shall--
(1) enter into at least 2 agreements, using other
transaction authority under section 114(m) of this
title, to market the PreCheck Program; and
(2) implement a long-term strategy for partnering
with the private sector to encourage enrollment in such
program.
(g) Identity Verification Enhancement.--The Administrator
shall--
(1) coordinate with the heads of appropriate
components of the Department to leverage Department-
held data and technologies to verify the identity and
citizenship of individuals enrolling in the PreCheck
Program;
(2) partner with the private sector to use biometrics
and authentication standards, such as relevant
standards developed by the National Institute of
Standards and Technology, to facilitate enrollment in
the program; and
(3) consider leveraging the existing resources and
abilities of airports to collect fingerprints for use
in background checks to expedite identity verification.
(h) PreCheck Program Lanes Operation.--The Administrator
shall--
(1) ensure that PreCheck Program screening lanes are
open and available during peak and high-volume travel
times at appropriate airports to individuals enrolled
in the PreCheck Program; and
(2) make every practicable effort to provide
expedited screening at standard screening lanes during
times when PreCheck Program screening lanes are closed
to individuals enrolled in the program in order to
maintain operational efficiency.
(i) Vetting for PreCheck Program Participants.--The
Administrator shall initiate an assessment to identify any
security vulnerabilities in the vetting process for the
PreCheck Program, including determining whether subjecting
PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent
checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the
PreCheck Program.
(j) Assurance of Separate Program.--In carrying out this
section, the Administrator shall ensure that the PreCheck
program enrollment capabilities, including the additional
private sector application capabilities under subsections (b),
(c), and (d), are separate from any other related TSA program,
initiative, or procurement, including the Universal Enrollment
Services program.
(k) Expenditure of Funds.--Any Federal funds expended by the
Administrator to expand PreCheck Program enrollment shall be
expended in a manner that meets the requirements of this
section.
Sec. 44920. [Security screening opt-out program] Screening partnership
program
[(a) In General.--On or after the last day of the 2-year
period beginning on the date on which the Under Secretary
transmits to Congress the certification required by section
110(c) of the Aviation and Transportation Security Act, an
operator of an airport may submit to the Under Secretary an
application to have the screening of passengers and property at
the airport under section 44901 to be carried out by the
screening personnel of a qualified private screening company
under a contract entered into with the Under Secretary.]
(a) In General.--An operator of an airport, airport terminal,
or airport security checkpoint may submit to the Administrator
of the Transportation Security Administration an application to
carry out the screening of passengers and property at the
airport under section 44901 by personnel of a qualified private
screening company pursuant to a contract with the
Transportation Security Administration.
(b) Approval of Applications.--
[(1) In general.--Not later than 120 days after the
date of receipt of an application submitted by an
airport operator under subsection (a), the Under
Secretary shall approve or deny the application.]
(1) In general.--Not later than 30 days after the
date of receipt of an application submitted by an
operator of an airport, airport terminal, or airport
security checkpoint under subsection (a), the
Administrator shall approve or deny the application.
(2) Standards.--The [Under Secretary] Administrator
shall approve an application submitted by an airport
operator under subsection (a) if the [Under Secretary]
Administrator determines that the approval would not
compromise security or detrimentally affect the cost-
efficiency or the effectiveness of the screening of
passengers or property at the airport.
(3) Reports on denials of applications.--
(A) In general.--If the [Under Secretary]
Administrator denies an application submitted
by an airport operator under subsection (a),
the [Under Secretary] Administrator shall
provide to the airport operator, not later than
60 days following the date of the denial, a
written report that sets forth--
(i) the findings that served as the
basis for the denial;
(ii) the results of any cost or
security analysis conducted in
considering the application; and
(iii) recommendations on how the
airport operator can address the
reasons for the denial.
(B) Submission to congress.--The [Under
Secretary] Administrator shall submit to the
Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Homeland Security of the House of
Representatives a copy of any report provided
to an airport operator under subparagraph (A).
(c) Qualified Private Screening Company.--A private screening
company is qualified to provide screening services at an
airport under this section if the company will only employ
individuals to provide such services who meet all the
requirements of this chapter applicable to Federal Government
personnel who perform screening services at airports under this
chapter and will provide compensation and other benefits to
such individuals that are not less than the level of
compensation and other benefits provided to such Federal
Government personnel in accordance with this chapter.
(d) [Standards] Selection of Contracts and Standards for
Private Screening Companies.--
(1) In general.--[The Under Secretary may enter into
a contract with a private screening company to provide
screening at an airport under this section only if the
Under Secretary determines and certifies to Congress
that--] The Administrator shall, upon approval of the
application, provide each operator of an airport,
airport terminal, or airport security checkpoint with a
list of qualified private screening companies.
(2) Contracts.--Not later than 60 days after the
selection of a qualified private screening company by
the operator, the Administrator shall enter into a
contract with such company for the provision of
screening at the airport, airport terminal, or airport
security checkpoint if--
(A) the level of screening services and
protection provided at the airport under the
contract will be equal to or greater than the
level that would be provided at the airport by
Federal Government personnel under this
chapter[; and];
(B) the private screening company is owned
and controlled by a citizen of the United
States, to the extent that the [Under
Secretary] Administrator determines that there
are private screening companies owned and
controlled by such citizens[.]; and
(C) the selected qualified private screening
company offered contract price is equal to or
less than the comprehensive cost to the Federal
Government to provide screening services at the
airport, airport terminal, or airport security
checkpoint.
[(2)](3) Waivers.--The [Under Secretary]
Administrator may waive the requirement of [paragraph
(1)(B)] paragraph (2)(B) for any company that is a
United States subsidiary with a parent company that has
implemented a foreign ownership, control, or influence
mitigation plan that has been approved by the Defense
Security Service of the Department of Defense prior to
the submission of the application. The [Under
Secretary] Administrator has complete discretion to
reject any application from a private screening company
to provide screening services at an airport that
requires a waiver under this paragraph.
(e) Supervision of [Screened] Screening Personnel.--[The
Under Secretary shall] The Administrator shall--
(1) provide Federal Government supervisors to oversee
all screening at each airport at which screening
services are provided under this section and provide
Federal Government law enforcement officers at the
airport pursuant to this chapter[.]; and
(2) undertake covert testing and remedial training
support for employees of private screening companies
providing screening at airports.
(f) Termination or Suspension of Contracts.--The [Under
Secretary] Administrator may [terminate] suspend or terminate,
as appropriate, any contract entered into with a private
screening company to provide screening services at an airport
under this section if the [Under Secretary] Administrator finds
that the company has failed repeatedly to comply with any
standard, regulation, directive, order, law, or contract
applicable to the hiring or training of personnel to provide
such services or to the provision of screening at the airport.
(g) Operation of Airport.--Notwithstanding any other
provision of law, an operator of an airport shall not be liable
for any claims for damages filed in State or Federal court
(including a claim for compensatory, punitive, contributory, or
indemnity damages) relating to--
(1) such airport operator's decision to submit an
application to the Secretary of Homeland Security under
[subsection (a) or section 44919] subsection (a) or
such airport operator's decision not to submit an
application; and
(2) any act of negligence, gross negligence, or
intentional wrongdoing by--
(A) a qualified private screening company or
any of its employees in any case in which the
qualified private screening company is acting
under a contract entered into with the
Secretary of Homeland Security or the
Secretary's designee; or
(B) employees of the Federal Government
providing passenger and property security
screening services at the airport.
(3) Nothing in this section shall relieve any airport
operator from liability for its own acts or omissions
related to its security responsibilities, nor except as
may be provided by the Support Anti-Terrorism by
Fostering Effective Technologies Act of 2002 shall it
relieve any qualified private screening company or its
employees from any liability related to its own acts of
negligence, gross negligence, or intentional
wrongdoing.
[(h) Recommendations of Airport Operator.--As part of any
submission of an application for a private screening company to
provide screening services at an airport, the airport operator
shall provide to the Under Secretary a recommendation as to
which company would best serve the security screening and
passenger needs of the airport, along with a statement
explaining the basis of the operator's recommendation.]
(i) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of the Transportation
Security Administration.
Sec. 44921. Federal flight deck officer program
(a) Establishment.--The [Under Secretary of Transportation
for Security] Administrator shall establish a program to
deputize volunteer pilots of air carriers providing air
transportation or intrastate air transportation as Federal law
enforcement officers to defend the flight decks of aircraft of
such air carriers against acts of criminal violence or air
piracy. Such officers shall be known as ``Federal flight deck
officers''.
(b) Procedural Requirements.--
(1) In general.--[Not later than 3 months after the
date of enactment of this section, the Under Secretary]
The Administrator shall establish procedural
requirements to carry out the program under this
section.
(2) Commencement of program.--[Beginning 3 months
after the date of enactment of this section, the Under
Secretary shall begin the process of training and
deputizing] The Administrator shall train and deputize
pilots who are qualified to be Federal flight deck
officers as FFDO under the program.
(3) Issues to be addressed.--The procedural
requirements established under paragraph (1) shall
address the following issues:
(A) The type of firearm to be used by a
Federal flight deck officer.
(B) The type of ammunition to be used by a
Federal flight deck officer.
(C) The standards and training needed to
qualify and requalify as a Federal flight deck
officer.
(D) The placement of the firearm of a Federal
flight deck officer on board the aircraft to
ensure both its security and its ease of
retrieval in an emergency.
(E) An analysis of the risk of catastrophic
failure of an aircraft as a result of the
discharge (including an accidental discharge)
of a firearm to be used in the program into the
avionics, electrical systems, or other
sensitive areas of the aircraft.
(F) The division of responsibility between
pilots in the event of an act of criminal
violence or air piracy if only 1 pilot is a
Federal flight deck officer and if both pilots
are Federal flight deck officers.
(G) Procedures for ensuring that the firearm
of a Federal flight deck officer does not leave
the cockpit if there is a disturbance in the
passenger cabin of the aircraft or if the pilot
leaves the cockpit for personal reasons.
(H) Interaction between a Federal flight deck
officer and a Federal air marshal on board the
aircraft.
(I) The process for selection of pilots to
participate in the program based on their
fitness to participate in the program,
including whether an additional background
check should be required beyond that required
by section 44936(a)(1).
(J) Storage and transportation of firearms
between flights, including international
flights, to ensure the security of the
firearms, focusing particularly on whether such
security would be enhanced by requiring storage
of the firearm at the airport when the pilot
leaves the airport to remain overnight away
from the pilot's base airport.
(K) Methods for ensuring that security
personnel will be able to identify whether a
pilot is authorized to carry a firearm under
the program.
(L) Methods for ensuring that pilots
(including Federal flight deck officers) will
be able to identify whether a passenger is a
law enforcement officer who is authorized to
carry a firearm aboard the aircraft.
(M) Any other issues that the [Under
Secretary] Administrator considers necessary.
(N) The [Under Secretary's] Administrator's
decisions regarding the methods for
implementing each of the foregoing procedural
requirements shall be subject to review only
for abuse of discretion.
(4) Preference.--In selecting pilots to participate
in the program, the [Under Secretary] Administrator
shall give preference to pilots who are former military
or law enforcement personnel.
(5) Classified information.--Notwithstanding section
552 of title 5 but subject to section 40119 of this
title, information developed under paragraph (3)(E)
shall not be disclosed.
(6) Notice to congress.--The [Under Secretary]
Administrator shall provide notice to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate after completing the
analysis required by paragraph (3)(E).
(7) Minimization of risk.--If the [Under Secretary]
Administrator determines as a result of the analysis
under paragraph (3)(E) that there is a significant risk
of the catastrophic failure of an aircraft as a result
of the discharge of a firearm, the [Under Secretary]
Administrator shall take such actions as may be
necessary to minimize that risk.
(c) Training, Supervision, and Equipment.--
(1) In general.--The [Under Secretary] Administrator
shall only be obligated to provide the training,
supervision, and equipment necessary for a pilot to be
a Federal flight deck officer under this section at no
expense to the pilot or the air carrier employing the
pilot.
(2) Training.--
(A) In general.--The [Under Secretary]
Administrator shall base the requirements for
the training of Federal flight deck officers
under subsection (b) on the training standards
applicable to Federal air marshals; except that
the [Under Secretary] Administrator shall take
into account the differing roles and
responsibilities of Federal flight deck
officers and Federal air marshals.
(B) Elements.--The training of a Federal
flight deck officer shall include, at a
minimum, the following elements:
(i) Training to ensure that the
officer achieves the level of
proficiency with a firearm required
under subparagraph (C)(i).
(ii) Training to ensure that the
officer maintains exclusive control
over the officer's firearm at all
times, including training in defensive
maneuvers.
(iii) Training to assist the officer
in determining when it is appropriate
to use the officer's firearm and when
it is appropriate to use less than
lethal force.
(C) Training in use of firearms.--
(i) Standard.--In order to be
deputized as a Federal flight deck
officer, a pilot must achieve a level
of proficiency with a firearm that is
required by the [Under Secretary]
Administrator. Such level shall be
comparable to the level of proficiency
required of Federal air marshals.
(ii) Conduct of training.--[The
training of]
(I) In general.--The training
of a Federal flight deck
officer in the use of a firearm
may be conducted by the [Under
Secretary] Administrator or by
a firearms training facility
[approved by the Under
Secretary].
(II) Access to training
facilities.--Not later than 180
days after the date of
enactment of the TSA
Modernization Act, the
Administrator shall designate
additional firearms training
facilities located in various
regions of the United States
for Federal flight deck
officers for recurrent and
requalifying training relative
to the number of such
facilities available on the day
before such date of enactment.
(iii) Requalification.--[The Under
Secretary shall]
(I) In general.--The
Administrator shall require a
Federal flight deck officer to
requalify to carry a firearm
under the program. Such
requalification shall occur at
an interval required by [the
Under Secretary] the
Administrator.
(II) Use of facilities for
requalification.--The
Administrator shall allow a
Federal flight deck officer to
requalify to carry a firearm
under the program through
training at a Transportation
Security Administration-
approved firearms training
facility utilizing a
Transportation Security
Administration-approved
contractor and a curriculum
developed and approved by the
Transportation Security
Administration.
(iv) Periodic review.--The
Administrator shall periodically review
requalification training intervals and
assess whether it is appropriate and
sufficient to adjust the time between
each requalification training to
facilitate continued participation in
the program under this section while
still maintaining effectiveness of the
training, and update the training
requirements as appropriate.
(D) Training review.--The Administrator shall
periodically review training requirements for
initial and recurrent training for Federal
flight deck officers and evaluate how training
requirements, including the length of training,
could be streamlined while maintaining the
effectiveness of the training, and update the
training requirements as appropriate.
(d) Deputization.--
(1) In general.--The [Under Secretary] Administrator
may deputize, as a Federal flight deck officer under
this section, a pilot who submits to the [Under
Secretary] Administrator a request to be such an
officer and whom the [Under Secretary] Administrator
determines is qualified to be such an officer.
(2) Qualification.--[A pilot is]
(A) In general.--A pilot is qualified to be a
Federal flight deck officer under this section
if--
[(A)](i) the pilot is employed by an air
carrier;
[(B)](ii) the [Under Secretary] Administrator
determines (in the [Under Secretary's]
Administrator's discretion) that the pilot
meets the standards established by the [Under
Secretary] Administrator for being such an
officer; and
[(C)](iii) the [Under Secretary]
Administrator determines that the pilot has
completed the training required by the [Under
Secretary] Administrator.
(B) Consistency with requirements for certain
medical certificates.--In establishing
standards under subparagraph (A)(ii), the
Administrator may not establish medical or
physical standards for a pilot to become a
Federal flight deck officer that are
inconsistent with or more stringent than the
requirements of the Federal Aviation
Administration for the issuance of the required
airman medical certificate under part 67 of
title 14, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
(3) Deputization by other federal agencies.--The
[Under Secretary] Administrator may request another
Federal agency to deputize, as Federal flight deck
officers under this section, those pilots that the
[Under Secretary] Administrator determines are
qualified to be such officers.
(4) Revocation.--The [Under Secretary] Administrator
[may,] may (in the [Under Secretary's] Administrator's
discretion) revoke the deputization of a pilot as a
Federal flight deck officer if the [Under Secretary]
Administrator finds that the pilot is no longer
qualified to be such an officer.
(5) Transfer from inactive to active status.--In
accordance with any applicable Transportation Security
Administration appeals processes, a pilot deputized as
a Federal flight deck officer who moves to inactive
status may return to active status upon successful
completion of a recurrent training program administered
within program guidelines.
(e) Compensation.--[Pilots participating]
(1) In general.--Pilots participating in the program
under this section shall not be eligible for
compensation from the Federal Government for services
provided as a Federal flight deck officer. The Federal
Government and air carriers shall not be obligated to
compensate a pilot for participating in the program or
for the pilot's training or qualification and
requalification to carry firearms under the program.
(2) Facilitation of training.--An air carrier shall
permit a pilot seeking to be deputized as a Federal
flight deck officer or a Federal flight deck officer to
take a reasonable amount of leave to participate in
initial, recurrent, or requalification training, as
applicable, for the program. Leave required under this
paragraph may be provided without compensation.
(f) Authority to Carry Firearms.--
(1) In general.--The [Under Secretary] Administrator
shall authorize a Federal flight deck officer to carry
a firearm while engaged in providing air transportation
or intrastate air transportation. Notwithstanding
subsection (c)(1), the officer may purchase a firearm
and carry that firearm aboard an aircraft of which the
officer is the pilot in accordance with this section if
the firearm is of a type that may be used under the
program.
(2) Preemption.--Notwithstanding any other provision
of Federal or State law, a Federal flight deck officer,
whenever necessary to participate in the program, may
carry a firearm in any State and from 1 State to
another State.
(3) Carrying firearms outside united states.--In
consultation with the Secretary of State, the [Under
Secretary] Administrator may take such action as may be
necessary to ensure that a Federal flight deck officer
may carry a firearm in a foreign country whenever
necessary to participate in the program.
(4) Consistency with federal air marshal program.--
The Administrator shall harmonize, to the extent
practicable, the policies relating to the carriage of
firearms on flights in foreign air transportation by
Federal flight deck officers with the policies of the
Federal air marshal program for carrying firearms on
such flights and carrying out the duties of a Federal
flight deck officer, notwithstanding Annex 17 of the
International Civil Aviation Organization.
(g) Authority to Use Force.--Notwithstanding section
44903(d), the [Under Secretary] Administrator shall prescribe
the standards and circumstances under which a Federal flight
deck officer may use, while the program under this section is
in effect, force (including lethal force) against an individual
in the defense of the flight deck of an aircraft in air
transportation or intrastate air transportation.
(h) Limitation on Liability.--
(1) Liability of air carriers.--An air carrier shall
not be liable for damages in any action brought in a
Federal or State court arising out of a Federal flight
deck officer's use of or failure to use a firearm.
(2) Liability of federal flight deck officers.--A
Federal flight deck officer shall not be liable for
damages in any action brought in a Federal or State
court arising out of the acts or omissions of the
officer in defending the flight deck of an aircraft
against acts of criminal violence or air piracy unless
the officer is guilty of gross negligence or willful
misconduct.
(3) Liability of federal government.--For purposes of
an action against the United States with respect to an
act or omission of a Federal flight deck officer in
defending the flight deck of an aircraft, the officer
shall be treated as an employee of the Federal
Government under chapter 171 of title 28, relating to
tort claims procedure.
(i) Procedures Following Accidental Discharges.--If an
accidental discharge of a firearm under the pilot program
results in the injury or death of a passenger or crew member on
an aircraft, the [Under Secretary] Administrator--
(1) shall revoke the deputization of the Federal
flight deck officer responsible for that firearm if the
[Under Secretary] Administrator determines that the
discharge was attributable to the negligence of the
officer; and
(2) if the [Under Secretary] Administrator determines
that a shortcoming in standards, training, or
procedures was responsible for the accidental
discharge, [the Under Secretary may] may temporarily
suspend the program until the shortcoming is corrected.
(j) Limitation on Authority of Air Carriers.--No air carrier
shall prohibit or threaten any retaliatory action against a
pilot employed by the air carrier from becoming a Federal
flight deck officer under this section. No air carrier shall--
(1) prohibit a Federal flight deck officer from
piloting an aircraft operated by the air carrier; or
(2) terminate the employment of a Federal flight deck
officer, solely on the basis of his or her volunteering
for or participating in the program under this section.
(k) Applicability.--
[(1) Exemption].--This section shall not apply to air
carriers operating under part 135 of title 14, Code of
Federal Regulations, and to pilots employed by such
carriers to the extent that such carriers and pilots
are covered by section 135.119 of such title or any
successor to such section.
[(2) Pilot defined.--The term ``pilot'' means an
individual who has final authority and responsibility
for the operation and safety of the flight or any other
flight deck crew member.
[(3) All-cargo air transportation.--In this section,
the term ``air transportation'' includes all-cargo air
transportation.]
(l) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Transportation Security
Administration.
(2) Air transportation.--The term ``air
transportation'' includes all-cargo air transportation.
(3) Firearms training facility.--The term ``firearms
training facility'' means a private or government-owned
gun range approved by the Administrator to provide
recurrent or requalification training, as applicable,
for the program, utilizing a Transportation Security
Administration-approved contractor and a curriculum
developed and approved by the Transportation Security
Administration.
(4) Pilot.--The term ``pilot'' means an individual
who has final authority and responsibility for the
operation and safety of the flight or any other flight
deck crew member.
Sec. 44922. [Deputation] Deputization of State and local law
enforcement officers
(a) [Deputation] Deputization Authority.--The [Under
Secretary of Transportation for Security] Administrator of the
Transportation Security Administration may deputize a State or
local law enforcement officer to carry out Federal airport
security duties under this chapter.
(b) Fulfillment of Requirements.--A State or local law
enforcement officer who is deputized under this section shall
be treated as a Federal law enforcement officer for purposes of
meeting the requirements of this chapter and other provisions
of law to provide Federal law enforcement officers to carry out
Federal airport security duties.
(c) Agreements.--To deputize a State or local law enforcement
officer under this section, the [Under Secretary] Administrator
shall enter into a voluntary agreement with the appropriate
State or local law enforcement agency that employs the State or
local law enforcement officer.
(d) Reimbursement.--
(1) In general.--The [Under Secretary] Administrator
shall reimburse a State or local law enforcement agency
for all reasonable, allowable, and allocable costs
incurred by the State or local law enforcement agency
with respect to a law enforcement officer deputized
under this section.
(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(e) Federal Tort Claims Act.--A State or local law
enforcement officer who is deputized under this section shall
be treated as an ``employee of the Government'' for purposes of
sections 1346(b), 2401(b), and chapter 171 of title 28, United
States Code , while carrying out Federal airport security
duties within the course and scope of the officer's employment,
subject to Federal supervision and control, and in accordance
with the terms of such [deputation] deputization.
(f) Stationing of Officers.--The [Under Secretary]
Administrator may allow law enforcement personnel to be
stationed other than at the airport security screening location
if that would be preferable for law enforcement purposes and if
such personnel would still be able to provide prompt
responsiveness to problems occurring at the screening location.
Sec. 44923. Airport security improvement projects
(a) Grant Authority.--Subject to the requirements of this
section, the [Under Secretary for Border and Transportation
Security of the Department of Homeland Security] Administrator
of the Transportation Security Administration shall make grants
to airport sponsors--
(1) for projects to replace baggage conveyer systems
related to aviation security;
(2) for projects to reconfigure terminal baggage
areas as needed to install explosive detection systems;
(3) for projects to enable the Under Secretary to
deploy explosive detection systems behind the ticket
counter, in the baggage sorting area, or in line with
the baggage handling system; and
(4) for other airport security capital improvement
projects.
(b) Applications.--A sponsor seeking a grant under this
section shall submit to the Under Secretary an application in
such form and containing such information as the Under
Secretary prescribes.
(c) Approval.--The Under Secretary, after consultation with
the Secretary of Transportation, may approve an application of
a sponsor for a grant under this section only if the Under
Secretary determines that the project will improve security at
an airport or improve the efficiency of the airport without
lessening security.
(d) Letters of Intent.--
(1) Issuance.--The Under Secretary shall issue a
letter of intent to a sponsor committing to obligate
from future budget authority an amount, not more than
the Federal Government's share of the project's cost,
for an airport security improvement project (including
interest costs and costs of formulating the project).
(2) Schedule.--A letter of intent under this
subsection shall establish a schedule under which the
Under Secretary will reimburse the sponsor for the
Government's share of the project's costs, as amounts
become available, if the sponsor, after the Under
Secretary issues the letter, carries out the project
without receiving amounts under this section.
(3) Notice to under secretary.--A sponsor that has
been issued a letter of intent under this subsection
shall notify the Under Secretary of the sponsor's
intent to carry out a project before the project
begins.
(4) Notice to congress.--The Under Secretary shall
transmit to the Committees on Appropriations and
Transportation and Infrastructure of the House of
Representatives and the Committees on Appropriations
and Commerce, Science and Transportation of the Senate
a written notification at least 3 days before the
issuance of a letter of intent under this section.
(5) Limitations.--A letter of intent issued under
this subsection is not an obligation of the Government
under section 1501 of title 31, and the letter is not
deemed to be an administrative commitment for
financing. An obligation or administrative commitment
may be made only as amounts are provided in
authorization and appropriations laws.
(6) Statutory construction.--Nothing in this
subsection shall be construed to prohibit the
obligation of amounts pursuant to a letter of intent
under this subsection in the same fiscal year as the
letter of intent is issued.
(e) Federal Share.--
[(1) In general].--The Government's share of the cost
of a project under this section shall be 90 percent for
a project at a medium or large hub airport and 95
percent for a project at any other airport.
[(2) Existing letters of intent.--The Under Secretary
shall revise letters of intent issued before the date
of enactment of this section to reflect the cost share
established in this subsection with respect to grants
made after September 30, 2003.]
(f) Sponsor Defined.--In this section, the term ``sponsor''
has the meaning given that term in section 47102.
[(j) Authorization of Appropriations.--
[(1) In general.--In addition to amounts made
available under subsection (h), there is authorized to
be appropriated to carry out this section $400,000,000
for each of fiscal years 2005, 2006, and 2007, and
$450,000,000 for each of fiscal years 2008 through
2011. Such sums shall remain available until expended.
[(2) Allocations.--50 percent of amounts appropriated
pursuant to this subsection for a fiscal year shall be
used for making allocations under subsection (h)(2) and
50 percent of such amounts shall be used for making
discretionary grants under subsection (h)(3).]
Sec. 44924. Repair station security
(a) Security Review and Audit.--To ensure the security of
maintenance and repair work conducted on air carrier aircraft
and components at foreign repair stations, the [Under Secretary
for Border and Transportation Security of the Department of
Homeland Security] Administrator of the Transportation Security
Administration, in consultation with the Administrator of the
Federal Aviation Administration, shall complete a security
review and audit of foreign repair stations that are certified
by the [Administrator under] Administrator of the Federal
Aviation Administration under part 145 of title 14, Code of
Federal Regulations, and that work on air carrier aircraft and
components. The review shall be completed not later than 6
months after the date on which the [Under Secretary]
Administrator of the Transportation Security Administration
issues regulations under subsection (f).
(b) Addressing Security Concerns.--The [Under Secretary]
Administrator of the Transportation Security Administration
shall require a foreign repair station to address the security
issues and vulnerabilities identified in a security audit
conducted under subsection (a) within 90 days of providing
notice to the repair station of the security issues and
vulnerabilities so identified and shall notify the
[Administrator] Administrator of the Federal Aviation
Administration that a deficiency was identified in the security
audit.
(c) Suspensions and Revocations of Certificates.--
(1) Failure to carry out effective security
measures.--If, after the 90th day on which a notice is
provided to a foreign repair station under subsection
(b), the [Under Secretary] Administrator of the
Transportation Security Administration determines that
the foreign repair station does not maintain and carry
out effective security measures, the [Under Secretary]
Administrator of the Transportation Security
Administration shall notify the [Administrator]
Administrator of the Federal Aviation Administration of
the determination. Upon receipt of the determination,
the [Administrator] Administrator of the Federal
Aviation Administration shall suspend the certification
of the repair station until such time as the [Under
Secretary] Administrator of the Transportation Security
Administration determines that the repair station
maintains and carries out effective security measures
and transmits the determination to the [Administrator]
Administrator of the Federal Aviation Administration.
(2) Immediate security risk.--If the [Under
Secretary] Administrator of the Transportation Security
Administration determines that a foreign repair station
poses an immediate security risk, the [Under Secretary]
Administrator of the Transportation Security
Administration shall notify the [Administrator]
Administrator of the Federal Aviation Administration of
the determination. Upon receipt of the determination,
the [Administrator] Administrator of the Federal
Aviation Administration shall revoke the certification
of the repair station.
(3) Procedures for appeals.--The [Under Secretary]
Administrator of the Transportation Security
Administration, in consultation with the
[Administrator] Administrator of the Federal Aviation
Administration, shall establish procedures for
appealing a revocation of a certificate under this
subsection.
(d) Failure to Meet Audit Deadline.--If the security audits
required by subsection (a) are not completed on or before the
date that is 6 months after the date on which the [Under
Secretary] Administrator of the Transportation Security
Administration issues regulations under subsection (f), the
[Administrator] Administrator of the Federal Aviation
Administration shall be barred from certifying any foreign
repair station (other than a station that was previously
certified, or is in the process of certification, by the
Administration under this part) until such audits are completed
for existing stations.
(e) Priority for Audits.--In conducting the audits described
in subsection (a), the [Under Secretary] Administrator of the
Transportation Security Administration and the [Administrator]
Administrator of the Federal Aviation Administration shall give
priority to foreign repair stations located in countries
identified by the Government as posing the most significant
security risks.
(f) Regulations.--[Not later than 240 days after the date of
enactment of this section, the] The [Under Secretary]
Administrator of the Transportation Security Administration, in
consultation with the [Administrator] Administrator of the
Federal Aviation Administration, shall issue final regulations
to ensure the security of foreign and domestic aircraft repair
stations.
(g) Report to Congress.--If the [Under Secretary]
Administrator of the Transportation Security Administration
does not issue final regulations before the deadline specified
in subsection (f), the [Under Secretary] Administrator of the
Transportation Security Administration shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing an explanation
as to why the deadline was not met and a schedule for issuing
the final regulations.
Sec. 44925. Deployment and use of detection equipment at airport
screening checkpoints
(a) Weapons and Explosives.--The Secretary of Homeland
Security shall give a high priority to developing, testing,
improving, and deploying, at airport screening checkpoints,
equipment that detects nonmetallic, chemical, biological, and
radiological weapons, and explosives, in all forms, on
individuals and in their personal property. The Secretary shall
ensure that the equipment alone, or as part of an integrated
system, can detect under realistic operating conditions the
types of weapons and explosives that terrorists would likely
try to smuggle aboard an air carrier aircraft.
(b) Strategic Plan for Deployment and Use of Explosive
Detection Equipment at Airport Screening Checkpoints.--
(1) In general.--[Not later than 90 days after the
date of enactment of this section, the Assistant
Secretary of Homeland Security (Transportation Security
Administration)] The Administrator of the
Transportation Security Administration shall submit to
the appropriate congressional committees a strategic
plan to promote the optimal utilization and deployment
of explosive detection equipment at airports to screen
individuals and their personal property. Such equipment
includes walk-through explosive detection portals,
document scanners, shoe scanners, and backscatter x-ray
scanners. The plan may be submitted in a classified
format.
(2) Content.--The strategic plan shall include, at
minimum--
(A) a description of current efforts to
detect explosives in all forms on individuals
and in their personal property;
(B) a description of the operational
applications of explosive detection equipment
at airport screening checkpoints;
(C) a deployment schedule and a description
of the quantities of equipment needed to
implement the plan;
(D) a description of funding needs to
implement the plan, including a financing plan
that provides for leveraging of non-Federal
funding;
(E) a description of the measures taken and
anticipated to be taken in carrying out
subsection (d); and
(F) a description of any recommended
legislative actions.
[(3) Implementation.--The Secretary shall begin
implementation of the strategic plan within one year
after the date of enactment of this paragraph.]
(c) Portal Detection Systems.--There is authorized to be
appropriated to the Secretary of Homeland Security for the use
of the Transportation Security Administration $250,000,000, in
addition to any amounts otherwise authorized by law, for
research, development, and installation of detection systems
and other devices for the detection of biological, chemical,
radiological, and explosive materials.
(d) Interim Action.--Until measures are implemented that
enable the screening of all passengers for explosives, the
[Assistant Secretary] Administrator of the Transportation
Security Administration shall provide, by such means as the
[Assistant Secretary] Administrator of the Transportation
Security Administration considers appropriate, explosives
detection screening for all passengers identified for
additional screening and their personal property that will be
carried aboard a passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation.
Sec. 44926. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight
(a) In General.--The Secretary of Homeland Security shall
establish a timely and fair process for individuals who believe
they have been delayed or prohibited from boarding a commercial
aircraft because they were wrongly identified as a threat under
the regimes utilized by the Transportation Security
Administration, United States Customs and Border Protection, or
any other office or component of the Department of Homeland
Security.
(b) Office of Appeals and Redress.--
(1) Establishment.--The Secretary shall establish in
the Department an Office of Appeals and Redress to
implement, coordinate, and execute the process
established by the Secretary pursuant to subsection
(a). The Office shall include representatives from the
Transportation Security Administration, United States
Customs and Border Protection, and such other offices
and components of the Department as the Secretary
determines appropriate.
(2) Records.--The process established by the
Secretary pursuant to subsection (a) shall include the
establishment of a method by which the Office, under
the direction of the Secretary, will be able to
maintain a record of air carrier passengers and other
individuals who have been misidentified and have
corrected erroneous information.
(3) Information.--To prevent repeated delays of [an
misidentified passenger] a misidentified passenger or
other individual, the Office shall--
(A) ensure that the records maintained under
this subsection contain information determined
by the Secretary to authenticate the identity
of such a passenger or individual;
(B) furnish to the Transportation Security
Administration, United States Customs and
Border Protection, or any other appropriate
office or component of the Department, upon
request, such information as may be necessary
to allow such office or component to assist air
carriers in improving their administration of
the advanced passenger prescreening system and
reduce the number of false positives; and
(C) require air carriers and foreign air
carriers take action to identify passengers
determined, under the process established under
subsection (a), to have been wrongly
identified.
(4) Handling of personally identifiable
information.--The Secretary, in conjunction with the
Chief Privacy Officer of the Department shall--
(A) require that Federal employees of the
Department handling personally identifiable
information of passengers (in this paragraph
referred to as 'PII') complete mandatory
privacy and security training prior to being
authorized to handle PII;
(B) ensure that the records maintained under
this subsection are secured by encryption, one-
way hashing, other data anonymization
techniques, or such other equivalent security
technical protections as the Secretary
determines necessary;
(C) limit the information collected from
misidentified passengers or other individuals
to the minimum amount necessary to resolve a
redress request;
(D) require that the data generated under
this subsection shall be shared or transferred
via a secure data network, that has been
audited to ensure that the anti-hacking and
other security related software functions
properly and is updated as necessary;
(E) ensure that any employee of the
Department receiving the data contained within
the records handles the information in
accordance with the section 552a of title 5,
United States Code, and the Federal Information
Security Management Act of 2002 (Public Law
107-296);
(F) only retain the data for as long as
needed to assist the individual traveler in the
redress process; and
(G) conduct and publish a privacy impact
assessment of the process described within this
subsection and transmit the assessment to the
Committee on Homeland Security of the House of
Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and
Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) Initiation of redress process at airports.--The
Office shall establish at each airport at which the
Department has a significant presence a process to
provide information to air carrier passengers to begin
the redress process established pursuant to subsection
(a).
Sec. 44927. Expedited screening for severely injured or disabled
members of the Armed Forces and severely injured or
disabled veterans
(a) Passenger Screening.--The [Assistant Secretary]
Administrator of the Transportation Security Administration, in
consultation with the Secretary of Defense, the Secretary of
[Veterans Affairs] Veterans Affairs, and organizations
identified by the Secretaries of Defense and Veteran Affairs
that advocate on behalf of severely injured or disabled members
of the Armed Forces and severely injured or disabled veterans,
shall develop and implement a process to support and facilitate
the ease of travel and to the extent possible provide expedited
passenger screening services for severely injured or disabled
members of the Armed Forces and severely injured or disabled
veterans through passenger screening. The process shall be
designed to offer the individual private screening to the
maximum extent practicable.
(b) Operations Center.--As part of the process under
subsection (a), the [Assistant Secretary] Administrator of the
Transportation Security Administration shall maintain an
operations center to provide support and facilitate the
movement of severely injured or disabled members of the Armed
Forces and severely injured or disabled veterans through
passenger screening prior to boarding a passenger aircraft
operated by an air carrier or foreign air carrier in air
transportation or intrastate air transportation.
(c) Protocols.--The [Assistant Secretary] Administrator of
the Transportation Security Administration shall--
(1) establish and publish protocols, in consultation
with the Secretary of Defense, the Secretary of
Veterans Affairs, and the organizations identified
under subsection (a), under which a severely injured or
disabled member of the Armed Forces or severely injured
or disabled veteran, or the family member or other
representative of such member or veteran, may contact
the operations center maintained under subsection (b)
and request the expedited passenger screening services
described in subsection (a) for that member or veteran;
and
(2) upon receipt of a request under paragraph (1),
require the operations center to notify the appropriate
Federal Security Director of the request for expedited
passenger screening services, as described in
subsection (a), for that member or veteran.
(d) Training.--The [Assistant Secretary] Administrator of the
Transportation Security Administration shall integrate training
on the protocols established under subsection (c) into the
training provided to all employees who will regularly provide
the passenger screening services described in subsection (a).
(e) Rule of Construction.--Nothing in this section shall
affect the authority of the [Assistant Secretary] Administrator
of the Transportation Security Administration to require
additional screening of a severely injured or disabled member
of the Armed Forces, a severely injured or disabled veteran, or
their accompanying family members or nonmedical attendants, if
intelligence, law enforcement, or other information indicates
that additional screening is necessary.
(f) [Report] Reports.--[Not later than 1 year after the date
of enactment of this section, and annually thereafter,] Each
year, the [Assistant Secretary] Administrator of the
Transportation Security Administration shall submit to Congress
a report on the implementation of this section. Each report
shall include each of the following:
(1) Information on the training provided under
subsection (d).
(2) Information on the consultations between the
[Assistant Secretary] Administrator of the
Transportation Security Administration and the
organizations identified under subsection (a).
(3) The number of people who accessed the operations
center during the period covered by the report.
(4) Such other information as the [Assistant
Secretary] Administrator of the Transportation Security
Administration determines is appropriate.
Sec. 44929. Donation of screening equipment to protect the United
States
(a) In General.--Subject to subsection (b), the Administrator
is authorized to donate security screening equipment to a
foreign last point of departure airport operator if such
equipment can be reasonably expected to mitigate a specific
vulnerability to the security of the United States or United
States citizens.
(b) Conditions.--Before donating any security screening
equipment to a foreign last point of departure airport operator
the Administrator shall--
(1) ensure that the screening equipment has been
restored to commercially available settings;
(2) ensure that no TSA-specific security standards or
algorithms exist on the screening equipment; and
(3) verify that the appropriate officials have an
adequate system--
(A) to properly maintain and operate the
screening equipment; and
(B) to document and track any removal or
disposal of the screening equipment to ensure
the screening equipment does not come into the
possession of terrorists or otherwise pose a
risk to security.
(c) Reports.--Not later than 30 days before any donation of
security screening equipment under subsection (a), the
Administrator shall provide to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a detailed written explanation of the following:
(1) The specific vulnerability to the United States
or United States citizens that will be mitigated by
such donation.
(2) An explanation as to why the recipient of such
donation is unable or unwilling to purchase security
screening equipment to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in
case of emergency or instability in the country to
which such donation is being made.
(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the
recipient.
(5) The total dollar value of such donation.
(6) How the appropriate officials will document and
track any removal or disposal of the screening
equipment by the recipient to ensure the screening
equipment does not come into the possession of
terrorists or otherwise pose a risk to security.
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART III. SAFETY
CHAPTER 449. SECURITY
SUBCHAPTER II. ADMINISTRATION AND PERSONNEL
Sec. 44931. Authority to exempt
The Secretary of Homeland Security may grant an exemption
from a regulation prescribed in carrying out sections 44901,
44903, 44906, 44909(c), and 44935-44937 of this title when the
Secretary decides the exemption is in the public interest.
Sec. 44932. Administrative
(a) General Authority.--The Secretary of Homeland Security
may take action the Secretary considers necessary to carry out
this chapter and chapters 461, 463, and 465 of this title,
including conducting investigations, prescribing regulations,
standards, and procedures, and issuing orders.
(b) Indemnification.--The Secretary of Homeland Security may
indemnify an officer or employee of the Transportation Security
Administration against a claim or judgment arising out of an
act that the Secretary decides was committed within the scope
of the official duties of the officer or employee.
Sec. 44933. Federal Security Managers
(a) Establishment, Designation, and Stationing.--The [Under
Secretary of Transportation for Security] Administrator of the
Transportation Security Administration shall establish the
position of [Federal Security Manager] Federal Security
Director at each airport in the United States described in
section 44903(c). The [Under Secretary] Administrator of the
Transportation Security Administration shall designate
individuals as [Managers] Federal Security Directors for, and
station those [Managers] Federal Security Directors at, those
airports.
(b) Duties and Powers.--The [Manager] Federal Security
Director at each airport shall--
(1) oversee the screening of passengers and property
at the airport; and
(2) carry out other duties prescribed by the [Under
Secretary] Administrator of the Transportation Security
Administration.
Sec. 44934. Foreign Security Liaison Officers
(a) Establishment, Designation, and Stationing.--The [Under
Secretary of Transportation for Security] Administrator of the
Transportation Security Administration shall establish the
position of Foreign Security Liaison Officer for each airport
outside the United States at which the [Under Secretary]
Administrator decides an Officer is necessary for air
transportation security. In coordination with the Secretary of
State, the [Under Secretary] Administrator shall designate an
Officer for each of those [airports. In coordination with the
Secretary] airports. In coordination with the Secretary of
State, the [Under Secretary] Administrator shall designate an
Officer for each of those airports where extraordinary security
measures are in place. [The Secretary shall give high priority]
The Secretary of State shall give high priority to stationing
those Officers.
(b) Duties and Powers.--An Officer reports directly to the
[Under Secretary] Administrator of the Transportation Security
Administration. The Officer at each airport shall--
(1) serve as the liaison of the [Under Secretary]
Administrator to foreign security authorities
(including governments of foreign countries and foreign
airport authorities) in carrying out United States
Government security requirements at that airport; and
(2) to the extent practicable, carry out duties and
powers referred to in section 44933(b) of this title.
(c) Coordination of Activities.--The activities of each
Officer shall be coordinated with the chief of the diplomatic
mission of the United States to which the Officer is assigned.
Activities of an Officer under this section shall be consistent
with the duties and powers of [the Secretary and the chief] the
Secretary of State and the chief of mission to a foreign
country under section 103 of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927).
Sec. 44935. Employment standards and training
(a) Employment Standards.--The [Under Secretary of
Transportation for Security] Administrator shall prescribe
standards for the employment and continued employment of, and
contracting for, air carrier personnel and, as appropriate,
airport security personnel. The standards shall include--
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when
appropriate.
(b) Review and Recommendations.--In coordination with air
carriers, airport operators, and other interested persons, the
[Under Secretary] Administrator shall review issues related to
human performance in the aviation security system to maximize
that performance. When the review is completed, the [Under
Secretary] Administrator shall recommend guidelines and
prescribe appropriate changes in existing procedures to improve
that performance.
(c) Security Program Training, Standards, and
Qualifications.--
(1) The [Under Secretary] Administrator--
(A) may train individuals employed to carry
out a security program under section 44903(c)
of this title; and
(B) shall prescribe uniform training
standards and uniform minimum qualifications
for individuals eligible for that training.
(2) The [Under Secretary] Administrator may authorize
reimbursement for travel, transportation, and
subsistence expenses for security training of non-
United States Government domestic and foreign
individuals whose services will contribute
significantly to carrying out civil aviation security
programs. To the extent practicable, air travel
reimbursed under this paragraph shall be on air
carriers.
(d) Education and Training Standards for Security
Coordinators, Supervisory Personnel, and Pilots.--
(1) The [Under Secretary] Administrator shall
prescribe standards for educating and training--
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security
coordinators.
(2) The standards shall include initial training,
retraining, and continuing education requirements and
methods. Those requirements and methods shall be used
annually to measure the performance of ground security
coordinators and security supervisory personnel.
(e) Security Screeners.--
(1) Training program.--The [Under Secretary of
Transportation for Security] Administrator shall
establish a program for the hiring and training of
security screening personnel.
(2) Hiring.--
(A) Qualifications.--[Within 30 days after
the date of enactment of the Aviation and
Transportation Security Act, the] The [Under
Secretary] Administrator shall establish
qualification standards for individuals to be
hired by the United States as security
screening personnel. Notwithstanding any other
provision of law, those standards shall
require, at a minimum, an individual--
(i) to have a satisfactory or better
score on a Federal security screening
personnel selection examination;
(ii) to be a citizen of the United
States or a national of the United
States, as defined in [section
1101(a)(22)] section 101(a)(22) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
(iii) to meet, at a minimum, the
requirements set forth in subsection
(f);
(iv) to meet such other
qualifications as the [Under Secretary]
Administrator may establish; and
(v) to have the ability to
demonstrate daily a fitness for duty
without any impairment due to illegal
drugs, sleep deprivation, medication,
or alcohol.
(B) Background checks.--The [Under Secretary]
Administrator shall require that an individual
to be hired as a security screener undergo an
employment investigation (including a criminal
history record check) under section
44936(a)(1).
(C) Disqualification of individuals who
present national security risks.--The [Under
Secretary] Administrator, in consultation with
the heads of other appropriate Federal
agencies, shall establish procedures, in
addition to any back ground check conducted
under section 44936, to ensure that no
individual who presents a threat to national
security is employed as a security screener.
(3) Examination; review of existing rules.--The
[Under Secretary] Administrator shall develop a
security screening personnel examination for use in
determining the qualification of individuals seeking
employment as security screening personnel. The [Under
Secretary] Administrator shall also review, and revise
as necessary, any standard, rule, or regulation
governing the employment of individuals as security
screening personnel.
(f) Employment Standards for Screening Personnel.--
(1) Screener requirements.--Notwithstanding any other
provision of law, an individual may not be deployed as
a security screener unless that individual meets the
following requirements:
(A) The individual shall possess a high
school diploma, a general equivalency diploma,
or experience that the [Under Secretary]
Administrator has determined to be sufficient
for the individual to perform the duties of the
position.
(B) The individual shall possess basic
aptitudes and physical abilities, including
color perception, visual and aural acuity,
physical coordination, and motor skills, to the
following standards:
(i) Screeners operating screening
equipment shall be able to distinguish
on the screening equipment monitor the
appropriate imaging standard specified
by the [Under Secretary] Administrator.
(ii) Screeners operating any
screening equipment shall be able to
distinguish each color displayed on
every type of screening equipment and
explain what each color signifies.
(iii) Screeners shall be able to hear
and respond to the spoken voice and to
audible alarms generated by screening
equipment in an active checkpoint
environment.
(iv) Screeners performing physical
searches or other related operations
shall be able to efficiently and
thoroughly manipulate and handle such
baggage, containers, and other objects
subject to security processing.
(v) Screeners who perform pat-downs
or hand-held metal detector searches of
individuals shall have sufficient
dexterity and capability to thoroughly
conduct those procedures over an
individual's entire body.
(C) The individual shall be able to read,
speak, and write English well enough to--
(i) carry out written and oral
instructions regarding the proper
performance of screening duties;
(ii) read English language
identification media, credentials,
airline tickets, and labels on items
normally encountered in the screening
process;
(iii) provide direction to and
understand and answer questions from
English-speaking individuals undergoing
screening; and
(iv) write incident reports and
statements and log entries into
security records in the English
language.
(D) The individual shall have satisfactorily
completed all initial, recurrent, and
appropriate specialized training required by
the security program, except as provided in
paragraph (3).
(2) Veterans preference.--The [Under Secretary]
Administrator shall provide a preference for the hiring
of an individual as a security screener if the
individual is a member or former member of the armed
forces and if the individual is entitled, under
statute, to retired, retirement, or retainer pay on
account of service as a member of the armed forces.
(3) Exceptions.--An individual who has not completed
the training required by this section may be deployed
during the on-the-job portion of training to perform
functions if that individual--
(A) is closely supervised; and
(B) does not make independent judgments as to
whether individuals or property may enter a
sterile area or aircraft without further
inspection.
(4) Remedial training.--No individual employed as a
security screener may perform a screening function
after that individual has failed an operational test
related to that function until that individual has
successfully completed the remedial training specified
in the security program.
(5) Annual proficiency review.--The [Under Secretary]
Administrator shall provide that an annual evaluation
of each individual assigned screening duties is
conducted and documented. An individual employed as a
security screener may not continue to be employed in
that capacity unless the evaluation demonstrates that
the individual--
(A) continues to meet all qualifications and
standards required to perform a screening
function;
(B) has a satisfactory record of performance
and attention to duty based on the standards
and requirements in the security program; and
(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] Administrator shall provide for the
operational testing of such personnel.
(g) Training.--
(1) Use of other agencies.--The [Under Secretary]
Administrator 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
enactment of the Aviation and Transportation Security
Act, the] The [Under Secretary] Administrator 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] Administrator
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] Administrator.
(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] Administrator
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]
Administrator 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] Administrator shall
require any individual who screens passengers and property
pursuant to section 44901 to be attired while on duty in a
uniform approved by the [Under Secretary] Administrator.
[(i)](k) [Accessibility of Computer-based Training
Facilities] Accessibilility of Computer-based Training
Facilities.--The [Under Secretary] Administrator shall work
with air carriers and airports to ensure that computer-based
training facilities intended for use by security screeners at
an airport regularly serving an air carrier holding a
certificate issued by the Secretary of Transportation are
conveniently located for that airport and easily accessible.
(l) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of the Transportation
Security Administration.
Sec. 44936. Employment investigations and restrictions
(a) Employment Investigation Requirement.--
(1)(A) The [Under Secretary of Transportation for
Security] Administrator shall require by regulation
that an employment investigation, including a criminal
history record check and a review of available law
enforcement data bases and records of other
governmental and international agencies to the extent
determined practicable by the [Under Secretary of
Transportation for Transportation Security]
Administrator[,,], shall be conducted of each
individual employed in, or applying for, a position as
a security screener under section 44935(e) or a
position in which the individual has unescorted access,
or may permit other individuals to have unescorted
access, to--
(i) aircraft of an air carrier or
foreign air carrier; or
(ii) a secured area of an airport in
the United States the [Under Secretary]
Administrator designates that serves an
air carrier or foreign air carrier.
(B) The [Under Secretary] Administrator shall
require by regulation that an employment
investigation (including a criminal history
record check and a review of available law
enforcement data bases and records of other
governmental and international agencies to the
extent determined practicable by the [Under
Secretary of Transportation for Transportation
Security] Administrator) be conducted for--
(i) individuals who are responsible
for screening passengers or property
under section 44901 of this title;
(ii) supervisors of the individuals
described in clause (i);
(iii) individuals who regularly have
escorted access to aircraft of an air
carrier or foreign air carrier or a
secured area of an airport in the
United States the Administrator
designates that serves an air carrier
or foreign air carrier; and
(iv) such other individuals who
exercise security functions associated
with baggage or cargo, as the [Under
Secretary] Administrator determines is
necessary to ensure air transportation
security.
[(C) Background checks of current
employees.--
[(i) A new 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 to the extent determined
practicable by the Under Secretary of
Transportation for Transportation
Security shall be required for any
individual who is employed in a
position described in subparagraphs (A)
and (B) on the date of enactment of the
Aviation and Transportation Security
Act.
[(ii) The Under Secretary may provide
by order (without regard to the
provisions of chapter 5 of title 5,
United States Code) for a phased-in
implementation of the requirements of
this subparagraph.]
[(D)](C) Exemption.--An employment
investigation, including a criminal history
record check, shall not be required under this
subsection for an individual who is exempted
under section 107.31(m)(1) or (2) of title 14,
Code of Federal Regulations, as in effect on
November 22, 2000. The [Under Secretary]
Administrator shall work with the International
Civil Aviation Organization and with
appropriate authorities of foreign countries to
ensure that individuals exempted under this
subparagraph do not pose a threat to aviation
or national security.
(2) An air carrier, foreign air carrier, airport
operator, or government that employs, or authorizes or
makes a contract for the services of, an individual in
a position described in paragraph (1) of this
subsection shall ensure that the investigation the
[Under Secretary] Administrator requires is conducted.
(3) The [Under Secretary] Administrator shall provide
for the periodic audit of the effectiveness of criminal
history record checks conducted under paragraph (1) of
this subsection.
(b) Prohibited Employment.--
(1) Except as provided in paragraph (3) of this
subsection, an air carrier, foreign air carrier,
airport operator, or government may not employ, or
authorize or make a contract for the services of, an
individual in a position described in subsection (a)(1)
of this section if--
(A) the investigation of the individual
required under this section has not been
conducted; or
(B) the results of that investigation
establish that, in the 10-year period ending on
the date of the investigation, the individual
was convicted (or found not guilty by reason of
insanity) of--
(i) a crime referred to in section
46306, 46308, 46312, 46314, or 46315 or
chapter 465 of this title or section 32
of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;
(viii) kidnapping;
(ix) unlawful possession, sale,
distribution, or manufacture of an
explosive or weapon;
(x) extortion;
(xi) armed or felony unarmed robbery;
(xii) distribution of, or intent to
distribute, a controlled substance;
(xiii) a felony involving a threat;
(xiv) a felony involving--
(I) willful destruction of
property;
(II) importation or
manufacture of a controlled
substance;
(III) burglary;
(IV) theft;
(V) dishonesty, fraud, or
misrepresentation;
(VI) possession or
distribution of stolen
property;
(VII) aggravated assault;
(VIII) bribery; and
(IX) illegal possession of a
controlled substance punishable
by a maximum term of
imprisonment of more than 1
year, or any other crime
classified as a felony that the
[Under Secretary] Administrator
determines indicates a
propensity for placing
contraband aboard an aircraft
in return for money; or
(xv) conspiracy to commit any of the
acts referred to in clauses (i) through
(xiv).
(2) The [Under Secretary] Administrator may specify
other factors that are sufficient to prohibit the
employment of an individual in a position described in
subsection (a)(1) of this section.
(3) An air carrier, foreign air carrier, airport
operator, or government may employ, or authorize or
contract for the services of, an individual in a
position described in subsection (a)(1) of this section
without carrying out the investigation required under
this section, if the [Under Secretary] Administrator
approves a plan to employ the individual that provides
alternate security arrangements.
(c) Fingerprinting and Record Check Information.--
(1) If the [Under Secretary] Administrator requires
an identification and criminal history record check, to
be conducted by the Attorney General, as part of an
investigation under this section, the [Under Secretary]
Administrator shall designate an individual to obtain
fingerprints and submit those fingerprints to the
Attorney General. The Attorney General may make the
results of a check available to an individual the
[Under Secretary] Administrator designates. Before
designating an individual to obtain and submit
fingerprints or receive results of a check, the [Under
Secretary] Administrator shall consult with the
Attorney General. All Federal agencies shall cooperate
with the [Under Secretary] Administrator and the [Under
Secretary's] Administrator's designee in the process of
collecting and submitting fingerprints.
(2) The [Under Secretary] Administrator shall
prescribe regulations on--
(A) procedures for taking fingerprints; and
(B) requirements for using information
received from the Attorney General under
paragraph (1) of this subsection--
(i) to limit the dissemination of the
information; and
(ii) to ensure that the information
is used only to carry out this section.
(3) If an identification and criminal history record
check is conducted as part of an investigation of an
individual under this section, the individual--
(A) shall receive a copy of any record
received from the Attorney General; and
(B) may complete and correct the information
contained in the check before a final
employment decision is made based on the check.
(d) Fees and Charges.--The [Under Secretary] Administrator
and the Attorney General shall establish reasonable fees and
charges to pay expenses incurred in carrying out this section.
The employer of the individual being investigated shall pay the
costs of a record check of the individual. Money collected
under this section shall be credited to the account in the
Treasury from which the expenses were incurred and are
available to the [Under Secretary] Administrator and the
Attorney General for those expenses.
(e) When Investigation or Record Check Not Required.--This
section does not require an investigation or record check when
the investigation or record check is prohibited by a law of a
foreign country.
(f) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of the Transportation
Security Administration.
Sec. 44937. Prohibition on transferring duties and powers
Except as specifically provided by law, the [Under Secretary
of Transportation for Security] Administrator of the
Transportation Security Administration may not transfer a duty
or power under section 44903(a), (b), (c), or (e), 44906,
44912, 44935, 44936, or 44938(b)(3) of this title to another
department, agency, or instrumentality of the United States
Government.
Sec. 44938. Reports
(a) Transportation Security.--Not later than March 31 of each
year, the [Secretary of Transportation] Secretary of Homeland
Security shall submit to Congress a report on transportation
security with recommendations the Secretary considers
appropriate. The report shall be prepared in conjunction with
the biennial report the [Under Secretary of Transportation for
Security] Administrator of the Transportation Security
Administration submits under subsection (b) of this section in
each year the [Under Secretary] Administrator submits the
biennial report, but may not duplicate the information
submitted under subsection (b) or section 44907(a)(3) of this
title. The Secretary may submit the report in classified and
unclassified parts. The report shall include--
(1) an assessment of trends and developments in
terrorist activities, methods, and other threats to
transportation;
(2) an evaluation of deployment of explosive
detection devices;
(3) recommendations for research, engineering, and
development activities related to transportation
security, except research engineering and development
activities related to aviation security to the extent
those activities are covered by the national aviation
research plan required under section 44501(c) of this
title;
(4) identification and evaluation of cooperative
efforts with other departments, agencies, and
instrumentalities of the United States Government;
(5) an evaluation of cooperation with foreign
transportation and security authorities;
(6) the status of the extent to which the
recommendations of the President's Commission on
Aviation Security and Terrorism have been carried out
and the reasons for any delay in carrying out those
recommendations;
(7) a summary of the activities of the Director of
Intelligence and Security in the 12-month period ending
on the date of the report;
(8) financial and staffing requirements of the
Director;
(9) an assessment of financial and staffing
requirements, and attainment of existing staffing
goals, for carrying out duties and powers of the [Under
Secretary] Administrator related to security; and
(10) appropriate legislative and regulatory
recommendations.
(b) Screening and Foreign Air Carrier and Airport Security.--
The [Under Secretary] Administrator shall submit biennially to
Congress a report--
(1) on the effectiveness of procedures under section
44901 of this title;
(2) that includes a summary of the assessments
conducted under section 44907(a)(1) and (2) of this
title; and
(3) that includes an assessment of the steps being
taken, and the progress being made, in ensuring
compliance with section 44906 of this title for each
foreign air carrier security program at airports
outside the United States--
(A) at which the [Under Secretary]
Administrator decides that Foreign Security
Liaison Officers are necessary for air
transportation security; and
(B) for which extraordinary security measures
are in place.
Sec. 44939. Training to operate certain aircraft
(a)* * *
(d) Expedited Processing.--[Not later than 60 days after the
date of enactment of this section, the Secretary] The Secretary
of Homeland Security shall establish a process to ensure that
the waiting period under subsection (a) shall not exceed 5 days
for an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who--
(1) holds an airman's certification of a foreign
country that is recognized by an agency of the United
States, including a military agency, that permits an
individual to operate a multi-engine aircraft that has
a certificated takeoff weight of more than 12,500
pounds;
(2) is employed by a foreign air carrier that is
certified under part 129 of title 14, Code of Federal
Regulations, and that has a security program approved
under section 1546 of title 49, Code of Federal
Regulations;
(3) is an individual that has unescorted access to a
secured area of an airport designated under section
44936(a)(1)(A)(ii); or
(4) is an individual that is part of a class of
individuals that the Secretary has determined that
providing aviation training to presents minimal risk to
aviation or national security because of the aviation
training already possessed by such class of
individuals.
(e)* * *
Sec. 44940. Security service fee
(a) General Authority.--
(1) Passenger fees.--The [Under Secretary of
Transportation for Security] Administrator of the
Transportation Security Administration shall impose a
uniform fee, on passengers of air carriers and foreign
air carriers in air transportation and intrastate air
transportation originating at airports in the United
States, to pay for the following costs of providing
civil aviation security services:
(A) Salary, benefits, overtime, retirement
and other costs of screening personnel, their
supervisors and managers, and Federal law
enforcement personnel deployed at airport
security screening locations under section
44901.
(B) The costs of training personnel described
in subparagraph (A), and the acquisition,
operation, and maintenance of equipment used by
such personnel.
(C) The costs of performing background
investigations of personnel described in
subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals
program.
(E) The costs of performing civil aviation
security research and development under this
title.
(F) The costs of Federal Security Managers
under section 44903.
(G) The costs of deploying Federal law
enforcement personnel pursuant to section
44903(h).
(H) The costs of security-related capital
improvements at airports.
(I) The costs of training pilots and flight
attendants under sections 44918 and 44921.
[The amount of such costs shall be determined by the
Under Secretary and shall not be subject to judicial
review. For purposes of subparagraph (A), the term
``Federal law enforcement personnel'' includes State
and local law enforcement officers who are deputized
under section 44922.]
(2) Determination of costs.--
(A) In general.--The amount of the costs
under paragraph (1) shall be determined by the
Administrator of the Transportation Security
Administration and shall not be subject to
judicial review.
(B) Definition of federal law enforcement
personnel.--For purposes of paragraph (1)(A),
the term ``Federal law enforcement personnel''
includes State and local law enforcement
officers who are deputized under section 44922.
(b) Schedule of Fees.--In imposing fees under subsection (a),
the [Under Secretary] Administrator of the Transportation
Security Administration shall ensure that the fees are
reasonably related to the Transportation Security
Administration's costs of providing services rendered.
(c) Limitation on Fee.--
(1) Amount.--Fees imposed under subsection (a)(1)
shall be $5.60 per one-way trip in air transportation
or intrastate air transportation that originates at an
airport in the United States, except that the fee
imposed per round trip shall not exceed $11.20.
(2) Definition of round trip.--In this subsection,
the term ``round trip'' means a trip on an air travel
itinerary that terminates or has a stopover at the
origin point (or co-terminal).
(3) Offsetting collections.--Beginning on October 1,
2025, fees collected under subsection (a)(1) for any
fiscal year shall be credited as offsetting collections
to appropriations made for aviation security measures
carried out by the Transportation Security
Administration, to remain available until expended.
(d) Imposition of Fee.--
(1) In general.--Notwithstanding section 9701 of
title 31 and the procedural requirements of section 553
of title 5, the [Under Secretary] Administrator of the
Transportation Security Administration shall impose the
fee under subsection (a)(1), through the publication of
notice of such fee in the Federal Register and begin
collection of the fee [within 60 days of the date of
enactment of this Act, or] as soon as possible
[thereafter].
(2) Special rules passenger fees.--A fee imposed
under subsection (a)(1) through the procedures under
[subsection (d)] paragraph (1) of this subsection shall
apply only to tickets sold after the date on which such
fee is imposed. If a fee imposed under subsection
(a)(1) through the procedures under [subsection (d)]
paragraph (1) of this subsection on transportation of a
passenger of a carrier described in subsection (a)(1)
is not collected from the passenger, the amount of the
fee shall be paid by the carrier.
(3) Subsequent modification of fee.--After imposing a
fee in accordance with paragraph (1), the [Under
Secretary] Administrator of the Transportation Security
Administration may modify, from time to time through
publication of notice in the Federal Register, the
imposition or collection of such fee, or both.
(4) Limitation on collection.--No fee may be
collected under this section, other than subsection
(i), except to the extent that the expenditure of the
fee to pay the costs of activities and services for
which the fee is imposed is provided for in advance in
an appropriations Act or in section 44923.
(e) Administration of Fees.--
(1) [Fees payable to under secretary] fees payable to
administrator.--All fees imposed and amounts collected
under this section are payable to the [Under Secretary]
Administrator of the Transportation Security
Administration.
(2) Fees collected by air carrier.--A fee imposed
under subsection (a)(1) shall be collected by the air
carrier or foreign air carrier that sells a ticket for
transportation described in subsection (a)(1).
(3) Due date for remittance.--A fee collected under
this section shall be remitted on the last day of each
calendar month by the carrier collecting the fee. The
amount to be remitted shall be for the calendar month
preceding the calendar month in which the remittance is
made.
(4) Information.--The [Under Secretary] Administrator
of the Transportation Security Administration may
require the provision of such information as the [Under
Secretary] Administrator of the Transportation Security
Administration decides is necessary to verify that fees
have been collected and remitted at the proper times
and in the proper amounts.
(5) Fee not subject to tax.--For purposes of section
4261 of the Internal Revenue Code of 1986 (26 U.S.C.
4261), a fee imposed under this section shall not be
considered to be part of the amount paid for taxable
transportation.
(6) Cost of collecting fee.--No portion of the fee
collected under this section may be retained by the air
carrier or foreign air carrier for the costs of
collecting, handling, or remitting the fee except for
interest accruing to the carrier after collection and
before remittance.
(f) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any fee collected
under this section--
(1) shall be credited as offsetting collections to
the account that finances the activities and services
for which the fee is imposed;
(2) shall be available for expenditure only to pay
the costs of activities and services for which the fee
is imposed; and
(3) shall remain available until expended.
(g) Refunds.--The [Under Secretary] Administrator of the
Transportation Security Administration may refund any fee paid
by mistake or any amount paid in excess of that required.
(h) Exemptions.--The [Under Secretary] Administrator of the
Transportation Security Administration may exempt from the
passenger fee imposed under subsection (a)(1) any passenger
enplaning at an airport in the United States that does not
receive screening services under section 44901 for that segment
of the trip for which the passenger does not receive screening.
(i) Deposit of Receipts in General Fund.--
(1) In general.--Beginning in fiscal year 2014, out
of fees received in a fiscal year under subsection
(a)(1), after amounts are made available in the fiscal
year under section 44923(h), the next funds derived
from such fees in the fiscal year, in the amount
specified for the fiscal year in paragraph (4), shall
be credited as offsetting receipts and deposited in the
general fund of the Treasury.
(2) Fee levels.--The Secretary of Homeland Security
shall impose the fee authorized by subsection (a)(1) so
as to collect in a fiscal year at least the amount
specified in paragraph (4) for the fiscal year for
making deposits under paragraph (1).
(3) Relationship to other provisions.--Subsections
(b) and (f) shall not apply to amounts to be used for
making deposits under this subsection.
(4) Fiscal year amounts.--For purposes of paragraphs
(1) and (2), the fiscal year amounts are as follows:
[(A) $390,000,000 for fiscal year 2014.
[(B) $1,190,000,000 for fiscal year 2015.
[(C) $1,250,000,000 for fiscal year 2016.
[(D) $1,280,000,000 for fiscal year 2017.]
[(E)](A) $1,320,000,000 for fiscal year 2018.
[(F)](B) $1,360,000,000 for fiscal year 2019.
[(G)](C) $1,400,000,000 for fiscal year 2020.
[(H)](D) $1,440,000,000 for fiscal year 2021.
[(I)](E) $1,480,000,000 for fiscal year 2022.
[(J)](F) $1,520,000,000 for fiscal year 2023.
[(K)](G) $1,560,000,000 for fiscal year 2024.
[(L)](H) $1,600,000,000 for fiscal year 2025.
Sec. 44941. Immunity for reporting suspicious activities
(a) In General.--Any air carrier or foreign air carrier or
any employee of an air carrier or foreign air carrier who makes
a voluntary disclosure of any suspicious transaction relevant
to a possible violation of law or regulation, relating to air
piracy, a threat to aircraft or passenger safety, or terrorism,
as defined by section 3077 of title 18, United States Code, to
any employee or agent of the Department of Transportation, the
Department of Homeland Security, the Department of Justice, any
Federal, State, or local law enforcement officer, or any
airport or airline security officer shall not be civilly liable
to any person under any law or regulation of the United States,
any constitution, law, or regulation of any State or political
subdivision of any State, for such disclosure.
(b) Application.--Subsection (a) shall not apply to--
(1) any disclosure made with actual knowledge that
the disclosure was false, inaccurate, or misleading; or
(2) any disclosure made with reckless disregard as to
the truth or falsity of that disclosure.
Sec. 44942. Performance goals and objectives
(a) Short Term Transition.--
(1) In general.--[Within 180 days after the date of
enactment of the Aviation and Transportation Security
Act, the Under Secretary for Transportation Security
may, in consultation with] The Administrator of the
Transportation Security Administration may, in
consultation with other relevant Federal agencies and
Congress--
(A) establish acceptable levels of
performance for aviation security, including
screening operations and access control[, and];
and
(B) provide Congress with an action plan,
containing measurable goals and milestones,
that outlines how those levels of performance
will be achieved.
(2) Basics of action plan.--The action plan shall
clarify the responsibilities of the Transportation
Security Administration, the Federal Aviation
Administration, and any other agency or organization
that may have a role in ensuring the safety and
security of the civil air transportation system.
(b) Long-term Results-based Management.--
[(1) Performance plan and report.--]
[(A)](1) Performance plan.--
[(i)](A) Each year, consistent with the
requirements of the Government Performance and
Results Act of 1993 (GPRA), [the Secretary and
the Under Secretary for Transportation Security
shall agree] the Secretary of Homeland Security
and the Administrator of the Transportation
Security Administration shall agree on a
performance plan for the succeeding 5 years
that establishes measurable goals and
objectives for aviation security. The plan
shall identify action steps necessary to
achieve such goals.
[(ii)](B) In addition to meeting the
requirements of GPRA, the performance plan
should clarify the responsibilities of [the
Secretary, the Under Secretary for
Transportation Security] the Secretary of
Homeland Security, the Administrator of the
Transportation Security Administration, and any
other agency or organization that may have a
role in ensuring the safety and security of the
civil air transportation system.
[(B)](2) Performance report.--Each year, consistent
with the requirements of GPRA, the [Under Secretary for
Transportation Security] Administrator of the
Transportation Security Administration shall prepare
and submit to Congress an annual report including an
evaluation of the extent goals and objectives were met.
The report shall include the results achieved during
the year relative to the goals established in the
performance plan.
Sec. 44943. Performance management system
(a) Establishing a Fair and Equitable System for Measuring
Staff Performance.--The [Under Secretary for Transportation
Security] Administrator of the Transportation Security
Administration shall establish a performance management system
which strengthens the organization's effectiveness by providing
for the establishment of goals and objectives for managers,
employees, and organizational performance consistent with the
performance plan.
(b) Establishing Management Accountability for Meeting
Performance Goals.--.
(1) In general.--Each year, the [Secretary and Under
Secretary of Transportation for Security] Secretary of
Homeland Security and Administrator of the
Transportation Security Administration shall enter into
an annual performance agreement that shall set forth
organizational and individual performance goals for the
[Under Secretary] Administrator.
(2) Goals.--Each year, the [Under Secretary]
Administrator of the Transportation Security
Administration and each senior manager who reports to
the [Under Secretary shall] Administrator shall enter
into an annual performance agreement that sets forth
organization and individual goals for those managers.
All other employees hired under the authority of the
[Under Secretary shall] Administrator shall enter into
an annual performance agreement that sets forth
organization and individual goals for those employees.
(c) Performance.--based service contracting. To the extent
contracts, if any, are used to implement the [Aviation Security
Act, the Under Secretary for Transportation Security] Aviation
and Transportation Security Act (Public Law 107-71; 115 Stat.
597), the Administrator of the Transportation Security
Administration shall, to the extent practical, maximize the use
of performance-based service contracts. These contracts should
be consistent with guidelines published by the Office of
Federal Procurement Policy.
Sec. 44944. Voluntary provision of emergency services
(a) Program for Provision of Voluntary Services.--
(1) Program.--The [Under Secretary of Transportation
for Transportation Security] Administrator of the
Transportation Security Administration shall 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.
(2) Requirements.--The [Under Secretary]
Administrator of the Transportation Security
Administration shall establish such requirements for
qualifications of providers of voluntary services under
the program under paragraph (1), including training
requirements, as the [Under Secretary] Administrator of
the Transportation Security Administration considers
appropriate.
(3) Confidentiality of registry.--If as part of the
program under paragraph (1) the [Under Secretary]
Administrator of the Transportation Security
Administration requires or permits registration of law
enforcement officers, firefighters, or emergency
medical technicians who are willing to provide
emergency services on commercial flights during
emergencies, the [Under Secretary] Administrator of the
Transportation Security Administration shall take
appropriate actions to ensure that the registry is
available only to appropriate airline personnel and
otherwise remains confidential.
(4) Consultation.--The [Under Secretary]
Administrator of the Transportation Security
Administration shall consult with the Administrator of
the Federal Aviation Administration, appropriate
representatives of the commercial airline industry, and
organizations representing community-based law
enforcement, firefighters, and emergency medical
technicians, in carrying out the program under
paragraph (1), including the actions taken under
paragraph (3).
(b) Exemption From Liability.--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 of the individual in
providing or attempting to provide assistance in the case of an
in-flight emergency in an aircraft of an air carrier if the
individual meets such qualifications as the [Under Secretary]
Administrator of the Transportation Security Administration
shall prescribe for purposes of this section.
(c) Exception.--The exemption under subsection (b) shall not
apply in any case in which an individual provides, or attempts
to provide, assistance described in that paragraph in a manner
that constitutes gross negligence or willful misconduct.
Sec. 44945. Disposition of unclaimed money and clothing
(a) Disposition of Unclaimed Money.--Notwithstanding section
3302 of title 31, unclaimed money recovered at any airport
security checkpoint shall be retained by the Transportation
Security Administration and shall remain available until
expended for the purpose of providing civil aviation security
as required in this chapter.
(b) Disposition of Unclaimed Clothing.--
(1) In general.--In disposing of unclaimed clothing
recovered at any airport security checkpoint, the
[Assistant Secretary] Administrator of the
Transportation Security Administration shall make every
reasonable effort, in consultation with the Secretary
of Veterans Affairs, to transfer the clothing to the
local airport authority or other local authorities for
donation to charity, including local veterans
organizations or other local charitable organizations
for distribution to homeless or needy veterans and
veteran families.
(2) Agreements.--In implementing paragraph (1), the
[Assistant Secretary] Administrator of the
Transportation Security Administration may enter into
agreements with airport authorities.
(3) Other charitable arrangements.--Nothing in this
subsection shall prevent an airport or the
Transportation Security Administration from donating
unclaimed clothing to a charitable organization of
their choosing.
(4) Limitation.--Nothing in this subsection shall
create a cost to the Government.
Sec. 44946. Aviation Security Advisory Committee
(a) Establishment.--The [Assistant Secretary] Administrator
shall establish within the Transportation Security
Administration an aviation security advisory committee.
(b) Duties.--
(1) In general.--The [Assistant Secretary]
Administrator shall consult the Advisory Committee, as
appropriate, on aviation security matters, including on
the development, refinement, and implementation of
policies, programs, rulemaking, and security directives
pertaining to aviation security, while adhering to
sensitive security guidelines.
(2) Recommendations.--
(A) In general.--The Advisory Committee shall
develop, at the request of the [Assistant
Secretary] Administrator, recommendations for
improvements to aviation security.
(B) Recommendations of subcommittees.--
Recommendations agreed upon by the
subcommittees established under this section
shall be approved by the Advisory Committee
before transmission to the [Assistant
Secretary] Administrator.
(3) Periodic reports.--The Advisory Committee shall
periodically submit to the [Assistant Secretary]
Administrator--
(A) reports on matters identified by the
[Assistant Secretary] Administrator; and
(B) reports on other matters identified by a
majority of the members of the Advisory
Committee.
(4) Annual report.--The Advisory Committee shall
submit to the [Assistant Secretary] Administrator an
annual report providing information on the activities,
findings, and recommendations of the Advisory
Committee, including its subcommittees, for the
preceding year. Not later than 6 months after the date
that [the Secretary receives] the Administrator
receives the annual report, [the Secretary shall] the
Administrator shall publish a public version describing
the Advisory Committee's activities and such related
matters as would be informative to the public
consistent with the policy of section 552(b) of title
5.
(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee
under paragraph (2) or (4), the [Assistant Secretary]
Administrator shall respond in writing to the Advisory
Committee with feedback on each of the recommendations,
an action plan to implement any of the recommendations
with which the [Assistant Secretary] Administrator
concurs, and a justification for why any of the
recommendations have been rejected.
(6) Congressional notification.--Not later than 30
days after providing written feedback to the Advisory
Committee under paragraph (5), the [Assistant
Secretary] Administrator shall notify the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of
Representatives on such feedback, and provide a
briefing upon request.
(7) Report to congress.--Prior to briefing the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Homeland Security of
the House of Representatives under paragraph (6), the
[Assistant Secretary] Administrator shall submit to
such committees a report containing information
relating to the recommendations transmitted by the
Advisory Committee in accordance with paragraph (4).
(c) Membership.--
(1) Appointment.--
(A) In general.--[Not later than 180 days
after the date of enactment of the Aviation
Security Stakeholder Participation Act of 2014,
the] The [Assistant Secretary] Administrator
shall appoint the members of the Advisory
Committee.
(B) Composition.--The membership of the
Advisory Committee shall consist of individuals
representing not more than 34 member
organizations. Each organization shall be
represented by 1 individual (or the
individual's designee).
(C) Representation.--The membership of the
Advisory Committee shall include
representatives of air carriers, all-cargo air
transportation, indirect air carriers, labor
organizations representing air carrier
employees, labor organizations representing
transportation security officers, aircraft
manufacturers, airport operators, airport
construction and maintenance contractors, labor
organizations representing employees of airport
construction and maintenance contractors,
general aviation, privacy organizations, the
travel industry, airport-based businesses
(including minority-owned small businesses),
businesses that conduct security screening
operations at airports, aeronautical repair
stations, passenger advocacy groups, the
aviation security technology industry
(including screening technology and
biometrics), victims of terrorist acts against
aviation, and law enforcement and security
experts.
(2) Term of office.--
(A) Terms.--The term of each member of the
Advisory Committee shall be two years, but a
member may continue to serve until a successor
is appointed. A member of the Advisory
Committee may be reappointed.
(B) Removal.--The [Assistant Secretary]
Administrator may review the participation of a
member of the Advisory Committee and remove
such member for cause at any time.
(3) Prohibition on compensation.--The members of the
Advisory Committee shall not receive pay, allowances,
or benefits from the Government by reason of their
service on the Advisory Committee.
(4) Meetings.--
(A) In general.--The [Assistant Secretary]
Administrator shall require the Advisory
Committee to meet at least semiannually and may
convene additional meetings as necessary.
(B) Public meetings.--At least 1 of the
meetings described in subparagraph (A) shall be
open to the public.
(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at
each meeting.
(5) Member access to sensitive security
information.--Not later than 60 days after the date of
a member's appointment, the [Assistant Secretary]
Administrator shall determine if there is cause for the
member to be restricted from possessing sensitive
security information. Without such cause, and upon the
member voluntarily signing a non-disclosure agreement,
the member may be granted access to sensitive security
information that is relevant to the member's advisory
duties. The member shall protect the sensitive security
information in accordance with part 1520 of title 49,
Code of Federal Regulations.
(6) Chairperson.--A stakeholder representative on the
Advisory Committee who is elected by the appointed
membership of the Advisory Committee shall chair the
Advisory Committee.
(d) Subcommittees.--
(1) Membership.--The Advisory Committee chairperson,
in coordination with the [Assistant Secretary]
Administrator, may establish within the Advisory
Committee any subcommittee that the [Assistant
Secretary] Administrator and Advisory Committee
determine to be necessary. The [Assistant Secretary]
Administrator and the Advisory Committee shall create
subcommittees to address aviation security issues,
including the following:
(A) Air cargo security.--The implementation
of the air cargo security programs established
by the Transportation Security Administration
to screen air cargo on passenger aircraft and
all-cargo aircraft in accordance with
established cargo screening mandates.
(B) General aviation.--General aviation
facilities, general aviation aircraft, and
helicopter operations at general aviation and
commercial service airports.
(C) Perimeter and access control.--
Recommendations on airport perimeter security,
exit lane security and technology at commercial
service airports, and access control issues.
(D) Security technology.--Security technology
standards and requirements, including their
harmonization internationally, technology to
screen passengers, passenger baggage, carry-on
baggage, and cargo, and biometric technology.
(2) Risk-based security.--All subcommittees
established by the Advisory Committee chairperson in
coordination with the [Assistant Secretary]
Administrator shall consider risk-based security
approaches in the performance of their functions that
weigh the optimum balance of costs and benefits in
transportation security, including for passenger
screening, baggage screening, air cargo security
policies, and general aviation security matters.
(3) Meetings and reporting.--Each subcommittee shall
meet at least quarterly and submit to the Advisory
Committee for inclusion in the annual report required
under subsection (b)(4) information, including
recommendations, regarding issues within the
subcommittee.
(4) Subcommittee chairs.--Each subcommittee shall be
co-chaired by a Government official and an industry
official.
(e) Subject Matter Experts.--Each subcommittee under this
section shall include subject matter experts with relevant
expertise who are appointed by the respective subcommittee
chairpersons.
(f) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee
and its subcommittees.
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Transportation Security
Administration.
[(1)](2) Advisory committee.--The term ``Advisory
Committee'' means the aviation security advisory
committee established under subsection (a).
[(2) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Homeland
Security (Transportation Security Administration).]
(3) Perimeter security.--
(A) In general.--The term ``perimeter
security'' means procedures or systems to
monitor, secure, and prevent unauthorized
access to an airport, including its airfield
and terminal.
(B) Inclusions.--The term ``perimeter
security'' includes the fence area surrounding
an airport, access gates, and access controls.
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART III. SAFETY
CHAPTER 451. ALCOHOL AND CONTROLLED SUBSTANCES TESTING
Sec. 45107. Transportation Security Administration
(a) Transfer of Functions Relating to Testing Programs With
Respect to Airport Security Screening Personnel.--The authority
of the Administrator of the Federal Aviation Administration
under this chapter with respect to programs relating to testing
of airport security screening personnel are transferred to the
[Under Secretary of Transportation for Security] Administrator
of the Transportation Security Administration. Notwithstanding
section 45102(a), the regulations prescribed under section
45102(a) shall require testing of such personnel by their
employers instead of by air carriers and foreign air carriers.
(b) Applicability of Chapter With Respect to Employees of
Administration.--The provisions of this chapter that apply with
respect to employees of the Federal Aviation Administration
whose duties include responsibility for safety-sensitive
functions shall apply with respect to employees of the
Transportation Security Administration whose duties include
responsibility for security-sensitive functions. The [Under
Secretary of Transportation for Security] Administrator of the
Transportation Security Administration, the Transportation
Security Administration, and employees of the Transportation
Security Administration whose duties include responsibility for
security-sensitive functions shall be subject to and comply
with such provisions in the same manner and to the same extent
as the Administrator of the Federal Aviation Administration,
the Federal Aviation Administration, and employees of the
Federal Aviation Administration whose duties include
responsibility for safety-sensitive functions, respectively.
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART IV. ENFORCEMENT AND PENALTIES
CHAPTER 461. INVESTIGATIONS AND PROCEEDINGS
Sec. 46101. Complaints and investigations
(a) General.--
(1) A person may file a complaint in writing with the
Secretary of Transportation (or the [Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary] Administrator of the Transportation
Security Administration with respect to security duties
and powers designated to be carried out by the
Administrator of the Transportation Security
Administration or the Administrator of the Federal
Aviation Administration with respect to aviation safety
duties and powers designated to be carried out [by the
Administrator)] by the Administrator of the Federal
Aviation Administration) about a person violating this
part or a requirement prescribed under this part.
Except as provided in subsection (b) of this section,
the Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or
Administrator] or Administrator of the Federal Aviation
Administration shall investigate the complaint if a
reasonable ground appears to the Secretary, [Under
Secretary,] Administrator of the Transportation
Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration
for the investigation.
(2) On the initiative of the Secretary of
Transportation or the Administrator, as appropriate,
the Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or
Administrator] or Administrator of the Federal Aviation
Administration may conduct an investigation, if a
reasonable ground appears to the Secretary [or
Administrator] or Administrator of the Federal Aviation
Administration for the investigation, about--
(A) a person violating this part or a
requirement prescribed under this part or
(B) any question that may arise under this
part.
(3) The Secretary of Transportation, [Under
Secretary,] Administrator of the Transportation
Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration
may dismiss a complaint without a hearing when the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or
Administrator] or Administrator of the Federal Aviation
Administration is of the opinion that the complaint
does not state facts that warrant an investigation or
action.
(4) After notice and an opportunity for a hearing and
subject to section 40105(b) of this title, the
Secretary of Transportation, [Under Secretary,]
Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of
the Federal Aviation Administration shall issue an
order to compel compliance with this part if the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or
Administrator] or Administrator of the Federal Aviation
Administration finds in an investigation under this
subsection that a person is violating this part.
(b) Complaints Against Members of Armed Forces.--The
Secretary of Transportation, [Under Secretary,] Administrator
of the Transportation Security Administration, [or
Administrator] or Administrator of the Federal Aviation
Administration shall refer a complaint against a member of the
armed forces of the United States performing official duties to
the Secretary of the department concerned for action. Not later
than 90 days after receiving the complaint, the Secretary of
that department shall inform the Secretary of Transportation,
[Under Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration of the action taken on the
complaint, including any corrective or disciplinary action
taken.
Sec. 46102. Proceedings
(a) Conducting Proceedings.--Subject to subchapter II of
chapter 5 of title 5, the Secretary of Transportation (or the
[Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary] Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration or the Administrator of
the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out [by the
Administrator)] by the Administrator of the Federal Aviation
Administration) may conduct proceedings in a way conducive to
justice and the proper dispatch of business.
(b) Appearance.--A person may appear and be heard before the
Secretary, the [Under Secretary,] Administrator of the
Transportation Security Administration, and [the Administrator]
the Administrator of the Federal Aviation Administration in
person or by an attorney. The Secretary may appear and
participate as an interested party in a proceeding [the
Administrator] the Administrator of the Federal Aviation
Administration conducts under section 40113(a) of this title.
(c) Recording and Public Access.--Official action taken by
the Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [and Administrator] and
Administrator of the Federal Aviation Administration under this
part shall be recorded. Proceedings before the Secretary,
[Under Secretary] Administrator of the Transportation Security
Administration, [and Administrator] and Administrator of the
Federal Aviation Administration shall be open to the public on
the request of an interested party unless the Secretary, [Under
Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration decides that secrecy is
required because of national defense.
(d) Conflicts of Interest.--The Secretary, the [Under
Secretary,] Administrator of the Transportation Security
Administration, [the Administrator, or an officer or employee
of the Administration] The Administrator of the Federal
Aviation Administration, or an officer or employee of the
Federal Aviation Administration may not participate in a
proceeding referred to in subsection (a) of this section in
which the individual has a pecuniary interest.
Sec. 46103. Service of notice, process, and actions
(a) Designating Agents.--
(1) Each air carrier and foreign air carrier shall
designate an agent on whom service of notice and
process in a proceeding before, and an action of, the
Secretary of Transportation (or the [Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary] Administrator of the Transportation
Security Administration with respect to security duties
and powers designated to be carried out by the
Administrator of the Transportation Security
Administration or the Administrator of the Federal
Aviation Administration with respect to aviation safety
duties and powers designated to be carried out [by the
Administrator)] by the Administrator of the Federal
Aviation Administration) may be made.
(2) The designation.--
(A) shall be in writing and filed with the
Secretary, [Under Secretary,] Administrator of
the Transportation Security Administration, [or
Administrator] or Administrator of the Federal
Aviation Administration; and
(B) may be changed in the same way as
originally made.
(b) Service.--
(1) Service may be made--
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the
person to be served or the designated agent of
the person.
(2) The date of service made by certified or
registered mail is the date of mailing.
(c) Serving Agents.--Service on an agent designated under
this section shall be made at the office or usual place of
residence of the agent. If an air carrier or foreign air
carrier does not have a designated agent, service may be made
by posting the notice, process, or action in the office of the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration.
Sec. 46104. Evidence
(a) General.--In conducting a hearing or investigation under
this part, the Secretary of Transportation (or the [Under
Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary] Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration or the Administrator of
the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out [by the
Administrator)] by the Administrator of the Federal Aviation
Administration) may--
(1) [subpena] subpoena witnesses and records related
to a matter involved in the hearing or investigation
from any place in the United States to the designated
place of the hearing or investigation;
(2) administer oaths;
(3) examine witnesses; and
(4) receive evidence at a place in the United States
the Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or
Administrator] or Administrator of the Federal Aviation
Administration designates.
(b) Compliance With [Subpenas] Subpoenas.--If a person
disobeys a [subpena] subpoena, the Secretary, the [Under
Secretary,] Administrator of the Transportation Security
Administration, [the Administrator, or] the Administrator of
the Federal Aviation Administration, or a party to a proceeding
before the Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration may
petition a court of the United States to enforce the [subpena]
subpoena. A judicial proceeding to enforce a [subpena] subpoena
under this section may be brought in the jurisdiction in which
the proceeding or investigation is conducted. The court may
punish a failure to obey an order of the court to comply with
the [subpena] subpoena as a contempt of court.
(c) Depositions.--
(1) In a proceeding or investigation, the Secretary,
[Under Secretary,] Administrator of the Transportation
Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration
may order a person to give testimony by deposition and
to produce records. If a person fails to be deposed or
to produce records, the order may be enforced in the
same way a [subpena] subpoena may be enforced under
subsection (b) of this section.
(2) A deposition may be taken before an individual
designated by the Secretary, [Under Secretary,]
Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of
the Federal Aviation Administration and having the
power to administer oaths.
(3) Before taking a deposition, the party or the
attorney of the party proposing to take the deposition
must give reasonable notice in writing to the opposing
party or the attorney of record of that party. The
notice shall state the name of the witness and the time
and place of taking the deposition.
(4) The testimony of a person deposed under this
subsection shall be under oath. The person taking the
deposition shall prepare, or cause to be prepared, a
transcript of the testimony taken. The transcript shall
be subscribed by the deponent. Each deposition shall be
filed promptly with the Secretary, [Under Secretary,]
Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of
the Federal Aviation Administration.
(5) If the laws of a foreign country allow, the
testimony of a witness in that country may be taken by
deposition--
(A) by a consular officer or an individual
commissioned by the Secretary, [Under
Secretary,] Administrator of the Transportation
Security Administration, [or Administrator] or
Administrator of the Federal Aviation
Administration or agreed on by the parties by
written stipulation filed with the Secretary,
[Under Secretary,] Administrator of the
Transportation Security Administration, [or
Administrator] or Administrator of the Federal
Aviation Administration; or
(B) under letters rogatory issued by a court
of competent jurisdiction at the request of the
Secretary, [Under Secretary,] Administrator of
the Transportation Security Administration, [or
Administrator] or Administrator of the Federal
Aviation Administration.
(d) Witness Fees and Mileage and Certain Foreign Country
Expenses.--A witness summoned before the Secretary, [Under
Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration or whose deposition is taken
under this section and the individual taking the deposition are
each entitled to the same fee and mileage that the witness and
individual would have been paid for those services in a court
of the United States. Under regulations of the Secretary,
[Under Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration, the Secretary, [Under
Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration shall pay the necessary
expenses incident to executing, in another country, a
commission or letter rogatory issued at the initiative of the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration.
(e) Designating Employees to Conduct Hearings.--When
designated by the Secretary, [Under Secretary,] Administrator
of the Transportation Security Administration, [or
Administrator] or Administrator of the Federal Aviation
Administration, an employee appointed under section 3105 of
title 5 may conduct a hearing, [subpena] subpoena witnesses,
administer oaths, examine witnesses, and receive evidence at a
place in the United States the Secretary, [Under Secretary,]
Administrator of the Transportation Security Administration,
[or Administrator] or Administrator of the Federal Aviation
Administration designates. On request of a party, the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration shall hear
or receive argument.
Sec. 46105. Regulations and orders
(a) Effectiveness of Orders.--Except as provided in this
part, a regulation prescribed or order issued by the Secretary
of Transportation (or the [Under Secretary of Transportation
for Security with respect to security duties and powers
designated to be carried out by the Under Secretary]
Administrator of the Transportation Security Administration
with respect to security duties and powers designated to be
carried out by the Administrator of the Transportation Security
Administration or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be carried out [by the Administrator)] by
the Administrator of the Federal Aviation Administration) takes
effect within a reasonable time prescribed by the Secretary,
[Under Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration. The regulation or order
remains in effect under its own terms or until superseded.
Except as provided in this part , the Secretary, [Under
Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration may amend, modify, or suspend
an order in the way, and by giving the notice, the Secretary,
[Under Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration decides.
(b) Contents and Service of Orders.--An order of the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration shall
include the findings of fact on which the order is based and
shall be served on the parties to the proceeding and the
persons affected by the order.
(c) Emergencies.--[When the Administrator] When the
Administrator of the Federal Aviation Administration is of the
opinion that an emergency exists related to safety in air
commerce and requires immediate action, the Administrator, on
the initiative of the Administrator or on complaint, may
prescribe regulations and issue orders immediately to meet the
emergency, with or without notice and without regard to this
part and subchapter II of chapter 5 of title 5. The
Administrator shall begin a proceeding immediately about an
emergency under this subsection and give preference, when
practicable, to the proceeding.
Sec. 46106. Enforcement by the Department of Transportation
The Secretary of Transportation (or the [Under Secretary of
Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary]
Administrator of the Transportation Security Administration
with respect to security duties and powers designated to be
carried out by the Administrator of the Transportation Security
Administration or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be carried out [by the Administrator)] by
the Administrator of the Federal Aviation Administration) may
bring a civil action against a person in a district court of
the United States to enforce this part or a requirement or
regulation prescribed, or an order or any term of a certificate
or permit issued, under this part. The action may be brought in
the judicial district in which the person does business or the
violation occurred.
Sec. 46107. Enforcement by the Attorney General
(a) Civil Actions to Enforce Section 40106(b).--The Attorney
General may bring a civil action in a district court of the
United States against a person to enforce section 40106(b) of
this title. The action may be brought in the judicial district
in which the person does business or the violation occurred.
(b) Civil Actions to Enforce This Part.--
(1) On request of the Secretary of Transportation (or
the [Under Secretary of Transportation for Security
with respect to security duties and powers designated
to be carried out by the Under Secretary] Administrator
of the Transportation Security Administration with
respect to security duties and powers designated to be
carried out by the Administrator of the Transportation
Security Administration or the Administrator of the
Federal Aviation Administration with respect to
aviation safety duties and powers designated to be
carried out [by the Administrator)] by the
Administrator of the Federal Aviation Administration),
the Attorney General may bring a civil action in an
appropriate court--
(A) to enforce this part or a requirement or
regulation prescribed, or an order or any term
of a certificate or permit issued, under this
part ; and
(B) to prosecute a person violating this part
or a requirement or regulation prescribed, or
an order or any term of a certificate or permit
issued, under this part.
(2) The costs and expenses of a civil action shall be
paid out of the appropriations for the expenses of the
courts of the United States.
(c) Participation of Secretary, [Under Secretary,]
Administrator of the Transportation Security Administration,
[or Administrator] or Administrator of the Federal Aviation
Administration.--On request of the Attorney General, the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration, as
appropriate, may participate in a civil action under this part.
Sec. 46108. Enforcement of certificate requirements by interested
persons
An interested person may bring a civil action in a district
court of the United States against a person to enforce section
41101(a)(1) of this title. The action may be brought in the
judicial district in which the defendant does business or the
violation occurred.
Sec. 46109. Joinder and intervention
A person interested in or affected by a matter under
consideration in a proceeding before the Secretary of
Transportation (or the Administrator of the Transportation
Security Administration with respect to security duties and
powers designated to be carried out by the Administrator of the
Transportation Security Administration or the Administrator of
the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator) or civil action to enforce this part or a
requirement or regulation prescribed, or an order or any term
of a certificate or permit issued, under this part may be
joined as a party or permitted to intervene in the proceeding
or civil action.
Sec. 46110. Judicial review
(a) Filing and Venue.--Except for an order related to a
foreign air carrier subject to disapproval by the President
under section 41307 or 41509(f) of this title, a person
disclosing a substantial interest in an order issued by the
Secretary of Transportation (or the [Under Secretary of
Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary]
Administrator of the Transportation Security Administration
with respect to security duties and powers designated to be
carried out by the Administrator of the Transportation Security
Administration or the Administrator of the Federal Aviation
Administration with respect to aviation duties and powers
designated to be carried out [by the Administrator)] by the
Administrator of the Federal Aviation Administration) in whole
or in part under this part, part B, or subsection (l) or (s) of
section 114 may apply for review of the order by filing a
petition for review in the United States Court of Appeals for
the District of Columbia Circuit or in the court of appeals of
the United States for the circuit in which the person resides
or has its principal place of business. The petition must be
filed not later than 60 days after the order is issued. The
court may allow the petition to be filed after the 60th day
only if there are reasonable grounds for not filing by the 60th
day.
(b) Judicial Procedures.--When a petition is filed under
subsection (a) of this section, the clerk of the court
immediately shall send a copy of the petition to the Secretary,
[Under Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration, as appropriate. The Secretary,
[Under Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration shall file with the court a
record of any proceeding in which the order was issued, as
provided in section 2112 of title 28.
(c) Authority of Court.--When the petition is sent to the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration, the court
has exclusive jurisdiction to affirm, amend, modify, or set
aside any part of the order and may order the Secretary, [Under
Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration to conduct further proceedings.
After reasonable notice to the Secretary, [Under Secretary,]
Administrator of the Transportation Security Administration,
[or Administrator] or Administrator of the Federal Aviation
Administration, the court may grant interim relief by staying
the order or taking other appropriate action when good cause
for its action exists. Findings of fact by the Secretary,
[Under Secretary,] Administrator of the Transportation Security
Administration, [or Administrator] or Administrator of the
Federal Aviation Administration, if supported by substantial
evidence, are conclusive.
(d) Requirement for Prior Objection.--In reviewing an order
under this section, the court may consider an objection to an
order of the Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration only if
the objection was made in the proceeding conducted by the
Secretary, [Under Secretary,] Administrator of the
Transportation Security Administration, [or Administrator] or
Administrator of the Federal Aviation Administration or if
there was a reasonable ground for not making the objection in
the proceeding.
(e) Supreme Court Review.--A decision by a court under this
section may be reviewed only by the Supreme Court under section
1254 of title 28.
Sec. 46111. Certificate actions in response to a security threat
(a) Orders.--The Administrator of the Federal Aviation
Administration shall issue an order amending, modifying,
suspending, or revoking any part of a certificate issued under
this title if the [Administrator is] Administrator of the
Federal Aviation Administration is notified by the [Under
Secretary for Border and Transportation Security of the
Department of Homeland Security] Administrator of the
Transportation Security Administration that the holder of the
certificate poses, or is suspected of posing, a risk of air
piracy or terrorism or a threat to airline or passenger safety.
If requested by the [Under Secretary] Administrator of the
Transportation Security Administration, the order shall be
effective immediately.
(b) Hearings for Citizens.--An individual who is a citizen of
the United States who is adversely affected by an order of the
[Administrator] Administrator of the Federal Aviation
Administration under subsection (a) is entitled to a hearing on
the record.
(c) Hearings.--When conducting a hearing under this section,
the administrative law judge shall not be bound by findings of
fact or interpretations of laws and regulations of the
[Administrator] Administrator of the Federal Aviation
Administration or the [Under Secretary] Administrator of the
Transportation Security Administration.
(d) Appeals.--An appeal from a decision of an administrative
law judge as the result of a hearing under subsection (b) shall
be made to the Transportation Security Oversight Board
established by section 115. The Board shall establish a panel
to review the decision. The members of this panel (1) shall not
be employees of the Transportation Security Administration, (2)
shall have the level of security clearance needed to review the
determination made under this section, and (3) shall be given
access to all relevant documents that support that
determination. The panel may affirm, modify, or reverse the
decision.
(e) Review.--A person substantially affected by an action of
a panel under subsection (d), or the [Under Secretary]
Administrator of the Transportation Security Administration
when the [Under Secretary] Administrator of the Transportation
Security Administration decides that the action of the panel
under this section will have a significant adverse impact on
carrying out this part, may obtain review of the order under
section 46110. The [Under Secretary] Administrator of the
Transportation Security Administration and the [Administrator]
Administrator of the Federal Aviation Administration shall be
made a party to the review proceedings. Findings of fact of the
panel are conclusive if supported by substantial evidence.
(f) Explanation of Decisions.--An individual who commences an
appeal under this section shall receive a written explanation
of the basis for the determination or decision and all relevant
documents that support that determination to the maximum extent
that the national security interests of the United States and
other applicable laws permit.
(g) Classified Evidence.--
(1) In general.--The [Under Secretary] Administrator
of the Transportation Security Administration, in
consultation with the [Administrator] Administrator of
the Federal Aviation Administration and the Director of
Central Intelligence, shall issue regulations to
establish procedures by which the [Under Secretary]
Administrator of the Transportation Security
Administration, as part of a hearing conducted under
this section, may provide an unclassified summary of
classified evidence upon which the order of the
[Administrator] Administrator of the Federal Aviation
Administration was based to the individual adversely
affected by the order.
(2) Review of classified evidence by administrative
law judge.--
(A) Review.--As part of a hearing conducted
under this section, if the order of the
[Administrator] Administrator of the Federal
Aviation Administration issued under subsection
(a) is based on classified information (as
defined in section 1(a) of the Classified
Information Procedures Act [(18 U.S.C. App.)]
(18 U.S.C. App.)), such information may be
submitted by the [Under Secretary]
Administrator of the Transportation Security
Administration to the reviewing administrative
law judge, pursuant to appropriate security
procedures, and shall be reviewed by the
administrative law judge ex parte and in
camera.
(B) Security clearances.--Pursuant to
existing procedures and requirements, the
[Under Secretary] Administrator of the
Transportation Security Administration shall,
in coordination, as necessary, with the heads
of other affected departments or agencies,
ensure that administrative law judges reviewing
orders of the [Administrator] Administrator of
the Federal Aviation Administration under this
section possess security clearances appropriate
for their work under this section.
(3) Unclassified summaries of classified evidence.--
As part of a hearing conducted under this section and
upon the request of the individual adversely affected
by an order of the [Administrator] Administrator of the
Federal Aviation Administration under subsection (a),
the [Under Secretary] Administrator of the
Transportation Security Administration shall provide to
the individual and reviewing administrative law judge,
consistent with the procedures established under
paragraph (1), an unclassified summary of any
classified information upon which the order of the
[Administrator] Administrator of the Federal Aviation
Administration is based.
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART IV. ENFORCEMENT AND PENALTIES
CHAPTER 463. PENALTIES
Sec. 46301. Civil Penalties
(a) General Penalty.--
(1) A person is liable to the United States
Government for a civil penalty of not more than $25,000
(or $1,100 if the person is an individual or small
business concern) for violating--
(A) chapter 401 (except sections 40103(a) and
(d), 40105, 40116, and 40117), chapter 411,
chapter 413 (except sections 41307 and
41310(b)-(f)), chapter 415 (except sections
41502, 41505, and 41507-41509), chapter 417
(except sections 41703, 41704, 41710, 41713,
and 41714), chapter 419, subchapter II or III
of chapter 421, chapter 423, chapter 441
(except section 44109), 44502(b) or (c),
chapter 447 (except sections 44717 and 44719-
44723), chapter 449 (except sections 44902,
44903(d), 44904, 44907(a)-(d)(1)(A) and
(d)(1)(C)-(f), and 44908), chapter 451, section
47107(b) (including any assurance made under
such section), or section 47133 of this title;
(B) a regulation prescribed or order issued
under any provision to which clause (A) of this
paragraph applies;
(C) any term of a certificate or permit
issued under section 41102, 41103, or 41302 of
this title; or
(D) a regulation of the United States Postal
Service under this part.
(2) A separate violation occurs under this subsection
for each day the violation (other than a violation of
section 41719) continues or, if applicable, for each
flight involving the violation (other than a violation
of section 41719).
(3) Penalty for diversion of aviation revenues.--The
amount of a civil penalty assessed under this section
for a violation of section 47107(b) of this title (or
any assurance made under such section) or section 47133
of this title may be increased above the otherwise
applicable maximum amount under this section to an
amount not to exceed 3 times the amount of revenues
that are used in violation of such section.
(4) Aviation security violations.--Notwithstanding
paragraph (1) of this subsection, the maximum civil
penalty for violating chapter 449 shall be $10,000;
except that the maximum civil penalty shall be $ 25,000
in the case of a person operating an aircraft for the
transportation of passengers or property for
compensation (except an individual serving as an
airman).
(5) Penalties applicable to individuals and small
business concerns.--
(A) An individual (except an airman serving
as an airman) or small business concern is
liable to the Government for a civil penalty of
not more than $10,000 for violating--
(i) chapter 401 (except sections
40103(a) and (d), 40105, 40106(b),
40116, and 40117), section 44502 (b) or
(c), chapter 447 (except sections
44717-44723), chapter 449 (except
sections 44902, 44903(d), 44904, and
44907-44909), [or chapter 451] chapter
451, or section 46314(a) of this title;
or
(ii) a regulation prescribed or order
issued under any provision to which
clause (i) applies.
(B) A civil penalty of not more than $10,000
may be imposed for each violation under
paragraph (1) committed by an individual or
small business concern related to--
(i) the transportation of hazardous
material;
(ii) the registration or recordation
under chapter 441 of an aircraft not
used to provide air transportation;
(iii) a violation of section
44718(d), relating to the limitation on
construction or establishment of
landfills;
(iv) a violation of section 44725,
relating to the safe disposal of life-
limited aircraft parts; or
(v) a violation of section 40127 or
section 41705, relating to
discrimination.
(C) Notwithstanding paragraph (1), the
maximum civil penalty for a violation of
section 41719 committed by an individual or
small business concern shall be $5,000 instead
of $1,000.
(D) Notwithstanding paragraph (1), the
maximum civil penalty for a violation of
section 41712 (including a regulation
prescribed or order issued under such section)
or any other regulation prescribed by the
Secretary of Transportation by an individual or
small business concern that is intended to
afford consumer protection to commercial air
transportation passengers shall be $2,500 for
each violation.
(b) Smoke Alarm Device Penalty.--
(1) A passenger may not tamper with, disable, or
destroy a smoke alarm device located in a lavatory on
an aircraft providing air transportation or intrastate
air transportation.
(2) An individual violating this subsection is liable
to the Government for a civil penalty of not more than
$2,000.
(c) Procedural Requirements.--
(1) The Secretary of Transportation may impose a
civil penalty for the following violations only after
notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this
section or chapter 411, chapter 413 (except
sections 41307 and 41310(b)-(f)), chapter 415
(except sections 41502, 41505, and 41507-
41509), chapter 417 (except sections 41703,
41704, 41710, 41713, and 41714), chapter 419,
subchapter II of chapter 421, chapter 423, or
section 44909 of this title.
(B) a violation of a regulation prescribed or
order issued under any provision to which
clause (A) of this paragraph applies.
(C) a violation of any term of a certificate
or permit issued under section 41102, 41103, or
41302 of this title.
(D) a violation under subsection (a)(1) of
this section related to the transportation of
hazardous material.
(2) The Secretary shall give written notice of the
finding of a violation and the civil penalty under
paragraph (1) of this subsection.
(d) Administrative Imposition of Penalties.--
(1) In this subsection.--
(A) ``flight engineer'' means an individual
who holds a flight engineer certificate issued
under part 63 of title 14, Code of Federal
Regulations.
(B) ``mechanic'' means an individual who
holds a mechanic certificate issued under part
65 of title 14, Code of Federal Regulations.
(C) ``pilot'' means an individual who holds a
pilot certificate issued under part 61 of title
14, Code of Federal Regulations.
(D) ``repairman'' means an individual who
holds a repairman certificate issued under part
65 of title 14, Code of Federal Regulations.
(2) The Administrator of the Federal Aviation
Administration may impose a civil penalty for a
violation of chapter 401 (except sections 40103(a) and
(d), 40105, 40106(b), 40116, and 40117), chapter 441
(except section 44109), section 44502(b) or (c),
section 46301(b), section 46302 (for a violation
relating to section 46504), section 46318, section
46319, section 46320, or section 47107(b) (as further
[defined by the Secretary] defined by the Secretary of
Transportation under section 47107(k) and including any
assurance made under section 47107(b)) of this title or
a regulation prescribed or order issued under any of
those provisions. The Secretary of Homeland Security
may impose a civil penalty for a violation of chapter
449 (except sections 44902, 44903(d), 44907(a)-
(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909),
section 46302 (except for a violation relating to
section 46504), or section 46303 of this title or a
regulation prescribed or order issued under any of
those provisions. The Secretary of Homeland Security or
[Administrator shall] Administrator of the Federal
Aviation Administration shall give written notice of
the finding of a violation and the penalty.
(3) In a civil action to collect a civil penalty
imposed by the Secretary of Homeland Security or
[Administrator] Administrator of the Federal Aviation
Administration under this subsection, the issues of
liability and the amount of the penalty may not be
reexamined.
(4) Notwithstanding paragraph (2) of this subsection,
the district courts of the United States have exclusive
jurisdiction of a civil action involving a penalty the
Secretary of Homeland Security or [Administrator]
Administrator of the Federal Aviation Administration
initiates if--
(A) the amount in controversy is more than--
(i) $50,000 if the violation was
committed by any person before the date
of enactment of the vision 100--Century
of Aviation Reauthorization Act;
(ii) $400,000 if the violation was
committed by a person other than an
individual or small business concern on
or after that date; or
(iii) $50,000 if the violation was
committed by an individual or small
business concern on or after that date;
(B) the action is in rem or another action in
rem based on the same violation has been
brought;
(C) the action involves an aircraft subject
to a lien that has been seized by the
Government; or
(D) another action has been brought for an
injunction based on the same violation.
(5)
(A) The [Administrator] Administrator of the
Federal Aviation Administration may issue an
order imposing a penalty under this subsection
against an individual acting as a pilot, flight
engineer, mechanic, or repairman only after
advising the individual of the charges or any
reason the [Administrator] Administrator of the
Federal Aviation Administration relied on for
the proposed penalty and providing the
individual an opportunity to answer the charges
and be heard about why the order shall not be
issued.
(B) An individual acting as a pilot, flight
engineer, mechanic, or repairman may appeal an
order imposing a penalty under this subsection
to the National Transportation Safety Board.
After notice and an opportunity for a hearing
on the record, the Board shall affirm, modify,
or reverse the order. The Board may modify a
civil penalty imposed to a suspension or
revocation of a certificate.
(C) When conducting a hearing under this
paragraph, the Board is not bound by findings
of fact of the [Administrator] Administrator of
the Federal Aviation Administration but is
bound by all validly adopted interpretations of
laws and regulations the [Administrator]
Administrator of the Federal Aviation
Administration carries out and of written
agency policy guidance available to the public
related to sanctions to be imposed under this
section unless the Board finds an
interpretation is arbitrary, capricious, or
otherwise not according to law.
(D) When an individual files an appeal with
the Board under this paragraph, the order of
the [Administrator] Administrator of the
Federal Aviation Administration is stayed.
(6) An individual substantially affected by an order
of the Board under paragraph (5) of this subsection, or
the [Administrator] Administrator of the Federal
Aviation Administration when the [Administrator]
Administrator of the Federal Aviation Administration
decides that an order of the Board under paragraph (5)
will have a significant adverse impact on carrying out
this part, may obtain judicial review of the order
under section 46110 of this title. The [Administrator]
Administrator of the Federal Aviation Administration
shall be made a party to the judicial review
proceedings. Findings of fact of the Board are
conclusive if supported by substantial evidence.
(7)(A) The [Administrator] Administrator of the
Federal Aviation Administration may impose a penalty on
a person (except an individual acting as a pilot,
flight engineer, mechanic, or repairman) only after
notice and an opportunity for a hearing on the record.
(B) In an appeal from a decision of an
administrative law judge as the result of a
hearing under subparagraph (A) of this
paragraph, the [Administrator] Administrator of
the Federal Aviation Administration shall
consider only whether--
(i) each finding of fact is supported
by a preponderance of reliable,
probative, and substantial evidence;
(ii) each conclusion of law is made
according to applicable law, precedent,
and public policy; and
(iii) the judge committed a
prejudicial error that supports the
appeal.
(C) Except for good cause, a civil action
involving a penalty under this paragraph may
not be initiated later than 2 years after the
violation occurs.
(D) In the case of a violation of section
47107(b) of this title or any assurance made
under such section--
(i) a civil penalty shall not be
assessed against an individual;
(ii) a civil penalty may be
compromised as provided under
subsection (f); and
(iii) judicial review of any order
assessing a civil penalty may be
obtained only pursuant to section 46110
of this title.
(8) The maximum civil penalty the [Under Secretary]
Administrator of the Transportation Security
Administration, [Administrator] Administrator of the
Federal Aviation Administration, or Board may impose
under this subsection is--
(A) $50,000 if the violation was committed by
any person before the date of enactment of the
vision 100--Century of Aviation Reauthorization
Act;
(B) $400,000 if the violation was committed
by a person other than an individual or small
business concern on or after that date; or
(C) $50,000 if the violation was committed by
an individual or small business concern on or
after that date.
(9) This subsection applies only to a violation
occurring after August 25, 1992.
(e) Penalty Considerations.--In determining the amount of a
civil penalty under subsection (a)(3) of this section related
to transportation of hazardous material, the Secretary of
Transportation shall consider--
(1) the nature, circumstances, extent, and gravity of
the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(3) other matters that justice requires.
(f) Compromise and Setoff.--
(1)(A) The Secretary may compromise the amount of a
civil penalty imposed for violating--
(i) chapter 401 (except sections
40103(a) and (d), 40105, 40116, and
40117), chapter 441 (except section
44109), section 44502(b) or (c),
chapter 447 (except 44717 and 44719-
44723), chapter 449 (except sections
44902, 44903(d), 44904, 44907(a)-
(d)(1)(A) and (d)(1)(C)-(f), 44908, and
44909), or chapter 451 of this title;
or
(ii) a regulation prescribed or order
issued under any provision to which
clause (i) of this subparagraph
applies.
(B) The Postal Service may compromise the
amount of a civil penalty imposed under
subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil
penalty imposed or compromised under this subsection
from amounts it owes the person liable for the penalty.
(g) Judicial Review.--An order of the Secretary or the
[Administrator] Administrator of the Federal Aviation
Administration imposing a civil penalty may be reviewed
judicially only under section 46110 of this title.
(h) Nonapplication.--
(1) This section does not apply to the following when
performing official duties:
(A) a member of the armed forces of the
United States.
(B) a civilian employee of the Department of
Defense subject to the Uniform Code of Military
Justice.
(2) The appropriate military authority is responsible
for taking necessary disciplinary action and submitting
to the Secretary (or the [Under Secretary of
Transportation for Security with respect to security
duties and powers designated to be carried out by the
Under Secretary] Administrator of the Transportation
Security Administration with respect to security duties
and powers designated to be carried out by the
Administrator of the Transportation Security
Administration [or the Administrator with respect to
aviation safety duties and powers designated to be
carried out by the Administrator] or the Administrator
of the Federal Aviation Administration with respect to
aviation safety duties and powers designated to be
carried out by the Administrator of the Federal
Aviation Administration) a timely report on action
taken.
(i) Small Business Concern Defined.--In this section, the
term ``small business concern'' has the meaning given that term
in section 3 of the Small Business Act (15 U.S.C. 632).
Sec. 46304. Liens on aircraft
(a) Aircraft Subject to Liens.--When an aircraft is involved
in a violation referred to in section 46301(a)(1)(A)-(C) of
this title and the violation is by the owner of, or individual
commanding, the aircraft, the aircraft is subject to a lien for
the civil penalty.
(b) Seizure.--An aircraft subject to a lien under this
section may be seized summarily and placed in the custody of a
person authorized to take custody of it under regulations of
the Secretary of Transportation ([or the Administrator of the
Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by the
Administrator] or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be carried out by the Administrator of the
Federal Aviation Administration). A report on the seizure shall
be submitted to the Attorney General. The Attorney General
promptly shall bring a civil action in rem to enforce the lien
or notify the Secretary or Administrator that the action will
not be brought.
(c) Release.--An aircraft seized under subsection (b) of this
section shall be released from custody when--
(1) the civil penalty is paid;
(2) a compromise amount agreed on is paid;
(3) the aircraft is seized under a civil action in
rem to enforce the lien;
(4) the Attorney General gives notice that a civil
action will not be brought under subsection (b) of this
section; or
(5) a bond (in an amount and with a surety the
Secretary or Administrator prescribes), conditioned on
payment of the penalty or compromise, is deposited with
the Secretary or Administrator.
Sec. 46311. Unlawful disclosure of information
(a) Criminal Penalty.--The Secretary of Transportation, the
[Under Secretary of Transportation for Security with respect to
security duties and powers designated to be carried out by the
Under Secretary] Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration, [the Administrator of
the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator] or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be carried out by the Administrator of the
Federal Aviation Administration, or an officer or employee of
the Secretary, [Under Secretary] Administrator of the
Transportation Security Administration, or [Administrator
shall] Administrator of the Federal Aviation Administration
shall be fined under title 18, imprisoned for not more than 2
years, or both, if the Secretary, [Under Secretary]
Administrator of the Transportation Security Administration,
[Administrator,] Administrator of the Federal Aviation
Administration, officer, or employee knowingly and willfully
discloses information that--
(1) the Secretary, [Under Secretary] Administrator of
the Transportation Security Administration,
[Administrator] Administrator of the Federal Aviation
Administration, officer, or employee acquires when
inspecting the records of an air carrier; or
(2) is withheld from public disclosure under section
40115 of this title.
(b) Nonapplication.--Subsection (a) of this section does not
apply if--
(1) the officer or employee is directed by the
Secretary, [Under Secretary] Administrator of the
Transportation Security Administration, or
[Administrator] Administrator of the Federal Aviation
Administration to disclose information that the
Secretary, [Under Secretary] Administrator of the
Transportation Security Administration, or
[Administrator] Administrator of the Federal Aviation
Administration had ordered withheld; or
(2) the Secretary, [Under Secretary] Administrator of
the Transportation Security Administration,
[Administrator] Administrator of the Federal Aviation
Administration, officer, or employee is directed by a
court of competent jurisdiction to disclose the
information.
(c) Withholding Information From Congress.--This section does
not authorize the Secretary, [Under Secretary] Administrator of
the Transportation Security Administration, or [Administrator]
Administrator of the Federal Aviation Administration to
withhold information from a committee of Congress authorized to
have the information.
Sec. 46313. Refusing to appear or produce records
A person not obeying a [subpena] subpoena or requirement of
the Secretary of Transportation (or the [Under Secretary of
Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary]
Administrator of the Transportation Security Administration
with respect to security duties and powers designated to be
carried out by the Administrator of the Transportation Security
Administration [or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be carried out by the Administrator] or
the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation
Administration) to appear and testify or produce records shall
be fined under title 18, imprisoned for not more than one year,
or both.
Sec. 46316. General criminal penalty when specific penalty not provided
(a) Criminal Penalty.--Except as provided by subsection (b)
of this section, when another criminal penalty is not provided
under this chapter, a person that knowingly and willfully
violates this part, a regulation prescribed or order issued by
the Secretary of Transportation (or the [Under Secretary of
Transportation for Security with respect to security duties and
powers designated to be carried out by the Under Secretary]
Administrator of the Transportation Security Administration
with respect to security duties and powers designated to be
carried out by the Administrator of the Transportation Security
Administration [or the Administrator of the Federal Aviation
Administration with respect to aviation safety duties and
powers designated to be carried out by the Administrator] or
the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation
Administration) under this part, or any term of a certificate
or permit issued under section 41102, 41103, or 41302 of this
title shall be fined under title 18. A separate violation
occurs for each day the violation continues.
(b) Nonapplication.--Subsection (a) of this section does not
apply to chapter 401 (except sections 40103(a) and (d), 40105,
40116, and 40117), chapter 441 (except section 44109), chapter
445, chapter 447 (except section 44718(a)), and chapter 449
(except sections 44902, 44903(d), 44904, and 44907-44909) of
this title.
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART IV. ENFORCEMENT AND PENALTIES
CHAPTER 465. SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES
Sec. 46505. Carrying a weapon or explosive on an aircraft
(a) * * *
(d) Nonapplication.--Subsection (b)(1) of this section does
not apply to--
(1) a law enforcement officer of a State or political
subdivision of a State, or an officer or employee of
the United States Government, authorized to carry arms
in an official capacity;
(2) another individual the Administrator of the
Federal Aviation Administration or the [Under Secretary
of Transportation for Security] Administrator of the
Transportation Security Administration by regulation
authorizes to carry a dangerous weapon in air
transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a
loaded firearm) in baggage not accessible to a
passenger in flight if the air carrier was informed of
the presence of the weapon.
(e) Conspiracy.--If two or more persons conspire to violate
subsection (b) or (c), and one or more of such persons do any
act to effect the object of the conspiracy, each of the parties
to such conspiracy shall be punished as provided in such
subsection.
TITLE 49. TRANSPORTATION
SUBTITLE VII. AVIATION PROGRAMS
PART C. FINANCING
CHAPTER 483. AVIATION SECURITY FUNDING
[Sec. 48301. Aviation security funding
[(a) In General.--There are authorized to be appropriated for
fiscal years 2002, 2003, 2004, 2005, 2007, 2008, 2009, 2010,
and 2011 such sums as may be necessary to carry out chapter 449
and related aviation security activities under this title. Any
amounts appropriated pursuant to this section for fiscal year
2002 shall remain available until expended.
[(b) Grants for Aircraft Security.--There is authorized to be
appropriated $500,000,000 for fiscal year 2002 to the Secretary
of Transportation 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 the crew faces an emergency;
and
[(4) provide for the use of other innovative
technologies to enhance aircraft security]
HOMELAND SECURITY ACT OF 2002
[6 U.S.C. 101 et seq.]
SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.
(a) * * *
(b) Update and Report.--[Beginning 2 years after the date the
Plan is submitted to Congress under subsection (a), and
biennially thereafter, the Administrator shall submit to
Congress--] The Administrator shall, in collaboration with
relevant industry and government stakeholders, annually submit
to Congress in an appendix to the budget request and publish in
an unclassified format in the public domain--
(1) an update of the Plan[; and];
(2) a report on the extent to which each security-
related technology acquired by the Administration since
the last issuance or update of the Plan is consistent
with the planned technology programs and projects
identified under subsection (d)(2) for that security-
related technology[.]; and
(3) information about acquisitions completed during
the fiscal year preceding the fiscal year during which
the report is submitted.
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
[Public Law 110-53; 121 Stat. 266]
SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.
(a) * * *
(g) Authorization.--There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out
this section for fiscal years 2007 through 2011.
(h) Third Party Canine Teams for Air Cargo Security.--
(1) In general.--In order to enhance the screening of
air cargo and ensure that third party explosives
detection canine assets are leveraged for such purpose,
the Administrator shall, not later than 180 days after
the date of enactment of the TSA Modernization Act--
(A) develop and issue standards for the use
of such third party explosives detection canine
assets for the primary screening of air cargo;
(B) develop a process to identify qualified
non-Federal entities that will certify canine
assets that meet the standards established by
the Administrator under subparagraph (A);
(C) ensure that entities qualified to certify
canine assets shall be independent from
entities that will train and provide canines to
end users of such canine assets;
(D) establish a system of Transportation
Security Administration audits of the process
developed under subparagraph (B); and
(E) provide that canines certified for the
primary screening of air cargo can be used by
air carriers, foreign air carriers, freight
forwarders, and shippers.
(2) Implementation.--Beginning on the date that the
development of the process under paragraph (1)(B) is
complete, the Administrator shall--
(A) facilitate the deployment of such assets
that meet the certification standards of the
Administration, as determined by the
Administrator;
(B) make such standards available to vendors
seeking to train and deploy third party
explosives detection canine assets; and
(C) ensure that all costs for the training
and certification of canines, and for the use
of supplied canines, are borne by private
industry and not the Federal Government.
(3) Definitions.--In this subsection:
(A) Air carrier.--The term ``air carrier''
has the meaning given the term in section 40102
of title 49, United States Code.
(B) Foreign air carrier.--The term ``foreign
air carrier'' has the meaning given the term in
section 40102 of title 49, United States Code.
(C) Third party explosives detection canine
asset.--The term ``third party explosives
detection canine asset'' means any explosives
detection canine or handler not owned or
employed, respectively, by the Transportation
Security Administration.
AVIATION AND TRANSPORTATION SECURITY ACT
[Public Law 107-71; 115 Stat. 602]
SEC. 101. UNDER SECRETARY OF TRANSPORTATION FOR SECURITY; BONUS
ELIGIBILITY.
[5 U.S.C. 5313 note]
(a) * * *
(c) Position of Under Secretary in Executive Schedule.--
(1) In general.--* * *
(2) Bonus eligibility.--In addition to the annual
rate of pay authorized by section 5313 of title 5,
United States Code, the [Under Secretary] Administrator
of the Transportation Security Administration may
receive a bonus for any calendar year not to exceed 30
percent of the annual rate of pay, based on the
[Secretary's] Secretary of Homeland Security's
evaluation of the [Under Secretary's] Administrator's
performance.
(d) * * *
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
[Public Law 108-458; 118 Stat. 3638]
SEC. 4016. FEDERAL AIR MARSHALS.
[49 U.S.C. 44917 note]
(a) Federal Air Marshal Anonymity.--The Director of the
Federal Air Marshal Service of the Department of Homeland
Security shall continue operational initiatives to protect the
anonymity of Federal air marshals.
(b) Authorization of Additional Appropriations.--There is
authorized to be appropriated to the Secretary of Homeland
Security for the use of the Bureau of Immigration and Customs
Enforcement, in addition to any amounts otherwise authorized by
law, for the deployment of Federal air marshals under section
44917 of title 49, United States Code, $83,000,000 for the 3
fiscal-year period beginning with fiscal year 2005. Such sums
shall remain available until expended.
(c) Federal Law Enforcement Counterterrorism Training.--
(1) Availability of information.--The [Assistant
Secretary for Immigration and Customs Enforcement]
Administrator of the Transportation Security
Administration and the Director of Federal Air Marshal
Service of the Department of Homeland Security, shall
make available, as practicable, appropriate information
on in-flight counterterrorism and weapons handling
procedures and tactics training to Federal law
enforcement officers who fly while in possession of a
firearm.
(2) Identification of fraudulent documents.--The
[Assistant Secretary for Immigration and Customs
Enforcement and the Director of Federal Air Marshal
Service of the Department of Homeland Security, in
coordination with the Assistant Secretary of Homeland
Security (Transportation Security Administration),]
Administrator of the Transportation Security
Administration and the Director of Federal Air Marshal
Service of the Department of Homeland Security shall
ensure that Transportation Security Administration
screeners and Federal air marshals receive training in
identifying fraudulent identification documents,
including fraudulent or expired visas and passports.
Such training shall also be made available to other
Federal law enforcement agencies and local law
enforcement agencies located in a State that borders
Canada or Mexico.
FAA EXTENSION, SAFETY, AND SECURITY ACT OF 2016
[Public Law 114-190; 130 Stat. 615]
[SEC. 3101. PRECHECK PROGRAM AUTHORIZATION.
[The Administrator shall continue to administer the PreCheck
Program.]
[SEC. 3102. PRECHECK PROGRAM ENROLLMENT EXPANSION.
[(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish PreCheck
Program enrollment standards that add multiple private sector
application capabilities for the PreCheck Program to increase
the public's enrollment access to the program, including
standards that allow the use of secure technologies, including
online enrollment, kiosks, tablets, or staffed laptop stations
at which individuals can apply for entry into the program.
[(b) Requirements.--Upon publication of the PreCheck Program
enrollment standards under subsection (a), the Administrator
shall--
[(1) coordinate with interested parties--
[(A) to deploy TSA-approved ready-to-market
private sector solutions that meet the PreCheck
Program enrollment standards under such
subsection;
[(B) to make available additional PreCheck
Program enrollment capabilities; and
[(C) to offer secure online and mobile
enrollment opportunities;
[(2) partner with the private sector to collect
biographic and biometric identification information via
kiosks, mobile devices, or other mobile enrollment
platforms to increase enrollment flexibility and
minimize the amount of travel to enrollment centers for
applicants;
[(3) ensure that any information, including
biographic information, is collected in a manner that--
[(A) is comparable with the appropriate and
applicable standards developed by the National
Institute of Standards and Technology; and
[(B) protects privacy and data security,
including that any personally identifiable
information is collected, retained, used, and
shared in a manner consistent with section 552a
of title 5, United States Code (commonly known
as ``Privacy Act of 1974''), and with agency
regulations;
[(4) ensure that the enrollment process is
streamlined and flexible to allow an individual to
provide additional information to complete enrollment
and verify identity;
[(5) ensure that any enrollment expansion using a
private sector risk assessment instead of a
fingerprint-based criminal history records check is
evaluated and certified by the Secretary of Homeland
Security, and verified by the Government Accountability
Office or a Federally funded research and development
center after award to be equivalent to a fingerprint-
based criminal history records check conducted through
the Federal Bureau of Investigation with respect to the
effectiveness of identifying individuals who are not
qualified to participate in the PreCheck Program due to
disqualifying criminal history; and
[(6) ensure that the Secretary has certified that
reasonable procedures are in place with regard to the
accuracy, relevancy, and proper utilization of
information employed in private sector risk
assessments.
[(c) Marketing of PreCheck Program.--Upon publication of
PreCheck Program enrollment standards under subsection (a), the
Administrator shall--
[(1) in accordance with such standards, develop and
implement--
[(A) a continual process, including an
associated timeframe, for approving private
sector marketing of the PreCheck Program; and
[(B) a long-term strategy for partnering with
the private sector to encourage enrollment in
such program;
[(2) submit to Congress, at the end of each fiscal
year, a report on any PreCheck Program application fees
collected in excess of the costs of administering the
program, including to assess the feasibility of the
program, for such fiscal year, and recommendations for
using such fees to support marketing of the program.
[(d) Identity Verification Enhancement.--Not later than 120
days after the date of enactment of this Act, the Administrator
shall--
[(1) coordinate with the heads of appropriate
components of the Department to leverage Department-
held data and technologies to verify the citizenship of
individuals enrolling in the PreCheck Program;
[(2) partner with the private sector to use
biometrics and authentication standards, such as
relevant standards developed by the National Institute
of Standards and Technology, to facilitate enrollment
in the program; and
[(3) consider leveraging the existing resources and
abilities of airports to conduct fingerprint and
background checks to expedite identity verification.
[(e) PreCheck Program Lanes Operation.--The Administrator
shall--
[(1) ensure that PreCheck Program screening lanes are
open and available during peak and high-volume travel
times at appropriate airports to individuals enrolled
in the PreCheck Program; and
[(2) make every practicable effort to provide
expedited screening at standard screening lanes during
times when PreCheck Program screening lanes are closed
to individuals enrolled in the program in order to
maintain operational efficiency.
[(f) Vetting for PreCheck Program Participants.--Not later
than 90 days after the date of enactment of this Act, the
Administrator shall initiate an assessment to identify any
security vulnerabilities in the vetting process for the
PreCheck Program, including determining whether subjecting
PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent
checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the
PreCheck Program.]
AVIATION SECURITY ACT OF 2016
[49 U.S.C. 44901 note]
[SEC. 3204. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED
STATES.
[49 U.S.C. 44901 note]
[(a) In General.--The Administrator is authorized to donate
security screening equipment to a foreign last point of
departure airport operator if such equipment can be reasonably
expected to mitigate a specific vulnerability to the security
of the United States or United States citizens.
[(b) Report.--Not later than 30 days before any donation of
security screening equipment pursuant to subsection (a), the
Administrator shall provide to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the Senate a detailed
written explanation of the following:
[(1) The specific vulnerability to the United States
or United States citizens that will be mitigated by
such donation.
[(2) An explanation as to why the recipient of such
donation is unable or unwilling to purchase security
screening equipment to mitigate such vulnerability.
[(3) An evacuation plan for sensitive technologies in
case of emergency or instability in the country to
which such donation is being made.
[(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the
recipient.
[(5) The total dollar value of such donation.]
[all]