§ 44901. Screening passengers and property

Pub. L. 114–190, title III, §§ 3001–3506, July 15, 2016, 130 Stat. 649–664, as amended by Pub. L. 115–254, div. K, title I, §§ 1937(b)(1), 1955(b), Oct. 5, 2018, 132 Stat. 3579, 3596, provided that: “SEC. 3001. SHORT TITLE.“This title [amending section 44946 of this title and sections 607, 609, and 1112 of Title 6, Domestic Security, and enacting this note] may be cited as the ‘Aviation Security Act of 2016’. “SEC. 3002. DEFINITIONS.“In this title:“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Transportation Security Administration. “(2) Department.—The term ‘Department’ means the Department of Homeland Security. “(3) Precheck program.—The term ‘PreCheck Program’ means the trusted traveler program implemented by the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107–71; 49 U.S.C. 114 note). “(4) TSA.—The term ‘TSA’ means the Transportation Security Administration. “[Subtitle A—TSA PreCheck Expansion] “[SECS. 3101, 3102. Repealed. Pub. L. 115–254, div. K, title I, § 1937(b)(1), Oct. 5, 2018, 132 Stat. 3579.] “Subtitle B—Securing Aviation From Foreign Entry Points and Guarding Airports Through Enhanced Security“SEC. 3201. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.“(a) In General.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Administrator shall conduct a comprehensive security risk assessment of all last point of departure airports with nonstop flights to the United States. “(b) Contents.—The security risk assessment required under subsection (a) shall include consideration of the following:“(1) The level of coordination and cooperation between the TSA and the foreign government of the country in which the last point of departure airport with nonstop flights to the United States is located. “(2) The intelligence and threat mitigation capabilities of the country in which such airport is located. “(3) The number of known or suspected terrorists annually transiting through such airport. “(4) The degree to which the foreign government of the country in which such airport is located mandates, encourages, or prohibits the collection, analysis, and sharing of passenger name records. “(5) The passenger security screening practices, capabilities, and capacity of such airport. “(6) The security vetting undergone by aviation workers at such airport. “(7) The access controls utilized by such airport to limit to authorized personnel access to secure and sterile areas of such airports. “SEC. 3202. SECURITY COORDINATION ENHANCEMENT PLAN.“(a) In General.—Not later than 240 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress and the Government Accountability Office a plan—“(1) to enhance and bolster security collaboration, coordination, and information sharing relating to securing international-inbound aviation between the United States and domestic and foreign partners, including U.S. Customs and Border Protection, foreign government entities, passenger air carriers, cargo air carriers, and United States Government entities, in order to enhance security capabilities at foreign airports, including airports that may not have nonstop flights to the United States but are nonetheless determined by the Administrator to be high risk; and “(2) that includes an assessment of the ability of the TSA to enter into a mutual agreement with a foreign government entity that permits TSA representatives to conduct without prior notice inspections of foreign airports. “(b) GAO Review.—Not later than 180 days after the submission of the plan required under subsection (a), the Comptroller General of the United States shall review the efforts, capabilities, and effectiveness of the TSA to enhance security capabilities at foreign airports and determine if the implementation of such efforts and capabilities effectively secures international-inbound aviation. “SEC. 3203. WORKFORCE ASSESSMENT.“Not later than 270 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to Congress a comprehensive workforce assessment of all TSA personnel within the Office of Global Strategies of the TSA or whose primary professional duties contribute to the TSA’s global efforts to secure transportation security, including a review of whether such personnel are assigned in a risk-based, intelligence-driven manner. “[SEC. 3204. Repealed. Pub. L. 115–254, div. K, title I, § 1955(b), Oct. 5, 2018, 132 Stat. 3596.] “SEC. 3205. NATIONAL CARGO SECURITY PROGRAM.“(a) In General.—The Administrator may evaluate foreign countries’ air cargo security programs to determine whether such programs provide a level of security commensurate with the level of security required by United States air cargo security programs. “(b) Approval and Recognition.—“(1) In general.—If the Administrator determines that a foreign country’s air cargo security program evaluated under subsection (a) provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator shall approve and officially recognize such foreign country’s air cargo security program. “(2) Effect of approval and recognition.—If the Administrator approves and officially recognizes pursuant to paragraph (1) a foreign country’s air cargo security program, an aircraft transporting cargo that is departing such foreign country shall not be required to adhere to United States air cargo security programs that would otherwise be applicable. “(c) Revocation and Suspension.—“(1) In general.—If the Administrator determines at any time that a foreign country’s air cargo security program approved and officially recognized under subsection (b) no longer provides a level of security commensurate with the level of security required by United States air cargo security programs, the Administrator may revoke or temporarily suspend such approval and official recognition until such time as the Administrator determines that such foreign country’s cargo security programs provide a level of security commensurate with the level of security required by such United States air cargo security programs. “(2) Notification.—If the Administrator revokes or suspends pursuant to paragraph (1) a foreign country’s air cargo security program, the Administrator shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after such revocation or suspension. “(d) Application.—This section shall apply irrespective of whether cargo is transported on an aircraft of an air carrier, a foreign air carrier, a cargo carrier, or a foreign cargo carrier. “SEC. 3206. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.“(a) In General.—The Administrator shall establish an international training and capacity development program to train the appropriate authorities of foreign governments in air transportation security. “(b) Contents of Training.—If the Administrator determines that a foreign government would benefit from training and capacity development assistance pursuant to subsection (a), the Administrator may provide to the appropriate authorities of such foreign government technical assistance and training programs to strengthen aviation security in managerial, operational, and technical areas, including—“(1) active shooter scenarios; “(2) incident response; “(3) use of canines; “(4) mitigation of insider threats; “(5) perimeter security; “(6) operation and maintenance of security screening technology; and “(7) recurrent related training and exercises. “Subtitle C—Checkpoint Optimization and Efficiency“SEC. 3301. SENSE OF CONGRESS.“It is the sense of Congress that airport checkpoint wait times should not take priority over the security of the aviation system of the United States. “SEC. 3302. ENHANCED STAFFING ALLOCATION MODEL.“(a) In General.—Not later than 30 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall complete an assessment of the TSA’s staffing allocation model to determine the necessary staffing positions at all airports in the United States at which the TSA operates passenger checkpoints. “(b) Appropriate Staffing.—The staffing allocation model described in subsection (a) shall be based on necessary staffing levels to maintain minimal passenger wait times and maximum security effectiveness. “(c) Additional Resources.—In assessing necessary staffing for minimal passenger wait times and maximum security effectiveness referred to in subsection (b), the Administrator shall include the use of canine explosives detection teams and technology to assist screeners conducting security checks. “(d) Transparency.—The Administrator shall share with aviation security stakeholders the staffing allocation model described in subsection (a), as appropriate. “(e) Exchange of Information.—The Administrator shall require each Federal Security Director to engage on a regular basis with the appropriate aviation security stakeholders to exchange information regarding airport operations, including security operations. “(f) GAO Review.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the staffing allocation model described in subsection (a) and report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of such review. “SEC. 3303. EFFECTIVE UTILIZATION OF STAFFING RESOURCES.“(a) In General.—To the greatest extent practicable, the Administrator shall direct that Transportation Security Officers with appropriate certifications and training are assigned to passenger and baggage security screening functions and that other TSA personnel who may not have certification and training to screen passengers or baggage are utilized for tasks not directly related to security screening, including restocking bins and providing instructions and support to passengers in security lines. “(b) Assessment and Reassignment.—The Administrator shall conduct an assessment of headquarters personnel and reassign appropriate personnel to assist with airport security screening activities on a permanent or temporary basis, as appropriate. “SEC. 3304. TSA STAFFING AND RESOURCE ALLOCATION.“(a) In General.—Not later than 30 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall take the following actions:“(1) Utilize the TSA’s Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck Program lanes to ensure that such lanes are operational for use and maximum efficiency. “(2) Make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness. “(3) Disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices. “(4) Request the Aviation Security Advisory Committee (established pursuant to section 44946 of title 49, United States Code) provide recommendations on best practices for checkpoint security operations optimization. “(b) Staffing Advisory Coordination.—Not later than 30 days after the date of the enactment of this Act, the Administrator shall—“(1) direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the TSA oversees or performs passenger security screening to provide recommendations to the Administrator on Transportation Security Officer staffing numbers, for each such airport; and “(2) certify to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that such staffing advisory working groups have been established. “(c) Reporting.—Not later than 60 days after the date of the enactment of this Act, the Administrator shall—“(1) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding how the TSA’s Passenger Screening Canine assets may be deployed and utilized for maximum efficiency to mitigate risk and optimize checkpoint operations; and “(2) report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the TSA’s Credential Authentication Technology Assessment program and how deployment of such program might optimize checkpoint operations. “SEC. 3305. AVIATION SECURITY STAKEHOLDERS DEFINED.“For purposes of this subtitle, the term ‘aviation security stakeholders’ shall mean, at a minimum, air carriers, airport operators, and labor organizations representing Transportation Security Officers or, where applicable, contract screeners. “SEC. 3306. RULE OF CONSTRUCTION.“Nothing in this subtitle may be construed as authorizing or directing the Administrator to prioritize reducing wait times over security effectiveness. “Subtitle D—Aviation Security Enhancement and Oversight“SEC. 3401. DEFINITIONS.“In this subtitle:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Homeland Security of the House of Representatives; “(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and “(C) the Committee on Commerce, Science, and Transportation of the Senate. “(2) ASAC.—The term ‘ASAC’ means the Aviation Security Advisory Committee established under section 44946 of title 49, United States Code. “(3) Secretary.—The term ‘Secretary’ means the Secretary of Homeland Security. “(4) SIDA.—The term ‘SIDA’ means the Secure Identification Display Area as such term is defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section. “SEC. 3402. THREAT ASSESSMENT.“(a) Insider Threats.—“(1) In general.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall conduct or update an assessment to determine the level of risk posed to the domestic air transportation system by individuals with unescorted access to a secure area of an airport (as such term is defined in section 44903(j)(2)(H)) in light of recent international terrorist activity. “(2) Considerations.—In conducting or updating the assessment under paragraph (1), the Administrator shall consider—“(A) domestic intelligence; “(B) international intelligence; “(C) the vulnerabilities associated with unescorted access authority granted to domestic airport operators and air carriers, and their workers; “(D) the vulnerabilities associated with unescorted access authority granted to foreign airport operators and air carriers, and their workers; “(E) the processes and practices designed to mitigate the vulnerabilities associated with unescorted access privileges granted to airport operators and air carriers, and their workers; “(F) the recent security breaches at domestic and foreign airports; and “(G) the recent security improvements at domestic airports, including the implementation of recommendations made by relevant advisory committees, including the ASAC. “(b) Reports.—The Administrator shall submit to the appropriate congressional committees—“(1) a report on the results of the assessment under subsection (a), including any recommendations for improving aviation security; “(2) a report on the implementation status of any recommendations made by the ASAC; and “(3) regular updates about the insider threat environment as new information becomes available or as needed. “SEC. 3403. OVERSIGHT.“(a) Enhanced Requirements.—“(1) In general.—Subject to public notice and comment, and in consultation with airport operators, the Administrator shall update the rules on access controls issued by the Secretary under chapter 449 of title 49, United States Code. “(2) Considerations.—As part of the update under paragraph (1), the Administrator shall consider—“(A) increased fines and advanced oversight for airport operators that report missing more than five percent of credentials for unescorted access to any SIDA of an airport; “(B) best practices for Category X airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport; “(C) additional audits and status checks for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport; “(D) review and analysis of the prior five years of audits for airport operators that report missing more than three percent of credentials for unescorted access to any SIDA of an airport; “(E) increased fines and direct enforcement requirements for both airport workers and their employers that fail to report within 24 hours an employment termination or a missing credential for unescorted access to any SIDA of an airport; and “(F) a method for termination by the employer of any airport worker who fails to report in a timely manner missing credentials for unescorted access to any SIDA of an airport. “(b) Temporary Credentials.—The Administrator may encourage the issuance by airports and aircraft operators of free, one-time, 24-hour temporary credentials for workers who have reported, in a timely manner, their credentials missing, but not permanently lost, stolen, or destroyed, until replacement of credentials under section 1542.211 of title 49 Code of Federal Regulations is necessary. “(c) Notification and Report to Congress.—The Administrator shall—“(1) notify the appropriate congressional committees each time an airport operator reports that more than three percent of credentials for unescorted access to any SIDA at a Category X airport are missing, or more than five percent of credentials to access any SIDA at any other airport are missing; and “(2) submit to the appropriate congressional committees an annual report on the number of violations and fines related to unescorted access to the SIDA of an airport collected in the preceding fiscal year. “SEC. 3404. CREDENTIALS.“(a) Lawful Status.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall issue to airport operators guidance regarding placement of an expiration date on each airport credential issued to a non-United States citizen that is not longer than the period of time during which such non-United States citizen is lawfully authorized to work in the United States. “(b) Review of Procedures.—“(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall—“(A) issue guidance for transportation security inspectors to annually review the procedures of airport operators and air carriers for applicants seeking unescorted access to any SIDA of an airport; and “(B) make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials. “(2) Inclusions.—The guidance issued pursuant to paragraph (1) shall require a comprehensive review of background checks and employment authorization documents issued by United States Citizenship and Immigration Services during the course of a review of procedures under such paragraph. “SEC. 3405. VETTING.“(a) Eligibility Requirements.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016], and subject to public notice and comment, the Administrator shall revise the regulations issued under section 44936 of title 49, United States Code, in accordance with this section and current knowledge of insider threats and intelligence under section 3502, to enhance the eligibility requirements and disqualifying criminal offenses for individuals seeking or having unescorted access to any SIDA of an airport. “(2) Disqualifying criminal offenses.—In revising the regulations under paragraph (1), the Administrator shall consider adding to the list of disqualifying criminal offenses and criteria the offenses and criteria listed in section 122.183(a)(4) of title 19, Code of Federal Regulations and section 1572.103 of title 49, Code of Federal Regulations. “(3) Waiver process for denied credentials.—Notwithstanding section 44936(b) of title 49, United States Code, in revising the regulations under paragraph (1) of this subsection, the Administrator shall—“(A) ensure there exists or is developed a waiver process for approving the issuance of credentials for unescorted access to any SIDA of an airport for an individual found to be otherwise ineligible for such credentials; and “(B) consider, as appropriate and practicable—“(i) the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk or a risk to aviation security warranting denial of the credential; and “(ii) the elements of the appeals and waiver process established under section 70105(c) of title 46, United States Code. “(4) Look back.—In revising the regulations under paragraph (1), the Administrator shall propose that an individual be disqualified if the individual was convicted, or found not guilty by reason of insanity, of a disqualifying criminal offense within 15 years before the date of an individual’s application, or if the individual was incarcerated for such crime and released from incarceration within five years before the date of the individual’s application. “(5) Certifications.—The Administrator shall require an airport or aircraft operator, as applicable, to certify for each individual who receives unescorted access to any SIDA of an airport that—“(A) a specific need exists for providing the individual with unescorted access authority; and “(B) the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a SIDA badge. “(6) Report to congress.—Not later than 90 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a report on the status of the revision to the regulations issued under section 44936 of title 49, United States Code, in accordance with this section. “(7) Rule of construction.—Nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the TSA. “(b) Recurrent Vetting.—“(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator and the Director of the Federal Bureau of Investigation shall fully implement the Rap Back service for recurrent vetting of eligible TSA-regulated populations of individuals with unescorted access to any SIDA of an airport. “(2) Requirements.—As part of the requirement in paragraph (1), the Administrator shall ensure that—“(A) any status notifications the TSA receives through the Rap Back service about criminal offenses be limited to only disqualifying criminal offenses in accordance with the regulations promulgated by the TSA under section 44903 of title 49, United States Code, or other Federal law; and “(B) any information received by the Administration through the Rap Back service is provided directly and immediately to the relevant airport and aircraft operators. “(3) Report to congress.—Not later than 30 days after implementation of the Rap Back service described in paragraph (1), the Administrator shall submit to the appropriate congressional committees a report on the such implementation. “(c) Access to Terrorism-Related Data.—Not later than 30 days after the date of the enactment of this Act, the Administrator and the Director of National Intelligence shall coordinate to ensure that the Administrator is authorized to receive automated, real-time access to additional Terrorist Identities Datamart Environment (TIDE) data and any other terrorism-related category codes to improve the effectiveness of the TSA’s credential vetting program for individuals who are seeking or have unescorted access to any SIDA of an airport. “(d) Access to E–Verify and SAVE Programs.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall authorize each airport operator to have direct access to the E–Verify program and the Systematic Alien Verification for Entitlements (SAVE) automated system to determine the eligibility of individuals seeking unescorted access to any SIDA of an airport. “SEC. 3406. METRICS.“(a) In General.—Not later than one year after the date of the enactment of this Act [July 15, 2016], the Administrator shall develop and implement performance metrics to measure the effectiveness of security for the SIDAs of airports. “(b) Considerations.—In developing the performance metrics under subsection (a), the Administrator may consider—“(1) adherence to access point procedures; “(2) proper use of credentials; “(3) differences in access point requirements between airport workers performing functions on the airside of an airport and airport workers performing functions in other areas of an airport; “(4) differences in access point characteristics and requirements at airports; and “(5) any additional factors the Administrator considers necessary to measure performance. “SEC. 3407. INSPECTIONS AND ASSESSMENTS.“(a) Model and Best Practices.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016], the Administrator, in consultation with the ASAC, shall develop a model and best practices for unescorted access security that—“(1) use intelligence, scientific algorithms, and risk-based factors; “(2) ensure integrity, accountability, and control; “(3) subject airport workers to random physical security inspections conducted by TSA representatives in accordance with this section; “(4) appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and “(5) include validation of identification materials, such as with biometrics. “(b) Inspections.—Consistent with a risk-based security approach, the Administrator shall expand the use of transportation security officers and inspectors to conduct enhanced, random and unpredictable, data-driven, and operationally dynamic physical inspections of airport workers in each SIDA of an airport and at each SIDA access point to—“(1) verify the credentials of such airport workers; “(2) determine whether such airport workers possess prohibited items, except for those items that may be necessary for the performance of such airport workers’ duties, as appropriate, in any SIDA of an airport; and “(3) verify whether such airport workers are following appropriate procedures to access any SIDA of an airport. “(c) Screening Review.—“(1) In general.—The Administrator shall conduct a review of airports that have implemented additional airport worker screening or perimeter security to improve airport security, including—“(A) comprehensive airport worker screening at access points to secure areas; “(B) comprehensive perimeter screening, including vehicles; “(C) enhanced fencing or perimeter sensors; and “(D) any additional airport worker screening or perimeter security measures the Administrator identifies. “(2) Best practices.—After completing the review under paragraph (1), the Administrator shall—“(A) identify best practices for additional access control and airport worker security at airports; and “(B) disseminate to airport operators the best practices identified under subparagraph (A). “(3) Pilot program.—The Administrator may conduct a pilot program at one or more airports to test and validate best practices for comprehensive airport worker screening or perimeter security under paragraph (2). “SEC. 3408. COVERT TESTING.“(a) In General.—The Administrator shall increase the use of red-team, covert testing of access controls to any secure areas of an airport. “(b) Additional Covert Testing.—The Inspector General of the Department of Homeland Security shall conduct red-team, covert testing of airport access controls to the SIDAs of airports. “(c) Reports to Congress.—“(1) Administrator report.—Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall submit to the appropriate congressional committees a report on the progress to expand the use of inspections and of red-team, covert testing under subsection (a). “(2) Inspector general report.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the appropriate congressional committees a report on the effectiveness of airport access controls to the SIDAs of airports based on red-team, covert testing under subsection (b). “SEC. 3409. SECURITY DIRECTIVES.“(a) Review.—Not later than 180 days after the date of the enactment of this Act [July 15, 2016] and annually thereafter, the Administrator, in consultation with the appropriate regulated entities, shall conduct a comprehensive review of every current security directive addressed to any regulated entity to—“(1) determine whether each such security directive continues to be relevant; “(2) determine whether such security directives should be streamlined or consolidated to most efficiently maximize risk reduction; and “(3) update, consolidate, or revoke any security directive as necessary. “(b) Notice.—For each security directive that the Administrator issues, the Administrator shall submit to the appropriate congressional committees notice of—“(1) the extent to which each such security directive responds to a specific threat, security threat assessment, or emergency situation against civil aviation; and “(2) when it is anticipated that each such security directive will expire. “SEC. 3410. IMPLEMENTATION REPORT.“Not later than one year after the date of the enactment of this Act [July 15, 2016], the Comptroller General of the United States shall—“(1) assess the progress made by the TSA and the effect on aviation security of implementing the requirements under sections 3402 through 3409 of this subtitle; and “(2) report to the appropriate congressional committees on the results of the assessment under paragraph (1), including any recommendations. “SEC. 3411. MISCELLANEOUS AMENDMENTS.“(a) ASAC Terms of Office.— [Amended section 44946 of this title.] “(b) Feedback.— [Amended section 44946 of this title.] “Subtitle E—Checkpoints of the Future“SEC. 3501. CHECKPOINTS OF THE FUTURE.“(a) In General.—The Administrator, in accordance with chapter 449 of title 49, United States Code, shall request the Aviation Security Advisory Committee (established pursuant to section 44946 of such title) to develop recommendations for more efficient and effective passenger screening processes. “(b) Considerations.—In making recommendations to improve existing passenger screening processes, the Aviation Security Advisory Committee shall consider—“(1) the configuration of a checkpoint; “(2) technology innovation; “(3) ways to address any vulnerabilities identified in audits of checkpoint operations; “(4) ways to prevent security breaches at airports at which Federal security screening is provided; “(5) best practices in aviation security; “(6) recommendations from airports and aircraft operators, and any relevant advisory committees; and “(7) ‘curb to curb’ processes and procedures. “(c) Report.—Not later than one year after the date of enactment of this Act [July 15, 2016], the Administrator shall submit 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 report on the results of the Aviation Security Advisory Committee review under this section, including any recommendations for improving passenger screening processes. “SEC. 3502. PILOT PROGRAM FOR INCREASED EFFICIENCY AND SECURITY AT CATEGORY X AIRPORTS.“(a) In General.—The Administrator shall establish a pilot program at at least three and not more than six airports to reconfigure and install security systems that increase efficiency and reduce vulnerabilities in airport terminals, particularly at airports that have large open areas at which screening is conducted. “(b) Selection of Airports.—In selecting airports for the pilot program established under subsection (a), the Administrator shall—“(1) select airports from among airports classified by the TSA as Category X airports and that are able to begin the reconfiguration and installation of security systems expeditiously; and “(2) give priority to an airport that—“(A) submits a proposal that seeks Federal funding for reconfiguration of such airport’s security systems; “(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and “(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the cost of such pilot program. “SEC. 3503. PILOT PROGRAM FOR THE DEVELOPMENT AND TESTING OF PROTOTYPES FOR AIRPORT SECURITY SYSTEMS.“(a) In General.—The Administrator shall establish a pilot program at three airports to develop and test prototypes of screening security systems and security checkpoint configurations that are intended to expedite the movement of passengers by deploying a range of technologies, including passive and active systems, new types of security baggage and personal screening systems, and new systems to review and address passenger and baggage anomalies. “(b) Selection of Airports.—In selecting airports for the pilot program established under subsection (a), the Administrator shall—“(1) select airports from among airports classified by the TSA as Category X airports that are able to begin the reconfiguration and installation of security systems expeditiously; “(2) consider detection capabilities; and “(3) give priority to an airport that—“(A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems; “(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and “(C) is able to enter into a cost-sharing arrangement with the TSA under which such airport will provided [sic] funding towards the cost of such pilot program. “SEC. 3504. REPORT REQUIRED.“Not later than 90 days after the date of the enactment of this Act [July 15, 2016], the Administrator shall submit 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 and a report on the pilot programs established under sections 3502 and 3503 of this subtitle. “SEC. 3505. FUNDING.“The Administrator shall carry out the pilot programs established under sections 3502 and 3503 of this subtitle using amounts—“(1) appropriated to the TSA before the date of the enactment of this Act [July 15, 2016] and available for obligation as of such date of enactment; and “(2) amounts obtained as reimbursements from airports under such pilot programs. “SEC. 3506. ACCEPTANCE AND PROVISION OF RESOURCES BY THE TRANSPORTATION SECURITY ADMINISTRATION.“The Administrator, in carrying out the functions of the pilot programs established under sections 3502 and 3503 of this subtitle, may accept services, supplies, equipment, personnel, or facilities, without reimbursement, from any other public or private entity.”

Protection of Passenger Planes From Explosives

Pub. L. 110–53, title XVI, § 1610, Aug. 3, 2007, 121 Stat. 484, provided that: “(a) Technology Research and Pilot Projects.—“(1) Research and development.—The Secretary of Homeland Security, in consultation with the Administrator of the Transportation Security Administration, shall expedite research and development programs for technologies that can disrupt or prevent an explosive device from being introduced onto a passenger plane or from damaging a passenger plane while in flight or on the ground. The research shall be used in support of implementation of section 44901 of title 49, United States Code. “(2) Pilot projects.—The Secretary, in conjunction with the Secretary of Transportation, shall establish a grant program to fund pilot projects—“(A) to deploy technologies described in paragraph (1); and “(B) to test technologies to expedite the recovery, development, and analysis of information from aircraft accidents to determine the cause of the accident, including deployable flight deck and voice recorders and remote location recording devices. “(b) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2008 such sums as may be necessary to carry out this section. Such sums shall remain available until expended.”

Standards for Increasing the Use of Explosive Detection Equipment

Pub. L. 109–295, title V, § 518, Oct. 4, 2006, 120 Stat. 1380, provided that: “The Secretary of Homeland Security, in consultation with industry stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 109–90, title V, § 524, Oct. 18, 2005, 119 Stat. 2086.

Use of Existing Equipment To Screen Passenger Cargo; Reports

Pub. L. 109–90, title V, § 525, Oct. 18, 2005, 119 Stat. 2086, as amended by Pub. L. 114–113, div. F, title V, § 510(c), Dec. 18, 2015, 129 Stat. 2514, provided that: “The Transportation Security Administration (TSA) shall utilize existing checked baggage explosive detection equipment and screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at each airport: Provided, That beginning with November 2005, TSA shall provide a monthly report to the Committees on Appropriations of the Senate and the House of Representatives detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August 2005 and each month.”

In-Line Checked Baggage Screening

Pub. L. 108–458, title IV, § 4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that: “(a) In-Line Baggage Screening Equipment.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to expedite the installation and use of in-line baggage screening equipment at airports at which screening is required by section 44901 of title 49, United States Code. “(b) Schedule.—Not later than 180 days after the date of enactment of this Act [Dec. 17, 2004], the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at such airports, with an estimate of the impact that such equipment, facility modification, and baggage conveyor placement will have on staffing needs and levels related to aviation security.”

Checked Baggage Screening Area Monitoring

Pub. L. 108–458, title IV, § 4020, Dec. 17, 2004, 118 Stat. 3722, provided that: “(a) In General.—The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide, subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States Code, and that have checked baggage screening areas that are not open to public view in the acquisition and installation of security monitoring cameras for surveillance of such areas in order to deter theft from checked baggage and to aid in the speedy resolution of liability claims against the Transportation Security Administration. “(b) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005 such sums as may be necessary to carry out this section. Such sums shall remain available until expended.”

Pilot Program To Evaluate Use of Blast Resistant Cargo and Baggage Containers

Pub. L. 108–458, title IV, § 4051, Dec. 17, 2004, 118 Stat. 3728, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), beginning not later than 180 days after Dec. 17, 2004, to carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device, and directed the Assistant Secretary to provide incentives to air carriers to volunteer to participate in such program.

Air Cargo Security

Pub. L. 108–458, title IV, § 4052, Dec. 17, 2004, 118 Stat. 3728, provided that: “(a) Air Cargo Screening Technology.—The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop technology to better identify, track, and screen air cargo. “(b) Improved Air Cargo and Airport Security.—There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration, in addition to any amounts otherwise authorized by law, for the purpose of improving aviation security related to the transportation of cargo on both passenger aircraft and all-cargo aircraft—“(1) $200,000,000 for fiscal year 2005; “(2) $200,000,000 for fiscal year 2006; and “(3) $200,000,000 for fiscal year 2007. Such sums shall remain available until expended. “(c) Research, Development, and Deployment.—To carry out subsection (a), there is authorized to be appropriated to the Secretary, in addition to any amounts otherwise authorized by law, for research and development related to enhanced air cargo security technology as well as for deployment and installation of enhanced air cargo security technology—“(1) $100,000,000 for fiscal year 2005; “(2) $100,000,000 for fiscal year 2006; and “(3) $100,000,000 for fiscal year 2007. Such sums shall remain available until expended. “(d) Advanced Cargo Security Grants.—“(1) In general.—The Secretary shall establish and carry out a program to issue competitive grants to encourage the development of advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c). “(2) Eligibility criteria, etc.—The Secretary shall establish such eligibility criteria, establish such application and administrative procedures, and provide for such matching funding requirements, if any, as may be necessary and appropriate to ensure that the technology is deployed as fully and rapidly as possible.”

Identification Standards

Pub. L. 108–458, title VII, § 7220, Dec. 17, 2004, 118 Stat. 3835, provided that: “(a) Proposed Standards.—“(1) In general.—The Secretary of Homeland Security—“(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and “(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed and transmitted to Congress and approved under this section. “(2) Submission to congress.—Not later than 6 months after the date of enactment of this Act [Dec. 17, 2004], the Secretary shall submit the standards under paragraph (1)(A) to the Senate and the House of Representatives on the same day while each House is in session. “(3) Effective date.—Any proposed standards submitted to Congress under this subsection shall take effect when an approval resolution is passed by the House and the Senate under the procedures described in subsection (b) and becomes law. “(b) Congressional Approval Procedures.—“(1) Rulemaking power.—This subsection is enacted by Congress—“(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of such approval resolutions; and it supersedes other rules only to the extent that they are inconsistent therewith; and “(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. “(2) Approval resolution.—For the purpose of this subsection, the term ‘approval resolution’ means a joint resolution of Congress, the matter after the resolving clause of which is as follows: ‘That the Congress approves the proposed standards issued under section 7220 of the 9/11 Commission Implementation Act of 2004, transmitted by the President to the Congress on ______’, the blank space being filled in with the appropriate date. “(3) Introduction.—Not later than the first day of session following the day on which proposed standards are transmitted to the House of Representatives and the Senate under subsection (a), an approval resolution—“(A) shall be introduced (by request) in the House by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House; and “(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate. “(4) Prohibitions.—“(A) Amendments.—No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate. “(B) Motions to suspend.—No motion to suspend the application of this paragraph shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous consent. “(5) Referral.—“(A) In general.—An approval resolution shall be referred to the committees of the House of Representatives and of the Senate with jurisdiction. Each committee shall make its recommendations to the House of Representatives or the Senate, as the case may be, within 45 days after its introduction. Except as provided in subparagraph (B), if a committee to which an approval resolution has been referred has not reported it at the close of the 45th day after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. “(B) Final passage.—A vote on final passage of the resolution shall be taken in each House on or before the close of the 15th day after the resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. “(C) Computation of days.—For purposes of this paragraph, in computing a number of days in either House, there shall be excluded any day on which that House is not in session. “(6) Coordination with action of other house.—If prior to the passage by one House of an approval resolution of that House, that House receives the same approval resolution from the other House, then the procedure in that House shall be the same as if no approval resolution has been received from the other House, but the vote on final passage shall be on the approval resolution of the other House. “(7) Floor consideration in the house of representatives.—“(A) Motion to proceed.—A motion in the House of Representatives to proceed to the consideration of an approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, not shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. “(B) Debate.—Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate shall not be debatable. It shall not be in order to move to recommit an approval resolution or to move to reconsider the vote by which an approval resolution is agreed to or disagreed to. “(C) Motion to postpone.—Motions to postpone made in the House of Representatives with respect to the consideration of an approval resolution and motions to proceed to the consideration of other business shall be decided without debate. “(D) Appeals.—All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to an approval resolution shall be decided without debate. “(E) Rules of the house of representatives.—Except to the extent specifically provided in subparagraphs (A) through (D), consideration of an approval resolution shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances. “(8) Floor consideration in the Senate.—“(A) Motion to proceed.—A motion in the Senate to proceed to the consideration of an approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. “(B) Debate on resolution.—Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader, or their designees. “(C) Debate on motions and appeals.—Debate in the Senate on any debatable motion or appeal in connection with an approval resolution shall be limited to not more than 1 hour, which shall be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time under their control on the passage of an approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. “(D) Limit on debate.—A motion in the Senate to further limit debate is not debatable. A motion to recommit an approval resolution is not in order. “(c) Default Standards.—“(1) In general.—If the standards proposed under subsection (a)(1)(A) are not approved pursuant to the procedures described in subsection (b), then not later than 1 year after rejection by a vote of either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present, for identification purposes—“(A) a valid, unexpired passport; “(B) domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes; “(C) any document issued by the Attorney General or the Secretary of Homeland Security under the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or “(D) a document issued by the country of nationality of any alien not required to possess a passport for admission to the United States that the Secretary designates as reliable for identifications purposes “(2) Exception.—The documentary requirements described in paragraph (1)—“(A) shall not apply to individuals below the age of 17, or such other age as determined by the Secretary of Homeland Security; “(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency. “(d) Recommendation to Congress.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], the Secretary of Homeland Security shall recommend to Congress—“(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum identification standards for access to such facilities; and “(2) appropriate minimum identification standards to gain access to those facilities.”

Deadline for Deployment of Federal Screeners

Pub. L. 107–71, title I, § 110(c), Nov. 19, 2001, 115 Stat. 616, provided that, not later than 1 year after Nov. 19, 2001, the Administrator of the Transportation Security Administration would deploy at all airports in the United States where screening is required under this section a sufficient number of Federal screeners, Federal Security Managers, Federal security personnel, and Federal law enforcement officers to conduct the screening of all passengers and property under this section and also not later than 1 year after Nov. 19, 2001, certify to Congress that this requirement was met.

Reports

Pub. L. 107–71, title I, § 110(d), Nov. 19, 2001, 115 Stat. 616, provided that: “(1) Deployment.—Within 6 months after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall report to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives on the deployment of the systems required by section 44901(c) of title 49, United States Code. The Under Secretary shall include in the report—“(A) an installation schedule; “(B) the dates of installation of each system; and “(C) the date on which each system installed is operational. “(2) Screening of small aircraft.—Within 1 year after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives on the screening requirements applicable to passengers boarding, and property being carried aboard, aircraft with 60 seats or less used in scheduled passenger service with recommendations for any necessary changes in those requirements.”

Installation of Advanced Security Equipment; Agreements

Pub. L. 104–264, title III, § 305(b), Oct. 9, 1996, 110 Stat. 3252, provided that: “The Administrator is authorized to use noncompetitive or cooperative agreements with air carriers and airport authorities that provide for the Administrator to purchase and assist in installing advanced security equipment for the use of such entities.”

Passenger Profiling

Pub. L. 104–264, title III, § 307, Oct. 9, 1996, 110 Stat. 3253, which related to developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs, was repealed by Pub. L. 118–63, title II, § 218(g), May 16, 2024, 138 Stat. 1056.

Authority To Use Certain Funds for Airport Security Programs and Activities

Pub. L. 104–264, title III, § 308, Oct. 9, 1996, 110 Stat. 3253, which provided that funds from project grants made under subchapter I of chapter 471 of this title and passenger facility fees collected under section 40117 of this title could be used for the improvement of facilities and the purchase and deployment of equipment to enhance and ensure safe air travel, was repealed by Pub. L. 108–176, title I, § 143, Dec. 12, 2003, 117 Stat. 2503.

Installation and Use of Explosive Detection Equipment

Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 110, provided in part that: “Not later than thirty days after the date of the enactment of this Act [June 30, 1989], the Federal Aviation Administrator shall initiate action, including such rulemaking or other actions as necessary, to require the use of explosive detection equipment that meets minimum performance standards requiring application of technology equivalent to or better than thermal neutron analysis technology at such airports (whether located within or outside the United States) as the Administrator determines that the installation and use of such equipment is necessary to ensure the safety of air commerce. The Administrator shall complete these actions within sixty days of enactment of this Act”.

Research and Development of Improved Airport Security Systems

Pub. L. 100–649, § 2(d), Nov. 10, 1988, 102 Stat. 3817, required the Administrator of the Federal Aviation Administration to conduct such research and development as necessary to improve airport security metal detectors and airport security x-ray systems in detecting firearms that were subject to the prohibitions of section 922(p) of Title 18, Crimes and Criminal Procedure.

Definitions of Terms in Title IV of Pub. L. 108–458

Pub. L. 108–458, title IV, § 4081, Dec. 17, 2004, 118 Stat. 3731, provided that: “In this title [enacting section 44925 of this title, amending sections 114, 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under this section, sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] (other than in sections 4001 and 4026 [amending sections 114 and 44904 of this title and enacting provisions set out as a note under section 2751 of Title 22]), the following definitions apply: “(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. “(2) Aviation definitions.—The terms ‘air carrier’, ‘air transportation’, ‘aircraft’, ‘airport’, ‘cargo’, ‘foreign air carrier’, and ‘intrastate air transportation’ have the meanings given such terms in section 40102 of title 49, United States Code. “(3) 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 regulations).”

Definitions of Terms in Pub. L. 107–71

For definitions of terms used in sections 101(g) and 110(c), (d), of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.