§ 44901. Screening passengers and property

Pub. L. 115–254, div. K, title I, § 1924, Oct. 5, 2018, 132 Stat. 3562, provided that: “(a) Review of Technology Acquisitions Process.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], in coordination with relevant officials of the Department [of Homeland Security], shall conduct a review of existing advanced transportation security screening technology testing and evaluation, acquisitions, and procurement practices within TSA [Transportation Security Administration]. “(2) Contents.—Such review shall include—“(A) identifying process delays and obstructions within the Department and the Administration regarding how such technology is identified, tested and evaluated, acquired, and deployed; “(B) assessing whether the TSA can better leverage existing resources or processes of the Department for the purposes of technology testing and evaluation; “(C) assessing whether the TSA can further encourage innovation and competition among technology stakeholders, including through increased participation of and funding for small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)); “(D) identifying best practices of other Department components or United States Government entities; and “(E) a plan to address any problems or challenges identified by such review. “(b) Briefing.—The Administrator shall provide to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a briefing on the findings of the review required under this section and a plan to address any problems or challenges identified by such review. “(c) Acquisitions and Procurement Enhancement.—Incorporating the results of the review in subsection (a), the Administrator shall—“(1) engage in outreach, coordination, and collaboration with transportation stakeholders to identify and foster innovation of new advanced transportation security screening technologies; “(2) streamline the overall technology development, testing, evaluation, acquisitions, procurement, and deployment processes of the Administration; and “(3) ensure the effectiveness and efficiency of such processes. “(d) Assessment.—The Secretary [of Homeland Security], in consultation with the Chief Privacy Officer of the Department, shall submit to the appropriate committees of Congress a compliance assessment of the TSA acquisition process relating to the health and safety risks associated with implementation of screening technologies. “(e) Performance Objectives.—The Administrator shall establish performance objectives for the testing and verification of security technology, including testing and verification conducted by appropriate third parties under section 1911 [49 U.S.C. 114 note], to ensure that progress is made, at a minimum, toward—“(1) reducing time for each phase of testing while maintaining security (including testing for detection testing, operational testing, testing and verification framework, and field testing); “(2) eliminating testing and verification delays; and “(3) increasing accountability. “(f) Tracking.—“(1) In general.—In carrying out subsection (e), the Administrator shall establish and continually track performance metrics for each type of security technology submitted for testing and verification, including testing and verification conducted by appropriate third parties under section 1911. “(2) Measuring progress toward goals.—The Administrator shall use the metrics established and tracked under paragraph (1) to generate data on an ongoing basis and to measure progress toward the achievement of the performance objectives established under subsection (e). “(3) Report required.—“(A) In general.—Not later than 2 years after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a report assessing the extent to which the performance objectives established under subsection (e), as measured by the performance metrics established and tracked under paragraph (1) of this subsection, have been met. “(B) Elements.—The report required by subparagraph (A) shall include—“(i) a list of the performance metrics established under paragraph (1), including the length of time for each phase of testing and verification for each type of security technology; and “(ii) a comparison of the progress achieved for testing and verification of security technology conducted by the TSA and the testing and verification of security technology conducted by third parties. “(C) Proprietary information.—The report required by subparagraph (A) shall—“(i) not include identifying information regarding an individual or entity or equipment; and “(ii) protect proprietary information. “(g) Information Technology Security.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator shall submit to the appropriate committees of Congress a plan to conduct recurring reviews of the operational, technical, and management security controls for Administration information technology systems at airports.”

Computed Tomography Pilot Programs

Pub. L. 115–254, div. K, title I, § 1925, Oct. 5, 2018, 132 Stat. 3563, provided that: “(a) In General.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall 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. “(b) Feasibility Study.—“(1) In general.—Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination with the Under Secretary for Science and Technology of the Department [of Homeland Security], shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a feasibility study regarding expanding the use of computed tomography technology for the screening of air cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation, interstate air transportation, or interstate air commerce. “(2) Considerations.—In conducting the feasibility study under paragraph (1), the Administrator shall consider the following:“(A) Opportunities to leverage computed tomography systems used for screening passengers and baggage. “(B) Costs and benefits of using computed tomography technology for screening air cargo. “(C) An analysis of emerging computed tomography systems that may have potential to enhance the screening of air cargo, including systems that may address aperture challenges associated with screening certain categories of air cargo. “(D) An analysis of emerging screening technologies, in addition to computed tomography, that may be used to enhance the screening of air cargo. “(c) Pilot Program.—Not later than 120 days after the date the feasibility study is submitted under subsection (b), the Administrator shall initiate a 2-year pilot program to achieve enhanced air cargo security screening outcomes through the use of new or emerging screening technologies, such as computed tomography technology, as identified through such study. “(d) Updates.—Not later than 60 days after the date the pilot program under subsection (c) is initiated, and biannually thereafter for 2 years, the Administrator shall brief the appropriate committees of Congress on the progress of implementation of such pilot program. “(e) Definitions.—In this section:“(1) Air carrier.—The term ‘air carrier’ has the meaning given the term in section 40102 of title 49, United States Code. “(2) Air transportation.—The term ‘air transportation’ has the meaning given the term in section 40102 of title 49, United States Code. “(3) Foreign air carrier.—The term ‘foreign air carrier’ has the meaning given the term in section 40102 of title 49, United States Code. “(4) Interstate air commerce.—The term ‘interstate air commerce’ has the meaning given the term in section 40102 of title 49, United States Code. “(5) Interstate air transportation.—The term ‘interstate air transportation’ has the meaning given the term in section 40102 of title 49, United States Code.”

Screening Performance Assessments

Pub. L. 115–254, div. K, title I, § 1947, Oct. 5, 2018, 132 Stat. 3587, provided that: “Subject to part 1520 of title 49, Code of Federal Regulations, the Administrator [of the Transportation Security Administration] shall quarterly make available to the airport director of an airport— “(1) an assessment of the screening performance of that airport compared to the mean average performance of all airports in the equivalent airport category for screening performance data; and “(2) a briefing on the results of performance data reports, including—“(A) a scorecard of objective metrics developed by the Office of Security Operations to measure screening performance, such as results of annual proficiency reviews and covert testing, at the appropriate level of classification; and “(B) other performance data, including—“(i) passenger throughput; “(ii) wait times; and “(iii) employee attrition, absenteeism, injury rates, and any other human capital measures collected by the TSA [Transportation Security Administration].”

Improvements for Screening of Passengers With Disabilities

Pub. L. 115–254, div. K, title I, § 1950, Oct. 5, 2018, 132 Stat. 3589, provided that: “(a) Revised Training.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], in consultation with nationally-recognized veterans and disability organizations, shall revise the training requirements for Transportation Security Officers related to the screening of passengers with disabilities, including passengers with disabilities who participate in the PreCheck program. “(2) Training specifications.—In revising the training requirements under paragraph (1), the Administrator shall address the proper screening, and any particular sensitivities related to the screening, of a passenger with a disability—“(A) traveling with a medical device, including an indwelling medical device; “(B) traveling with a prosthetic; “(C) traveling with a wheelchair, walker, scooter, or other mobility device; “(D) traveling with a service animal; or “(E) with sensitivities to touch, pressure, sound, or hypersensitivity to stimuli in the environment. “(3) Training frequency.—The Administrator shall implement the revised training under paragraph (1) during initial and recurrent training of all Transportation Security Officers. “(b) Best Practices.—The individual at the TSA [Transportation Security Administration] responsible for civil rights, liberties, and traveler engagement shall—“(1) record each complaint from a passenger with a disability regarding the screening practice of the TSA; “(2) identify the most frequent concerns raised, or accommodations requested, in the complaints; “(3) determine the best practices for addressing the concerns and requests identified in paragraph (2); and “(4) recommend appropriate training based on such best practices. “(c) Signage.—At each category X airport, the TSA shall place signage at each security checkpoint that—“(1) specifies how to contact the appropriate TSA employee at the airport designated to address complaints of screening mistreatment based on disability; and “(2) describes how to receive assistance from that individual or other qualified personnel at the security screening checkpoint. “(d) Reports to Congress.—Not later than September 30 of the first full fiscal year after the date of enactment of this Act [Oct. 5, 2018], and each fiscal year thereafter, the Administrator shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report on the checkpoint experiences of passengers with disabilities, including the following:“(1) The number and most frequent types of disability-related complaints received. “(2) The best practices recommended under subsection (b) to address the top areas of concern. “(3) The estimated wait times for assist requests for passengers with disabilities, including disabled passengers who participate in the PreCheck program.”

Air Cargo Advance Screening Program

Pub. L. 115–254, div. K, title I, § 1951, Oct. 5, 2018, 132 Stat. 3590, provided that: “(a) In General.—The Commissioner of U.S. Customs and Border Protection and the Administrator [of the Transportation Security Administration], consistent with the requirements of the Trade Act of 2002 (Public Law 107–210)[,] shall—“(1) establish an air cargo advance screening program (referred to in this section as the ‘ACAS Program’) for the collection of advance electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by air; “(2) under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States; “(3) establish appropriate communications systems with freight forwarders, shippers, and air carriers; “(4) establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and “(5) identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator. “(b) Inspection of High-risk Cargo.—Under the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall ensure that all cargo that has been identified as high-risk is inspected—“(1) prior to the loading of such cargo onto aircraft at the last point of departure; or “(2) at an earlier point in the supply chain, before departing for the United States. “(c) Consultation.—In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall consult with relevant stakeholders, as appropriate, to ensure that an operationally feasible and practical approach to—“(1) the collection of advance information with respect to cargo on aircraft departing for the United States is applied; and “(2) the inspection of high-risk cargo recognizes the significant differences among air cargo business models and modes of transportation. “(d) Analysis.—The Commissioner of U.S. Customs and Border Protection and the Administrator may analyze the information described in subsection (a) in the Department of Homeland Security’s automated targeting system and integrate such information with other intelligence to enhance the accuracy of the risk assessment process under the ACAS Program. “(e) No Duplication.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall carry out this section in a manner that, after the ACAS Program is fully in effect, ensures, to the greatest extent practicable, that the ACAS Program does not duplicate other Department [of Homeland Security] programs or requirements relating to the submission of air cargo data or the inspection of high-risk cargo. “(f) Consideration of Industry.—In carrying out the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall—“(1) consider the content and timeliness of the available data may vary among entities in the air cargo industry and among countries; “(2) explore procedures to accommodate the variations described in paragraph (1) while maximizing the contribution of such data to the risk assessment process under the ACAS Program; “(3) test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States and carry out related inspection of high-risk cargo, while ensuring delays and other negative impacts on vital supply chains are minimized; and “(4) consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order 13563 [5 U.S.C. 601 note] or any successor Executive order or regulation. “(g) Guidance.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall provide guidance for participants in the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data. “(h) Use of Data.—The Commissioner of U.S. Customs and Border Protection and the Administrator shall use the data provided under the ACAS Program for targeting shipments for screening and aviation security purposes only. “(i) Final Rule.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Commissioner of U.S. Customs and Border Protection, in coordination with the Administrator, shall issue a final regulation to implement the ACAS Program to include the electronic transmission to U.S. Customs and Border Protection of data elements for targeting cargo, including appropriate security elements of shipment level data. “(j) Report.—Not later than 180 days after the date of the commencement of the ACAS Program, the Commissioner of U.S. Customs and Border Protection and the Administrator shall submit to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report detailing the operational implementation of providing advance information under the ACAS Program and the value of such information in targeting cargo.”

Raising International Standards

Pub. L. 115–254, div. K, title I, § 1955(c), Oct. 5, 2018, 132 Stat. 3596, provided that: “Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall collaborate with other aviation authorities and the United States Ambassador or the Charge d’Affaires to the United States Mission to the International Civil Aviation Organization, as applicable, to advance a global standard for each international airport to document and track the removal and disposal of any security screening equipment to ensure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security.”

International Security Standards

Pub. L. 115–254, div. K, title I, § 1956, Oct. 5, 2018, 132 Stat. 3596, provided that: “(a) Global Aviation Security Review.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration], in coordination with the Commissioner of the U.S. Customs and Border Protection, the Director of the Office of International Engagement of the Department of Homeland Security, and the Secretary of State, shall conduct a global aviation security review to improve aviation security standards, including standards intended to mitigate cybersecurity threats, across the global aviation system. “(2) Best practices.—The global aviation security review shall establish best practices regarding the following:“(A) Collaborating with foreign partners to improve global aviation security capabilities and standards. “(B) Identifying foreign partners that—“(i) have not successfully implemented security protocols from the International Civil Aviation Organization or the Department of Homeland Security; and “(ii) have not taken steps to implement such security protocols;[.] “(C) Improving the development, outreach, and implementation process for security directives or emergency amendments issued to domestic and foreign air carriers. “(D) Assessing the cybersecurity risk of security screening equipment. “(b) Notification.—Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the United States Ambassador to the International Civil Aviation Organization, shall notify the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives of the progress of the review under subsection (a) and any proposed international improvements to aviation security. “(c) ICAO.—Subject to subsection (a), the Administrator and Ambassador shall take such action at the International Civil Aviation Organization as the Administrator and Ambassador consider necessary to advance aviation security improvement proposals, including if practicable, introducing a resolution to raise minimum standards for aviation security. “(d) Briefings to Congress.—Beginning not later than 180 days after the date of enactment of this Act, and periodically thereafter, the Administrator, in consultation with the Ambassador with respect to subsection (c), shall brief the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives on the implementation of subsections (a) and (b).”

Carriage of Weapons, Explosives, and Incendiaries by Individuals

Pub. L. 115–254, div. K, title I, § 1962, Oct. 5, 2018, 132 Stat. 3601, provided that: “(a) Interpretive Rule.—Subject to subsections (b) and (c), the Administrator [of the Transportation Security Administration] shall periodically review and amend, as necessary, the interpretive rule (68 Fed. Reg. 7444) that provides guidance to the public on the types of property considered to be weapons, explosives, and incendiaries prohibited under section 1540.111 of title 49, Code of Federal Regulations. “(b) Considerations.—Before determining whether to amend the interpretive rule to include or remove an item from the prohibited list, the Administrator shall—“(1) research and evaluate—“(A) the impact, if any, the amendment would have on security risks; “(B) the impact, if any, the amendment would have on screening operations, including effectiveness and efficiency; and “(C) whether the amendment is consistent with international standards and guidance, including of the International Civil Aviation Organization; and “(2) consult with appropriate aviation security stakeholders, including ASAC [Aviation Security Advisory Committee]. “(c) Exceptions.—Except for plastic or round bladed butter knives, the Administrator may not amend the interpretive rule described in subsection (a) to authorize any knife to be permitted in an airport sterile area or in the cabin of an aircraft. “(d) Notification.—The Administrator shall—“(1) publish in the Federal Register any amendment to the interpretive rule described in subsection (a); and “(2) notify the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of the amendment not later than 3 days before publication under paragraph (1).”

Consideration of Privacy and Civil Liberties

Pub. L. 115–141, div. F, title V, § 521, Mar. 23, 2018, 132 Stat. 628, provided that: “Hereafter, in developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers’ and crews’ privacy and civil liberties consistent with applicable laws, regulations, and guidance.”

Bottles and Breastfeeding Equipment Screening

Pub. L. 114–293, Dec. 16, 2016, 130 Stat. 1503, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Bottles and Breastfeeding Equipment Screening Act’. “SEC. 2. TSA SECURITY SCREENING GUIDELINES FOR BABY FORMULA, BREAST MILK, PURIFIED DEIONIZED WATER FOR INFANTS, AND JUICE ON AIRPLANES; TRAINING ON SPECIAL PROCEDURES.“Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2016], the Administrator of the Transportation Security Administration shall—“(1) notify air carriers and security screening personnel of the Transportation Security Administration and personnel of private security companies providing security screening pursuant to section 44920 of title 49, United States Code, of such Administration’s guidelines regarding permitting baby formula, breast milk, purified deionized water for infants, and juice on airplanes under the Administration’s guidelines known as the 3–1–1 Liquids Rule Exemption; and “(2) in training procedures for security screening personnel of the Administration and private security companies providing security screening pursuant to section 44920 of title 49, United States Code, include training on special screening procedures.”

Aviation Security

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