{"identifier":"/us/usc/t49/s44901","title_num":"49","num":"§ 44901.","heading":"Screening passengers and property","status":null,"guid":"idaa04ebb6-22ee-11e8-be3d-9bb80bf86f2e","source_credit":"(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §§ 101(f)(7), 110(b), Nov. 19, 2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV, § 425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53, title XVI, §§ 1602(a), 1609, 1617, Aug. 3, 2007, 121 Stat. 477, 484, 488; Pub. L. 112–95, title VIII, § 826, Feb. 14, 2012, 126 Stat. 132; Pub. L. 112–218, § 2, Dec. 20, 2012, 126 Stat. 1593; Pub. L. 114–125, title VIII, § 815, Feb. 24, 2016, 130 Stat. 220.)","seq_in_title":996,"parent_identifier":"/us/usc/t49/stVII/ptA/sptiii/ch449/schI","ancestors":[{"identifier":"/us/usc/t49","level":"title","num":"Title 49—","heading":"TRANSPORTATION","status":null,"is_section":false},{"identifier":"/us/usc/t49/stVII","level":"subtitle","num":"SUBTITLE VII—","heading":"AVIATION PROGRAMS","status":null,"is_section":false},{"identifier":"/us/usc/t49/stVII/ptA","level":"part","num":"PART A—","heading":"AIR COMMERCE AND SAFETY","status":null,"is_section":false},{"identifier":"/us/usc/t49/stVII/ptA/sptiii","level":"subpart","num":"subpart iii—","heading":"safety","status":null,"is_section":false},{"identifier":"/us/usc/t49/stVII/ptA/sptiii/ch449","level":"chapter","num":"CHAPTER 449—","heading":"SECURITY","status":null,"is_section":false},{"identifier":"/us/usc/t49/stVII/ptA/sptiii/ch449/schI","level":"subchapter","num":"SUBCHAPTER I—","heading":"REQUIREMENTS","status":null,"is_section":false}],"xml":"
§ 44901. Screening passengers and property(a) In General.—The Under Secretary of Transportation for Security shall provide for the screening of all passengers and property, including United States mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. In the case of flights and flight segments originating in the United States, the screening shall take place before boarding and shall be carried out by a Federal Government employee (as defined in section 2105 of title 5, United States Code), except as otherwise provided in section 44919 or 44920 and except for identifying passengers and baggage for screening under the CAPPS and known shipper programs and conducting positive bag-match programs.\n\n(b) Supervision of Screening.—All screening of passengers and property at airports in the United States where screening is required under this section shall be supervised by uniformed Federal personnel of the Transportation Security Administration who shall have the power to order the dismissal of any individual performing such screening.\n\n(c) Checked Baggage.—A system must be in operation to screen all checked baggage at all airports in the United States as soon as practicable but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act.\n\n(d) Explosives Detection Systems.—(1) In general.—The Under Secretary of Transportation for Security shall take all necessary action to ensure that—(A) explosives detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosives detection systems to screen all checked baggage no later than December 31, 2002, and that as soon as such systems are in place at an airport, all checked baggage at the airport is screened by those systems; and\n\n(B) all systems deployed under subparagraph (A) are fully utilized; and\n\n(C) if explosives detection equipment at an airport is unavailable, all checked baggage is screened by an alternative means.\n\n\n(2) Deadline.—(A) In general.—If, in his discretion or at the request of an airport, the Under Secretary of Transportation for Security determines that the Transportation Security Administration is not able to deploy explosives detection systems required to be deployed under paragraph (1) at all airports where explosives detection systems are required by December 31, 2002, then with respect to each airport for which the Under Secretary makes that determination—(i) the Under Secretary shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a detailed plan (which may be submitted in classified form) for the deployment of the number of explosives detection systems at that airport necessary to meet the requirements of paragraph (1) as soon as practicable at that airport but in no event later than December 31, 2003; and\n\n(ii) the Under Secretary shall take all necessary action to ensure that alternative means of screening all checked baggage is implemented until the requirements of paragraph (1) have been met.\n\n\n(B) Criteria for determination.—In making a determination under subparagraph (A), the Under Secretary shall take into account—(i) the nature and extent of the required modifications to the airport’s terminal buildings, and the technical, engineering, design and construction issues;\n\n(ii) the need to ensure that such installations and modifications are effective; and\n\n(iii) the feasibility and cost-effectiveness of deploying explosives detection systems in the baggage sorting area or other non-public area rather than the lobby of an airport terminal building.\n\n\n(C) Response.—The Under Secretary shall respond to the request of an airport under subparagraph (A) within 14 days of receiving the request. A denial of request shall create no right of appeal or judicial review.\n\n(D) Airport effort required.—Each airport with respect to which the Under Secretary makes a determination under subparagraph (A) shall—(i) cooperate fully with the Transportation Security Administration with respect to screening checked baggage and changes to accommodate explosives detection systems; and\n\n(ii) make security projects a priority for the obligation or expenditure of funds made available under chapter 417 or 471 until explosives detection systems required to be deployed under paragraph (1) have been deployed at that airport.\n\n\n\n(3) Reports.—Until the Transportation Security Administration has met the requirements of paragraph (1), the Under Secretary shall submit a classified report every 30 days after the date of enactment of this Act to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure describing the progress made toward meeting such requirements at each airport.\n\n(4) Preclearance airports.—(A) In general.—For a flight or flight segment originating at an airport outside the United States and traveling to the United States with respect to which checked baggage has been screened in accordance with an aviation security preclearance agreement between the United States and the country in which such airport is located, the Assistant Secretary (Transportation Security Administration) may, in coordination with U.S. Customs and Border Protection, determine whether such baggage must be re-screened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment.\n\n(B) Aviation security preclearance agreement defined.—In this paragraph, the term “aviation security preclearance agreement” means an agreement that delineates and implements security standards and protocols that are determined by the Assistant Secretary, in coordination with U.S. Customs and Border Protection, to be comparable to those of the United States and therefore sufficiently effective to enable passengers to deplane into sterile areas of airports in the United States.\n\n(C) Rescreening requirement.—If the Administrator of the Transportation Security Administration determines that the government of a foreign country has not maintained security standards and protocols comparable to those of the United States at airports at which preclearance operations have been established in accordance with this paragraph, the Administrator shall ensure that Transportation Security Administration personnel rescreen passengers arriving from such airports and their property in the United States before such passengers are permitted into sterile areas of airports in the United States.\n\n(D) Report.—The Assistant Secretary shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report on the re-screening of baggage under this paragraph. Each such report shall include the following for the year covered by the report:(i) A list of airports outside the United States from which a flight or flight segment traveled to the United States for which the Assistant Secretary determined, in accordance with the authority under subparagraph (A), that checked baggage was not required to be re-screened in the United States by an explosives detection system before such baggage continued on an additional flight or flight segment.\n\n(ii) The amount of Federal savings generated from the exercise of such authority.\n\n\n\n\n(e) Mandatory Screening Where EDS Not Yet Available.—As soon as practicable but not later than the 60th day following the date of enactment of the Aviation and Transportation Security Act and until the requirements of subsection (b)(1)(A) are met, the Under Secretary shall require alternative means for screening any piece of checked baggage that is not screened by an explosives detection system. Such alternative means may include 1 or more of the following:(1) A bag-match program that ensures that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft.\n\n(2) Manual search.\n\n(3) Search by canine explosives detection units in combination with other means.\n\n(4) Other means or technology approved by the Under Secretary.\n\n\n(f) Cargo Deadline.—A system must be in operation to screen, inspect, or otherwise ensure the security of all cargo that is to be transported in all-cargo aircraft in air transportation and intrastate air transportation as soon as practicable after the date of enactment of the Aviation and Transportation Security Act.\n\n(g) Air Cargo on Passenger Aircraft.—(1) In general.—Not later than 3 years after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security shall establish a system to screen 100 percent of cargo transported on passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of all such passenger aircraft carrying cargo.\n\n(2) Minimum standards.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft described in paragraph (1) to provide a level of security commensurate with the level of security for the screening of passenger checked baggage as follows:(A) 50 percent of such cargo is so screened not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.\n\n(B) 100 percent of such cargo is so screened not later than 3 years after such date of enactment.\n\n\n(3) Regulations.—(A) Interim final rule.—The Secretary of Homeland Security may issue an interim final rule as a temporary regulation to implement this subsection without regard to the provisions of chapter 5 of title 5.\n\n(B) Final rule.—(i) In general.—If the Secretary issues an interim final rule under subparagraph (A), the Secretary shall issue, not later than one year after the effective date of the interim final rule, a final rule as a permanent regulation to implement this subsection in accordance with the provisions of chapter 5 of title 5.\n\n(ii) Failure to act.—If the Secretary does not issue a final rule in accordance with clause (i) on or before the last day of the one-year period referred to in clause (i), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate a report explaining why the final rule was not timely issued and providing an estimate of the earliest date on which the final rule will be issued. The Secretary shall submit the first such report within 10 days after such last day and submit a report to the Committees containing updated information every 30 days thereafter until the final rule is issued.\n\n(iii) Superceding 11 So in original. of interim final rule.—The final rule issued in accordance with this subparagraph shall supersede the interim final rule issued under subparagraph (A).\n\n\n\n(4) Report.—Not later than 1 year after the date of establishment of the system under paragraph (1), the Secretary shall submit to the Committees referred to in paragraph (3)(B)(ii) a report that describes the system.\n\n(5) Screening defined.—In this subsection the term “screening” means a physical examination or non-intrusive methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems, explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation Security Administration, or a physical search together with manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat to transportation security and to assist in meeting the requirements of this subsection. Such additional cargo screening methods shall not include solely performing a review of information about the contents of cargo or verifying the identity of a shipper of the cargo that is not performed in conjunction with other security methods authorized under this subsection, including whether a known shipper is registered in the known shipper database. Such additional cargo screening methods may include a program to certify the security methods used by shippers pursuant to paragraphs (1) and (2) and alternative screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.\n\n\n(h) Deployment of Armed Personnel.—(1) In general.—The Under Secretary shall order the deployment of law enforcement personnel authorized to carry firearms at each airport security screening location to ensure passenger safety and national security.\n\n(2) Minimum requirements.—Except at airports required to enter into agreements under subsection (c), the Under Secretary shall order the deployment of at least 1 law enforcement officer at each airport security screening location. At the 100 largest airports in the United States, in terms of annual passenger enplanements for the most recent calendar year for which data are available, the Under Secretary shall order the deployment of additional law enforcement personnel at airport security screening locations if the Under Secretary determines that the additional deployment is necessary to ensure passenger safety and national security.\n\n\n(i) Exemptions and Advising Congress on Regulations.—The Under Secretary—(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier providing air transportation under a certificate issued under section 41102 of this title or a permit issued under section 41302 of this title; and\n\n(2) shall advise Congress of a regulation to be prescribed under this section at least 30 days before the effective date of the regulation, unless the Under Secretary decides an emergency exists requiring the regulation to become effective in fewer than 30 days and notifies Congress of that decision.\n\n\n(j) Blast-Resistant Cargo Containers.—(1) In general.—Before January 1, 2008, the Administrator of the Transportation Security Administration shall—(A) evaluate the results of the blast-resistant cargo container pilot program that was initiated before the date of enactment of this subsection; and\n\n(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees of Congress and air carriers a report on that evaluation which may contain nonclassified and classified sections.\n\n\n(2) Acquisition, maintenance, and replacement.—Upon completion and consistent with the results of the evaluation that paragraph (1)(A) requires, the Administrator shall—(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and replace blast-resistant cargo containers;\n\n(B) pay for the program; and\n\n(C) make available blast-resistant cargo containers to air carriers pursuant to paragraph (3).\n\n\n(3) Distribution to air carriers.—The Administrator shall make available, beginning not later than July 1, 2008, blast-resistant cargo containers to air carriers for use on a risk managed basis as determined by the Administrator.\n\n\n(k) General Aviation Airport Security Program.—(1) In general.—Not later than one year after the date of enactment of this subsection, the Administrator of the Transportation Security Administration shall—(A) develop a standardized threat and vulnerability assessment program for general aviation airports (as defined in section 47134(m)); and\n\n(B) implement a program to perform such assessments on a risk-managed basis at general aviation airports.\n\n\n(2) Grant program.—Not later than 6 months after the date of enactment of this subsection, the Administrator shall initiate and complete a study of the feasibility of a program, based on a risk-managed approach, to provide grants to operators of general aviation airports (as defined in section 47134(m)) for projects to upgrade security at such airports. If the Administrator determines that such a program is feasible, the Administrator shall establish such a program.\n\n(3) Application to general aviation aircraft.—Not later than 180 days after the date of enactment of this subsection, the Administrator shall develop a risk-based system under which—(A) general aviation aircraft, as identified by the Administrator, in coordination with the Administrator of the Federal Aviation Administration, are required to submit passenger information and advance notification requirements for United States Customs and Border Protection before entering United States airspace; and\n\n(B) such information is checked against appropriate databases.\n\n\n(4) Authorization of appropriations.—There are authorized to be appropriated to the Administrator of the Transportation Security Administration such sums as may be necessary to carry out paragraphs (2) and (3).\n\n\n(l) Limitations on Use of Advanced Imaging Technology for Screening Passengers.—(1) Definitions.—In this subsection, the following definitions apply:(A) Advanced imaging technology.—The term “advanced imaging technology”—(i) means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and\n\n(ii) may include devices using backscatter x-rays or millimeter waves and devices referred to as “whole-body imaging technology” or “body scanning machines”.\n\n\n(B) Appropriate congressional committees.—The term “appropriate congressional committees” means—(i) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and\n\n(ii) the Committee on Homeland Security of the House of Representatives.\n\n\n(C) Automatic target recognition software.—The term “automatic target recognition software” means software installed on an advanced imaging technology that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals.\n\n\n(2) Use of advanced imaging technology.—Beginning June 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that any advanced imaging technology used for the screening of passengers under this section—(A) is equipped with and employs automatic target recognition software; and\n\n(B) complies with such other requirements as the Assistant Secretary determines necessary to address privacy considerations.\n\n\n(3) Extension.—(A) In general.—The Assistant Secretary may extend the deadline specified in paragraph (2), if the Assistant Secretary determines that—(i) an advanced imaging technology equipped with automatic target recognition software is not substantially as effective at screening passengers as an advanced imaging technology without such software; or\n\n(ii) additional testing of such software is necessary.\n\n\n(B) Duration of extensions.—The Assistant Secretary may issue one or more extensions under subparagraph (A). The duration of each extension may not exceed one year.\n\n\n(4) Reports.—(A) In general.—Not later than 60 days after the deadline specified in paragraph (2), and not later than 60 days after the date on which the Assistant Secretary issues any extension under paragraph (3), the Assistant Secretary shall submit to the appropriate congressional committees a report on the implementation of this subsection.\n\n(B) Elements.—A report submitted under subparagraph (A) shall include the following:(i) A description of all matters the Assistant Secretary considers relevant to the implementation of the requirements of this subsection.\n\n(ii) The status of compliance by the Transportation Security Administration with such requirements.\n\n(iii) If the Administration is not in full compliance with such requirements—(I) the reasons for the noncompliance; and\n\n(II) a timeline depicting when the Assistant Secretary expects the Administration to achieve full compliance.\n\n\n\n(C) Security classification.—To the greatest extent practicable, a report prepared under subparagraph (A) shall be submitted in an unclassified format. If necessary, the report may include a classified annex.\n\n\n\n(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §§ 101(f)(7), 110(b), Nov. 19, 2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV, § 425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53, title XVI, §§ 1602(a), 1609, 1617, Aug. 3, 2007, 121 Stat. 477, 484, 488; Pub. L. 112–95, title VIII, § 826, Feb. 14, 2012, 126 Stat. 132; Pub. L. 112–218, § 2, Dec. 20, 2012, 126 Stat. 1593; Pub. L. 114–125, title VIII, § 815, Feb. 24, 2016, 130 Stat. 220.)\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

44901(a)

49 App.:1356(a) (1st sentence).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 315(a) (1st, 2d sentences, 3d sentence 19th–last words); added Aug. 5, 1974, Pub. L. 93–366, § 202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, § 551(b)(1), 99 Stat. 225.

44901(b)

49 App.:1356(a) (2d sentence).

44901(c)(1)

49 App.:1356(c).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 315(c); added Aug. 5, 1974, Pub. L. 93–366, § 202, 88 Stat. 415; Nov. 16, 1990, Pub. L. 101–604, § 102(a), 104 Stat. 3068.

44901(c)(2)

49 App.:1356(a) (3d sentence 19th–last words).

\n

In subsection (a), the words “or continue in effect reasonable”, “intended”, and “the aircraft for such transportation” are omitted as surplus.

\n

In subsection (b), the words “Notwithstanding subsection (a) of this section” are added for clarity. The words “One year after August 5, 1974, or after the effective date of such regulations, whichever is later” are omitted as executed. The words “alter or”, “a continuation of”, “the extent deemed necessary to”, and “acts of” are omitted as surplus.

\n

In subsection (c)(1), the words “in whole or in part” and “those” are omitted as surplus. The word “providing” is substituted for “engaging in” for consistency in the revised title. The words “interstate, overseas, or foreign” are omitted because of the definition of “air transportation” in section 40102(a) of the revised title. The words “of public convenience and necessity”, “by the Civil Aeronautics Board”, “foreign air carrier”, and “by the Board” are omitted as surplus.

\n

In subsection (c)(2), the words “or amendments thereto” and “or amendments” are omitted as surplus.

\n\n\nReferences in Text

The date of enactment of the Aviation and Transportation Security Act, referred to in subsecs. (c), (e), and (f), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.

\n

The date of enactment of this Act, referred to in subsec. (d)(3), probably means the date of enactment of Pub. L. 107–296, which enacted subsec. (d)(2), (3) of this section and was approved Nov. 25, 2002.

\n

The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, such date of enactment, and the date of enactment of this subsection, referred to in subsecs. (g)(1), (2), (j)(1)(A), and (k)(1)–(3), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.

\n

Subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (g)(5), is section 1602(b) of Pub. L. 110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not classified to the Code.

\n\nAmendments

2016—Subsec. (d)(4)(C), (D). Pub. L. 114–125 added subpar. (C) and redesignated former subpar. (C) as (D).

\n

2012—Subsec. (d). Pub. L. 112–218, § 2(b), which directed substitution of “explosives” for “explosive” wherever appearing in this section, was executed in subsec. (d) by making such substitution wherever appearing in text as well as by substituting “Explosives” for “Explosive” in heading, to reflect the probable intent of Congress.

\n

Subsec. (d)(4). Pub. L. 112–218, § 2(a), added par. (4).

\n

Subsec. (e). Pub. L. 112–218, § 2(b), substituted “explosives” for “explosive” in introductory provisions and in par. (3).

\n

Subsec. (l). Pub. L. 112–95 added subsec. (l).

\n

2007—Subsecs. (g) to (i). Pub. L. 110–53, § 1602(a), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.

\n

Subsec. (j). Pub. L. 110–53, § 1609, added subsec. (j).

\n

Subsec. (k). Pub. L. 110–53, § 1617, added subsec. (k).

\n

2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2) and (3).

\n

2001—Subsec. (a). Pub. L. 107–71, § 110(b)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be carried out by a weapon-detecting facility or procedure used or operated by an employee or agent of an air carrier, intrastate air carrier, or foreign air carrier.”

\n

Subsec. (b). Pub. L. 107–71, § 110(b)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Notwithstanding subsection (a) of this section, the Administrator may amend a regulation prescribed under subsection (a) to require screening only to ensure security against criminal violence and aircraft piracy in air transportation and intrastate air transportation.”

\n

Subsec. (c). Pub. L. 107–71, § 110(b)(2), added subsec. (c). Former subsec. (c) redesignated (h).

\n

Pub. L. 107–71, § 101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions and par. (2).

\n

Subsecs. (d) to (g). Pub. L. 107–71, § 110(b)(2), added subsecs. (d) to (g).

\n

Subsec. (h). Pub. L. 107–71, § 110(b)(1), redesignated subsec. (c) as (h).

\n\nEffective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

\n\nSavings Provision

Pub. L. 107–71, title I, § 141, Nov. 19, 2001, 115 Stat. 643, provided that:\n“(a) Transfer of Assets and Personnel.—Except as otherwise provided in this Act [see Tables for classification], those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Transportation Security Administration by this Act shall be transferred to the Transportation Security Administration for use in connection with the functions transferred. Unexpended balances of appropriations, allocations, and other funds made available to the Federal Aviation Administration to carry out such functions shall also be transferred to the Transportation Security Administration for use in connection with the functions transferred.\n\n“(b) Legal Documents.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges—“(1) that have been issued, made, granted, or allowed to become effective by the Federal Aviation Administration, any officer or employee thereof, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and\n\n“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Under Secretary of Transportation for Security, any other authorized official, a court of competent jurisdiction, or operation of law.\n\n\n“(c) Proceedings.—“(1) In general.—The provisions of this Act shall not affect any proceedings or any application for any license pending before the Federal Aviation Administration at the time this Act takes effect [Nov. 19, 2001], insofar as those functions are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.\n\n“(2) Statutory construction.—Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.\n\n“(3) Orderly transfer.—The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings from the Federal Aviation Administration.\n\n\n“(d) Suits.—“(1) In general.—This Act shall not affect suits commenced before the date of the enactment of this Act [Nov. 19, 2001], except as provided in paragraphs (2) and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.\n\n“(2) Suits by or against faa.—Any suit by or against the Federal Aviation Administration begun before the date of the enactment of this Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Transportation Security Administration (to the extent the suit involves functions transferred to the Transportation Security Administration under this Act) substituted for the Federal Aviation Administration.\n\n“(3) Remanded cases.—If the court in a suit described in paragraph (1) remands a case to the Transportation Security Administration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.\n\n\n“(e) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Federal Aviation Administration shall abate by reason of the enactment of this Act. No cause of action by or against the Federal Aviation Administration, or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act.\n\n“(f) Exercise of Authorities.—Except as otherwise provided by law, an officer or employee of the Transportation Security Administration may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act.\n\n“(g) Act Defined.—In this section, the term ‘Act’ includes the amendments made by this Act.”\n\n\n

\n\n\nTransfer of Functions\n

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

\n\nTransition Provisions

Pub. L. 107–71, title I, § 101(g), Nov. 19, 2001, 115 Stat. 603, provided that:\n“(1) Schedule for assumption of civil aviation security functions.—Not later than 3 months after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security shall assume civil aviation security functions and responsibilities under chapter 449 of title 49, United States Code, as amended by this Act, in accordance with a schedule to be developed by the Secretary of Transportation, in consultation with air carriers, foreign air carriers, and the Administrator of the Federal Aviation Administration. The Under Secretary shall publish an appropriate notice of the transfer of such security functions and responsibilities before assuming the functions and responsibilities.\n\n“(2) Assumption of contracts.—As of the date specified in paragraph (1), the Under Secretary may assume the rights and responsibilities of an air carrier or foreign air carrier contract for provision of passenger screening services at airports in the United States described in section 44903(c), subject to payment of adequate compensation to parties to the contract, if any.\n\n“(3) Assignment of contracts.—“(A) In general.—Upon request of the Under Secretary, an air carrier or foreign air carrier carrying out a screening or security function under chapter 449 of title 49, United States Code, may enter into an agreement with the Under Secretary to transfer any contract the carrier has entered into with respect to carrying out the function, before the Under Secretary assumes responsibility for the function.\n\n“(B) Schedule.—The Under Secretary may enter into an agreement under subparagraph (A) as soon as possible, but not later than 90 days after the date of enactment of this Act [Nov. 19, 2001]. The Under Secretary may enter into such an agreement for one 180-day period and may extend such agreement for one 90-day period if the Under Secretary determines it necessary.\n\n\n“(4) Transfer of ownership.—In recognition of the assumption of the financial costs of security screening of passengers and property at airports, and as soon as practical after the date of enactment of this Act [Nov. 19, 2001], air carriers may enter into agreements with the Under Secretary to transfer the ownership, at no cost to the United States Government, of any personal property, equipment, supplies, or other material associated with such screening, regardless of the source of funds used to acquire the property, that the Secretary determines to be useful for the performance of security screening of passengers and property at airports.\n\n“(5) Performance of under secretary’s functions during interim period.—Until the Under Secretary takes office, the functions of the Under Secretary that relate to aviation security may be carried out by the Secretary or the Secretary’s designee.”\n\n\n

\n\nBottles and Breastfeeding Equipment Screening

Pub. L. 114–293, Dec. 16, 2016, 130 Stat. 1503, provided that:\n

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Bottles and Breastfeeding Equipment Screening Act’.

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“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\n\n“(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.”\n\n
\n\n

\n\nAviation Security

Pub. L. 114–190, title III, §§ 3001–3506, July 15, 2016, 130 Stat. 649–664, provided that:\n

“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’.

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“SEC. 3002. DEFINITIONS.“In this title:“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Transportation Security Administration.\n\n“(2) Department.—The term ‘Department’ means the Department of Homeland Security.\n\n“(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).\n\n“(4) TSA.—The term ‘TSA’ means the Transportation Security Administration.\n\n
\n“Subtitle A—TSA PreCheck Expansion
“SEC. 3101. PRECHECK PROGRAM AUTHORIZATION.

“The Administrator shall continue to administer the PreCheck Program.

\n\n
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“SEC. 3102. PRECHECK PROGRAM ENROLLMENT EXPANSION.“(a) In General.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], the Administrator shall publish PreCheck Program enrollment standards that add multiple private sector application capabilities for the PreCheck Program to increase the public’s enrollment access to the program, including standards that allow the use of secure technologies, including online enrollment, kiosks, tablets, or staffed laptop stations at which individuals can apply for entry into the program.\n\n“(b) Requirements.—Upon publication of the PreCheck Program enrollment standards under subsection (a), the Administrator shall—“(1) coordinate with interested parties—“(A) to deploy TSA-approved ready-to-market private sector solutions that meet the PreCheck Program enrollment standards under such subsection;\n\n“(B) to make available additional PreCheck Program enrollment capabilities; and\n\n“(C) to offer secure online and mobile enrollment opportunities;\n\n\n“(2) partner with the private sector to collect biographic and biometric identification information via kiosks, mobile devices, or other mobile enrollment platforms to increase enrollment flexibility and minimize the amount of travel to enrollment centers for applicants;\n\n“(3) ensure that any information, including biographic information, is collected in a manner that—“(A) is comparable with the appropriate and applicable standards developed by the National Institute of Standards and Technology; and\n\n“(B) protects privacy and data security, including that any personally identifiable information is collected, retained, used, and shared in a manner consistent with section 552a of title 5, United States Code (commonly known as ‘Privacy Act of 1974’), and with agency regulations;\n\n\n“(4) ensure that the enrollment process is streamlined and flexible to allow an individual to provide additional information to complete enrollment and verify identity;\n\n“(5) ensure that any enrollment expansion using a private sector risk assessment instead of a fingerprint-based criminal history records check is evaluated and certified by the Secretary of Homeland Security, and verified by the Government Accountability Office or a federally funded research and development center after award to be equivalent to a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to the effectiveness of identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and\n\n“(6) ensure that the Secretary has certified that reasonable procedures are in place with regard to the accuracy, relevancy, and proper utilization of information employed in private sector risk assessments.\n\n\n“(c) Marketing of PreCheck Program.—Upon publication of PreCheck Program enrollment standards under subsection (a), the Administrator shall—“(1) in accordance with such standards, develop and implement—“(A) a continual process, including an associated timeframe, for approving private sector marketing of the PreCheck Program; and\n\n“(B) a long-term strategy for partnering with the private sector to encourage enrollment in such program;\n\n\n“(2) submit to Congress, at the end of each fiscal year, a report on any PreCheck Program application fees collected in excess of the costs of administering the program, including to assess the feasibility of the program, for such fiscal year, and recommendations for using such fees to support marketing of the program.\n\n\n“(d) Identity Verification Enhancement.—Not later than 120 days after the date of enactment of this Act, the Administrator shall—“(1) coordinate with the heads of appropriate components of the Department to leverage Department-held data and technologies to verify the citizenship of individuals enrolling in the PreCheck Program;\n\n“(2) partner with the private sector to use biometrics and authentication standards, such as relevant standards developed by the National Institute of Standards and Technology, to facilitate enrollment in the program; and\n\n“(3) consider leveraging the existing resources and abilities of airports to conduct fingerprint and background checks to expedite identity verification.\n\n\n“(e) PreCheck Program Lanes Operation.—The Administrator shall—“(1) ensure that PreCheck Program screening lanes are open and available during peak and high-volume travel times at appropriate airports to individuals enrolled in the PreCheck Program; and\n\n“(2) make every practicable effort to provide expedited screening at standard screening lanes during times when PreCheck Program screening lanes are closed to individuals enrolled in the program in order to maintain operational efficiency.\n\n\n“(f) Vetting for PreCheck Program Participants.—Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate an assessment to identify any security vulnerabilities in the vetting process for the PreCheck Program, including determining whether subjecting PreCheck Program participants to recurrent fingerprint-based criminal history records checks, in addition to recurrent checks against the terrorist watchlist, could be done in a cost-effective manner to strengthen the security of the PreCheck Program.\n\n
\n“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.\n\n“(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.\n\n“(2) The intelligence and threat mitigation capabilities of the country in which such airport is located.\n\n“(3) The number of known or suspected terrorists annually transiting through such airport.\n\n“(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.\n\n“(5) The passenger security screening practices, capabilities, and capacity of such airport.\n\n“(6) The security vetting undergone by aviation workers at such airport.\n\n“(7) The access controls utilized by such airport to limit to authorized personnel access to secure and sterile areas of such airports.\n\n\n
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“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\n\n“(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.\n\n\n“(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.\n\n
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“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.

\n\n
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“SEC. 3204. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED STATES.“(a) In General.—The Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a specific vulnerability to the security of the United States or United States citizens.\n\n“(b) Report.—Not later than 30 days before any donation of security screening equipment pursuant to subsection (a), the Administrator shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a detailed written explanation of the following:“(1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation.\n\n“(2) An explanation as to why the recipient of such donation is unable or unwilling to purchase security screening equipment to mitigate such vulnerability.\n\n“(3) An evacuation plan for sensitive technologies in case of emergency or instability in the country to which such donation is being made.\n\n“(4) How the Administrator will ensure the security screening equipment that is being donated is used and maintained over the course of its life by the recipient.\n\n“(5) The total dollar value of such donation.\n\n\n
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“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.\n\n“(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.\n\n“(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.\n\n\n“(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.\n\n“(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.\n\n\n“(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.\n\n
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“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.\n\n“(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;\n\n“(2) incident response;\n\n“(3) use of canines;\n\n“(4) mitigation of insider threats;\n\n“(5) perimeter security;\n\n“(6) operation and maintenance of security screening technology; and\n\n“(7) recurrent related training and exercises.\n\n\n
\n“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.

\n\n
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“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.\n\n“(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.\n\n“(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.\n\n“(d) Transparency.—The Administrator shall share with aviation security stakeholders the staffing allocation model described in subsection (a), as appropriate.\n\n“(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.\n\n“(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.\n\n
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“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.\n\n“(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.\n\n
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“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.\n\n“(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.\n\n“(3) Disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices.\n\n“(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.\n\n\n“(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\n\n“(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.\n\n\n“(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\n\n“(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.\n\n\n
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“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.

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“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.

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\n“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;\n\n“(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and\n\n“(C) the Committee on Commerce, Science, and Transportation of the Senate.\n\n\n“(2) ASAC.—The term ‘ASAC’ means the Aviation Security Advisory Committee established under section 44946 of title 49, United States Code.\n\n“(3) Secretary.—The term ‘Secretary’ means the Secretary of Homeland Security.\n\n“(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.\n\n
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“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.\n\n“(2) Considerations.—In conducting or updating the assessment under paragraph (1), the Administrator shall consider—“(A) domestic intelligence;\n\n“(B) international intelligence;\n\n“(C) the vulnerabilities associated with unescorted access authority granted to domestic airport operators and air carriers, and their workers;\n\n“(D) the vulnerabilities associated with unescorted access authority granted to foreign airport operators and air carriers, and their workers;\n\n“(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;\n\n“(F) the recent security breaches at domestic and foreign airports; and\n\n“(G) the recent security improvements at domestic airports, including the implementation of recommendations made by relevant advisory committees, including the ASAC.\n\n\n\n“(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;\n\n“(2) a report on the implementation status of any recommendations made by the ASAC; and\n\n“(3) regular updates about the insider threat environment as new information becomes available or as needed.\n\n\n
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“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.\n\n“(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;\n\n“(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;\n\n“(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;\n\n“(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;\n\n“(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\n\n“(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.\n\n\n\n“(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.\n\n“(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\n\n“(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.\n\n\n
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“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.\n\n“(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\n\n“(B) make available to airport operators and air carriers information on identifying suspicious or fraudulent identification materials.\n\n\n“(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.\n\n\n
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“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.\n\n“(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.\n\n“(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\n\n“(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\n\n“(ii) the elements of the appeals and waiver process established under section 70105(c) of title 46, United States Code.\n\n\n\n“(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.\n\n“(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\n\n“(B) the individual has certified to the airport or aircraft operator that the individual understands the requirements for possessing a SIDA badge.\n\n\n“(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.\n\n“(7) Rule of construction.—Nothing in this subsection may be construed to affect existing aviation worker vetting fees imposed by the TSA.\n\n\n“(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.\n\n“(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\n\n“(B) any information received by the Administration through the Rap Back service is provided directly and immediately to the relevant airport and aircraft operators.\n\n\n“(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.\n\n\n“(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.\n\n“(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.\n\n
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“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.\n\n“(b) Considerations.—In developing the performance metrics under subsection (a), the Administrator may consider—“(1) adherence to access point procedures;\n\n“(2) proper use of credentials;\n\n“(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;\n\n“(4) differences in access point characteristics and requirements at airports; and\n\n“(5) any additional factors the Administrator considers necessary to measure performance.\n\n\n
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“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;\n\n“(2) ensure integrity, accountability, and control;\n\n“(3) subject airport workers to random physical security inspections conducted by TSA representatives in accordance with this section;\n\n“(4) appropriately manage the number of SIDA access points to improve supervision of and reduce unauthorized access to SIDAs; and\n\n“(5) include validation of identification materials, such as with biometrics.\n\n\n“(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;\n\n“(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\n\n“(3) verify whether such airport workers are following appropriate procedures to access any SIDA of an airport.\n\n\n“(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;\n\n“(B) comprehensive perimeter screening, including vehicles;\n\n“(C) enhanced fencing or perimeter sensors; and\n\n“(D) any additional airport worker screening or perimeter security measures the Administrator identifies.\n\n\n“(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\n\n“(B) disseminate to airport operators the best practices identified under subparagraph (A).\n\n\n“(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).\n\n\n
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“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.\n\n“(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.\n\n“(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).\n\n“(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).\n\n\n
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“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;\n\n“(2) determine whether such security directives should be streamlined or consolidated to most efficiently maximize risk reduction; and\n\n“(3) update, consolidate, or revoke any security directive as necessary.\n\n\n“(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\n\n“(2) when it is anticipated that each such security directive will expire.\n\n\n
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“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\n\n“(2) report to the appropriate congressional committees on the results of the assessment under paragraph (1), including any recommendations.\n\n
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“SEC. 3411. MISCELLANEOUS AMENDMENTS.“(a) ASAC Terms of Office.—[Amended section 44946 of this title.]\n\n“(b) Feedback.—[Amended section 44946 of this title.]\n\n
\n“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.\n\n“(b) Considerations.—In making recommendations to improve existing passenger screening processes, the Aviation Security Advisory Committee shall consider—“(1) the configuration of a checkpoint;\n\n“(2) technology innovation;\n\n“(3) ways to address any vulnerabilities identified in audits of checkpoint operations;\n\n“(4) ways to prevent security breaches at airports at which Federal security screening is provided;\n\n“(5) best practices in aviation security;\n\n“(6) recommendations from airports and aircraft operators, and any relevant advisory committees; and\n\n“(7) ‘curb to curb’ processes and procedures.\n\n\n“(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.\n\n
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“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.\n\n“(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\n\n“(2) give priority to an airport that—“(A) submits a proposal that seeks Federal funding for reconfiguration of such airport’s security systems;\n\n“(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and\n\n“(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.\n\n\n\n
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“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.\n\n“(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;\n\n“(2) consider detection capabilities; and\n\n“(3) give priority to an airport that—“(A) submits a proposal that seeks Federal funding to test prototypes for new airport security systems;\n\n“(B) has the space needed to reduce vulnerabilities and reconfigure existing security systems; and\n\n“(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.\n\n\n\n
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“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.

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“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\n\n“(2) amounts obtained as reimbursements from airports under such pilot programs.\n\n
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“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.”

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\n\nProtection of Passenger Planes From Explosives

Pub. L. 110–53, title XVI, § 1610, Aug. 3, 2007, 121 Stat. 484, provided that:\n“(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.\n\n“(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\n\n“(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.\n\n\n\n“(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.”\n\n\n

\n\nStandards 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.”\n

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Similar provisions were contained in the following prior appropriation act:

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

\n\nUse 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.”\n

\n\nIn-Line Checked Baggage Screening

Pub. L. 108–458, title IV, § 4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that:\n“(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.\n\n“(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.”\n\n\n

\n\nChecked Baggage Screening Area Monitoring

Pub. L. 108–458, title IV, § 4020, Dec. 17, 2004, 118 Stat. 3722, provided that:\n“(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.\n\n“(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.”\n\n\n

\n\nPilot 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.

\n\nAir Cargo Security

Pub. L. 108–458, title IV, § 4052, Dec. 17, 2004, 118 Stat. 3728, provided that:\n“(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.\n\n“(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;\n\n“(2) $200,000,000 for fiscal year 2006; and\n\n“(3) $200,000,000 for fiscal year 2007.\n\n\nSuch sums shall remain available until expended.\n\n“(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;\n\n“(2) $100,000,000 for fiscal year 2006; and\n\n“(3) $100,000,000 for fiscal year 2007.\n\n\nSuch sums shall remain available until expended.\n\n“(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).\n\n“(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.”\n\n\n\n

\n\nIdentification Standards

Pub. L. 108–458, title VII, § 7220, Dec. 17, 2004, 118 Stat. 3835, provided that:\n“(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\n\n“(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed and transmitted to Congress and approved under this section.\n\n\n“(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.\n\n“(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.\n\n\n“(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\n\n“(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.\n\n\n“(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.\n\n“(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\n\n“(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.\n\n\n“(4) Prohibitions.—“(A) Amendments.—No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate.\n\n“(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.\n\n\n“(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.\n\n“(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.\n\n“(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.\n\n\n“(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.\n\n“(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.\n\n“(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.\n\n“(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.\n\n“(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.\n\n“(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.\n\n\n“(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.\n\n“(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.\n\n“(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.\n\n“(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.\n\n\n\n“(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;\n\n“(B) domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes;\n\n“(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\n\n“(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\n\n\n“(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;\n\n“(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency.\n\n\n\n“(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\n\n“(2) appropriate minimum identification standards to gain access to those facilities.”\n\n\n\n

\n\nDeadline for Deployment of Federal Screeners

Pub. L. 107–71, title I, § 110(c), Nov. 19, 2001, 115 Stat. 616, provided that:\n“(1) In general.—Not later than 1 year after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security shall deploy at all airports in the United States where screening is required under section 44901 of title 49, United States Code, 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 section 44901 of such title at such airports.\n\n“(2) Certification to congress.—Not later than 1 year after the date of enactment of this Act, the Under Secretary shall transmit to Congress a certification that the requirement of paragraph (1) has been met.”\n\n\n

\n\nReports

Pub. L. 107–71, title I, § 110(d), Nov. 19, 2001, 115 Stat. 616, provided that:\n“(1) Deployment.—Within 6 months after the date of enactment of this Act [Nov. 19, 2001], the Under Secretary of Transportation for Security 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;\n\n“(B) the dates of installation of each system; and\n\n“(C) the date on which each system installed is operational.\n\n\n“(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 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.”\n\n\n

\n\nInstallation 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.”\n

\n\nPassenger Profiling

Pub. L. 104–264, title III, § 307, Oct. 9, 1996, 110 Stat. 3253, provided that: “The Administrator of the Federal Aviation Administration, the Secretary of Transportation, the intelligence community, and the law enforcement community should continue to assist air carriers in developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs which should be used in conjunction with other security measures and technologies.”\n

\n\nAuthority 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.

\n\nInstallation 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”.\n

\n\nResearch and Development of Improved Airport Security Systems

Pub. L. 100–649, § 2(d), Nov. 10, 1988, 102 Stat. 3817, provided that: “The Administrator of the Federal Aviation Administration shall conduct such research and development as may be necessary to improve the effectiveness of airport security metal detectors and airport security x-ray systems in detecting firearms that, during the 10-year period beginning on the effective date of this Act [see Effective Date of 1988 Amendment; Sunset Provision note set out under section 922 of Title 18, Crimes and Criminal Procedure], are subject to the prohibitions of section 922(p) of title 18, United States Code.”\n

\n\n\nDefinitions of Terms in Title IV of Pub. L. 108–458\n

Pub. L. 108–458, title IV, § 4081, Dec. 17, 2004, 118 Stat. 3731, provided that: \n“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:\n“(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.\n\n“(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.\n\n“(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).”\n\n\n

\n\n\nDefinitions of Terms in Pub. L. 107–71\n

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.

\n\n\n
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