Air transportation security
Definition.—
In this section, “law enforcement personnel” means individuals—
authorized to carry and use firearms;
vested with the degree of the police power of arrest the Under Secretary of Transportation for Security considers necessary to carry out this section; and
identifiable by appropriate indicia of authority.
Protection Against Violence and Piracy.—
The Under Secretary shall prescribe regulations to protect passengers and property on an aircraft operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy. When prescribing a regulation under this subsection, the Under Secretary shall—
consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities;
consider whether a proposed regulation is consistent with—
protecting passengers; and
the public interest in promoting air transportation and intrastate air transportation;
to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure—
their safety; and
courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and
consider the extent to which a proposed regulation will carry out this section.
Security Programs.—
The Under Secretary shall prescribe regulations under subsection (b) of this section that require each operator of an airport regularly serving an air carrier holding a certificate issued by the Secretary of Transportation to establish an air transportation security program that provides a law enforcement presence and capability at each of those airports that is adequate to ensure the safety of passengers. The regulations shall authorize the operator to use the services of qualified State, local, and private law enforcement personnel. When the Under Secretary decides, after being notified by an operator in the form the Under Secretary prescribes, that not enough qualified State, local, and private law enforcement personnel are available to carry out subsection (b), the Under Secretary may authorize the operator to use, on a reimbursable basis, personnel employed by the Under Secretary, or by another department, agency, or instrumentality of the Government with the consent of the head of the department, agency, or instrumentality, to supplement State, local, and private law enforcement personnel. When deciding whether additional personnel are needed, the Under Secretary shall consider the number of passengers boarded at the airport, the extent of anticipated risk of criminal violence or aircraft piracy at the airport or to the air carrier aircraft operations at the airport, and the availability of qualified State or local law enforcement personnel at the airport.
The Under Secretary may approve a security program of an airport operator, or an amendment in an existing program, that incorporates a security program of an airport tenant (except an air carrier separately complying with part 108 or 129 of title 14, Code of Federal Regulations) having access to a secured area of the airport, if the program or amendment incorporates—
the measures the tenant will use, within the tenant’s leased areas or areas designated for the tenant’s exclusive use under an agreement with the airport operator, to carry out the security requirements imposed by the Under Secretary on the airport operator under the access control system requirements of section 107.14 of title 14, Code of Federal Regulations, or under other requirements of part 107 of title 14; and
the methods the airport operator will use to monitor and audit the tenant’s compliance with the security requirements and provides that the tenant will be required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator.
If the Under Secretary approves a program or amendment described in subparagraph (A) of this paragraph, the airport operator may not be found to be in violation of a requirement of this subsection or subsection (b) of this section when the airport operator demonstrates that the tenant or an employee, permittee, or invitee of the tenant is responsible for the violation and that the airport operator has complied with all measures in its security program for securing compliance with its security program by the tenant.
Maximum use of chemical and biological weapon detection equipment.—
The Secretary of Transportation may require airports to maximize the use of technology and equipment that is designed to detect or neutralize potential chemical or biological weapons.
Pilot programs.—
The Administrator shall establish pilot programs in no fewer than 20 airports to test and evaluate new and emerging technology for providing access control and other security protections for closed or secure areas of the airports. Such technology may include biometric or other technology that ensures only authorized access to secure areas.
Authorizing Individuals To Carry Firearms and Make Arrests.—
With the approval of the Attorney General and the Secretary of State, the Secretary of Transportation may authorize an individual who carries out air transportation security duties—
to carry firearms; and
to make arrests without warrant for an offense against the United States committed in the presence of the individual or for a felony under the laws of the United States, if the individual reasonably believes the individual to be arrested has committed or is committing a felony.
Exclusive Responsibility Over Passenger Safety.—
The Under Secretary has the exclusive responsibility to direct law enforcement activity related to the safety of passengers on an aircraft involved in an offense under section 46502 of this title from the moment all external doors of the aircraft are closed following boarding until those doors are opened to allow passengers to leave the aircraft. When requested by the Under Secretary, other departments, agencies, and instrumentalities of the Government shall provide assistance necessary to carry out this subsection.
Government and Industry Consortia.—
The Under Secretary may establish at airports such consortia of government and aviation industry representatives as the Under Secretary may designate to provide advice on matters related to aviation security and safety. Such consortia shall not be considered Federal advisory committees for purposes of the Federal Advisory Committee Act (5 U.S.C. App.).
Improvement of Secured-Area Access Control.—
Enforcement.—
Under Secretary to publish sanctions.—
The Under Secretary shall publish in the Federal Register a list of sanctions for use as guidelines in the discipline of employees for infractions of airport access control requirements. The guidelines shall incorporate a progressive disciplinary approach that relates proposed sanctions to the severity or recurring nature of the infraction and shall include measures such as remedial training, suspension from security-related duties, suspension from all duties without pay, and termination of employment.
Use of sanctions.—
Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the Under Secretary in its security program. The security program shall include a process for taking prompt disciplinary action against an employee who commits an infraction of airport access control requirements.
Improvements.—
The Under Secretary shall—
work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;
require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;
require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Under Secretary to measure employee compliance;
on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;
improve and better administer the Under Secretary’s security database to ensure its efficiency, reliability, and usefulness for identification of systemic problems and allocation of resources;
improve the execution of the Under Secretary’s quality control program; and
work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.
Improved Airport Perimeter Access Security.—
In general.—
The Under Secretary, in consultation with the airport operator and law enforcement authorities, may order the deployment of such personnel at any secure area of the airport as necessary to counter the risk of criminal violence, the risk of aircraft piracy at the airport, the risk to air carrier aircraft operations at the airport, or to meet national security concerns.
Security of aircraft and ground access to secure areas.—
In determining where to deploy such personnel, the Under Secretary shall consider the physical security needs of air traffic control facilities, parked aircraft, aircraft servicing equipment, aircraft supplies (including fuel), automobile parking facilities within airport perimeters or adjacent to secured facilities, and access and transition areas at airports served by other means of ground or water transportation.
Deployment of federal law enforcement personnel.—
The Secretary may enter into a memorandum of understanding or other agreement with the Attorney General or the head of any other appropriate Federal law enforcement agency to deploy Federal law enforcement personnel at an airport in order to meet aviation safety and security concerns.
Airport perimeter screening.—
The Under Secretary—
shall require, as soon as practicable after the date of enactment of this subsection, screening or inspection of all individuals, goods, property, vehicles, and other equipment before entry into a secured area of an airport in the United States described in section 44903(c);
shall prescribe specific requirements for such screening and inspection that will assure at least the same level of protection as will result from screening of passengers and their baggage;
shall establish procedures to ensure the safety and integrity of—
all persons providing services with respect to aircraft providing passenger air transportation or intrastate air transportation and facilities of such persons at an airport in the United States described in section 44903(c);
all supplies, including catering and passenger amenities, placed aboard such aircraft, including the sealing of supplies to ensure easy visual detection of tampering; and
all persons providing such supplies and facilities of such persons;
shall require vendors having direct access to the airfield and aircraft to develop security programs; and
shall issue, not later than
Use of biometric technology in airport access control systems.—
In issuing guidance under paragraph (4)(E), the Assistant Secretary of Homeland Security (Transportation Security Administration) in consultation with representatives of the aviation industry, the biometric identifier industry, and the National Institute of Standards and Technology, shall establish, at a minimum—
comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and secure;
a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
procedures for implementing biometric identifier systems—
to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and
to resolve failures to enroll, false matches, and false non-matches; and
best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.
Use of biometric technology for armed law enforcement travel.—
In general.—
Not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Attorney General, shall—
implement this section 1
establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed when traveling by commercial aircraft.
Program requirements.—
The program shall—
establish a credential or a system that incorporates biometric technology and other applicable technologies;
establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments;
comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and
establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer.
Procedures.—
In establishing the program, the Secretary shall develop procedures—
to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer;
to preserve the anonymity of the armed law enforcement officer;
to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;
to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft;
to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;
to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and
to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before expanding to other law enforcement populations.
Definitions.—
In this subsection, the following definitions apply:
Biometric identifier information.—
The term “biometric identifier information” means the distinct physical or behavioral characteristics of an individual that are used for unique identification, or verification of the identity, of an individual.
Biometric identifier.—
The term “biometric identifier” means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information.
Failure to enroll.—
The term “failure to enroll” means the inability of an individual to enroll in a biometric identifier system due to an insufficiently distinctive biometric sample, the lack of a body part necessary to provide the biometric sample, a system design that makes it difficult to provide consistent biometric identifier information, or other factors.
False match.—
The term “false match” means the incorrect matching of one individual’s biometric identifier information to another individual’s biometric identifier information by a biometric identifier system.
False non-match.—
The term “false non-match” means the rejection of a valid identity by a biometric identifier system.
Secure area of an airport.—
The term “secure area of an airport” means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
Authority to Arm Flight Deck Crew With Less-Than-Lethal Weapons.—
In general.—
If the Under Secretary, after receiving the recommendations of the National Institute of Justice, determines, with the approval of the Attorney General and the Secretary of State, that it is appropriate and necessary and would effectively serve the public interest in avoiding air piracy, the Under Secretary may authorize members of the flight deck crew on any aircraft providing air transportation or intrastate air transportation to carry a less-than-lethal weapon while the aircraft is engaged in providing such transportation.
Usage.—
If the Under Secretary grants authority under paragraph (1) for flight deck crew members to carry a less-than-lethal weapon while engaged in providing air transportation or intrastate air transportation, the Under Secretary shall—
prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and
prescribe guidelines setting forth the circumstances under which such weapons may be used.
Request of air carriers to use less-than-lethal weapons.—
If, after the date of enactment of this paragraph, the Under Secretary receives a request from an air carrier for authorization to allow pilots of the air carrier to carry less-than-lethal weapons, the Under Secretary shall respond to that request within 90 days.
Short-Term Assessment and Deployment of Emerging Security Technologies and Procedures.—
In general.—
The Under Secretary of Transportation for Security shall recommend to airport operators, within 6 months after the date of enactment of the Aviation and Transportation Security Act, commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons. As part of the 6-month assessment, the Under Secretary for Transportation Security shall—
review the effectiveness of biometrics systems currently in use at several United States airports, including San Francisco International;
review the effectiveness of increased surveillance at access points;
review the effectiveness of card- or keypad-based access systems;
review the effectiveness of airport emergency exit systems and determine whether those that lead to secure areas of the airport should be monitored or how breaches can be swiftly responded to; and
specifically target the elimination of the “piggy-backing” phenomenon, where another person follows an authorized person through the access point.
The 6-month assessment shall include a 12-month deployment strategy for currently available technology at all category X airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code of Federal Regulations. Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a review of reductions in unauthorized access at these airports.
Computer-assisted passenger prescreening system.—
In general.—
The Secretary of Transportation shall ensure that the Computer-Assisted Passenger Prescreening System, or any successor system—
is used to evaluate all passengers before they board an aircraft; and
includes procedures to ensure that individuals selected by the system and their carry-on and checked baggage are adequately screened.
Modifications.—
The Secretary of Transportation may modify any requirement under the Computer-Assisted Passenger Prescreening System for flights that originate and terminate within the same State, if the Secretary determines that—
the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and
the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status.
Advanced airline passenger prescreening.—
Commencement of testing.—
Not later than
Assumption of function.—
Not later than 180 days after completion of testing under clause (i), the Assistant Secretary, or the designee of the Assistant Secretary, shall begin to assume the performance of the passenger prescreening function of comparing passenger information to the automatic selectee and no fly lists and utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function.
Requirements.—
In assuming performance of the function under clause (ii), the Assistant Secretary shall—
establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;
ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;
establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
establish sufficient operational safeguards to reduce the opportunities for abuse;
implement substantial security measures to protect the system from unauthorized access;
adopt policies establishing effective oversight of the use and operation of the system; and
ensure that there are no specific privacy concerns with the technological architecture of the system.
Passenger information.—
Not later than 180 days after the completion of the testing of the advanced passenger prescreening system, the Assistant Secretary, by order or interim final rule—
shall require air carriers to supply to the Assistant Secretary the passenger information needed to begin implementing the advanced passenger prescreening system; and
shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I).
Inclusion of detainees on no fly list.—
The Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly List any individual who was a detainee held at the Naval Station, Guantanamo Bay, Cuba, unless the President certifies in writing to Congress that the detainee poses no threat to the United States, its citizens, or its allies. For purposes of this clause, the term “detainee” means an individual in the custody or under the physical control of the United States as a result of armed conflict.
Screening of employees against watchlist.—
The Assistant Secretary of Homeland Security (Transportation Security Administration), in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall ensure that individuals are screened against all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government before—
being certificated by the Federal Aviation Administration;
being granted unescorted access to the secure area of an airport; or
being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.
Aircraft charter customer and lessee prescreening.—
In general.—
Not later than 90 days after the date on which the Assistant Secretary assumes the performance of the advanced passenger prescreening function under subparagraph (C)(ii), the Assistant Secretary shall establish a process by which operators of aircraft to be used in charter air transportation with a maximum takeoff weight greater than 12,500 pounds and lessors of aircraft with a maximum takeoff weight greater than 12,500 pounds may—
request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and
refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list.
Requirements.—
The requirements of subparagraph (C)(iii) shall apply to this subparagraph.
No fly and automatic selectee lists.—
The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall design and review, as necessary, guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in the no fly and automatic selectee lists.
Applicability.—
Section 607 of the Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117 Stat. 2568) shall not apply to the advanced passenger prescreening system established under subparagraph (C).
Appeal procedures.—
In general.—
The Assistant Secretary shall establish a timely and fair process for individuals identified as a threat under one or more of subparagraphs (C), (D), and (E) to appeal to the Transportation Security Administration the determination and correct any erroneous information.
Records.—
The process shall include the establishment of a method by which the Assistant Secretary will be able to maintain a record of air passengers and other individuals who have been misidentified and have corrected erroneous information. To prevent repeated delays of misidentified passengers and other individuals, the Transportation Security Administration record shall contain information determined by the Assistant Secretary to authenticate the identity of such a passenger or individual.
Definition.—
In this paragraph, the term “secure area of an airport” means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section).
Limitation on Liability for Acts To Thwart Criminal Violence or Aircraft Piracy.—
An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was occurring or was about to occur.
Air Charter Program.—
In general.—
The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall implement an aviation security program for charter air carriers (as defined in section 40102(a)) with a maximum certificated takeoff weight of more than 12,500 pounds.
Exemption for armed forces charters.—
In general.—
Paragraph (1) and the other requirements of this chapter do not apply to passengers and property carried by aircraft when employed to provide charter transportation to members of the armed forces.
Security procedures.—
The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Transportation, shall establish security procedures relating to the operation of aircraft when employed to provide charter transportation to members of the armed forces to or from an airport described in section 44903(c).
Armed forces defined.—
In this paragraph, the term “armed forces” has the meaning given that term by section 101(a)(4) of title 10.
Security Screening for Members of the Armed Forces.—
In general.—
The Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with the Department of Defense, shall develop and implement a plan to provide expedited security screening services for a member of the armed forces, and, to the extent possible, any accompanying family member, if the member of the armed forces, while in uniform, presents documentation indicating official orders for air transportation departing from a primary airport (as defined in section 47102).
Protocols.—
In developing the plan, the Assistant Secretary shall consider—
leveraging existing security screening models used to reduce passenger wait times;
establishing standard guidelines for the screening of military uniform items, including combat boots; and
incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act (49 U.S.C. 114 note), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation.
Rule of construction.—
Nothing in this subsection shall affect the authority of the Assistant Secretary to require additional screening of a member of the armed forces if intelligence or law enforcement information indicates that additional screening is necessary.
Report to congress.—
The Assistant Secretary shall submit to the appropriate committees of Congress a report on the implementation of the plan.
Passenger Exit Points From Sterile Area.—
In general.—
The Secretary of Homeland Security shall ensure that the Transportation Security Administration is responsible for monitoring passenger exit points from the sterile area of airports at which the Transportation Security Administration provided such monitoring as of
Sterile area defined.—
In this section, the term “sterile area” has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar regulation or ruling).
Source
(Pub. L. 103–272, § 1(e),Notes
|
Historical and Revision Notes |
||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
44903(a) | 49 App.:1357(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 316(a), (b), (e)(2), (3), (f); added Aug. 5, 1974, Pub. L. 93–366, § 202, 88 Stat. 415, 417. |
44903(b) | 49 App.:1357(a). | |
44903(c)(1) | 49 App.:1357(b). | |
44903(c)(2) | 49 App.:1357(g). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 316(g); added Aug. 15, 1990, Pub. L. 101–370, § 2, 104 Stat. 451. |
44903(d) | 49 App.:1356b. | Aug. 8, 1985, Pub. L. 99–83, § 553(b), 99 Stat. 226. |
44903(e) | 49 App.:1357(e)(2), (3). |
References in Text
Amendments
Effective Date of 2012 Amendment
Effective Date of 2003 Amendment
Effective Date of 2002 Amendment
Effective Date of 2000 Amendments
Transfer of Functions
Aviation Cybersecurity
Comprehensive and Strategic Aviation Framework.—
In general.—
Not later than 240 days after the date of enactment of this Act [
Scope.—
In carrying out paragraph (1), the Administrator shall—
identify and address the cybersecurity risks associated with—
the modernization of the national airspace system;
the automation of aircraft, equipment, and technology; and
aircraft systems, including by—
directing the Aircraft Systems Information Security Protection Working Group—
to assess cybersecurity risks to aircraft systems;
to review the extent to which existing rulemaking, policy, and guidance to promote safety also promote aircraft systems information security protection; and
to provide appropriate recommendations to the Administrator if separate or additional rulemaking, policy, or guidance is needed to address cybersecurity risks to aircraft systems; and
identifying and addressing—
cybersecurity risks associated with in-flight entertainment systems; and
whether in-flight entertainment systems can and should be isolated and separate, such as through an air gap, under existing rulemaking, policy, and guidance;
clarify cybersecurity roles and responsibilities of offices and employees of the Federal Aviation Administration, as the roles and responsibilities relate to cybersecurity at the Federal Aviation Administration;
identify and implement objectives and actions to reduce cybersecurity risks to air traffic control information systems, including actions to improve implementation of information security standards, such as those of the National Institute of Standards and Technology;
support voluntary efforts by industry, RTCA, Inc., and other standards-setting organizations to develop and identify consensus standards and best practices relating to guidance on aviation systems information security protection, consistent, to the extent appropriate, with the cybersecurity risk management activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e));
establish guidelines for the voluntary exchange of information between and among aviation stakeholders pertaining to aviation-related cybersecurity incidents, threats, and vulnerabilities;
identify short- and long-term objectives and actions that can be taken in response to cybersecurity risks to the national airspace system; and
identify research and development activities to inform actions in response to cybersecurity risks.
Implementation requirements.—
In carrying out the activities under this subsection, the Administrator shall—
coordinate with aviation stakeholders, including, at a minimum, representatives of industry, airlines, manufacturers, airports, RTCA, Inc., and unions;
consult with the heads of relevant agencies and with international regulatory authorities;
if determined appropriate, convene an expert panel or working group to identify and address cybersecurity risks; and
evaluate, on a periodic basis, the effectiveness of the principles established under this subsection.
Update on Cybersecurity Implementation Progress.—
Not later than 90 days after the date of enactment of this Act [
Cybersecurity Threat Model.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Director of the National Institute of Standards and Technology, shall implement the open recommendation issued in 2015 by the Government Accountability Office to assess and research the potential cost and timetable of developing and maintaining an agencywide threat model, which shall be updated regularly, to strengthen the cybersecurity of agency systems across the Federal Aviation Administration. The Administrator shall brief the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status, results, and composition of the threat model.
National Institute of Standards and Technology Information Security Standards.—
Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, after consultation with the Director of the National Institute of Standards and Technology, shall transmit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology’s latest revisions to information security guidance for Federal Aviation Administration information and Federal Aviation Administration information systems within set timeframes; and
an explanation of why any such revisions are not incorporated in the plan or are not incorporated within set timeframes.
Cybersecurity Research and Development.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other agencies as appropriate, shall establish a cybersecurity research and development plan for the national airspace system, including—
any proposal for research and development cooperation with international partners;
an evaluation and determination of research and development needs to determine any cybersecurity risks of cabin communications and cabin information technology systems on board in the passenger domain; and
objectives, proposed tasks, milestones, and a 5-year budgetary profile.”
Airport Security
SHORT TITLE.
DEFINITIONS.
“In this Act:
Assistant secretary.—
The term ‘Assistant Secretary’ means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security.
Administration.—
The term ‘Administration’ means the Transportation Security Administration.
SECURITY INCIDENT RESPONSE AT AIRPORTS.
In General.—
The Assistant Secretary shall, in consultation with other Federal agencies as appropriate, conduct outreach to all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints.
Types of Plans.—
Such plans may include, but may not be limited to, the following:
A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities.
A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response.
A schedule for regular testing of communications equipment used to receive emergency calls.
An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner.
A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport.
To the extent practicable, a projected maximum timeframe for law enforcement response to active shooters, acts of terrorism, and incidents that target passenger security-screening checkpoints.
A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel.
A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities.
A strategy, where feasible, for providing airport law enforcement with access to airport security video surveillance systems at category X airports where those systems were purchased and installed using Administration funds.
Report to Congress.—
Not later than 180 days after the date of the enactment of this Act [
DISSEMINATING INFORMATION ON BEST PRACTICES.
“The Assistant Secretary shall—
identify best practices that exist across airports for security incident planning, management, and training; and
establish a mechanism through which to share such best practices with other airport operators nationwide.
CERTIFICATION.
REIMBURSABLE AGREEMENTS.
SECURITY INCIDENT RESPONSE FOR SURFACE TRANSPORTATION SYSTEMS.
In General.—
The Assistant Secretary shall, in consultation with the Secretary of Transportation, and other relevant agencies, conduct outreach to all passenger transportation agencies and providers with high-risk facilities, as identified by the Assistant Secretary, to verify such agencies and providers have in place plans to respond to active shooters, acts of terrorism, or other security-related incidents that target passengers.
Types of Plans.—
As applicable, such plans may include, but may not be limited to, the following:
A strategy for evacuating and providing care to individuals, with consideration given to the needs of persons with disabilities.
A plan for establishing a unified command.
A plan for frontline employees to receive active shooter training.
A schedule for regular testing of communications equipment used to receive emergency calls.
An evaluation of how emergency calls placed by individuals using the transportation system will reach police in an expeditious manner.
A practiced method and plan to communicate with individuals using the transportation system.
Report to Congress.—
Not later than 180 days after the date of enactment of this Act [
Dissemination of Best Practices.—
The Assistant Secretary shall identify best practices for security incident planning, management, and training and establish a mechanism through which to share such practices with passenger transportation agencies nationwide.
NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
INTEROPERABILITY REVIEW.
In General.—
Not later than 90 days after the date of enactment of this Act [
Report.—
Not later than 30 days after the completion of the review, the Assistant Secretary shall report the findings of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
Cabin Flight Crew Participation in Known Crewmember Pilot Program
Strategic Plan To Test and Implement Advanced Passenger Prescreening System
In General.—
Not later than 120 days after the date of enactment of this Act [
describes the system to be utilized by the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic selectee and no-fly lists, utilizing appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government;
provides a projected timeline for each phase of testing and implementation of the system;
explains how the system will be integrated with the prescreening system for passengers on international flights; and
describes how the system complies with section 552a of title 5, United States Code.
GAO Assessment.—
Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that—
describes the progress made by the Transportation Security Administration in implementing the secure flight passenger pre-screening program;
describes the effectiveness of the current appeals process for passengers wrongly assigned to the no-fly and terrorist watch lists;
describes the Transportation Security Administration’s plan to protect private passenger information and progress made in integrating the system with the pre-screening program for international flights operated by United States Customs and Border Protection;
provides a realistic determination of when the system will be completed; and
includes any other relevant observations or recommendations the Comptroller General deems appropriate.”
Pilot Project To Test Different Technologies at Airport Exit Lanes
In General.—
The Administrator of the Transportation Security Administration shall conduct a pilot program at not more than 2 airports to identify technologies to improve security at airport exit lanes.
Program Components.—
In conducting the pilot program under this section, the Administrator shall—
utilize different technologies that protect the integrity of the airport exit lanes from unauthorized entry;
work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the exits are not colocated with a screening checkpoint; and
ensure the level of security is at or above the level of existing security at the airport or airports where the pilot program is conducted.
Reports.—
Initial briefing.—
Not later than 180 days after the date of enactment of this Act [
the airport or airports selected to participate in the pilot program;
the technologies to be tested;
the potential savings from implementing the technologies at selected airport exits;
the types of configurations expected to be deployed at such airports; and
the expected financial contribution from each airport.
Final report.—
Not later than 18 months after the technologies are deployed at the airports participating in the pilot program, the Administrator shall submit a final report to the congressional committees set forth in paragraph (3) that describes—
the changes in security procedures and technologies deployed;
the estimated cost savings at the airport or airports that participated in the pilot program; and
the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United States.
Congressional committees.—
The reports required under this subsection shall be submitted to—
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Homeland Security of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Use of Existing Funds.—
This section shall be executed using existing funds.”
Security Credentials for Airline Crews
Report.—
Not later than 180 days after the date of enactment of this Act [
Beginning Implementation.—
The Administrator shall begin implementation of the system or method referred to in subsection (a) not later than 1 year after the date on which the Administrator submits the report under subsection (a).”
CAPPS2
In General.—
The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall not implement, on other than a test basis, the computer assisted passenger prescreening system (commonly known as and in this section referred to as ‘CAPPS2’) until the Under Secretary provides to Congress a certification that—
a procedure is established enabling airline passengers, who are delayed or prohibited from boarding a flight because CAPPS2 determined that they might pose a security threat, to appeal such determination and correct information contained in CAPPS2;
the error rate of the Government and private data bases that will be used to both establish identity and assign a risk level to a passenger under CAPPS2 will not produce a large number of false positives that will result in a significant number of passengers being mistaken as a security threat;
the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and has demonstrated that CAPPS2 can make an accurate predictive assessment of those passengers who would constitute a security threat;
the Secretary of Homeland Security has established an internal oversight board to oversee and monitor the manner in which CAPPS2 is being implemented;
the Under Secretary has built in sufficient operational safeguards to reduce the opportunities for abuse;
substantial security measures are in place to protect CAPPS2 from unauthorized access by hackers or other intruders;
the Under Secretary has adopted policies establishing effective oversight of the use and operation of the system; and
there are no specific privacy concerns with the technological architecture of the system.
GAO Report.—
Not later than 90 days after the date on which certification is provided under subsection (a), the Comptroller General shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate that assesses the impact of CAPPS2 on the issues listed in subsection (a) and on privacy and civil liberties. The report shall include any recommendations for practices, procedures, regulations, or legislation to eliminate or minimize adverse effect of CAPPS2 on privacy, discrimination, and other civil liberties.”
Reimbursement of Air Carriers for Certain Screening and Related Activities
the screening of catering supplies; and
checking documents at security checkpoints.”
Improved Flight Deck Integrity Measures
In General.—
As soon as possible after the date of enactment of this Act [
issue an order (without regard to the provisions of chapter 5 of title 5, United States Code)—
prohibiting access to the flight deck of aircraft engaged in passenger air transportation or intrastate air transportation that are required to have a door between the passenger and pilot compartments under title 14, Code of Federal Regulations, except to authorized persons;
requiring the strengthening of the flight deck door and locks on any such aircraft operating in air transportation or intrastate air transportation that has a rigid door in a bulkhead between the flight deck and the passenger area to ensure that the door cannot be forced open from the passenger compartment;
requiring that such flight deck doors remain locked while any such aircraft is in flight except when necessary to permit access and egress by authorized persons; and
prohibiting the possession of a key to any such flight deck door by any member of the flight crew who is not assigned to the flight deck; and
take such other action, including modification of safety and security procedures and flight deck redesign, as may be necessary to ensure the safety and security of the aircraft.
Implementation of Other Methods.—
As soon as possible after such date of enactment [
to use video monitors or other devices to alert pilots in the flight deck to activity in the cabin, except that the use of such monitors or devices shall be subject to nondisclosure requirements applicable to cockpit video recordings under section 1114(c) [of title 49];
to ensure continuous operation of an aircraft transponder in the event of an emergency; and
to revise the procedures by which cabin crews of aircraft can notify flight deck crews of security breaches and other emergencies, including providing for the installation of switches or other devices or methods in an aircraft cabin to enable flight crews to discreetly notify the pilots in the case of a security breach occurring in the cabin.
Commuter Aircraft.—
The Administrator shall investigate means of securing the flight deck of scheduled passenger aircraft operating in air transportation or intrastate air transportation that do not have a rigid fixed door with a lock between the passenger compartment and the flight deck and issue such an order as the Administrator deems appropriate to ensure the inaccessibility, to the greatest extent feasible, of the flight deck while the aircraft is so operating, taking into consideration such aircraft operating in regions where there is minimal threat to aviation security or national security.”
Small and Medium Airports
Technical support and financial assistance.—
The Under Secretary of Transportation for Security shall develop a plan to—
provide technical support to airports, each of which had less than 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available, to enhance security operations; and
provide financial assistance to those airports to defray the costs of enhancing security.
Removal of certain restrictions.—
Certification by operator.—
If the operator of an airport described in paragraph (1), after consultation with the appropriate State and local law enforcement authorities, determines that safeguards are in place to sufficiently protect public safety, and so certifies in writing to the Under Secretary, then any security rule, order, or other directive restricting the parking of passenger vehicles shall not apply at that airport after the applicable time period specified in subparagraph (B), unless the Under Secretary, taking into account individual airport circumstances, notifies the airport operator that the safeguards in place do not adequately respond to specific security risks and that the restriction must be continued in order to ensure public safety.
Countermand period.—
The time period within which the Secretary may notify an airport operator, after receiving a certification under subparagraph (A), that a restriction must be continued in order to ensure public safety at the airport is—
15 days for a nonhub airport (as defined in section 41714(h) of title 49, United States Code);
30 days for a small hub airport (as defined in such section);
60 days for a medium hub airport (as defined in such section); and
120 days for an airport that had at least 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available.”
Airport Security Awareness Programs
Airline Computer Reservation Systems
Authorization of Funds for Reimbursement of Airports for Security Mandates
Airport Security.—
There is authorized to be appropriated to the Secretary of Transportation for fiscal years 2002 and 2003 a total of $1,500,000,000 to reimburse airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers for direct costs incurred by such operators to comply with new, additional, or revised security requirements imposed on such operators by the Federal Aviation Administration or Transportation Security Administration on or after
Documentation of Costs; Audit.—
The Secretary may not reimburse an airport operator, on-airport parking lot, or vendor of on-airfield direct services to air carriers under this section for any cost for which the airport operator, on-airport parking lot, or vendor of on-airfield direct services does not demonstrate to the satisfaction of the Secretary, using sworn financial statements or other appropriate data, that—
the cost is eligible for reimbursement under subsection (a); and
the cost was incurred by the airport operator, on-airport parking lot, or vendor of on-airfield direct services to air carriers.
The Inspector General of the Department of Transportation and the Comptroller General of the United States may audit such statements and may request any other information necessary to conduct such an audit.
Claim Procedure.—
Within 30 days after the date of enactment of this Act [
Flight Deck Security
Charter Air Carriers
Physical Security for ATC Facilities
In General.—
In order to ensure physical security at Federal Aviation Administration staffed facilities that house air traffic control systems, the Administrator of the Federal Aviation Administration shall act immediately to—
correct physical security weaknesses at air traffic control facilities so the facilities can be granted physical security accreditation not later than
ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities.
Reports.—
Not later than
Deputizing of State and Local Law Enforcement Officers
Definitions.—
In this section, the following definitions apply:
Aircraft.—
The term ‘aircraft’ has the meaning given that term in section 40102 of title 49, United States Code.
Air transportation.—
The term ‘air transportation’ has the meaning given that term in such section.
Program.—
The term ‘program’ means the program established under subsection (b)(1)(A).
Establishment of a Program To Deputize Local Law Enforcement Officers.—
In general.—
The Attorney General may—
establish a program under which the Attorney General may deputize State and local law enforcement officers having jurisdiction over airports and airport authorities as Deputy United States Marshals for the limited purpose of enforcing Federal laws that regulate security on board aircraft, including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation; and
encourage the participation of law enforcement officers of State and local governments in the program.
Consultation.—
In establishing the program, the Attorney General shall consult with appropriate officials of—
the United States Government (including the Administrator [of the Federal Aviation Administration] or a designated representative of the Administrator); and
State and local governments in any geographic area in which the program may operate.
Training and background of law enforcement officers.—
In general.—
Under the program, to qualify to serve as a Deputy United States Marshal under the program, a State or local law enforcement officer shall—
meet the minimum background and training requirements for a law enforcement officer under part 107 of title 14, Code of Federal Regulations (or equivalent requirements established by the Attorney General); and
receive approval to participate in the program from the State or local law enforcement agency that is the employer of that law enforcement officer.
Training not federal responsibility.—
The United States Government shall not be responsible for providing to a State or local law enforcement officer the training required to meet the training requirements under subparagraph (A)(i). Nothing in this subsection may be construed to grant any such law enforcement officer the right to attend any institution of the United States Government established to provide training to law enforcement officers of the United States Government.
Powers and Status of Deputized Law Enforcement Officers.—
In general.—
Subject to paragraph (2), a State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program may arrest and apprehend an individual suspected of violating any Federal law described in subsection (b)(1)(A), including any individual who violates a provision subject to a civil penalty under section 46301 of title 49, United States Code, or section 46302, 46303, 46318, 46504, 46505, or 46507 of that title, or who commits an act described in section 46506 of that title.
Limitation.—
The powers granted to a State or local law enforcement officer deputized under the program shall be limited to enforcing Federal laws relating to security on board aircraft in flight.
Status.—
A State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program shall not—
be considered to be an employee of the United States Government; or
receive compensation from the United States Government by reason of service as a Deputy United States Marshal under the program.
Statutory Construction.—
Nothing in this section may be construed to—
grant a State or local law enforcement officer that is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or
limit the authority that a State or local law enforcement officer may otherwise exercise in the officer’s capacity under any other applicable State or Federal law.
Regulations.—
The Attorney General may promulgate such regulations as may be necessary to carry out this section.
Notification of Congress.—
Not later than 90 days after the date of the enactment of this Act [