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[Senate Report 115-266]
[From the U.S. Government Publishing Office]

                                                     Calendar No. 444
115th Congress      }                                   {      Report
                                 SENATE
 2d Session         }                                   {     115-266
_______________________________________________________________________

                                     

                         TSA MODERNIZATION ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1872

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                  June 6, 2018.--Ordered to be printed

                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-010                         WASHINGTON : 2018 
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
 DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
 JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
 DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
 DEAN HELLER, Nevada                  TOM UDALL, New Mexico
 JAMES M. INHOFE, Oklahoma            GARY C. PETERS, Michigan
 MIKE LEE, Utah                       TAMMY BALDWIN, Wisconsin
 RON JOHNSON, Wisconsin               TAMMY DUCKWORTH, Illinois
 SHELLEY MOORE CAPITO, West           MARGARETWOODHASSAN,NewHampshire
    Virginia
 CORY GARDNER, Colorado               CATHERINE CORTEZ MASTO, Nevada
 TODD C. YOUNG, Indiana               JON TESTER, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director

                                                     Calendar No. 444
115th Congress      }                                   {      Report
                                 SENATE
 2d Session         }                                   {     115-266
======================================================================

 
                         TSA MODERNIZATION ACT

                                _______
                                

                  June 6, 2018.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1872]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1872) to authorize the programs 
of the Transportation Security Administration relating to 
transportation security, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 1872, the TSA Modernization Act, is to 
authorize the programs of the Transportation Security 
Administration (TSA) relating to transportation security, and 
for other purposes.

                          Background and Needs

    The TSA was established by the Aviation and Transportation 
Security Act in response to the September 11, 2001, attacks in 
order to strengthen the security of the Nation's transportation 
systems and ensure the freedom of movement for people and 
commerce.\1\ The TSA is tasked with protecting aviation, rail, 
mass transit, highway, and pipeline sectors from terrorist 
attacks. The TSA employs over 50,000 full-time equivalent 
individuals,\2\ and TSA officers screened 738 million airline 
passengers, 466 million checked bags, and 24.2 million airport 
employees in 2016.\3\
    The TSA faces a number of current challenges and threats to 
the aviation environment. According to the Department of 
Homeland Security (DHS), evaluated intelligence indicates that 
terrorist groups continue to target commercial aviation and are 
aggressively pursuing innovative methods to undertake their 
attacks, including smuggling explosive devices in consumer 
items.\4\ The November 9, 2017, DHS National Terrorism Advisory 
System Bulletin noted that terrorists continue to target 
commercial aviation and air cargo, including with concealed 
explosives.\5\ One of the TSA's leading threat concerns relates 
to identifying explosives disguised in certain personal 
electronic devices (PEDs). These threats demonstrate the need 
to more quickly deploy newly advanced technologies to address 
vulnerabilities. However, the TSA has historically undertaken a 
lengthy process to test, evaluate, procure, and deploy new 
security technologies.
    Another area of interest and need is the procurement and 
use of explosive detection canine teams. The Government 
Accountability Office (GAO), the DHS Inspector General, and 
other independent testers have proven canine teams to be one of 
the most effective means of detecting explosive substances. 
However, critics complain that the TSA is not able to deploy 
enough passenger screening canines due to a limited supply, the 
lengthy training process, and the limited number of training 
locations.
    Recent public area security incidents also have focused 
attention on the challenges of securing the public areas of 
airports not subject to checkpoint screening. Such events 
include a shooting, in January 2017, in the baggage claim area 
at Fort Lauderdale Hollywood International Airport; and a 
bombing, in March 2016, in the public terminal area of the 
Brussels, Belgium airport, and at a nearby metro station.
    The bill addresses challenges related to the following: 
airport public area security; canine deployment; last point of 
departure (LPD) airports; acquisition and deployment of 
innovative screening technologies and checkpoint designs; 
PreCheck Program expansion; and air traveler delays. The bill 
was developed based on testimony from ongoing Committee 
oversight on security issues, including a February 2017 hearing 
of the Subcommittee on Aviation Operations, Safety, and 
Security regarding TSA stakeholder perspectives, as well as the 
recommendations of other aviation stakeholders and oversight of 
the TSA's implementation of the aviation security provisions in 
the FAA Extension, Safety, and Security Act of 2016 (FESSA),\6\ 
among other things.
---------------------------------------------------------------------------
    \1\P.L. 107-71, 115 Stat. 597.
    \2\U.S. Department of Homeland Security (DHS), ``FY 2016 Budget in 
Brief.'' (http://www.dhs.gov/sites/default/files/publications/
FY_2016_DHS_Budget_in_Brief.pdf)
    \3\Administrator of the Transportation Security Administration, 
``TSA Year in Review,'' January 12, 2017. (http://tsa.gov/blog/2017/01/
12/tsa-year-review-record-amount-firearms-
discovered-2016)
    \4\DHS, ``Fact Sheet: Aviation Security Enhancements for Select 
Last Point of Departure Airports with Commercial Flights to the United 
States'' (updated July 21, 2017). (https://www.dhs.gov/news/2017/03/21/
fact-sheet-aviation-security-enhancements-select-last-point-
departure-airports)
    \5\DHS, ``National Terrorism Advisory System Bulletin,'' (reissued 
November 9, 2017). (https://www.dhs.gov/sites/default/files/ntas/
alerts/17_1109_NTAS_Bulletin.pdf)
    \6\P.L. 114-90, 130 Stat. 615.
    \7\U.S. Congress, Senate Committee on Commerce, Science, and 
Transportation, closed Committee hearing, 115th Cong., 1st sess., 
February 7, 2017.
    \8\U.S. Congress, Senate Committee on Commerce, Science, and 
Transportation, Stakeholder Perspectives on Improving TSA for the 
Security of the Traveling Public, 115th Cong., 1st sess., February 16, 
2017.
    \9\U.S. Congress, Senate Committee on Commerce, Science, and 
Transportation, TSA Modernization: Improvements to Aviation Security, 
115th Cong., 1st sess., September 28, 2017.
---------------------------------------------------------------------------

                         Summary of Provisions

    The bill would focus on the following thematic areas: 
reforming agency organizational structure; advancing security 
technologies; addressing public area security; improving 
passenger and cargo security; updating foreign airport security 
regulatory processes; improving cockpit and cabin security; and 
making technical amendments to title 49 of the United States 
Code.
    Specifically, the bill would do the following:
            5-year term. The bill would ensure 
        stability and consistent leadership at the TSA by 
        establishing a 5-year term for the TSA Administrator 
        (appointed by the President and confirmed by the 
        Senate), similar to the Federal Aviation Administration 
        (FAA), and making the Deputy Administrator appointed by 
        the President (but not subject to Senate confirmation).
            Third party testing and evaluation. The 
        bill would instruct the TSA to establish a program to 
        authorize third party testing and evaluation of 
        security screening equipment as an alternative to the 
        TSA's current testing processes to speed up deployment 
        of the latest security technologies.
            PreCheck Program. The bill would build upon 
        oversight of the PreCheck Program improvements enacted 
        in FESSA by requiring the TSA to partner with at least 
        two private sector companies to market and to increase 
        enrollment opportunities for the program (e.g., mobile 
        or by means other than biometrics that are evaluated 
        and certified, or determined to be as effective as a 
        fingerprint-based criminal history record checks) in 
        order to vet and facilitate faster travel for more of 
        the flying public.
            Third party canines. The bill would require 
        the TSA to develop standards that allow for use of 
        third party explosives detection canines for the 
        screening of passengers, property, and air cargo in 
        order to increase the supply and deployment of canines 
        at airports.
            LPD airports. The bill would require the 
        TSA to consult and notify specific aviation 
        stakeholders prior to making changes to security 
        standards for LPD airports to improve implementation of 
        the TSA's new security procedures.
            Law Enforcement Officer (LEO) Reimbursement 
        Program. The bill would promote greater security and 
        law enforcement presence at airports by increasing the 
        amount and number of awards via a $10 million increase 
        in authorization of appropriations for the LEO 
        Reimbursement Program, which many airports use to 
        deploy police officers.
            Passenger security fee. The bill would 
        ensure money collected from the passenger security fee 
        is credited as offsetting collections to appropriations 
        for TSA aviation security measures starting in 2025 
        when the diversion of such fees for other purposes 
        expires.
            Screening Partnership Program (SPP) 
        updates. The bill would expand opportunities to use the 
        SPP, which allows airports, at their discretion, to 
        employ private security contractors instead of TSA 
        employees by authorizing individual operators of 
        airport terminals and airport security checkpoints to 
        also participate in the program. Under current law, 
        applications submitted under the program apply to all 
        screening operations at an airport seeking to 
        participate.
            Real-time wait times. The bill would 
        improve the traveler experience by requiring the TSA to 
        make available to the public, online and at airport 
        terminals, information on wait times at each airport 
        security checkpoint.
            Innovation Task Force (ITF). The bill would 
        foster innovation in aviation security by building on 
        existing TSA efforts to establish a government-industry 
        task force to focus on identifying, developing, and 
        accelerating the growth of aviation security technology 
        and innovations.
            Public area best practices. The bill would 
        facilitate improved information sharing between the TSA 
        and aviation stakeholders on public area security 
        threats and best practices relating to protecting 
        aviation infrastructure.
            Biometrics expansion. The bill would direct 
        the TSA, in coordination with U.S. Customs and Border 
        Protection (CBP), to assess the operational and 
        security impact of using biometric technology to 
        identify passengers, and to facilitate the deployment 
        of biometric technology at checkpoints and screening 
        lanes.
            Conforming and miscellaneous amendments. 
        The bill would conform existing law to current TSA 
        operations, including updating relevant references to 
        reflect the current placement of the TSA under the DHS, 
        and the current title of the TSA Administrator.

                          Legislative History

    S. 1872 was introduced by Senator Thune (for himself and 
Senators Nelson, Blunt, and Cantwell) on September 27, 2017, 
and was referred to the Committee on Commerce, Science, and 
Transportation of the Senate.
    The Committee held briefings and hearings examining key 
issues that are addressed in the legislation, including the 
following: a classified threat briefing;\7\ ``Stakeholder 
Perspectives on Improving TSA for the Security of the Traveling 
Public'';\8\ and ``TSA Modernization: Improvements to Aviation 
Security.''\9\
    On October 4, 2017, the Committee, by voice vote, ordered 
S. 1872 reported favorably, with an amendment (in the nature of 
a substitute). The adopted amendments were as follows:

            An amendment from Senators Thune and Blunt 
        to make improvements to the Federal Flight Deck Officer 
        (FFDO) Program.
            An amendment from Senators Thune, Nelson, 
        Blunt, and Cantwell to make improvements for the 
        screening of disabled passengers.
            An amendment from Senator Gardner to 
        establish performance metrics and objectives for 
        testing and verification of security technologies.
            An amendment from Senator Inhofe to include 
        institutions of higher education in third party canine 
        activities.
            An amendment from Senator Markey to conduct 
        a pilot program to test the use of computed tomography 
        technology.
            An amendment from Senator Schatz to conduct 
        a privacy assessment of expanding the use of biometric 
        data.

    Similar legislation, S. 763, the Surface and Maritime 
Transportation Security Act, was introduced by Senator Thune 
(for himself and Senators Nelson, Fischer, and Booker) on March 
29, 2017, to improve surface and maritime transportation 
security. On April 5, 2017, the Committee met in open Executive 
Session and ordered 
S. 763 reported favorably with an amendment (in the nature of a 
substitute).
    Chairman of the Committee on Homeland Security of the House 
of Representatives, Representative Michael McCaul, introduced 
H.R. 2825, the Department of Homeland Security Authorization 
Act, which is a bill to amend the Department of Homeland 
Security Act of 2002 (Act of 2002) to make certain improvements 
in the laws administered by the Secretary of DHS (Secretary), 
and for other purposes, on June 8, 2017. H.R. 2825 contains a 
title related to the authorization of the TSA, since the TSA is 
a component of the DHS. That bill was referred to the Committee 
on Homeland Security, which, on June 14, 2017, ordered it 
reported by voice vote. On July 20, 2017, the House of 
Representatives passed H.R. 2825 by a vote of 386-41.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1872--TSA Modernization Act

    Summary: S. 1872 would authorize gross appropriations 
totaling $24 billion over the 2018-2020 period for activities 
of the Transportation Security Administration (TSA), which is 
responsible for the security of all modes of public 
transportation in the United States. Assuming appropriation of 
the authorized amounts as well as collections of certain fees 
that would offset a portion of the agency's costs, CBO 
estimates that implementing S. 1872 would, on net, cost $16.2 
billion over the 2018-2022 period.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 1872 would not increase net 
direct spending or on-budget deficit in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 1872 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 1872 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2018      2019      2020      2021      2022    2018-2022
----------------------------------------------------------------------------------------------------------------
                         INCREASES OR DECREASES (-) IN SPENDING SUBJECT TO APPROPRIATION
 
Gross TSA Spending:
    Authorization Level............................     7,957     7,996     8,035         0         0     23,988
    Estimated Outlays..............................     5,968     7,588     7,864     2,006       401     23,827
Aviation Security Fees:
    Esimated Authorization Level...................    -2,470    -2,550    -2,630         0         0     -7,650
    Estimated Outlays..............................    -2,470    -2,550    -2,630         0         0     -7,650
    Total Changes:
        Estimated Authorization Level..............     5,487     5,446     5,405         0         0     16,338
        Estimated Outlays..........................     3,498     5,038     5,234     2,006       401     16,177
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1872 will be enacted early in fiscal year 2018 and that 
authorized amounts will be provided near the start of each 
year.
    S. 1872 would authorize gross appropriations totaling 
nearly $8 billion in 2018 and $24 billion over the 2018-2022 
period for certain activities of the TSA. (By comparison, on an 
annualized basis, TSA received about $7 billion for those 
activities in 2018 under the Continuing Appropriations Act, 
2018, and Supplemental Appropriations for Disaster Relief 
Requirements Act, 2017.) That three-year total includes:
           $23.5 billion for TSA's operating and 
        maintenance expenses, including salaries and benefits 
        for most of the agency's workforce;
           $276 million for technologies and activities 
        related to monitoring ``exit lanes'' used by passengers 
        to exit secure areas of airports; and
           $165 million to reimburse costs incurred by 
        public entities to deploy additional law enforcement 
        officers at airports.
    On the basis of historical spending patterns for TSA 
programs, CBO estimates that gross outlays under S. 1872 would 
total nearly $6 billion in 2018 and $24 billion over the 2018-
2022 period.
    Because TSA is authorized to collect fees to offset a 
portion of gross funding provided for aviation security 
programs, CBO also estimates that implementing S. 1872 would 
increase offsetting collections. Specifically, under current 
law, commercial airlines charge passengers a fee of $5.60 per 
one-way trip in air transportation that originates at an 
airport in the U.S., subject to an overall cap of $11.20 per 
round trip; those fees are remitted to the federal government. 
Based on an analysis of information from TSA and other federal 
agencies about anticipated volume of commercial airline 
passengers and travel patterns, CBO estimates that such fees 
would total nearly $7.7 billion over the 2018-2022 period, thus 
reducing the net appropriations that would be necessary to 
implement the legislation. Accordingly, CBO estimates that S. 
1872 would, on net, authorize appropriations totaling $16.3 
billion over the 2018-2022 period and that resulting net 
outlays would total $16.2 billion.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 1872 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    Estimated impact on public and private entities: S. 1872 
contains no intergovernmental or private-sector mandates as 
defined in UMRA.
    Estimated prepared by: Federa1 costs: Megan Carroll; 
Intergovernmental and private-sector impact: Jon Sperl.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 1872 would affect millions of air travelers, pilots, and 
crew who fly within and to the United States, as well as those 
air carriers and airports that facilitate flights within and to 
the United States. These individuals are already subject to TSA 
regulations and the bill would not subject additional groups or 
classes to new mandates. Specific provisions within S. 1872 
would seek to reduce the regulatory and administrative burdens 
on certain groups, including operators of airports, terminals, 
or checkpoints that opt to participate in the Screening 
Partnership Program, disabled passengers, passengers who are 
seeking expedited screening, and pilots interested in 
participating in the FFDO Program.

                            economic impact

    S. 1872 is intended to positively impact the travel 
industry by better facilitating the flow of commerce and the 
traveling public through the security screening process at 
airports. It would save passengers time and, thus, money by 
providing them with more options to take advantage of expedited 
security screening, improved screening technologies, and 
information about checkpoint wait times in real time. The bill 
also would improve coordination regarding new security 
directives and emergency amendments with air carriers operating 
flights from LPD airports so that such measures are better 
harmonized with carrier operations.

                                privacy

    S. 1872 would have a minimal impact on the personal privacy 
of U.S. citizens. This bill would encourage the facilitation of 
the deployment of innovative technologies for aviation 
security, such as biometric technology at checkpoints, but also 
would require the TSA to assess the effects on privacy of the 
expansion of the use of biometric technology, including methods 
to mitigate any risks to privacy identified by the TSA related 
to the active or passive collection of biometric data.
    This bill also would direct the TSA, in consultation with 
the Commissioner of the CBP, to review each trusted traveler 
program and identify any improvements that could be made to 
increase information and data sharing across such programs and 
to allow the public to access and link to the applications for 
enrollment in all such programs from one online portal. 
Finally, this legislation would affect the privacy of certain 
air carrier and airport employees as it would authorize air 
carriers, airports, and airport operators to get immediate 
notification of any criminal activity relating to an employee 
with access to an airport or its perimeter.

                               paperwork

    The Committee does not anticipate a significant increase in 
paperwork burdens resulting from the passage of this 
legislation. In those areas where the bill does require 
additional paperwork, it is aimed at improving aviation 
security and is otherwise part of the normal duties of the 
affected agencies. The Secretary, the TSA Administrator, the 
Comptroller General, the Air Cargo Subcommittee of the Aviation 
Security Advisory Committee (ASAC), and a TSA-established 
innovation task force would be required to prepare a variety of 
reports and studies for Congress. These reports would provide 
the legislative branch and public with critical information, 
assessments, reviews, and recommendations that would enhance 
the ability of the Committee to carry out its oversight 
responsibilities with regard to aviation security policy and 
programs.
    In order to ensure the security of the national airspace 
system, manufacturers of security technology systems would 
encounter paperwork requirements to voluntarily participate in 
the TSA-developed framework for third party testing and 
verification of security technology. Third party explosives 
detection canine teams also would encounter paperwork to 
voluntarily satisfy any new standards for the screening of 
individuals, property, and air cargo.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title; table of contents; references.

    This section would provide that the bill may be cited as 
the ``TSA Modernization Act.'' This section also would provide 
a table of contents for the bill.

Section 2. Definitions.

    This section would define the terms ``Administrator,'' 
``appropriate committees of Congress,'' ``ASAC,'' 
``Secretary,'' and ``TSA'' used in this Act.

               TITLE I--ORGANIZATIONS AND AUTHORIZATIONS

Section 101. Authorization of appropriations.

    This section would provide an authorization of 
appropriations for the TSA for salaries, operations, and 
maintenance of the TSA at an amount of $7,810,196,000 for 
fiscal year (FY) 2018, $7,849,247,000 for FY 2019, and 
$7,888,494,000 for FY 2020. The enacted funding for FY 2017 was 
$7,771,340,000.

Section 102. Administrator of the Transportation Security 
        Administration; 5-year term.

    This section would make technical and conforming amendments 
to title 49 of the United States Code to reflect the current 
title of the TSA Administrator and the transfer of the TSA from 
the Department of Transportation to the DHS. This section would 
outline the pay scale and qualifications necessary for an 
individual to serve as the Administrator or Deputy 
Administrator, as well as the functions of each position. This 
section also would set a 5-year term for any TSA Administrator 
serving a term that began after August 1, 2017.

Section 103. Transportation Security Administration organization.

    This section would amend title 49 of the United States Code 
to account for key areas of the leadership and organizational 
structure of the TSA consistent with current practice. The TSA 
Administrator would be required to appoint individuals, each of 
whom would report directly to the TSA Administrator or the TSA 
Administrator's designated direct report, to be responsible for 
each of the following areas: aviation security operations and 
training; surface transportation security operations and 
training; security policy and industry engagement; 
international strategy and operations; trusted and registered 
traveler programs; technology acquisition and deployment; 
inspection and compliance; civil rights, liberties, and 
traveler engagement; and legislative and public affairs.

Section 104. Transmittals to Congress.

    This section would require the TSA to transmit each report, 
legislative proposal, or other communication of the Executive 
Branch related to the TSA, and required to be submitted, 
directly to Congress or the appropriate committees of Congress.

                      TITLE II--AVIATION SECURITY

                    SUBTITLE A--SECURITY TECHNOLOGY

Section 201. Third party testing and evaluation of screening 
        technology.

    This section would direct the TSA to develop and implement 
a program that enables third party testing and verification of 
screening technology as an alternative to the TSA's testing and 
evaluation process before acquisition or deployment. The 
Committee intends that this third party testing include 
security technology algorithms. To the extent practicable and 
permissible under the law, the TSA would be required to share 
detection testing information and standards with appropriate 
international partners and coordinate with them to harmonize 
TSA testing and evaluation with relevant international 
standards. The TSA also would be required to develop a testing 
and verification framework for third party testing using a 
phased implementation approach to allow the TSA and the third 
party to establish best practices. The TSA would be required to 
request that ASAC's Security Technology Subcommittee, in 
consultation with relevant industry representatives, develop 
and submit recommendations for the third party testing and 
verification framework. This section also would direct the TSA 
to prioritize field testing and evaluation of security 
technology at airports and on site at manufacturing companies 
whenever possible.

Section 202. Reciprocal recognition of security standards.

    This section would direct the TSA, in coordination with the 
European Civil Aviation Conference and Canadian Air Transport 
Security Authority, to develop a validation process for the 
reciprocal recognition of security equipment technology 
approvals among international security partners or recognized 
certification authorities for deployment. This validation 
process would be required to ensure that the certification 
process of each participating international security partner or 
recognized certification authority complies with the TSA 
security standards.

Section 203. Transportation Security Laboratory.

    This section would authorize the TSA to administer the 
existing Transportation Security Laboratory (TSL), and would 
require the TSA to conduct periodic reviews on the screening 
technology test and evaluation process conducted at the TSL to 
identify any improvements that should be made to better support 
and facilitate acquisition decisions.

Section 204. Innovation Task Force.

    This section would require the TSA to establish an ITF to 
cultivate innovations in aviation security, develop and 
recommend how to streamline requirements, and accelerate the 
development and introduction of innovative security 
technologies and improvements to aviation security operations. 
The ITF would be chaired by a designee of the TSA Administrator 
and be composed of members of offices within the TSA, other 
relevant components of DHS, and industry representatives that 
the Administrator considers appropriate. This section would 
require the ITF to identify and develop innovative technologies 
or emerging security capabilities designed to enhance aviation 
security, conduct quarterly meetings with industry, and submit 
to the appropriate committees of Congress an annual report on 
the effectiveness of key performance data from task force 
sponsored projects and checkpoint enhancements.

Section 205. 5-Year technology investment plan update.

    This section would amend the Act of 2002 to require the TSA 
Administrator to annually submit to Congress an appendix to the 
budget request and publish in an unclassified format in the 
public domain an update of the 5-year technology investment 
plan and information about acquisitions completed during the 
preceding FY.

Section 206. Biometrics expansion.

    This section would instruct the TSA, not later than 270 
days after the date of enactment and in coordination with the 
CBP to do the following: assess the operational security impact 
of biometric technology to identify passengers; assess the 
effects on privacy of the expansion of the use of biometric 
technology, including methods to mitigate any risks to privacy 
related to the collection of biometric data; and facilitate, if 
appropriate, the deployment of such technology at checkpoints, 
screening lanes, bag drop and boarding areas, and other areas 
where such deployment would enhance security and facilitate 
passenger movement. The Committee intends that any deployment 
of biometric technology prioritize the alignment of the 
biometrics used for both the TSA and the CBP. This section also 
would require the TSA to submit to the appropriate committees 
of Congress a report on such assessments and deployment and to 
publish the privacy assessment on a publicly accessible 
website, if practicable.

Section 207. Pilot program for automated exit lane technology.

    This section would direct the TSA, not later than 90 days 
after the date of enactment, to establish a pilot program in 
partnership with applicable airport directors to implement and 
evaluate the use of automated exit lane technology at small hub 
and nonhub airports. Appropriations to carry out this pilot 
program would be authorized at $15,000,000 for each of FY 2018 
through FY 2020, and the Federal share of the cost of the pilot 
program under this section would not exceed 85 percent of the 
total cost of the program. The section also would require the 
GAO, not later than 2 years after the date of enactment, to 
report to the appropriate committees of Congress on the pilot 
program, including the level of participation, return on 
investment, and recommendations to expand or discontinue the 
pilot program.

Section 208. Authorization of appropriations; exit lane security.

    This section would authorize appropriations for the TSA's 
monitoring of passenger exit lane security at the amount of 
$77,000,000 for FY 2018 through FY 2020. This is consistent 
with FY 2017 funding.

Section 209. Real-time security checkpoint wait times.

    This section would direct the TSA, not later than 18 months 
after the date of enactment, to make publicly available 
information on wait times at each airport security checkpoint. 
The TSA would be required to provide this information in real 
time via technology and publish it both online and in physical 
locations at the applicable airport terminal in a manner that 
does not increase public area security risks. This section also 
would define the term ``wait time'' as the period beginning 
when a passenger enters a queue for a screening checkpoint and 
ending when the passenger has begun divestment of items 
requiring screening at that checkpoint.

Section 210. GAO report on universal deployment of advanced imaging 
        technologies.

    This section would require the GAO to assess the cost to 
the TSA or an airport to redesign airport security areas to 
fully deploy advanced imaging technologies at airports where 
the TSA conducts or oversees security screening operations. 
This study would identify the costs to the TSA or an airport to 
purchase, install, and maintain advanced imaging technologies 
and assets. This section also would require the GAO to submit a 
report to the appropriate committees of Congress on the 
findings of this study not later than 1 year after the date of 
enactment of this Act.

Section 211. Testing and verification performance objectives.

    This section would require the TSA to establish performance 
objectives for the testing and verification of security 
technology, including testing and verification conducted by 
third parties, to ensure that progress is made toward reducing 
the time for each phase of testing while maintaining security, 
eliminating testing and verification delays, and increasing 
accountability. This section also would require the TSA to 
establish and continually track performance metrics for each 
type of security technology submitted for testing and 
verification to use these metrics to generate data on an 
ongoing basis, and to measure progress toward the achievement 
of the performance objectives established in this section. 
Finally, this section would require the TSA to submit a report 
to the appropriate committees of Congress assessing the extent 
to which the performance objectives established in this section 
have been met 2 years after the date of enactment of this Act.

Section 212. Computed tomography pilot program.

    This section would direct the TSA to carry out a pilot 
program to test the use of screening equipment using computed 
tomography technology to screen baggage at passenger screening 
checkpoints at airports not later than 90 days after the date 
of enactment of this Act.

                    SUBTITLE B--PUBLIC AREA SECURITY

Section 221. Third party canines.

    This section would require the TSA, not later than 120 days 
after the date of enactment of this Act, to develop and issue 
standards that a third party explosives detection canine team 
must satisfy to be certified for the screening of individuals 
and property in public areas of an airport. This section also 
would require the TSA to enter into an agreement with at least 
one third party entity, not later than 180 days after the date 
of enactment of this Act, to test and certify the capabilities 
of canine teams in accordance with the TSA-developed standards. 
The Committee intends for the TSA to create an approved vendor 
list including any third party entity with which the TSA enters 
into an agreement. Before entering this agreement, this section 
would require the TSA to do the following: evaluate the third 
party's ability to effectively evaluate canine teams; designate 
at least three evaluation centers to which vendors may send 
canine teams for testing and certification by the third party; 
and periodically assess the program at the evaluation centers 
to ensure the proficiency of the canine team beyond the initial 
testing and certification by the third party entity.
    This section would authorize the TSA to use the other 
transaction authority under section 114(m) of title 49, United 
States Code, or other authority that the TSA Administrator 
considers appropriate, to expedite the deployment of additional 
canine teams. To determine best practices for the use of third 
party entities to test and certify the capabilities of canine 
teams, this section would require the TSA to consult with the 
Secretary of State, non-profit organizations that train, 
certify, and provide the services of canines, and institutions 
of higher education with research programs related to the use 
of canines for the screening of individuals and property before 
entering into an agreement with a third party entity. Finally, 
this section would require the TSA to develop and implement a 
process for the TSA to procure third party explosives detection 
canine teams certified under the TSA-developed standards, and 
would direct the TSA to authorize an aviation stakeholder in 
coordination with the Federal Security Director at an 
applicable airport, to contract with, procure or purchase, and 
deploy one or more third party explosives detection canine 
teams certified under the TSA-developed standards to augment 
public area security at that stakeholder's airport.

Section 222. Tracking and monitoring of canine training and testing.

    This section would require the TSA to use, not later than 
180 days after the date of enactment of this Act and to the 
extent practicable, a digital monitoring system for all 
training, testing, and validation or certification of public 
and private canine assets utilized by the TSA to facilitate 
improved review, data analysis, and record keeping of canine 
testing performance and program administration.

Section 223. VIPR team statistics.

    This section would require the TSA to notify the 
appropriate committees of Congress not later than 90 days after 
the date of enactment of this Act, and annually thereafter, of 
the number of Visible Intermodal Prevention and Response (VIPR) 
teams available for deployment at transportation facilities, 
including the number of VIPR team operations that include 
explosive detection canine teams and the distribution of VIPR 
team operations deployed across different modes of 
transportation.

Section 224. Public area best practices.

    This section would require the TSA to periodically submit 
to Federal Security Directors and appropriate aviation security 
stakeholders information on any best practices developed by the 
TSA or appropriate aviation stakeholders related to protecting 
infrastructure from emerging threats to public spaces of 
transportation venues. The TSA would be required to expand and 
improve its information sharing with appropriate aviation 
stakeholders, to continue to disseminate relevant intelligence 
products and conduct classified briefings on a regular basis, 
and to encourage aviation security stakeholders to utilize mass 
notification systems to disseminate information to 
transportation community employees, travelers, and the general 
public.
    This section also would require the DHS, in coordination 
with the TSA, to expand public awareness programs to include 
transportation network public area employees. Finally, this 
section would allow an air carrier, airport, or airport 
operator to utilize the Federal Bureau of Investigation's 
(FBI's) Rap Back Service, and other vetting tools as 
appropriate, including the No-Fly and Selectee lists, to get 
immediate notification of any criminal activity relating to an 
employee with access to an airport or its perimeter.

Section 225. Law Enforcement Officer Reimbursement Program.

    This section would direct the TSA to increase the number of 
awards and total amount of each award under the LEO 
Reimbursement Program, and would authorize appropriations for 
this program of $55,000,000 for each of FY 2018 through FY 
2020. Funding for FY 2017 was $45,000,000. This section also 
would require the TSA to review and, if necessary, revise the 
regulations and compliance policies related to the LEO 
Reimbursement Program to reduce any administrative burdens on 
applicants or recipients.

                SUBTITLE C--PASSENGER AND CARGO SECURITY

Section 231. PreCheck Program.

    This section would require the TSA to administer and 
expand, not later than 180 days after the date of enactment of 
this Act, the PreCheck Program by requiring the TSA to enter 
into an agreement with at least two private sector entities to 
increase the methods and capabilities available for the public 
to enroll in the program. At least one of these agreements 
would be required to include a start-to-finish secure online or 
mobile enrollment capability and vetting by means other than 
biometrics, such as risk assessment, if the vetting is 
evaluated and certified by the Secretary, meets the definition 
of a qualified anti-terrorism technology under section 865 of 
the Act of 2002, or is determined by the TSA Administrator to 
provide a risk assessment that is as effective as fingerprint-
based criminal history record checks conducted by the FBI. At 
least one of these agreements also would be required to include 
start-to-finish secure online or mobile enrollment capability 
and vetting of an applicant by means of biometrics if the 
collection meets the standards developed by the National 
Institute of Standards and Technology and protects any 
personally identifiable information. This section also would 
set target enrollment for the PreCheck Program at the following 
levels: 7,000,000 passengers before October 1, 2018; 10,000,000 
passengers before October 1, 2019; and 15,000,000 passengers 
before October 1, 2020. According to the TSA, current 
enrollments are at 5.4 million passengers.
    This section also would require the TSA to enter into, not 
later than 90 days after the date of enactment of this Act, at 
least two agreements to market the PreCheck Program and to 
implement a long-term strategy for partnering with the private 
sector to encourage enrollment in the program. This section 
also would enhance identity verification of enrollees in the 
PreCheck Program by requiring the TSA to coordinate with 
appropriate components of the DHS to verify the identities and 
citizenships of enrollees, partner with the private sector to 
use biometrics and authentication standards to facilitate 
enrollment, and leverage existing resources of airports to 
expedite identity verification. The TSA would be required to 
ensure that PreCheck Program screening lanes are open and 
available to enrollees during high-volume times at appropriate 
airports, and make efforts to provide expedited screening to 
enrollees in standard lanes when PreCheck Program screening 
lanes are closed. The TSA would be required to initiate an 
assessment to identify any security vulnerabilities in the 
program's vetting process and would be required to ensure that 
the PreCheck Program's enrollment capabilities are separate 
from any other related TSA program, initiative, or procurement. 
Finally, this section would require that any funds expended to 
expand PreCheck enrollment are expended in a manner that meets 
the requirements of this section.

Section 232. Trusted traveler programs; collaboration.

    This section would require the TSA, in consultation with 
the CBP, to review the PreCheck Program and each trusted 
traveler program administered by the CBP, and to identify and 
implement any improvements that can be made to such programs, 
including by streamlining and integrating the requirements and 
operations of such programs, increasing information and data 
sharing across such programs, and allowing the public to access 
and link applications for enrollment in these programs from one 
online portal. In conducting this review, the TSA, in 
consultation with the CBP, would be required to identify any 
law, including any regulation, policy, or procedure, that may 
inhibit collaboration among DHS agencies regarding these 
programs and recommend any action that can be taken to 
eliminate such barriers to collaboration or implementation. 
Finally, this section would require that the TSA, in 
consultation with the CBP, submit to the appropriate committees 
of Congress a report on the findings of this review.

Section 233. Passenger security fee.

    This section would amend a statutory provision imposing a 
uniform security fee on passengers of air carriers by, 
beginning on October 1, 2025, crediting such fees as offsetting 
collections to appropriations made for aviation security 
measures carried out by the TSA.

Section 234. Third party canine teams for air cargo security.

    This section would direct the TSA to develop and issue 
standards for the use of third party explosives detection 
canine assets for the primary screening of air cargo, and would 
require the TSA to facilitate the deployment of such assets 
that meet the TSA-developed certification standards. This 
section also would require that the TSA-developed certification 
standards be made available to vendors seeking to train and 
deploy third party explosive detection canine assets and that 
all costs for the training, certification, and use of the 
supplied canines be borne by private industry and not the 
Federal Government.

Section 235. Known Shipper Program review.

    This section would require the TSA to direct the Air Cargo 
Subcommittee of ASAC to conduct a comprehensive review and 
security assessment of the Known Shipper Program and submit its 
findings and recommendations on whether the program should be 
modified or if the program's objectives are being met by other 
fulfilled mandates.

Section 236. Screening partnership program updates.

    This section would allow an operator of an airport, airport 
terminal, or airport security checkpoint, if the operator 
chooses, to submit to the TSA an application for a private 
screening company, chosen from a list of qualified companies 
created by the TSA, to carry out the screening of property and 
passengers pursuant to a contract with the TSA. Also, it would 
require that the TSA either approve or deny such an application 
within 30 days after receipt. If the application is approved, 
the TSA would be required to enter into a contract with a 
company to provide screening services within 60 days after the 
selection of the company by the operator. The contract price 
would be equal to or less than the comprehensive cost to the 
Federal Government to provide such screening services. This 
section also would require the TSA to approve or deny each 
application to the Screening Partnership Program made before 
enactment of this Act not later than 30 days after the date of 
enactment.

Section 237. Screening performance assessments.

    This section would require the TSA to quarterly provide to 
the director of an airport an assessment of the screening 
performance of that airport in comparison to the mean average 
performance of all airports in the equivalent airport category 
and a briefing on the results of performance data reports that 
includes a scorecard of objective metrics related to passenger 
throughput, wait times, and employee human capital measures 
collected by the TSA.

Section 238. TSA Academy review.

    This section would require the GAO to conduct an assessment 
of the efficiency and effectiveness of the TSA Academy 
regarding the training of new transportation security officers 
(TSOs) at the TSA Academy compared to the training of new TSOs 
when it was conducted at local airports. The section also would 
require the GAO to submit a report on its findings and 
recommendations to the appropriate committees of Congress not 
later than 270 days after the date of enactment of this Act. 
This assessment would be required to include a cost-benefit 
analysis of training new TSOs and Screening Partnership Program 
contractor hires at the TSA Academy, as well as an examination 
of the impact on performance, professionalism, and retention 
rates of such employees, and a comparison to the same standards 
when the training had been conducted at the employees' local 
airports. Finally, this assessment would examine whether new 
hire training at the TSA Academy has had any impact on the 
airports and companies that participate in the Screening 
Partnership Program.

Section 239. Improvements for screening of disabled passengers.

    This section would require the TSA to revise the training 
requirements for TSOs related to the screening of disabled 
passengers not later than 180 days after the date of enactment 
of this Act. This section would require the TSA to address 
certain training specifications in the revision of the training 
requirements; implement revised training during initial and 
recurrent training of all TSOs; record each complaint from a 
disabled passenger; identify the most frequent concerns raised 
or accommodations requested; determine the best practices for 
addressing these concerns, and recommend appropriate training 
based on such best practices; and require signage at the 
security checkpoints at each Category X airport that specifies 
how to contact and how to receive assistance from the 
appropriate TSA employee at the airport designated to address 
complaints of screening mistreatment based on disability. This 
section also would require the TSA to submit a report to the 
appropriate committees of Congress on the checkpoint 
experiences of disabled passengers each FY.

                  SUBTITLE D--FOREIGN AIRPORT SECURITY

Section 241. Last point of departure airports; security directives.

    This section would require the TSA, to the maximum extent 
practicable, to consult and notify trade association 
representatives for affected air carriers and relevant Federal 
agencies prior to making changes to security standards via 
security directives and emergency amendments for last points of 
departure. The Committee understands that certain circumstances 
and threat information may warrant immediate action by the TSA 
Administrator without providing affected parties with any 
advance notice or opportunity for consultation. Such was the 
case, for example, with the printer cartridge plot in 2010, in 
which improvised explosive devices were discovered in air cargo 
originating in Yemen and destined for the United States. The 
Committee intends to provide the TSA with flexibility when 
timely updates are necessary, and does not intend to create 
opportunities for air carriers to challenge or sue the TSA if 
they are not adequately consulted. The GAO would be required to 
review, not later than 1 year after the date of enactment of 
this Act, the effectiveness of the TSA process to update, 
consolidate, or revoke security directives, emergency 
amendments, and other policies related to international 
aviation security at LPD airports, and submit a report on its 
findings and any recommendations to the appropriate committees 
of Congress. This section also would require the TSA to 
immediately rescreen passengers and baggage arriving from an 
airport outside the United States upon discovery of specific 
threat intelligence, and to notify the appropriate committees 
of Congress not later than 1 day after the TSA determines that 
a foreign air carrier is in violation of applicable security 
requirements.

Section 242. Tracking security screening equipment from last point of 
        departure airports.

    This section would require the TSA, before any donation of 
security screening equipment to a foreign LPD airport operator, 
to report to Congress on how foreign government officials will 
document and track removal or disposal of screening equipment 
to ensure that it does not come into the possession of 
terrorists or otherwise pose a risk to security. The TSA also 
would be required to collaborate with other aviation 
authorities to advance a global standard for each international 
airport to document and track the removal and disposal of any 
security screening equipment to ensure that the equipment does 
not come into the possession of a terrorist or otherwise pose a 
security risk.

Section 243. International security standards.

    This section would require the TSA to consult with the 
Ambassador to the International Civil Aviation Organization 
(ICAO) and notify the appropriate committees of Congress of any 
proposed international improvements to aviation security not 
later than 90 days after the date of enactment of this Act. The 
TSA Administrator and Ambassador would be required to take any 
action they consider necessary to advance such aviation 
security proposals and brief the appropriate committees of 
Congress on the implementation of such proposals not later than 
180 days after the date of enactment of this Act.

                 SUBTITLE E--COCKPIT AND CABIN SECURITY

Section 251. Federal air marshal service updates.

    This section would require the TSA to develop a standard 
written agreement not later than 60 days after the date of 
enactment of this Act for all future negotiations and 
agreements between the United States Government and foreign 
governments regarding Federal air marshal coverage of flights 
to and from the United States. Not later than 180 days after 
enactment, all such agreements would be required to be in 
writing and signed by the TSA Administrator or another 
authorized United States Government representative, except in 
specific instances. For every such agreement, the TSA would be 
required to transmit a copy of the agreement to the appropriate 
committees of Congress within 30 days of the date the agreement 
is signed or, if there is no written agreement, to submit to 
the appropriate committees of Congress the name of the 
applicable foreign government or partner, an explanation for 
why no written agreement exists, and a justification for the 
determination that such mission is necessary for aviation 
security. This section also would require the TSA to endeavor 
to acquire automated capabilities or technologies for 
scheduling Federal air marshal service missions based on 
current risk modeling.

Section 252. Crew member self-defense training.

    This section would require the TSA, in consultation with 
the FAA, to continue to carry out and encourage increased 
participation by air carrier employees in the TSA's voluntary 
self-defense training program.

Section 253. Flight deck safety and security.

    This section would require the TSA, not later than 90 days 
after the date of enactment of this Act, to consult with the 
FAA to complete a detailed threat assessment to identify any 
safety or security risks associated with unauthorized access to 
the flight decks on commercial aircraft, as well as any 
appropriate measures that should be taken based on such risks. 
This section also would require the TSA, in coordination with 
the FAA, to disseminate RTCA Document (DO-329) Aircraft 
Secondary Barriers and Alternative Flight Deck Security 
Procedure to aviation stakeholders, including air carriers and 
flight crew, to convey effective methods and best practices to 
protect the flight deck.

Section 254. Carriage of weapons, explosives, and incendiaries by 
        individuals.

    This section would require the TSA to periodically review 
and amend the interpretive rule (68 Fed. Reg. 7444) that 
provides guidance to the public on the types of property 
prohibited from being carried on an airplane under section 
1540.111 of title 14, Code of Federal Regulations. Before 
amending the interpretive rule to include or remove a 
prohibited item from the list, the TSA would be required to 
consult with appropriate aviation security stakeholders, 
including ASAC, and to research and evaluate the impact of the 
action on security risks or screening operations and whether 
the amendment is consistent with international standards and 
guidance. This section also would prohibit amending the 
interpretive rule to allow any knife into an airport sterile 
area or the cabin of an aircraft, with the exception of plastic 
or round bladed butter knives. For any amendment to the 
interpretive rule, the TSA would be required to publish the 
amendment in the Federal Register and notify the appropriate 
committees of Congress no later than 3 days before such 
publication.

Section 255. Federal flight deck officer program improvements.

    This section would require the TSA to designate additional 
firearms training facilities for recurrent and requalifying 
training of FFDOs and allow FFDOs to requalify at TSA-approved 
firearms training facilities, which are defined as private or 
government-owned gun ranges approved by the TSA to provide 
recurrent or requalification training utilizing a TSA-approved 
contractor and a curriculum developed and approved by the TSA. 
It also would require the TSA to periodically review 
requalification training intervals and assess whether it is 
appropriate and sufficient to adjust the time between each 
requalification training to facilitate continued participation 
in the FFDO program while still maintaining the effectiveness 
of the training. It also would require the TSA to periodically 
review initial and recurrent training requirements and evaluate 
how training requirements, including the length of training, 
could be streamlined while maintaining the effectiveness of the 
training. Moreover, and in accordance with any applicable TSA 
application appeals processes, an inactive FFDO would be able 
to return to active status upon successful completion of a 
recurrent training program.
    This section also would provide that the TSA may not 
establish medical or physical standards for a pilot to become a 
FFDO that are inconsistent with or more stringent than FAA 
requirements for the issuance of the required airman medical 
certificate under existing regulations.
    Finally, this section would harmonize, to the extent 
practicable, the policies relating to the carriage of firearms 
on flights in foreign air transportation by FFDOs with the 
policies of the Federal air marshal program for carrying 
firearms on such flights and carrying out FFDO duties, 
notwithstanding Annex 17 of the ICAO.

           TITLE III--CONFORMING AND MISCELLANEOUS AMENDMENTS

    The provisions in this title generally would make technical 
and conforming edits to title 49 of the United States Code, 
including by updating the current title of the TSA 
Administrator and transferring authorities granted to the Under 
Secretary of Transportation for Security at the Department of 
Transportation to the Administrator of the TSA under the DHS.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

             TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES

                          PART III. EMPLOYEES

                     SUBPART D. PAY AND ALLOWANCES

                   CHAPTER 53. PAY RATES AND SYSTEMS

              SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES

Sec. 5313. Positions at level II

Level II of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

        Under Secretary of Homeland Security for Management.
        Administrator of the Transportation Security 
        Administration.

           *       *       *       *       *       *       *

Sec. 5315. Positions at level IV

Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

        Deputy Administrator, Federal Aviation Administration.
        Deputy Administrator, Transportation Security 
        Administration.

           *       *       *       *       *       *       *

                        TITLE 49. TRANSPORTATION

                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

Sec. 106. Federal Aviation Administration

  (a) * * *
  [(g) Duties and Powers of Administrator.--
          [(1) Except as provided in paragraph (2) of this 
        subsection, the Administrator shall carry out--
                  [(A) duties and powers of the Secretary of 
                Transportation under subsection (f) of this 
                section related to aviation safety (except 
                those related to transportation, packaging, 
                marking, or description of hazardous material) 
                and stated in sections 308(b), 1132(c) and (d), 
                40101(c), 40103(b), 40106(a), 40108, 40109(b), 
                40113(a), 40113(c), 40113(d), 40113(e), 
                40114(a), and 40119, chapter 445 (except 
                sections 44501(b), 44502(a)(2), 44502(a)(3), 
                44502(a)(4), 44503, 44506, 44509, 44510, 44514, 
                and 44515), chapter 447 (except sections 44717, 
                44718(a), 44718(b), 44719, 44720, 44721(b), 
                44722, and 44723), chapter 449 (except sections 
                44903(d), 44904, 44905, 44907-44911, 44913, 
                44915, and 44931-44934), chapter 451, chapter 
                453, sections 46104, 46301(d) and (h)(2), 
                46303(c), 46304-46308, 46310, 46311, and 46313-
                46316, chapter 465, and sections 47504(b) 
                (related to flight procedures), 47508(a), and 
                48107 of this title; and
                  [(B) additional duties and powers prescribed 
                by the Secretary of Transportation.
          [(2) In carrying out sections 40119, 44901, 44903(a)-
        (c) and (e), 44906, 44912, 44935-44937, 44938(a) and 
        (b), and 48107 of this title, paragraph (1)(A) of this 
        subsection does not apply to duties and powers vested 
        in the Director of Intelligence and Security by section 
        44931 of this title.]
  (g) Duties and Powers of Administrator.--The Administrator 
shall carry out the following:
          (1) Duties and powers of the Secretary of 
        Transportation under subsection (f) of this section 
        related to aviation safety (except those related to 
        transportation, packaging, marking, or description of 
        hazardous material) and stated in the following:
                  (A) Section 308(b).
                  (B) Subsections (c) and (d) of section 1132.
                  (C) Sections 40101(c), 40103(b), 40106(a), 
                40108, 40109(b), 40113(a), 40113(c), 40113(d), 
                40113(e), and 40114(a).
                  (D) Chapter 445, except sections 44501(b), 
                44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 
                44506, 44509, 44510, 44514, and 44515.
                  (E) Chapter 447, except sections 44717, 
                44718(a), 44718(b), 44719, 44720, 44721(b), 
                44722, and 44723.
                  (F) Chapter 451.
                  (G) Chapter 453.
                  (H) Section 46104.
                  (I) Subsections (d) and (h)(2) of section 
                46301 and sections 46303(c), 46304 through 
                46308, 46310, 46311, and 46313 through 46316.
                  (J) Chapter 465.
                  (K) Sections 47504(b) (related to flight 
                procedures), 47508(a), and 48107.
          (2) Additional duties and powers prescribed by the 
        Secretary of Transportation.
  (h) * * *

Sec. 114. Transportation Security Administration

  (a) In General.--The Transportation Security Administration 
shall be an administration of the [Department of 
Transportation] Department of Homeland Security.
  [(b) Under Secretary.--
          [(1) Appointment.--The head of the Administration 
        shall be the Under Secretary of Transportation for 
        Security. The Under Secretary shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate.
          [(2) Qualifications.--The Under Secretary must--
                  [(A) be a citizen of the United States; and
                  [(B) have experience in a field directly 
                related to transportation or security.
          [(3) Term.--The term of office of an individual 
        appointed as the Under Secretary shall be 5 years.]
  (b) Leadership.--
          (1) Head of transportation security administration.--
                  (A) Appointment.--The head of the 
                Administration shall be the Administrator of 
                the Transportation Security Administration 
                (referred to in this section as the 
                ``Administrator''). The Administrator shall be 
                appointed by the President, by and with the 
                advice and consent of the Senate.
                  (B) Qualifications.--The Administrator must--
                          (i) be a citizen of the United 
                        States; and
                          (ii) have experience in a field 
                        directly related to transportation or 
                        security.
                  (C) Term.--Effective with respect to any 
                individual appointment by the President, by and 
                with the advice and consent of the Senate, 
                after August 1, 2017, the term of office of an 
                individual appointed as the Administrator shall 
                be 5 years.
          (2) Deputy administrator.--
                  (A) Appointment.--There is established in the 
                Transportation Security Administration a Deputy 
                Administrator, who shall assist the 
                Administrator in the management of the 
                Transportation Security Administration. The 
                Deputy Administrator shall be appointed by the 
                President. The Deputy Administrator shall be 
                Acting Administrator during the absence or 
                incapacity of the Administrator or during a 
                vacancy in the office of Administrator.
                  (B) Qualifications.--The Deputy Administrator 
                must--
                          (i) be a citizen of the United 
                        States; and
                          (ii) have experience in a field 
                        directly related to transportation or 
                        security.
  (c) Limitation on Ownership of Stocks and Bonds.--The [Under 
Secretary] Administrator may not own stock in or bonds of a 
transportation or security enterprise or an enterprise that 
makes equipment that could be used for security purposes.
  [(d) Functions.--The Under Secretary shall be responsible for 
security in all modes of transportation, including--
          [(1) carrying out chapter 449, relating to civil 
        aviation security, and related research and development 
        activities; and
          [(2) security responsibilities over other modes of 
        transportation that are exercised by the Department of 
        Transportation.]
  (d) Functions.--The Administrator shall be responsible for--
          (1) carrying out chapter 449, relating to civil 
        aviation security, and related research and development 
        activities;
          (2) security in land-based transportation, including 
        railroad, highway, pipeline, public transportation, and 
        over-the-road bus; and
          (3) supporting the Coast Guard with maritime 
        security.
  (e) Screening Operations.--The [Under Secretary] 
Administrator shall--
          (1) be responsible for day-to-day Federal security 
        screening operations for passenger air transportation 
        and intrastate air transportation under sections 44901 
        and 44935;
          (2) develop standards for the hiring and retention of 
        security screening personnel;
          (3) train and test security screening personnel; and
          (4) be responsible for hiring and training personnel 
        to provide security screening at all airports in the 
        United States where screening is required under section 
        44901, in consultation with the Secretary of 
        Transportation and the heads of other appropriate 
        Federal agencies and departments.
  (f) Additional Duties and Powers.--In addition to carrying 
out the functions specified in subsections (d) and (e), the 
[Under Secretary] Administrator shall--
          (1) receive, assess, and distribute intelligence 
        information related to transportation security;
          (2) assess threats to transportation;
          (3) develop policies, strategies, and plans for 
        dealing with threats to transportation security;
          (4) make other plans related to transportation 
        security, including coordinating countermeasures with 
        appropriate departments, agencies, and 
        instrumentalities of the United States Government;
          (5) serve as the primary liaison for transportation 
        security to the intelligence and law enforcement 
        communities;
          (6) on a day-to-day basis, manage and provide 
        operational guidance to the field security resources of 
        the Administration, including Federal Security Managers 
        as provided by section 44933;
          (7) enforce security-related regulations and 
        requirements;
          (8) identify and undertake research and development 
        activities necessary to enhance transportation 
        security;
          (9) inspect, maintain, and test security facilities, 
        equipment, and systems;
          (10) ensure the adequacy of security measures for the 
        transportation of cargo;
          (11) oversee the implementation, and ensure the 
        adequacy, of security measures at airports and other 
        transportation facilities;
          (12) require background checks for airport security 
        screening personnel, individuals with access to secure 
        areas of airports, and other transportation security 
        personnel;
          (13) work in conjunction with the Administrator of 
        the Federal Aviation Administration with respect to any 
        actions or activities that may affect aviation safety 
        or air carrier operations;
          (14) work with the International Civil Aviation 
        Organization and appropriate aeronautic authorities of 
        foreign governments under section 44907 to address 
        security concerns on passenger flights by foreign air 
        carriers in foreign air transportation; and
          (15) carry out such other duties, and exercise such 
        other powers, relating to transportation security as 
        the [Under Secretary] Administrator considers 
        appropriate, to the extent authorized by law.
  (g) National Emergency Responsibilities.--
          (1) In general.--[Subject to the direction and 
        control of the Secretary] Subject to the direction and 
        control of the Secretary of Homeland Security, the 
        [Under Secretary] Administrator, during a national 
        emergency, shall have the following responsibilities:
                  (A) To coordinate domestic transportation, 
                including aviation, rail, and other surface 
                transportation, and maritime transportation 
                (including port security).
                  (B) To coordinate and oversee the 
                transportation-related responsibilities of 
                other departments and agencies of the Federal 
                Government other than the Department of Defense 
                and the military departments.
                  (C) To coordinate and provide notice to other 
                departments and agencies of the Federal 
                Government, and appropriate agencies of State 
                and local governments, including departments 
                and agencies for transportation, law 
                enforcement, and border control, about threats 
                to transportation.
                  (D) To carry out such other duties, and 
                exercise such other powers, relating to 
                transportation during a national emergency as 
                the Secretary of Homeland Security shall 
                prescribe.
          (2) Authority of other departments and agencies.--The 
        authority of the [Under Secretary] Administrator under 
        this subsection shall not supersede the authority of 
        any other department or agency of the Federal 
        Government under law with respect to transportation or 
        transportation-related matters, whether or not during a 
        national emergency.
          (3) Circumstances.--The Secretary of Homeland 
        Security shall prescribe the circumstances constituting 
        a national emergency for purposes of this subsection.
  (h) Management of Security Information.--In consultation with 
the Transportation Security Oversight Board, the [Under 
Secretary] Administrator shall--
          (1) enter into memoranda of understanding with 
        Federal agencies or other entities to share or 
        otherwise cross-check as necessary data on individuals 
        identified on Federal agency databases who may pose a 
        risk to transportation or national security;
          (2) establish procedures for notifying the 
        Administrator of the Federal Aviation Administration, 
        appropriate State and local law enforcement officials, 
        and airport or airline security officers of the 
        identity of individuals known to pose, or suspected of 
        posing, a risk of air piracy or terrorism or a threat 
        to airline or passenger safety;
          (3) in consultation with other appropriate Federal 
        agencies and air carriers, establish policies and 
        procedures requiring air carriers--
                  (A) to use information from government 
                agencies to identify individuals on passenger 
                lists who may be a threat to civil aviation or 
                national security; and
                  (B) if such an individual is identified, 
                notify appropriate law enforcement agencies, 
                prevent the individual from boarding an 
                aircraft, or take other appropriate action with 
                respect to that individual; and
          (4) consider requiring passenger air carriers to 
        share passenger lists with appropriate Federal agencies 
        for the purpose of identifying individuals who may pose 
        a threat to aviation safety or national security.
  (i) View of NTSB.--In taking any action under this section 
that could affect safety, the [Under Secretary] Administrator 
shall give great weight to the timely views of the National 
Transportation Safety Board.
  (j) Acquisitions.--
          (1) In general.--The [Under Secretary] Administrator 
        is authorized--
                  (A) to acquire (by purchase, lease, 
                condemnation, or otherwise) such real property, 
                or any interest therein, within and outside the 
                continental United States, as the [Under 
                Secretary] Administrator considers necessary;
                  (B) to acquire (by purchase, lease, 
                condemnation, or otherwise) and to construct, 
                repair, operate, and maintain such personal 
                property (including office space and patents), 
                or any interest therein, within and outside the 
                continental United States, as the [Under 
                Secretary] Administrator considers necessary;
                  (C) to lease to others such real and personal 
                property and to provide by contract or 
                otherwise for necessary facilities for the 
                welfare of its employees and to acquire, 
                maintain, and operate equipment for these 
                facilities;
                  (D) to acquire services, including such 
                personal services as the Secretary of Homeland 
                Security determines necessary, and to acquire 
                (by purchase, lease, condemnation, or 
                otherwise) and to construct, repair, operate, 
                and maintain research and testing sites and 
                facilities; and
                  (E) in cooperation with the Administrator of 
                the Federal Aviation Administration, to utilize 
                the research and development facilities of the 
                Federal Aviation Administration.
          (2) Title.--Title to any property or interest therein 
        acquired pursuant to this subsection shall be held by 
        the Government of the United States.
  (k) Transfers of Funds.--The [Under Secretary] Administrator 
is authorized to accept transfers of unobligated balances and 
unexpended balances of funds appropriated to other Federal 
agencies (as such term is defined in section 551(1) of title 5) 
to carry out [functions transferred, on or after the date of 
enactment of the Aviation and Transportation Security Act,] 
functions assigned by law to the [Under Secretary] 
Administrator.
  (l) Regulations.--
          (1) In general.--The [Under Secretary] Administrator 
        is authorized to issue, rescind, and revise such 
        regulations as are necessary to carry out the functions 
        of the Administration.
          (2) Emergency procedures.--
                  (A) In general.--Notwithstanding any other 
                provision of law or executive order (including 
                an executive order requiring a cost-benefit 
                analysis), if the [Under Secretary] 
                Administrator determines that a regulation or 
                security directive must be issued immediately 
                in order to protect transportation security, 
                the [Under Secretary] Administrator shall issue 
                the regulation or security directive without 
                providing notice or an opportunity for comment 
                and without prior approval of the Secretary.
                  (B) Review by transportation security 
                oversight board.--Any regulation or security 
                directive issued under this paragraph shall be 
                subject to review by the Transportation 
                Security Oversight Board established under 
                section 115. Any regulation or security 
                directive issued under this paragraph shall 
                remain effective for a period not to exceed 90 
                days unless ratified or disapproved by the 
                Board or rescinded by the [Under Secretary] 
                Administrator.
          (3) Factors to consider.--In determining whether to 
        issue, rescind, or revise a regulation under this 
        section, the [Under Secretary] Administrator shall 
        consider, as a factor in the final determination, 
        whether the costs of the regulation are excessive in 
        relation to the enhancement of security the regulation 
        will provide. The [Under Secretary] Administrator may 
        waive requirements for an analysis that estimates the 
        number of lives that will be saved by the regulation 
        and the monetary value of such lives if the [Under 
        Secretary] Administrator determines that it is not 
        feasible to make such an estimate.
          (4) Airworthiness objections by faa.--
                  (A) In general.--The [Under Secretary] 
                Administrator shall not take an aviation 
                security action under this title if the 
                Administrator of the Federal Aviation 
                Administration notifies the [Under Secretary] 
                Administrator that the action could adversely 
                affect the airworthiness of an aircraft.
                  (B) Review by secretary.--Notwithstanding 
                subparagraph (A), the [Under Secretary] 
                Administrator may take such an action, after 
                receiving a notification concerning the action 
                from the [Administrator under subparagraph (A)] 
                Administrator of the Federal Aviation 
                Administration under subparagraph (A), if the 
                Secretary of Transportation subsequently 
                approves the action.
  (m) Personnel and Services; Cooperation by Under Secretary.--
          (1) Authority of under secretary.--In carrying out 
        the functions of the Administration, the [Under 
        Secretary] Administrator shall have the same authority 
        as is provided to the Administrator of the Federal 
        Aviation Administration under subsections (l) and (m) 
        of section 106.
          (2) Authority of agency heads.--The head of a Federal 
        agency shall have the same authority to provide 
        services, supplies, equipment, personnel, and 
        facilities to the [Under Secretary] Administrator as 
        the head has to provide services, supplies, equipment, 
        personnel, and facilities to the Administrator of the 
        Federal Aviation Administration under section 106(m).
  (n) Personnel Management System.--The personnel management 
system established by the Administrator of the Federal Aviation 
Administration under section 40122 shall apply to employees of 
the Transportation Security Administration, or, subject to the 
requirements of such section, the [Under Secretary] 
Administrator may make such modifications to the personnel 
management system with respect to such employees as the [Under 
Secretary] Administrator considers appropriate, such as 
adopting aspects of other personnel systems of the [Department 
of Transportation] Department of Homeland Security.
  (o) Authority of Inspector General.--The Transportation 
Security Administration shall be subject to the Inspector 
General Act of 1978 (5 U.S.C. App.) and other laws relating to 
the authority of the Inspector General of the [Department of 
Transportation] Department of Homeland Security.
  (p) Law Enforcement Powers.--
          (1) In general.--The [Under Secretary] Administrator 
        may designate an employee of the Transportation 
        Security Administration or other Federal agency to 
        serve as a law enforcement officer.
          (2) Powers.--While engaged in official duties of the 
        Administration as required to fulfill the 
        responsibilities under this section, a law enforcement 
        officer designated under paragraph (1) may--
                  (A) carry a firearm;
                  (B) make an arrest without a warrant for any 
                offense against the United States committed in 
                the presence of the officer, or for any felony 
                cognizable under the laws of the United States 
                if the officer has probable cause to believe 
                that the person to be arrested has committed or 
                is committing the felony; and
                  (C) seek and execute warrants for arrest or 
                seizure of evidence issued under the authority 
                of the United States upon probable cause that a 
                violation has been committed.
          (3) Guidelines on exercise of authority.--The 
        authority provided by this subsection shall be 
        exercised in accordance with guidelines prescribed by 
        the [Under Secretary] Administrator, in consultation 
        with the Attorney General of the United States, and 
        shall include adherence to the Attorney General's 
        policy on use of deadly force.
          (4) Revocation or suspension of authority.--The 
        powers authorized by this subsection may be rescinded 
        or suspended should the Attorney General determine that 
        the [Under Secretary] Administrator has not complied 
        with the guidelines prescribed in paragraph (3) and 
        conveys the determination in writing to the [Secretary 
        of Transportation] Secretary of Homeland Security and 
        the [Under Secretary] Administrator.
  (q) Authority to Exempt.--The [Under Secretary] Administrator 
may grant an exemption from a regulation prescribed in carrying 
out this section if the [Under Secretary] Administrator 
determines that the exemption is in the public interest.
  (r) Nondisclosure of Security Activities.--
          (1) In general.--Notwithstanding section 552 of title 
        5, the [Under Secretary] Administrator shall prescribe 
        regulations prohibiting the disclosure of information 
        obtained or developed in carrying out security under 
        authority of the Aviation and Transportation Security 
        Act (Public Law 107-71) or under chapter 449 of this 
        title if the [Under Secretary] Administrator decides 
        that disclosing the information would--
                  (A) be an unwarranted invasion of personal 
                privacy;
                  (B) reveal a trade secret or privileged or 
                confidential commercial or financial 
                information; or
                  (C) be detrimental to the security of 
                transportation.
          (2) Availability of information to congress.--
        Paragraph (1) does not authorize information to be 
        withheld from a committee of Congress authorized to 
        have the information.
          (3) Limitation on transferability of duties.--Except 
        as otherwise provided by law, the [Under Secretary] 
        Administrator may not transfer a duty or power under 
        this subsection to another department, agency, or 
        instrumentality of the United States.
          (4) Limitations.--Nothing in this subsection, or any 
        other provision of law, shall be construed to authorize 
        the designation of information as sensitive security 
        information (as defined in section 1520.5 of title 49, 
        Code of Federal Regulations)--
                  (A) to conceal a violation of law, 
                inefficiency, or administrative error;
                  (B) to prevent embarrassment to a person, 
                organization, or agency;
                  (C) to restrain competition; or
                  (D) to prevent or delay the release of 
                information that does not require protection in 
                the interest of transportation security, 
                including basic scientific research information 
                not clearly related to transportation security.
  (s) Transportation Security Strategic Planning.--
          (1) In general.--The Secretary of Homeland Security 
        shall develop, prepare, implement, and update, as 
        needed--
                  (A) a National Strategy for Transportation 
                Security; and
                  (B) transportation modal security plans 
                addressing security risks, including threats, 
                vulnerabilities, and consequences, for 
                aviation, railroad, ferry, highway, maritime, 
                pipeline, public transportation, over-the-road 
                bus, and other transportation infrastructure 
                assets.
          (2) Role of secretary of transportation.--The 
        Secretary of Homeland Security shall work jointly with 
        the Secretary of Transportation in developing, 
        revising, and updating the documents required by 
        paragraph (1).
          (3) Contents of national strategy for transportation 
        security.--The National Strategy for Transportation 
        Security shall include the following:
                  (A) An identification and evaluation of the 
                transportation assets in the United States 
                that, in the interests of national security and 
                commerce, must be protected from attack or 
                disruption by terrorist or other hostile 
                forces, including modal security plans for 
                aviation, bridge and tunnel, commuter rail and 
                ferry, highway, maritime, pipeline, rail, mass 
                transit, over-the-road bus, and other public 
                transportation infrastructure assets that could 
                be at risk of such an attack or disruption.
                  (B) The development of risk-based priorities, 
                based on risk assessments conducted or received 
                by the Secretary of Homeland Security 
                (including assessments conducted under the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007) across all 
                transportation modes and realistic deadlines 
                for addressing security needs associated with 
                those assets referred to in subparagraph (A).
                  (C) The most appropriate, practical, and 
                cost-effective means of defending those assets 
                against threats to their security.
                  (D) A forward-looking strategic plan that 
                sets forth the agreed upon roles and missions 
                of Federal, State, regional, local, and tribal 
                authorities and establishes mechanisms for 
                encouraging cooperation and participation by 
                private sector entities, including nonprofit 
                employee labor organizations, in the 
                implementation of such plan.
                  (E) A comprehensive delineation of 
                prevention, response, and recovery 
                responsibilities and issues regarding 
                threatened and executed acts of terrorism 
                within the United States and threatened and 
                executed acts of terrorism outside the United 
                States to the extent such acts affect United 
                States transportation systems.
                  (F) A prioritization of research and 
                development objectives that support 
                transportation security needs, giving a higher 
                priority to research and development directed 
                toward protecting vital transportation assets. 
                Transportation security research and 
                development projects shall be based, to the 
                extent practicable, on such prioritization. 
                Nothing in the preceding sentence shall be 
                construed to require the termination of any 
                research or development project initiated by 
                the Secretary of Homeland Security or the 
                Secretary of Transportation before the date of 
                enactment of the Implementing Recommendations 
                of the 9/11 Commission Act of 2007.
                  (G) A 3- and 10-year budget for Federal 
                transportation security programs that will 
                achieve the priorities of the National Strategy 
                for Transportation Security.
                  (H) Methods for linking the individual 
                transportation modal security plans and the 
                programs contained therein, and a plan for 
                addressing the security needs of intermodal 
                transportation.
                  (I) Transportation modal security plans 
                described in paragraph (1)(B), including 
                operational recovery plans to expedite, to the 
                maximum extent practicable, the return to 
                operation of an adversely affected 
                transportation system following a major 
                terrorist attack on that system or other 
                incident. These plans shall be coordinated with 
                the resumption of trade protocols required 
                under section 202 of the SAFE Port Act (6 
                U.S.C. 942) and the National Maritime 
                Transportation Security Plan required under 
                section 70103(a) of title 46.
          (4) [Submissions of plans to congress] submission of 
        plans.--
                  [(A) Initial strategy.--The Secretary of 
                Homeland Security shall submit the National 
                Strategy for Transportation Security, including 
                the transportation modal security plans, 
                developed under this subsection to the 
                appropriate congressional committees not later 
                than April 1, 2005.]
                  [(B)](A) [Subsequent versions] in general.--
                [After December 31, 2005, the] The Secretary of 
                Homeland Security shall submit the National 
                Strategy for Transportation Security, including 
                the transportation modal security plans and any 
                revisions to the National Strategy for 
                Transportation Security and the transportation 
                modal security plans, to appropriate 
                congressional committees not less frequently 
                than April 1 of each even-numbered year.
                  [(C)](B) Periodic progress report.--
                          (i) Requirement for report.--Each 
                        year, in conjunction with the 
                        submission of the budget to Congress 
                        under section 1105(a) of title 31, 
                        United States Code, the Secretary of 
                        Homeland Security shall submit to the 
                        appropriate congressional committees an 
                        assessment of the progress made on 
                        implementing the National Strategy for 
                        Transportation Security, including the 
                        transportation modal security plans.
                          (ii) Content.--Each progress report 
                        submitted under this subparagraph shall 
                        include, at a minimum, the following:
                                  (I) Recommendations for 
                                improving and implementing the 
                                National Strategy for 
                                Transportation Security and the 
                                transportation modal and 
                                intermodal security plans that 
                                the Secretary of Homeland 
                                Security, in consultation with 
                                the Secretary of 
                                Transportation, considers 
                                appropriate.
                                  (II) An accounting of all 
                                grants for transportation 
                                security, including grants and 
                                contracts for research and 
                                development, awarded by the 
                                Secretary of Homeland Security 
                                in the most recent fiscal year 
                                and a description of how such 
                                grants accomplished the goals 
                                of the National Strategy for 
                                Transportation Security.
                                  (III) An accounting of all--
                                          (aa) funds requested 
                                        in the President's 
                                        budget submitted 
                                        pursuant to section 
                                        1105 of title 31 for 
                                        the most recent fiscal 
                                        year for transportation 
                                        security, by mode;
                                          (bb) personnel 
                                        working on 
                                        transportation security 
                                        by mode, including the 
                                        number of contractors; 
                                        and
                                          (cc) information on 
                                        the turnover in the 
                                        previous year among 
                                        senior staff of the 
                                        Department of Homeland 
                                        Security, including 
                                        component agencies, 
                                        working on 
                                        transportation security 
                                        issues. Such 
                                        information shall 
                                        include the number of 
                                        employees who have 
                                        permanently left the 
                                        office, agency, or area 
                                        in which they worked, 
                                        and the amount of time 
                                        that they worked [for 
                                        the Department] for the 
                                        Department of Homeland 
                                        Security.
                          (iii) Written explanation of 
                        transportation security activities not 
                        delineated in the national strategy for 
                        transportation security.--At the end of 
                        each fiscal year, the Secretary of 
                        Homeland Security shall submit to the 
                        appropriate congressional committees a 
                        written explanation of any Federal 
                        transportation security activity that 
                        is inconsistent with the National 
                        Strategy for Transportation Security, 
                        including the amount of funds to be 
                        expended for the activity and the 
                        number of personnel involved.
                  [(D)](C) Classified material.--Any part of 
                the National Strategy for Transportation 
                Security or the transportation modal security 
                plans that involve information that is properly 
                classified under criteria established by 
                Executive order shall be submitted to the 
                appropriate congressional committees separately 
                in a classified format.
                  [(E)](D) Appropriate congressional committees 
                defined.--In this subsection, the term 
                ``appropriate congressional committees'' means 
                the Committee on Transportation and 
                Infrastructure and the Committee on Homeland 
                Security of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation, the Committee on Homeland 
                Security and Governmental Affairs, and the 
                Committee on Banking, Housing, and Urban 
                Affairs of the Senate.
          (5) Priority status.--
                  (A) In general.--The National Strategy for 
                Transportation Security shall be the governing 
                document for Federal transportation security 
                efforts.
                  (B) Other plans and reports.--The National 
                Strategy for Transportation Security shall 
                include, as an integral part or as an 
                appendix--
                          (i) the current National Maritime 
                        Transportation Security Plan under 
                        section 70103 of title 46;
                          (ii) the report required by section 
                        44938 of this title;
                          (iii) transportation modal security 
                        plans required under this section;
                          (iv) the transportation sector 
                        specific plan required under Homeland 
                        Security Presidential Directive-7; and
                          (v) any other transportation security 
                        plan or report that the Secretary of 
                        Homeland Security determines 
                        appropriate for inclusion.
          (6) Coordination.--In carrying out the 
        responsibilities under this section, the Secretary of 
        Homeland Security, in coordination with the Secretary 
        of Transportation, shall consult, as appropriate, with 
        Federal, State, and local agencies, tribal governments, 
        private sector entities (including nonprofit employee 
        labor organizations), institutions of higher learning, 
        and other entities.
          (7) Plan distribution.--The Secretary of Homeland 
        Security shall make available and appropriately 
        publicize an unclassified version of the National 
        Strategy for Transportation Security, including its 
        component transportation modal security plans, to 
        Federal, State, regional, local and tribal authorities, 
        transportation system owners or operators, private 
        sector stakeholders, including nonprofit employee labor 
        organizations representing transportation employees, 
        institutions of higher learning, and other appropriate 
        entities.
  [(u)](t) Transportation Security Information Sharing Plan.--
          (1) Definitions.--In this subsection:
                  (A) Appropriate congressional committees.--
                The term ``appropriate congressional 
                committees'' has the meaning given that term in 
                subsection (s)(4)(E).
                  (B) Plan.--The term ``Plan'' means the 
                Transportation Security Information Sharing 
                Plan established under paragraph (2).
                  (C) Public and private stakeholders.--The 
                term ``public and private stakeholders'' means 
                Federal, State, and local agencies, tribal 
                governments, and appropriate private entities, 
                including nonprofit employee labor 
                organizations representing transportation 
                employees.
                  [(D) Secretary.--The term ``Secretary'' means 
                the Secretary of Homeland Security.]
                  [(E)](D) Transportation security 
                information.--The term ``transportation 
                security information'' means information 
                relating to the risks to transportation modes, 
                including aviation, public transportation, 
                railroad, ferry, highway, maritime, pipeline, 
                and over-the-road bus transportation, and may 
                include specific and general intelligence 
                products, as appropriate.
          (2) Establishment of plan.--The Secretary of Homeland 
        Security, in consultation with the program manager of 
        the information sharing environment established under 
        section 1016 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 485), the Secretary of 
        Transportation, and public and private stakeholders, 
        shall establish a Transportation Security Information 
        Sharing Plan. In establishing the Plan, the Secretary 
        of Homeland Security shall gather input on the 
        development of the Plan from private and public 
        stakeholders and the program manager of the information 
        sharing environment established under section 1016 of 
        the Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485).
          (3) Purpose of plan.--The Plan shall promote sharing 
        of transportation security information between the 
        Department of Homeland Security and public and private 
        stakeholders.
          (4) Content of plan.--The Plan shall include--
                  (A) a description of how intelligence 
                analysts within the Department of Homeland 
                Security will coordinate their activities 
                within the Department and with other Federal, 
                State, and local agencies, and tribal 
                governments, including coordination with 
                existing modal information sharing centers and 
                the center described in section 1410 of the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007;
                  (B) the establishment of a point of contact, 
                which may be a single point of contact within 
                the Department of Homeland Security, for each 
                mode of transportation for the sharing of 
                transportation security information with public 
                and private stakeholders, including an 
                explanation and justification to the 
                appropriate congressional committees if the 
                point of contact established pursuant to this 
                subparagraph differs from the agency within the 
                Department of Homeland Security that has the 
                primary authority, or has been delegated such 
                authority by the Secretary of Homeland 
                Security, to regulate the security of that 
                transportation mode;
                  (C) a reasonable deadline by which the Plan 
                will be implemented; and
                  (D) a description of resource needs for 
                fulfilling the Plan.
          (5) Coordination with information sharing.--The Plan 
        shall be--
                  (A) implemented in coordination, as 
                appropriate, with the program manager for the 
                information sharing environment established 
                under section 1016 of the Intelligence Reform 
                and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485); and
                  (B) consistent with the establishment of the 
                information sharing environment and any 
                policies, guidelines, procedures, instructions, 
                or standards established by the President or 
                the program manager for the implementation and 
                management of the information sharing 
                environment.
          [(6) Reports to congress.--
                  [(A) In general.--Not later than 150 days 
                after the date of enactment of this subsection, 
                and annually thereafter, the Secretary shall 
                submit to the appropriate congressional 
                committees, a report containing the Plan.
                  [(B) Annual report.--Not later than 1 year 
                after the date of enactment of this subsection, 
                the Secretary shall submit to the appropriate 
                congressional committees a report on updates to 
                and the implementation of the Plan.]
          (6) Annual report on plan.--The Secretary of Homeland 
        Security shall annually submit to the appropriate 
        congressional committees a report containing the Plan.
          (7) Security clearances.--The Secretary of Homeland 
        Security shall, to the greatest extent practicable, 
        take steps to expedite the security clearances needed 
        for designated public and private stakeholders to 
        receive and obtain access to classified information 
        distributed under this section, as appropriate.
          (8) Classification of material.--The Secretary of 
        Homeland Security, to the greatest extent practicable, 
        shall provide designated public and private 
        stakeholders with transportation security information 
        in an unclassified format.
  [(v)](u) Enforcement of Regulations and Orders of the 
Secretary of Homeland Security.--
          (1) Application of subsection.--
                  (A) In general.--This subsection applies to 
                the enforcement of regulations prescribed, and 
                orders issued, by the Secretary of Homeland 
                Security under a provision of chapter 701 of 
                title 46 and under a provision of this title 
                other than a provision of chapter 449 (in this 
                subsection referred to as an ``applicable 
                provision of this title'').
                  (B) Violations of chapter 449.--The penalties 
                for violations of regulations prescribed and 
                orders issued by the Secretary of Homeland 
                Security or the Administrator under chapter 449 
                of this title are provided under chapter 463 of 
                this title.
                  (C) Nonapplication to certain violations.--
                          (i) Paragraphs (2) through (5) do not 
                        apply to violations of regulations 
                        prescribed, and orders issued, by the 
                        Secretary of Homeland Security under a 
                        provision of this title--
                                  (I) involving the 
                                transportation of personnel or 
                                shipments of materials by 
                                contractors where the 
                                Department of Defense has 
                                assumed control and 
                                responsibility;
                                  (II) by a member of the armed 
                                forces of the United States 
                                when performing official 
                                duties; or
                                  (III) by a civilian employee 
                                of the Department of Defense 
                                when performing official 
                                duties.
                          (ii) Violations described in 
                        subclause (I), (II), or (III) of clause 
                        (i) shall be subject to penalties as 
                        determined by the Secretary of Defense 
                        or the [Secretary's designee] Secretary 
                        of Defense's designee.
          (2) Civil penalty.--
                  (A) In general.--A person is liable to the 
                United States Government for a civil penalty of 
                not more than $10,000 for a violation of a 
                regulation prescribed, or order issued, by the 
                Secretary of Homeland Security under an 
                applicable provision of this title.
                  (B) Repeat violations.--A separate violation 
                occurs under this paragraph for each day the 
                violation continues.
          (3) Administrative imposition of civil penalties.--
                  (A) In general.--The Secretary of Homeland 
                Security may impose a civil penalty for a 
                violation of a regulation prescribed, or order 
                issued, under an applicable provision of this 
                title. The Secretary shall give written notice 
                of the finding of a violation and the penalty.
                  (B) Scope of civil action.--In a civil action 
                to collect a civil penalty imposed by the 
                Secretary of Homeland Security under this 
                subsection, a court may not re-examine issues 
                of liability or the amount of the penalty.
                  (C) Jurisdiction.--The district courts of the 
                United States shall have exclusive jurisdiction 
                of civil actions to collect a civil penalty 
                imposed by the Secretary of Homeland Security 
                under this subsection if--
                          (i) the amount in controversy is more 
                        than--
                                  (I) $400,000, if the 
                                violation was committed by a 
                                person other than an individual 
                                or small business concern; or
                                  (II) $50,000 if the violation 
                                was committed by an individual 
                                or small business concern;
                          (ii) the action is in rem or another 
                        action in rem based on the same 
                        violation has been brought; or
                          (iii) another action has been brought 
                        for an injunction based on the same 
                        violation.
                  (D) Maximum penalty.--The maximum civil 
                penalty the Secretary of Homeland Security 
                administratively may impose under this 
                paragraph is--
                          (i) $400,000, if the violation was 
                        committed by a person other than an 
                        individual or small business concern; 
                        or
                          (ii) $50,000, if the violation was 
                        committed by an individual or small 
                        business concern.
                  (E) Notice and opportunity to request 
                hearing.--Before imposing a penalty under this 
                section the Secretary of Homeland Security 
                shall provide to the person against whom the 
                penalty is to be imposed--
                          (i) written notice of the proposed 
                        penalty; and
                          (ii) the opportunity to request a 
                        hearing on the proposed penalty, if the 
                        Secretary of Homeland Security receives 
                        the request not later than 30 days 
                        after the date on which the person 
                        receives notice.
          (4) Compromise and setoff.--
                  (A) The Secretary of Homeland Security may 
                compromise the amount of a civil penalty 
                imposed under this subsection.
                  (B) The Government may deduct the amount of a 
                civil penalty imposed or compromised under this 
                subsection from amounts it owes the person 
                liable for the penalty.
          (5) Investigations and proceedings.--Chapter 461 
        shall apply to investigations and proceedings brought 
        under this subsection to the same extent that it 
        applies to investigations and proceedings brought with 
        respect to aviation security duties designated to be 
        carried out by the Secretary of Homeland Security.
          (6) Definitions.--In this subsection:
                  (A) Person.--The term ``person'' does not 
                include--
                          (i) the United States Postal Service; 
                        or
                          (ii) the Department of Defense.
                  (B) Small business concern.--The term ``small 
                business concern'' has the meaning given that 
                term in section 3 of the Small Business Act (15 
                U.S.C. 632).
          (7) Enforcement transparency.--
                  (A) In general.--[Not later than December 31, 
                2008, and annually thereafter, the Secretary] 
                The Secretary of Homeland Security shall--
                          (i) provide an annual summary to the 
                        public of all enforcement actions taken 
                        by the Secretary under this subsection; 
                        and
                          (ii) include in each such summary the 
                        docket number of each enforcement 
                        action, the type of alleged violation, 
                        the penalty or penalties proposed, and 
                        the final assessment amount of each 
                        penalty.
                  (B) Electronic availability.--Each summary 
                under this paragraph shall be made available to 
                the public by electronic means.
                  (C) Relationship to the freedom of 
                information act and the privacy act.--Nothing 
                in this subsection shall be construed to 
                require disclosure of information or records 
                that are exempt from disclosure under sections 
                552 or 552a of title 5.
                  [(D) Enforcement guidance.--Not later than 
                180 days after the enactment of the 
                Implementing Recommendations of the 9/11 
                Commission Act of 2007, the Secretary shall 
                provide a report to the public describing the 
                enforcement process established under this 
                subsection.
  [(w) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Homeland Security for--
          [(1) railroad security--
                  [(A) $488,000,000 for fiscal year 2008;
                  [(B) $483,000,000 for fiscal year 2009;
                  [(C) $508,000,000 for fiscal year 2010; and
                  [(D) $508,000,000 for fiscal year 2011;
          [(2) over-the-road bus and trucking security--
                  [(A) $14,000,000 for fiscal year 2008;
                  [(B) $27,000,000 for fiscal year 2009;
                  [(C) $27,000,000 for fiscal year 2010; and
                  [(D) $27,000,000 for fiscal year 2011; and
          [(3) hazardous material and pipeline security--
                  [(A) $12,000,000 for fiscal year 2008;
                  [(B) $12,000,000 for fiscal year 2009; and
                  [(C) $12,000,000 for fiscal year 2010.]
  (v) Authorization of Appropriations.--There are authorized to 
be appropriated to the Transportation Security Administration 
for salaries, operations, and maintenance of the 
Administration--
          (1) $7,810,196,000 for fiscal year 2018;
          (2) $7,849,247,000 for fiscal year 2019; and
          (3) $7,888,494,000 for fiscal year 2020.
  (w) Leadership and Organization.--
          (1) In general.--For each of the areas described in 
        paragraph (2), the Administrator of the Transportation 
        Security Administration shall appoint at least 1 
        individual who shall--
                  (A) report directly to the Administrator or 
                the Administrator's designated direct report; 
                and
                  (B) be responsible and accountable for that 
                area.
          (2) Areas described.--The areas described in this 
        paragraph are as follows:
                  (A) Aviation security operations and 
                training, including risk-based, adaptive 
                security focused on airport checkpoint and 
                baggage screening operations, cargo 
                inspections, workforce training and development 
                programs, and other specialized programs 
                designed to secure air transportation.
                  (B) Surface transportation security 
                operations and training, including risk-based, 
                adaptive security focused on accomplishing 
                security systems assessments, reviewing and 
                prioritizing projects for appropriated surface 
                transportation security grants, operator 
                compliance with voluntary industry standards, 
                workforce training and development programs, 
                and other specialized programs designed to 
                secure surface transportation.
                  (C) Security policy and industry engagement 
                and planning, including the development, 
                interpretation, promotion, and oversight of a 
                unified effort regarding risk-based, risk-
                reducing security policies and plans (including 
                strategic planning for future contingencies and 
                security challenges) between government and 
                transportation stakeholders, including 
                airports, domestic and international airlines, 
                general aviation, air cargo, mass transit and 
                passenger rail, freight rail, pipeline, highway 
                and motor carriers, and maritime.
                  (D) International strategy and operations, 
                including agency efforts to work with 
                international partners to secure the global 
                transportation network.
                  (E) Trusted and registered traveler programs, 
                including the management and marketing of the 
                agency's trusted traveler initiatives, 
                including the PreCheck Program, and 
                coordination with trusted traveler programs of 
                other Department of Homeland Security agencies 
                and the private sector.
                  (F) Technology acquisition and deployment, 
                including the oversight, development, testing, 
                evaluation, acquisition, deployment, and 
                maintenance of security technology and other 
                acquisition programs.
                  (G) Inspection and compliance, including the 
                integrity, efficiency and effectiveness of the 
                agency's workforce, operations, and programs 
                through objective audits, covert testing, 
                inspections, criminal investigations, and 
                regulatory compliance.
                  (H) Civil rights, liberties, and traveler 
                engagement, including ensuring that agency 
                employees and the traveling public are treated 
                in a fair and lawful manner consistent with 
                federal laws and regulations protecting privacy 
                and prohibiting discrimination and reprisal.
                  (I) Legislative and public affairs, including 
                communication and engagement with internal and 
                external audiences in a timely, accurate, and 
                transparent manner, and development and 
                implementation of strategies within the agency 
                to achieve congressional approval or 
                authorization of agency programs and policies.
          (3) Notification.--The Administrator shall transmit 
        to the appropriate committees of Congress--
                  (A) not later than 180 days after the date of 
                enactment of the TSA Modernization Act, a list 
                of the names of the individuals appointed under 
                paragraph (1); and
                  (B) an update of the list not later than 5 
                days after any new individual is appointed 
                under paragraph (1).

Sec. 115. Transportation Security Oversight Board

  (a) * * *
  (c) Duties.--The Board shall--
          (1) review and ratify or disapprove any regulation or 
        security directive issued by the [Under Secretary of 
        Transportation for security] Administrator of the 
        Transportation Security Administration under section 
        114(l)(2) within 30 days after the date of issuance of 
        such regulation or directive;
          (2) facilitate the coordination of intelligence, 
        security, and law enforcement activities affecting 
        transportation;
          (3) facilitate the sharing of intelligence, security, 
        and law enforcement information affecting 
        transportation among Federal agencies and with carriers 
        and other transportation providers as appropriate;
          (4) explore the technical feasibility of developing a 
        common database of individuals who may pose a threat to 
        transportation or national security;
          (5) review plans for transportation security;
          (6) make recommendations to the [Under Secretary] 
        Administrator regarding matters reviewed under 
        paragraph (5).
  (d) Quarterly Meetings.--The Board shall meet at least 
quarterly.
  (e) Consideration of Security Information.--A majority of the 
Board may vote to close a meeting of the Board to the public, 
except that meetings shall be closed to the public whenever 
classified, sensitive security information, or information 
protected in accordance with section 40119(b), will be 
discussed.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                           SUBPART I. GENERAL

                    CHAPTER 401. GENERAL PROVISIONS

Sec. 40109. Authority to exempt

  (a) * * *
  (b) Safety Regulation.--The Administrator of the Federal 
Aviation Administration may grant an exemption from a 
regulation prescribed in carrying out sections 40103(b)(1) and 
(2)[, 40119, 44901, 44903, 44906, and 44935-44937] of this 
title when the Administrator decides the exemption is in the 
public interest.
  (c) Other Economic Regulation.--Except as provided in this 
section, the Secretary may exempt to the extent the Secretary 
considers necessary a person or class of persons from a 
provision of chapter 411, chapter 413 (except sections 41307 
and 41310(b)-(f)), chapter 415 (except sections 41502, 41505, 
and 41507-41509), chapter 417 (except sections 41703, 41704, 
41710, 41713, and 41714), chapter 419, subchapter II of chapter 
421, and [sections 44909] sections 44909(a), 44909(b), and 
46301(b) of this title, or a regulation or term prescribed 
under any of those provisions, when the Secretary decides that 
the exemption is consistent with the public interest.
  (d) * * *

Sec. 40113. Administrative

  (a) General Authority.--The Secretary of Transportation (or 
[the Under Secretary of Transportation for Security with 
respect to security duties and powers designated to be carried 
out by the Under Secretary or] the Administrator of the 
Transportation Security Administration with respect to security 
duties and powers designated to be carried out by that 
Administrator or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and 
powers designated to be [carried out by the Administrator] 
carried out by that Administrator) may take action the 
Secretary[, Under Secretary, or Administrator,], Administrator 
of the Transportation Security Administration, or Administrator 
of the Federal Aviation Administration, as appropriate, 
considers necessary to carry out this part, including 
conducting investigations, prescribing regulations, standards, 
and procedures, and issuing orders.
  (b) Hazardous Material.--In carrying out this part, the 
Secretary has the same authority to regulate the transportation 
of hazardous material by air that the Secretary has under 
section 5103 of this title. However, this subsection does not 
prohibit or regulate the transportation of a firearm (as 
defined in section 232 of title 18) or ammunition for a 
firearm, when transported by an individual for personal use.
  (c) Governmental Assistance.--The Secretary (or the 
Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be 
carried out by the Administrator) may use the assistance of the 
Administrator of the National Aeronautics and Space 
Administration and any research or technical department, 
agency, or instrumentality of the United States Government on 
matters related to aircraft fuel and oil, and to the design, 
material, workmanship, construction, performance, maintenance, 
and operation of aircraft, aircraft engines, propellers, 
appliances, and air navigation facilities. Each department, 
agency, and instrumentality may conduct scientific and 
technical research, investigations, and tests necessary to 
assist the Secretary or Administrator of the Federal Aviation 
Administration in carrying out this part. This part does not 
authorize duplicating laboratory research activities of a 
department, agency, or instrumentality.
  (d) Indemnification.--The [Under Secretary of Transportation 
for Security or the] Administrator of the Federal Aviation 
Administration may indemnify an officer or employee of the 
[Transportation Security Administration or Federal Aviation 
Administration, as the case may be,] Federal Aviation 
Administration against a claim or judgment arising out of an 
act that the [Under Secretary or Administrator, as the case may 
be,] Administrator decides was committed within the scope of 
the official duties of the officer or employee.
  (e) * * *

[Sec. 40119. Security and research and development activities

  [(a) General Requirements.--The Under Secretary of 
Transportation for Security and the Administrator of the 
Federal Aviation Administration each shall conduct research 
(including behavioral research) and development activities 
appropriate to develop, modify, test, and evaluate a system, 
procedure, facility, or device to protect passengers and 
property against acts of criminal violence, aircraft piracy, 
and terrorism and to ensure security.
  [(b) Disclosure.--
          [(1) Notwithstanding section 552 of title 5 and the 
        establishment of a Department of Homeland Security, the 
        Secretary of Transportation shall prescribe regulations 
        prohibiting disclosure of information obtained or 
        developed in ensuring security under this title if the 
        Secretary of Transportation decides disclosing the 
        information would--
                  [(A) be an unwarranted invasion of personal 
                privacy;
                  [(B) reveal a trade secret or privileged or 
                confidential commercial or financial 
                information; or
                  [(C) be detrimental to transportation safety.
          [(2) Paragraph (1) of this subsection does not 
        authorize information to be withheld from a committee 
        of Congress authorized to have the information.
          [(3) Nothing in paragraph (1) shall be construed to 
        authorize the designation of information as sensitive 
        security information (as defined in section 15.5 of 
        title 49, Code of Federal Regulations)--
                  [(A) to conceal a violation of law, 
                inefficiency, or administrative error;
                  [(B) to prevent embarrassment to a person, 
                organization, or agency;
                  [(C) to restrain competition; or
                  [(D) to prevent or delay the release of 
                information that does not require protection in 
                the interest of transportation security, 
                including basic scientific research information 
                not clearly related to transportation security.
          [(4) Section 552a of title 5 shall not apply to 
        disclosures that the Administrator may make from the 
        systems of records of the Administration to any Federal 
        law enforcement, intelligence, protective service, 
        immigration, or national security official in order to 
        assist the official receiving the information in the 
        performance of official duties.
  [(c) Transfers of Duties and Powers Prohibited.--Except as 
otherwise provided by law, the Under Secretary may not transfer 
a duty or power under this section to another department, 
agency, or instrumentality of the United States Government.]

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                         CHAPTER 449. SECURITY

                       SUBCHAPTER I. REQUIREMENTS

Sec. 44901. Screening passengers and property

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

Sec. 44902. Refusal to transport passengers and property

  (a) Mandatory Refusal.--The [Under Secretary of 
Transportation for Security] Administrator of the 
Transportation Security Administration shall prescribe 
regulations requiring an air carrier, intrastate air carrier, 
or foreign air carrier to refuse to transport--
          (1) a passenger who does not consent to a search 
        under section 44901(a) of this title establishing 
        whether the passenger is carrying unlawfully a 
        dangerous weapon, explosive, or other destructive 
        substance; or
          (2) property of a passenger who does not consent to a 
        search of the property establishing whether the 
        property unlawfully contains a dangerous weapon, 
        explosive, or other destructive substance.
  (b) Permissive Refusal.--Subject to regulations of the [Under 
Secretary] Administrator of the Transportation Security 
Administration, an air carrier, intrastate air carrier, or 
foreign air carrier may refuse to transport a passenger or 
property the carrier decides is, or might be, inimical to 
safety.
  (c) Agreeing to Consent to Search.--An agreement to carry 
passengers or property in air transportation or intrastate air 
transportation by an air carrier, intrastate air carrier, or 
foreign air carrier is deemed to include an agreement that the 
passenger or property will not be carried if consent to search 
the passenger or property for a purpose referred to in this 
section is not given.

Sec. 44903. Air transportation security

  (a) [Definition] Definitions.--[In this section, ``law 
enforcement personnel'' means individuals--] In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Transportation Security 
        Administration.
          (2) Law enforcement personnel.--The term ``law 
        enforcement personnel'' means individuals--
          [(1)](A) authorized to carry and use firearms;
          [(2)](B) vested with the degree of the police power 
        of arrest the [Under Secretary of Transportation for 
        Security] Administrator considers necessary to carry 
        out this section; and
          [(3)](C) identifiable by appropriate indicia of 
        authority.
  (b) Protection Against Violence and Piracy.--The [Under 
Secretary] Administrator shall prescribe regulations to protect 
passengers and property on an aircraft operating in air 
transportation or intrastate air transportation against an act 
of criminal violence or aircraft piracy. When prescribing a 
regulation under this subsection, the [Under Secretary] 
Administrator shall--
          (1) consult with the Secretary of Transportation, the 
        Attorney General, the heads of other departments, 
        agencies, and instrumentalities of the United States 
        Government, and State and local authorities;
          (2) consider whether a proposed regulation is 
        consistent with--
                  (A) protecting passengers; and
                  (B) the public interest in promoting air 
                transportation and intrastate air 
                transportation;
          (3) to the maximum extent practicable, require a 
        uniform procedure for searching and detaining 
        passengers and property to ensure--
                  (A) their safety; and
                  (B) courteous and efficient treatment by an 
                air carrier, an agent or employee of an air 
                carrier, and Government, State, and local law 
                enforcement personnel carrying out this 
                section; and
          (4) consider the extent to which a proposed 
        regulation will carry out this section.
  (c) Security Programs.--
          (1) The [Under Secretary] Administrator shall 
        prescribe regulations under subsection (b) of this 
        section that require each operator of an airport 
        regularly serving an air carrier holding a certificate 
        issued by the Secretary of Transportation to establish 
        an air transportation security program that provides a 
        law enforcement presence and capability at each of 
        those airports that is adequate to ensure the safety of 
        passengers. The regulations shall authorize the 
        operator to use the services of qualified State, local, 
        and private law enforcement personnel. When the [Under 
        Secretary] Administrator decides, after being notified 
        by an operator in the form the [Under Secretary] 
        Administrator prescribes, that not enough qualified 
        State, local, and private law enforcement personnel are 
        available to carry out subsection (b), the [Under 
        Secretary] Administrator may authorize the operator to 
        use, on a reimbursable basis, personnel employed by the 
        [Under Secretary] Administrator, or by another 
        department, agency, or instrumentality of the 
        Government with the consent of the head of the 
        department, agency, or instrumentality, to supplement 
        State, local, and private law enforcement personnel. 
        When deciding whether additional personnel are needed, 
        the [Under Secretary] Administrator shall consider the 
        number of passengers boarded at the airport, the extent 
        of anticipated risk of criminal violence or aircraft 
        piracy at the airport or to the air carrier aircraft 
        operations at the airport, and the availability of 
        qualified State or local law enforcement personnel at 
        the airport.
          (2)(A) The [Under Secretary] Administrator may 
        approve a security program of an airport operator, or 
        an amendment in an existing program, that incorporates 
        a security program of an airport tenant (except an air 
        carrier separately complying with part 108 or 129 of 
        title 14, Code of Federal Regulations) having access to 
        a secured area of the airport, if the program or 
        amendment incorporates--
                          (i) the measures the tenant will use, 
                        within the tenant's leased areas or 
                        areas designated for the tenant's 
                        exclusive use under an agreement with 
                        the airport operator, to carry out the 
                        security requirements imposed by the 
                        [Under Secretary] Administrator on the 
                        airport operator under the access 
                        control system requirements of section 
                        107.14 of title 14, Code of Federal 
                        Regulations, or under other 
                        requirements of part 107 of title 14; 
                        and
                          (ii) the methods the airport operator 
                        will use to monitor and audit the 
                        tenant's compliance with the security 
                        requirements and provides that the 
                        tenant will be required to pay monetary 
                        penalties to the airport operator if 
                        the tenant fails to carry out a 
                        security requirement under a 
                        contractual provision or requirement 
                        imposed by the airport operator.
                  (B) If the [Under Secretary] Administrator 
                approves a program or amendment described in 
                subparagraph (A) of this paragraph, the airport 
                operator may not be found to be in violation of 
                a requirement of this subsection or subsection 
                (b) of this section when the airport operator 
                demonstrates that the tenant or an employee, 
                permittee, or invitee of the tenant is 
                responsible for the violation and that the 
                airport operator has complied with all measures 
                in its security program for securing compliance 
                with its security program by the tenant.
                  (C) Maximum use of chemical and biological 
                weapon detection equipment.--The Secretary of 
                Transportation may require airports to maximize 
                the use of technology and equipment that is 
                designed to detect or neutralize potential 
                chemical or biological weapons.
          (3) Pilot programs.--The Administrator shall 
        establish pilot programs in no fewer than 20 airports 
        to test and evaluate new and emerging technology for 
        providing access control and other security protections 
        for closed or secure areas of the airports. Such 
        technology may include biometric or other technology 
        that ensures only authorized access to secure areas.
  (d) Authorizing Individuals to Carry Firearms and Make 
Arrests.--With the approval of the Attorney General and the 
Secretary of State, the [Secretary of Transportation] 
Administrator may authorize an individual who carries out air 
transportation security duties--
          (1) to carry firearms; and
          (2) to make arrests without warrant for an offense 
        against the United States committed in the presence of 
        the individual or for a felony under the laws of the 
        United States, if the individual reasonably believes 
        the individual to be arrested has committed or is 
        committing a felony.
  (e) Exclusive Responsibility Over Passenger Safety.--The 
[Under Secretary] Administrator has the exclusive 
responsibility to direct law enforcement activity related to 
the safety of passengers on an aircraft involved in an offense 
under section 46502 of this title from the moment all external 
doors of the aircraft are closed following boarding until those 
doors are opened to allow passengers to leave the aircraft. 
When requested by the [Under Secretary] Administrator, other 
departments, agencies, and instrumentalities of the Government 
shall provide assistance necessary to carry out this 
subsection.
  (f) Government and Industry Consortia.--The [Under Secretary] 
Administrator may establish at airports such consortia of 
government and aviation industry representatives as the [Under 
Secretary] Administrator may designate to provide advice on 
matters related to aviation security and safety. Such consortia 
shall not be considered Federal advisory committees for 
purposes of the Federal Advisory Committee Act (5 U.S.C. App.).
  (g) Improvement of Secured-area Access Control.--
          (1) Enforcement.--
                  (A) [Under secretary] administrator to 
                publish sanctions.--The [Under Secretary] 
                Administrator shall publish in the Federal 
                Register a list of sanctions for use as 
                guidelines in the discipline of employees for 
                infractions of airport access control 
                requirements. The guidelines shall incorporate 
                a progressive disciplinary approach that 
                relates proposed sanctions to the severity or 
                recurring nature of the infraction and shall 
                include measures such as remedial training, 
                suspension from security-related duties, 
                suspension from all duties without pay, and 
                termination of employment.
                  (B) Use of sanctions.--Each airport operator, 
                air carrier, and security screening company 
                shall include the list of sanctions published 
                by the [Under Secretary] Administrator in its 
                security program. The security program shall 
                include a process for taking prompt 
                disciplinary action against an employee who 
                commits an infraction of airport access control 
                requirements.
          (2) Improvements.--The [Under Secretary] 
        Administrator shall--
                  (A) work with airport operators and air 
                carriers to implement and strengthen existing 
                controls to eliminate airport access control 
                weaknesses;
                  (B) require airport operators and air 
                carriers to develop and implement comprehensive 
                and recurring training programs that teach 
                employees their roles in airport security, the 
                importance of their participation, how their 
                performance will be evaluated, and what action 
                will be taken if they fail to perform;
                  (C) require airport operators and air 
                carriers to develop and implement programs that 
                foster and reward compliance with airport 
                access control requirements and discourage and 
                penalize noncompliance in accordance with 
                guidelines issued by the [Under Secretary] 
                Administrator to measure employee compliance;
                  (D) on an ongoing basis, assess and test for 
                compliance with access control requirements, 
                report annually findings of the assessments, 
                and assess the effectiveness of penalties in 
                ensuring compliance with security procedures 
                and take any other appropriate enforcement 
                actions when noncompliance is found;
                  (E) improve and better administer the [Under 
                Secretary's] Administrator's security database 
                to ensure its efficiency, reliability, and 
                usefulness for identification of systemic 
                problems and allocation of resources;
                  (F) improve the execution of the [Under 
                Secretary's] Administrator's quality control 
                program; and
                  (G) work with airport operators to strengthen 
                access control points in secured areas 
                (including air traffic control operations 
                areas, maintenance areas, crew lounges, baggage 
                handling areas, concessions, and catering 
                delivery areas) to ensure the security of 
                passengers and aircraft and consider the 
                deployment of biometric or similar technologies 
                that identify individuals based on unique 
                personal characteristics.
  (h) Improved Airport Perimeter Access Security.--
          (1) In general.--The [Under Secretary] Administrator, 
        in consultation with the airport operator and law 
        enforcement authorities, may order the deployment of 
        such personnel at any secure area of the airport as 
        necessary to counter the risk of criminal violence, the 
        risk of aircraft piracy at the airport, the risk to air 
        carrier aircraft operations at the airport, or to meet 
        national security concerns.
          (2) Security of aircraft and ground access to secure 
        areas.--In determining where to deploy such personnel, 
        the [Under Secretary] Administrator shall consider the 
        physical security needs of air traffic control 
        facilities, parked aircraft, aircraft servicing 
        equipment, aircraft supplies (including fuel), 
        automobile parking facilities within airport perimeters 
        or adjacent to secured facilities, and access and 
        transition areas at airports served by other means of 
        ground or water transportation.
          (3) Deployment of federal law enforcement 
        personnel.--The [Secretary] Secretary of Homeland 
        Security may enter into a memorandum of understanding 
        or other agreement with the Attorney General or the 
        head of any other appropriate Federal law enforcement 
        agency to deploy Federal law enforcement personnel at 
        an airport in order to meet aviation safety and 
        security concerns.
          (4) Airport perimeter screening.--The [Under 
        Secretary] Administrator--
                  (A) shall require[, as soon as practicable 
                after the date of enactment of this 
                subsection,] screening or inspection of all 
                individuals, goods, property, vehicles, and 
                other equipment before entry into a secured 
                area of an airport in the United States 
                described in section 44903(c);
                  (B) shall prescribe specific requirements for 
                such screening and inspection that will assure 
                at least the same level of protection as will 
                result from screening of passengers and their 
                baggage;
                  (C) shall establish procedures to ensure the 
                safety and integrity of--
                          (i) all persons providing services 
                        with respect to aircraft providing 
                        passenger air transportation or 
                        intrastate air transportation and 
                        facilities of such persons at an 
                        airport in the United States described 
                        in [section 44903(c)] subsection (c);
                          (ii) all supplies, including catering 
                        and passenger amenities, placed aboard 
                        such aircraft, including the sealing of 
                        supplies to ensure easy visual 
                        detection of tampering; and
                          (iii) all persons providing such 
                        supplies and facilities of such 
                        persons;
                  (D) shall require vendors having direct 
                access to the airfield and aircraft to develop 
                security programs; and
                  (E) shall issue[, not later than March 31, 
                2005,] guidance for the use of biometric or 
                other technology that positively verifies the 
                identity of each employee and law enforcement 
                officer who enters a secure area of an airport.
          (5) Use of biometric technology in airport access 
        control systems.--In issuing guidance under paragraph 
        (4)(E), the [Assistant Secretary of Homeland Security 
        (Transportation Security Administration)] Administrator 
        in consultation with representatives of the aviation 
        industry, the biometric identifier industry, and the 
        National Institute of Standards and Technology, shall 
        establish, at a minimum--
                  (A) comprehensive technical and operational 
                system requirements and performance standards 
                for the use of biometric identifier technology 
                in airport access control systems (including 
                airport perimeter access control systems) to 
                ensure that the biometric identifier systems 
                are effective, reliable, and secure;
                  (B) a list of products and vendors that meet 
                the requirements and standards set forth in 
                subparagraph (A);
                  (C) procedures for implementing biometric 
                identifier systems--
                          (i) to ensure that individuals do not 
                        use an assumed identity to enroll in a 
                        biometric identifier system; and
                          (ii) to resolve failures to enroll, 
                        false matches, and false non-matches; 
                        and
                  (D) best practices for incorporating 
                biometric identifier technology into airport 
                access control systems in the most effective 
                manner, including a process to best utilize 
                existing airport access control systems, 
                facilities, and equipment and existing data 
                networks connecting airports.
          (6) Use of biometric technology for armed law 
        enforcement travel.--
                  (A) In general.--[Not later than 18 months 
                after the date of enactment of the Implementing 
                Recommendations of the 9/11 Commission Act of 
                2007, the] The Secretary of Homeland Security, 
                in consultation with the Attorney General, 
                shall--
                          (i) implement this [section] 
                        paragraph by publication in the Federal 
                        Register; and
                          (ii) establish a national registered 
                        armed law enforcement program, that 
                        shall be Federally managed, for law 
                        enforcement officers needing to be 
                        armed when traveling by commercial 
                        aircraft.
                  (B) Program requirements.--The program 
                shall--
                          (i) establish a credential or a 
                        system that incorporates biometric 
                        technology and other applicable 
                        technologies;
                          (ii) establish a system for law 
                        enforcement officers who need to be 
                        armed when traveling by commercial 
                        aircraft on a regular basis and for 
                        those who need to be armed during 
                        temporary travel assignments;
                          (iii) comply with other uniform 
                        credentialing initiatives, including 
                        the Homeland Security Presidential 
                        Directive 12;
                          (iv) apply to all Federal, State, 
                        local, tribal, and territorial 
                        government law enforcement agencies; 
                        and
                          (v) establish a process by which the 
                        travel credential or system may be used 
                        to verify the identity, using biometric 
                        technology, of a Federal, State, local, 
                        tribal, or territorial law enforcement 
                        officer seeking to carry a weapon on 
                        board a commercial aircraft, without 
                        unnecessarily disclosing to the public 
                        that the individual is a law 
                        enforcement officer.
                  (C) Procedures.--In establishing the program, 
                the [Secretary] Secretary of Homeland Security 
                shall develop procedures--
                          (i) to ensure that a law enforcement 
                        officer of a Federal, State, local, 
                        tribal, or territorial government 
                        flying armed has a specific reason for 
                        flying armed and the reason is within 
                        the scope of the duties of such 
                        officer;
                          (ii) to preserve the anonymity of the 
                        armed law enforcement officer;
                          (iii) to resolve failures to enroll, 
                        false matches, and false nonmatches 
                        relating to the use of the law 
                        enforcement travel credential or 
                        system;
                          (iv) to determine the method of 
                        issuance of the biometric credential to 
                        law enforcement officers needing to be 
                        armed when traveling by commercial 
                        aircraft;
                          (v) to invalidate any law enforcement 
                        travel credential or system that is 
                        lost, stolen, or no longer authorized 
                        for use;
                          (vi) to coordinate the program with 
                        the Federal Air Marshal Service, 
                        including the force multiplier program 
                        of the Service; and
                          (vii) to implement a phased approach 
                        to launching the program, addressing 
                        the immediate needs of the relevant 
                        Federal agent population before 
                        expanding to other law enforcement 
                        populations.
          (7) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Biometric identifier information.--The 
                term ``biometric identifier information'' means 
                the distinct physical or behavioral 
                characteristics of an individual that are used 
                for unique identification, or verification of 
                the identity, of an individual.
                  (B) Biometric identifier.--The term 
                ``biometric identifier'' means a technology 
                that enables the automated identification, or 
                verification of the identity, of an individual 
                based on biometric information.
                  (C) Failure to enroll.--The term ``failure to 
                enroll'' means the inability of an individual 
                to enroll in a biometric identifier system due 
                to an insufficiently distinctive biometric 
                sample, the lack of a body part necessary to 
                provide the biometric sample, a system design 
                that makes it difficult to provide consistent 
                biometric identifier information, or other 
                factors.
                  (D) False match.--The term ``false match'' 
                means the incorrect matching of one 
                individual's biometric identifier information 
                to another individual's biometric identifier 
                information by a biometric identifier system.
                  (E) False non-match.--The term ``false non-
                match'' means the rejection of a valid identity 
                by a biometric identifier system.
                  (F) Secure area of an airport.--The term 
                ``secure area of an airport'' means the sterile 
                area and the Secure Identification Display Area 
                of an airport (as such terms are defined in 
                section 1540.5 of title 49, Code of Federal 
                Regulations, or any successor regulation to 
                such section).
  (i) Authority to Arm Flight Deck Crew With Less-than-lethal 
Weapons.--
          (1) In general.--If the [Under Secretary] 
        Administrator, after receiving the recommendations of 
        the National Institute of Justice, determines, with the 
        approval of the Attorney General and the Secretary of 
        State, that it is appropriate and necessary and would 
        effectively serve the public interest in avoiding air 
        piracy, the [Under Secretary] Administrator may 
        authorize members of the flight deck crew on any 
        aircraft providing air transportation or intrastate air 
        transportation to carry a less-than-lethal weapon while 
        the aircraft is engaged in providing such 
        transportation.
          (2) Usage.--If the [Under Secretary] Administrator 
        grants authority under paragraph (1) for flight deck 
        crew members to carry a less-than-lethal weapon while 
        engaged in providing air transportation or intrastate 
        air transportation, the [Under Secretary] Administrator 
        shall--
                  (A) prescribe rules requiring that any such 
                crew member be trained in the proper use of the 
                weapon; and
                  (B) prescribe guidelines setting forth the 
                circumstances under which such weapons may be 
                used.
          (3) Request of air carriers to use less-than-lethal 
        weapons.--If[, after the date of enactment of this 
        paragraph,] the [Under Secretary] Administrator 
        receives a request from an air carrier for 
        authorization to allow pilots of the air carrier to 
        carry less-than-lethal weapons, the [Under Secretary] 
        Administrator shall respond to that request within 90 
        days.
  (j) Short-term Assessment and Deployment of Emerging Security 
Technologies and Procedures.--
          [(1) In general.--The Under Secretary of 
        Transportation for Security shall recommend to airport 
        operators, within 6 months after the date of enactment 
        of the Aviation and Transportation Security Act, 
        commercially available measures or procedures to 
        prevent access to secure airport areas by unauthorized 
        persons. As part of the 6-month assessment, the Under 
        Secretary for Transportation Security shall--
                  [(A) review the effectiveness of biometrics 
                systems currently in use at several United 
                States airports, including San Francisco 
                International;
                  [(B) review the effectiveness of increased 
                surveillance at access points;
                  [(C) review the effectiveness of card- or 
                keypad-based access systems;
                  [(D) review the effectiveness of airport 
                emergency exit systems and determine whether 
                those that lead to secure areas of the airport 
                should be monitored or how breaches can be 
                swiftly responded to; and
                  [(E) specifically target the elimination of 
                the ``piggy-backing'' phenomenon, where another 
                person follows an authorized person through the 
                access point.
          [The 6-month assessment shall include a 12-month 
        deployment strategy for currently available technology 
        at all category X airports, as defined in the Federal 
        Aviation Administration approved air carrier security 
        programs required under part 108 of title 14, Code of 
        Federal Regulations. Not later than 18 months after the 
        date of enactment of this Act, the Secretary of 
        Transportation shall conduct a review of reductions in 
        unauthorized access at these airports.]
          (1) In general.--The Administrator shall periodically 
        recommend to airport operators commercially available 
        measures or procedures to prevent access to secure 
        airport areas by unauthorized persons.
          (2) [Computer-assisted passenger prescreening system] 
        secure flight program.--
                  (A) In general.--The [Secretary of 
                Transportation] Administrator shall ensure that 
                the [Computer-Assisted Passenger Prescreening 
                System] Secure Flight program, or any successor 
                [system] program--
                          (i) is used to evaluate all 
                        passengers before they board an 
                        aircraft; and
                          (ii) includes procedures to ensure 
                        that individuals selected by the 
                        [system] program and their carry-on and 
                        checked baggage are adequately 
                        screened.
                  (B) Modifications.--The [Secretary of 
                Transportation] Administrator may modify any 
                requirement under the [Computer-Assisted 
                Passenger Prescreening System] Secure Flight 
                program for flights that originate and 
                terminate within the same State, if the 
                [Secretary] Administrator determines that--
                          (i) the State has extraordinary air 
                        transportation needs or concerns due to 
                        its isolation and dependence on air 
                        transportation; and
                          (ii) the routine characteristics of 
                        passengers, given the nature of the 
                        market, regularly triggers primary 
                        selectee status.
                  (C) Advanced airline passenger 
                prescreening.--
                          (i) Commencement of testing.--[Not 
                        later than January 1, 2005, the 
                        Assistant Secretary of Homeland 
                        Security (Transportation Security 
                        Administration), or the designee of the 
                        Assistant Secretary,] The Administrator 
                        shall commence testing of an advanced 
                        passenger prescreening system that will 
                        allow the Department of Homeland 
                        Security to assume the performance of 
                        comparing passenger information, as 
                        defined by the [Assistant Secretary] 
                        Administrator, to the automatic 
                        selectee and no fly lists, utilizing 
                        all appropriate records in the 
                        consolidated and integrated terrorist 
                        watchlist maintained by the Federal 
                        Government.
                          (ii) Assumption of function.--[Not 
                        later than 180 days after completion of 
                        testing under clause (i), the] The 
                        [Assistant Secretary] Administrator, or 
                        the designee of the [Assistant 
                        Secretary] Administrator, shall begin 
                        to assume the performance of the 
                        passenger prescreening function of 
                        comparing passenger information to the 
                        automatic selectee and no fly lists and 
                        utilize all appropriate records in the 
                        consolidated and integrated terrorist 
                        watchlist maintained by the Federal 
                        Government in performing that function.
                          (iii) Requirements.--In assuming 
                        performance of the function under 
                        clause (ii), the [Assistant Secretary] 
                        Administrator shall--
                                  (I) establish a procedure to 
                                enable airline passengers, who 
                                are delayed or prohibited from 
                                boarding a flight because the 
                                advanced passenger prescreening 
                                system determined that they 
                                might pose a security threat, 
                                to appeal such determination 
                                and correct information 
                                contained in the system;
                                  (II) ensure that Federal 
                                Government databases that will 
                                be used to establish the 
                                identity of a passenger under 
                                the system will not produce a 
                                large number of false 
                                positives;
                                  (III) establish an internal 
                                oversight board to oversee and 
                                monitor the manner in which the 
                                system is being implemented;
                                  (IV) establish sufficient 
                                operational safeguards to 
                                reduce the opportunities for 
                                abuse;
                                  (V) implement substantial 
                                security measures to protect 
                                the system from unauthorized 
                                access;
                                  (VI) adopt policies 
                                establishing effective 
                                oversight of the use and 
                                operation of the system; and
                                  (VII) ensure that there are 
                                no specific privacy concerns 
                                with the technological 
                                architecture of the system.
                          (iv) Passenger information.--[Not 
                        later than 180 days after] After the 
                        completion of the testing of the 
                        advanced passenger prescreening system, 
                        the [Assistant Secretary] 
                        Administrator, by order or interim 
                        final rule--
                                  (I) shall require air 
                                carriers to supply to the 
                                [Assistant Secretary] 
                                Administrator the passenger 
                                information needed to begin 
                                implementing the advanced 
                                passenger prescreening system; 
                                and
                                  (II) shall require entities 
                                that provide systems and 
                                services to air carriers in the 
                                operation of air carrier 
                                reservations systems to provide 
                                to air carriers passenger 
                                information in possession of 
                                such entities, but only to the 
                                extent necessary to comply with 
                                subclause (I).
                          (v) Inclusion of detainees on no fly 
                        list.--The [Assistant Secretary] 
                        Administrator, in coordination with the 
                        Terrorist Screening Center, shall 
                        include on the No Fly List any 
                        individual who was a detainee held at 
                        the Naval Station, Guantanamo Bay, 
                        Cuba, unless the President certifies in 
                        writing to Congress that the detainee 
                        poses no threat to the United States, 
                        its citizens, or its allies. For 
                        purposes of this clause, the term 
                        ``detainee'' means an individual in the 
                        custody or under the physical control 
                        of the United States as a result of 
                        armed conflict.
                  (D) Screening of employees against 
                watchlist.--The [Assistant Secretary of 
                Homeland Security (Transportation Security 
                Administration)] Administrator, in coordination 
                with the Secretary of Transportation and the 
                Administrator of the Federal Aviation 
                Administration, shall ensure that individuals 
                are screened against all appropriate records in 
                the consolidated and integrated terrorist 
                watchlist maintained by the Federal Government 
                before--
                          (i) being certificated by the Federal 
                        Aviation Administration;
                          (ii) being granted unescorted access 
                        to the secure area of an airport; or
                          (iii) being granted unescorted access 
                        to the air operations area (as defined 
                        in section 1540.5 of title 49, Code of 
                        Federal Regulations, or any successor 
                        regulation to such section) of an 
                        airport.
                  (E) Aircraft charter customer and lessee 
                prescreening.--
                          (i) In general.--[Not later than 90 
                        days after the date on which the 
                        Assistant Secretary assumes the 
                        performance of the advanced passenger 
                        pre screening function under 
                        subparagraph (C)(ii), the] The 
                        [Assistant Secretary] Administrator 
                        shall establish a process by which 
                        operators of aircraft to be used in 
                        charter air transportation with a 
                        maximum takeoff weight greater than 
                        12,500 pounds and lessors of aircraft 
                        with a maximum takeoff weight greater 
                        than 12,500 pounds may--
                                  (I) request the Department of 
                                Homeland Security to use the 
                                advanced passenger pre 
                                screening system to compare 
                                information about any 
                                individual seeking to charter 
                                an aircraft with a maximum 
                                takeoff weight greater than 
                                12,500 pounds, any passenger 
                                proposed to be transported 
                                aboard such aircraft, and any 
                                individual seeking to lease an 
                                aircraft with a maximum takeoff 
                                weight greater than 12,500 
                                pounds to the automatic 
                                selectee and no fly lists, 
                                utilizing all appropriate 
                                records in the consolidated and 
                                integrated terrorist watchlist 
                                maintained by the Federal 
                                Government; and
                                  (II) refuse to charter or 
                                lease an aircraft with a 
                                maximum takeoff weight greater 
                                than 12,500 pounds to or 
                                transport aboard such aircraft 
                                any persons identified on such 
                                watch list.
                          (ii) Requirements.--The requirements 
                        of subparagraph (C)(iii) shall apply to 
                        this subparagraph.
                          (iii) No fly and automatic selectee 
                        lists.--The Secretary of Homeland 
                        Security, in consultation with the 
                        Terrorist Screening Center, shall 
                        design and review, as necessary, 
                        guidelines, policies, and operating 
                        procedures for the collection, removal, 
                        and updating of data maintained, or to 
                        be maintained, in the no fly and 
                        automatic selectee lists.
                  (F) Applicability.--Section 607 of the Vision 
                100--Century of Aviation Reauthorization Act 
                (49 U.S.C. 44903 note; 117 Stat. 2568) shall 
                not apply to the advanced passenger 
                prescreening system established under 
                subparagraph (C).
                  (G) Appeal procedures.--
                          (i) In general.--The [Assistant 
                        Secretary] Administrator shall 
                        establish a timely and fair process for 
                        individuals identified as a threat 
                        under one or more of subparagraphs (C), 
                        (D), and (E) to appeal to the 
                        Transportation Security Administration 
                        the determination and correct any 
                        erroneous information.
                          (ii) Records.--The process shall 
                        include the establishment of a method 
                        by which the [Assistant Secretary] 
                        Administrator will be able to maintain 
                        a record of air passengers and other 
                        individuals who have been misidentified 
                        and have corrected erroneous 
                        information. To prevent repeated delays 
                        of misidentified passengers and other 
                        individuals, the Transportation 
                        Security Administration record shall 
                        contain information determined by the 
                        [Assistant Secretary] Administrator to 
                        authenticate the identity of such a 
                        passenger or individual.
                  (H) Definition.--In this paragraph, the term 
                ``secure area of an airport'' means the sterile 
                area and the Secure Identification Display Area 
                of an airport (as such terms are defined in 
                section 1540.5 of title 49, Code of Federal 
                Regulations, or any successor regulation to 
                such section).
  (k) * * *
  (l) Air Charter Program.--
          (1) In general.--The [Under Secretary for Border and 
        Transportation Security of the Department of Homeland 
        Security] Administrator shall implement an aviation 
        security program for charter air carriers (as defined 
        in section 40102(a)) with a maximum certificated 
        takeoff weight of more than 12,500 pounds.
          (2) Exemption for armed forces charters.--
                  (A) In general.--Paragraph (1) and the other 
                requirements of this chapter do not apply to 
                passengers and property carried by aircraft 
                when employed to provide charter transportation 
                to members of the armed forces.
                  (B) Security procedures.--The Secretary of 
                Defense, in consultation with the Secretary of 
                Homeland Security and the Secretary of 
                Transportation, shall establish security 
                procedures relating to the operation of 
                aircraft when employed to provide charter 
                transportation to members of the armed forces 
                to or from an airport described in section 
                44903(c).
                  (C) Armed forces defined.--In this paragraph, 
                the term ``armed forces'' has the meaning given 
                that term by section 101(a)(4) of title 10.
  (m) Security Screening for Members of the Armed Forces.--
          (1) In general.--The [Assistant Secretary of Homeland 
        Security (Transportation Security Administration)] 
        Administrator, in consultation with the Department of 
        Defense, shall develop and implement a plan to provide 
        expedited security screening services for a member of 
        the armed forces, and, to the extent possible, any 
        accompanying family member, if the member of the armed 
        forces, while in uniform, presents documentation 
        indicating official orders for air transportation 
        departing from a primary airport (as defined in section 
        47102).
          (2) Protocols.--In developing the plan, the 
        [Assistant Secretary] Administrator shall consider--
                  (A) leveraging existing security screening 
                models used to reduce passenger wait times;
                  (B) establishing standard guidelines for the 
                screening of military uniform items, including 
                combat boots; and
                  (C) incorporating any new screening protocols 
                into an existing trusted passenger program, as 
                established pursuant to section 109(a)(3) of 
                the Aviation and Transportation Security Act 
                (49 U.S.C. 114 note), or into the development 
                of any new credential or system that 
                incorporates biometric technology and other 
                applicable technologies to verify the identity 
                of individuals traveling in air transportation.
          (3) Rule of construction.--Nothing in this subsection 
        shall affect the authority of the [Assistant Secretary] 
        Administrator to require additional screening of a 
        member of the armed forces if intelligence or law 
        enforcement information indicates that additional 
        screening is necessary.
          (4) Report to congress.--The [Assistant Secretary] 
        Administrator shall submit to the appropriate 
        committees of Congress a report on the implementation 
        of the plan.
  (n) Passenger Exit Points From Sterile Area.--
          (1) In general.--The Secretary of Homeland Security 
        shall ensure that the Transportation Security 
        Administration is responsible for monitoring passenger 
        exit points from the sterile area of airports at which 
        the Transportation Security Administration provided 
        such monitoring as of December 1, 2013.
          (2) Sterile area defined.--In this section, the term 
        ``sterile area'' has the meaning given that term in 
        section 1540.5 of title 49, Code of Federal Regulations 
        (or any corresponding similar regulation or ruling).

Sec. 44904. Domestic air transportation system security

  (a) Assessing Threats.--The [Under Secretary of 
Transportation for Security] Administrator of the 
Transportation Security Administration and the Director of the 
Federal Bureau of Investigation jointly shall assess current 
and potential threats to the domestic air transportation 
system. The assessment shall include consideration of the 
extent to which there are individuals with the capability and 
intent to carry out terrorist or related unlawful acts against 
that system and the ways in which those individuals might carry 
out those acts. The [Under Secretary] Administrator of the 
Transportation Security Administration and the Director jointly 
shall decide on and carry out the most effective method for 
continuous analysis and monitoring of security threats to that 
system.
  (b) Assessing Security.--In coordination with the Director, 
the [Under Secretary] Administrator of the Transportation 
Security Administration shall carry out periodic threat and 
vulnerability assessments on security at each airport that is 
part of the domestic air transportation system. Each assessment 
shall include consideration of--
          (1) the adequacy of security procedures related to 
        the handling and transportation of checked baggage and 
        cargo;
          (2) space requirements for security personnel and 
        equipment;
          (3) separation of screened and unscreened passengers, 
        baggage, and cargo;
          (4) separation of the controlled and uncontrolled 
        areas of airport facilities; and
          (5) coordination of the activities of security 
        personnel of the Transportation Security 
        Administration, the United States Customs Service, the 
        Immigration and Naturalization Service, and air 
        carriers, and of other law enforcement personnel.
  (c) Modal Security Plan for Aviation.--In addition to the 
requirements set forth in subparagraphs (B) through (F) of 
[section 114(t)(3)] section 114(s)(3), the modal security plan 
for aviation prepared under [section 114(t)] section 114(s) 
shall--
          (1) establish a damage mitigation and recovery plan 
        for the aviation system in the event of a terrorist 
        attack; and
          (2) include a threat matrix document that outlines 
        each threat to the United States civil aviation system 
        and the corresponding layers of security in place to 
        address such threat.
  (d) Operational Criteria.--[Not later than 90 days after the 
date of the submission of the National Strategy for 
Transportation Security under section 114(t)(4)(A), the 
Assistant Secretary of Homeland Security (Transportation 
Security Administration)] The Administrator of the 
Transportation Security Administration shall issue operational 
criteria to protect airport infrastructure and operations 
against the threats identified in the plans prepared under 
[section 114(t)(1)] section 114(s)(1) and shall approve best 
practices guidelines for airport assets.
  (e) Improving Security.--The [Under Secretary] Administrator 
of the Transportation Security Administration shall take 
necessary actions to improve domestic air transportation 
security by correcting any deficiencies in that security 
discovered in the assessments, analyses, and monitoring carried 
out under this section.

Sec. 44905. Information about threats to civil aviation

  (a) Providing Information.--Under guidelines the [Secretary 
of Transportation] Administrator of the Transportation Security 
Administration prescribes, an air carrier, airport operator, 
ticket agent, or individual employed by an air carrier, airport 
operator, or ticket agent, receiving information (except a 
communication directed by the United States Government) about a 
threat to civil aviation shall provide the information promptly 
to the [Secretary.] Administrator.
  (b) Flight Cancellation.--If a decision is made that a 
particular threat cannot be addressed in a way adequate to 
ensure, to the extent feasible, the safety of passengers and 
crew of a particular flight or series of flights, the [Under 
Secretary of Transportation for Security] Administrator of the 
Transportation Security Administration shall cancel the flight 
or series of flights.
  (c) Guidelines on Public Notice.--
          (1) The President shall develop guidelines for 
        ensuring that public notice is provided in appropriate 
        cases about threats to civil aviation. The guidelines 
        shall identify officials responsible for--
                  (A) deciding, on a case-by-case basis, if 
                public notice of a threat is in the best 
                interest of the United States and the traveling 
                public;
                  (B) ensuring that public notice is provided 
                in a timely and effective way, including the 
                use of a toll-free telephone number; and
                  (C) canceling the departure of a flight or 
                series of flights under subsection (b) of this 
                section.
          (2) The guidelines shall provide for consideration 
        of--
                  (A) the specificity of the threat;
                  (B) the credibility of intelligence 
                information related to the threat;
                  (C) the ability to counter the threat 
                effectively;
                  (D) the protection of intelligence 
                information sources and methods;
                  (E) cancellation, by an air carrier or the 
                [Under Secretary] Administrator of the 
                Transportation Security Administration, of a 
                flight or series of flights instead of public 
                notice;
                  (F) the ability of passengers and crew to 
                take steps to reduce the risk to their safety 
                after receiving public notice of a threat; and
                  (G) other factors the [Under Secretary] 
                Administrator of the Transportation Security 
                Administration considers appropriate.
  (d) Guidelines on Notice to Crews.--The [Under Secretary] 
Administrator of the Transportation Security Administration 
shall develop guidelines for ensuring that notice in 
appropriate cases of threats to the security of an air carrier 
flight is provided to the flight crew and cabin crew of that 
flight.
  (e) * * *
  (f) Restricting Access to Information.--In cooperation with 
the departments, agencies, and instrumentalities of the 
Government that collect, receive, and analyze intelligence 
information related to aviation security, the [Under Secretary] 
Administrator of the Transportation Security Administration 
shall develop procedures to minimize the number of individuals 
who have access to information about threats. However, a 
restriction on access to that information may be imposed only 
if the restriction does not diminish the ability of the 
Government to carry out its duties and powers related to 
aviation security effectively, including providing notice to 
the public and flight and cabin crews under this section.
  (g) * * *

Sec. 44906. Foreign air carrier security programs

  The [Under Secretary of Transportation for Security] 
Administrator of the Transportation Security Administration 
shall continue in effect the requirement of section 129.25 of 
title 14, Code of Federal Regulations, that a foreign air 
carrier must adopt and use a security program approved by the 
[Under Secretary] Administrator. The [Under Secretary] 
Administrator shall not approve a security program of a foreign 
air carrier under section 129.25, or any successor regulation, 
unless the security program requires the foreign air carrier in 
its operations to and from airports in the United States to 
adhere to the identical security measures that the [Under 
Secretary] Administrator requires air carriers serving the same 
airports to adhere to. The foregoing requirement shall not be 
interpreted to limit the ability of the [Under Secretary] 
Administrator to impose additional security measures on a 
foreign air carrier or an air carrier when the [Under 
Secretary] Administrator determines that a specific threat 
warrants such additional measures. The [Under Secretary] 
Administrator shall prescribe regulations to carry out this 
section.

Sec. 44908. Travel advisory and suspension of foreign assistance

  (a) Travel Advisories.--On being notified by the [Secretary 
of Transportation] Administrator of the Transportation Security 
Administration that the [Secretary of Transportation] 
Administrator of the Transportation Security Administration has 
decided under section 44907(d)(2)(A)(ii) of this title that a 
condition exists that threatens the [safety or] security of 
passengers, aircraft, or crew traveling to or from a foreign 
airport that the Secretary of Transportation has decided under 
section 44907 of this title does not maintain and carry out 
effective security measures, the Secretary of State--
          (1) immediately shall issue a travel advisory for 
        that airport; and
          (2) shall publicize the advisory widely.
  (b) Suspending Assistance.--The President shall suspend 
assistance provided under the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 
U.S.C. 2751 et seq.) to a country in which is located an 
airport with respect to which section 44907(d)(1) of this title 
becomes effective if the Secretary of State decides the country 
is a high terrorist threat country. The President may waive 
this subsection if the President decides, and reports to 
Congress, that the waiver is required because of national 
security interests or a humanitarian emergency.
  (c) Actions No Longer Required.--An action required under 
this section is no longer required only if the [Secretary of 
Transportation] Administrator of the Transportation Security 
Administration has made a decision as provided under section 
44907(d)(4) of this title. [The Secretary] The Administrator 
shall notify Congress when the action is no longer required to 
be taken.

Sec. 44909. Passenger manifests

  (a) Air Carrier Requirements.--
          (1) [Not later than March 16, 1991, the] The 
        Secretary of Transportation shall require each air 
        carrier to provide a passenger manifest for a flight to 
        an appropriate representative of the Secretary of 
        State--
                  (A) not later than one hour after that 
                carrier is notified of an aviation disaster 
                outside the United States involving that 
                flight; or
                  (B) if it is not technologically feasible or 
                reasonable to comply with clause (A) of this 
                paragraph, then as expeditiously as possible, 
                but not later than 3 hours after the carrier is 
                so notified.
          (2) The passenger manifest should include the 
        following information:
                  (A) the full name of each passenger.
                  (B) the passport number of each passenger, if 
                required for travel.
                  (C) the name and telephone number of a 
                contact for each passenger.
          (3) In carrying out this subsection, the Secretary of 
        Transportation shall consider the necessity and 
        feasibility of requiring air carriers to collect 
        passenger manifest information as a condition for 
        passengers boarding a flight of the carrier.
  (b) * * *
  (c) Flights in Foreign Air Transportation to the United 
States.--
          (1) In general.--[Not later than 60 days after the 
        date of enactment of the Aviation and Transportation 
        Security Act, each] Each air carrier and foreign air 
        carrier operating a passenger flight in foreign air 
        transportation to the United States shall provide to 
        the Commissioner of Customs by electronic transmission 
        a passenger and crew manifest containing the 
        information specified in paragraph (2). Carriers may 
        use the advanced passenger information system 
        established under section 431 of the Tariff Act of 1930 
        (19 U.S.C. 1431) to provide the information required by 
        the preceding sentence.
          (2) Information.--A passenger and crew manifest for a 
        flight required under paragraph (1) shall contain the 
        following information:
                  (A) The full name of each passenger and crew 
                member.
                  (B) The date of birth and citizenship of each 
                passenger and crew member.
                  (C) The sex of each passenger and crew 
                member.
                  (D) The passport number and country of 
                issuance of each passenger and crew member if 
                required for travel.
                  (E) The United States visa number or resident 
                alien card number of each passenger and crew 
                member, as applicable.
                  (F) Such other information as the [Under 
                Secretary] Administrator of the Transportation 
                Security Administration, in consultation with 
                the Commissioner of Customs, determines is 
                reasonably necessary to ensure aviation safety.
          (3) Passenger name records.--The carriers shall make 
        passenger name record information available to the 
        Customs Service upon request.
          (4) Transmission of manifest.--Subject to paragraphs 
        (5) and (6), a passenger and crew manifest required for 
        a flight under paragraph (1) shall be transmitted to 
        the Customs Service in advance of the aircraft landing 
        in the United States in such manner, time, and form as 
        the Customs Service prescribes.
          (5) Transmission of manifests to other federal 
        agencies.--Upon request, information provided to the 
        [Under Secretary] Administrator of the Transportation 
        Security Administration or the Customs Service under 
        this subsection may be shared with other Federal 
        agencies for the purpose of protecting national 
        security.
          (6) Prescreening international passengers.--
                  (A) In general.--[Not later than 60 days 
                after date of enactment of this paragraph, the] 
                The Secretary of Homeland Security, or the 
                designee of the Secretary, shall issue a notice 
                of proposed rulemaking that will allow the 
                Department of Homeland Security to compare 
                passenger information for any international 
                flight to or from the United States against the 
                consolidated and integrated terrorist watchlist 
                maintained by the Federal Government before 
                departure of the flight.
                  (B) Appeal procedures.--
                          (i) In general.--The Secretary of 
                        Homeland Security shall establish a 
                        timely and fair process for individuals 
                        identified as a threat under 
                        subparagraph (A) to appeal to the 
                        Department of Homeland Security the 
                        determination and correct any erroneous 
                        information.
                          (ii) Records.--The process shall 
                        include the establishment of a method 
                        by which [the Secretary will] the 
                        Secretary of Homeland Security will be 
                        able to maintain a record of air 
                        passengers and other individuals who 
                        have been misidentified and have 
                        corrected erroneous information. To 
                        prevent repeated delays of 
                        misidentified passengers and other 
                        individuals, the Department of Homeland 
                        Security record shall contain 
                        information determined by [the 
                        Secretary to] the Secretary of Homeland 
                        Security to authenticate the identity 
                        of such a passenger or individual.

Sec. 44911. Intelligence

  (a) Definition.--In this section, ``intelligence community'' 
means the intelligence and intelligence-related activities of 
the following units of the United States Government:
          (1) the Department of State.
          (2) the Department of Defense.
          (3) the Department of the Treasury.
          (4) the Department of Energy.
          (5) the Departments of the Army, Navy, and Air Force.
          (6) the Central Intelligence Agency.
          (7) the National Security Agency.
          (8) the Defense Intelligence Agency.
          (9) the Federal Bureau of Investigation.
          (10) the Drug Enforcement Administration.
  (b) Policies and Procedures on Report Availability.--The head 
of each unit in the intelligence community shall prescribe 
policies and procedures to ensure that intelligence reports 
about terrorism are made available, as appropriate, to the 
heads of other units in the intelligence community, the 
Secretary of Transportation, and the [Under Secretary of 
Transportation for Security] Administrator of the 
Transportation Security Administration.
  (c) Unit for Strategic Planning on Terrorism.--The heads of 
the units in the intelligence community shall place greater 
emphasis on strategic intelligence efforts by establishing a 
unit for strategic planning on terrorism.
  (d) Designation of Intelligence Officer.--At the [request of 
the Secretary] request of the Secretary of Homeland Security, 
the Director of Central Intelligence shall designate at least 
one intelligence officer of the Central Intelligence Agency to 
serve in a senior position in the Office of the Secretary.
  (e) Written Working Agreements.--The heads of units in the 
intelligence community, the [Secretary, and the Under 
Secretary] Secretary of Homeland Security, and the 
Administrator of the Transportation Security Administration 
shall review and, as appropriate, revise written working 
agreements between the [intelligence community and the Under 
Secretary] intelligence community and the Administrator of the 
Transportation Security Administration.

Sec. 44912. Research and development

  (a) Program Requirement.--
          (1) The [Under Secretary of Transportation for 
        Security] Administrator shall establish and carry out a 
        program to accelerate and expand the research, 
        development, and implementation of technologies and 
        procedures to counteract terrorist acts against civil 
        aviation. The program shall provide for developing and 
        having in place[, not later than November 16, 1993,] 
        new equipment and procedures necessary to meet the 
        technological challenges presented by terrorism. The 
        program shall include research on, and development of, 
        technological improvements and ways to enhance human 
        performance.
          (2) In designing and carrying out the program 
        established under this subsection, the [Under 
        Secretary] Administrator shall--
                  (A) consult and coordinate activities with 
                other departments, agencies, and 
                instrumentalities of the United States 
                Government doing similar research;
                  (B) identify departments, agencies, and 
                instrumentalities that would benefit from that 
                research; and
                  (C) seek cost-sharing agreements with those 
                departments, agencies, and instrumentalities.
          (3) In carrying out the program established under 
        this subsection, the [Under Secretary] Administrator 
        shall review and consider the annual reports the 
        Secretary of Transportation submits to Congress on 
        transportation security and intelligence.
          (4)(A) In carrying out the program established under 
        this subsection, the Administrator shall designate an 
        individual to be responsible for engineering, research, 
        and development with respect to security technology 
        under the program.
                  (B) The individual designated under 
                subparagraph (A) shall use appropriate systems 
                engineering and risk management models in 
                making decisions regarding the allocation of 
                funds for engineering, research, and 
                development with respect to security technology 
                under the program.
                  (C) The individual designated under 
                subparagraph (A) shall, on an annual basis, 
                submit to the [Research, Engineering and 
                Development Advisory Committee] Administrator a 
                report on activities under this paragraph 
                during the preceding year. Each report shall 
                include, for the year covered by such report, 
                information on--
                          (i) progress made in engineering, 
                        research, and development with respect 
                        to security technology;
                          (ii) the allocation of funds for 
                        engineering, research, and development 
                        with respect to security technology; 
                        and
                          (iii) engineering, research, and 
                        development with respect to any 
                        technologies drawn from other agencies, 
                        including the rationale for 
                        engineering, research, and development 
                        with respect to such technologies.
          (5) The [Under Secretary] Administrator may--
                  (A) make grants to institutions of higher 
                learning and other appropriate research 
                facilities with demonstrated ability to carry 
                out research described in paragraph (1) of this 
                subsection, and fix the amounts and terms of 
                the grants; and
                  (B) make cooperative agreements with 
                governmental authorities the [Under Secretary] 
                Administrator decides are appropriate.
  (b) Review of Threats.--
          (1) The [Under Secretary] Administrator shall 
        periodically review threats to civil aviation, with 
        particular focus on--
                  (A) a comprehensive systems analysis 
                (employing vulnerability analysis, threat 
                attribute definition, and technology roadmaps) 
                of the civil aviation system, including--
                          (i) the destruction, commandeering, 
                        or diversion of civil aircraft or the 
                        use of civil aircraft as a weapon; and
                          (ii) the disruption of civil aviation 
                        service, including by cyber attack;
                  (B) explosive material that presents the most 
                significant threat to civil aircraft;
                  (C) the minimum amounts, configurations, and 
                types of explosive material that can cause, or 
                would reasonably be expected to cause, 
                catastrophic damage to aircraft in air 
                transportation;
                  (D) the amounts, configurations, and types of 
                explosive material that can be detected 
                reliably by existing, or reasonably 
                anticipated, near-term explosive detection 
                technologies;
                  (E) the potential release of chemical, 
                biological, or similar weapons or devices 
                either within an aircraft or within an airport;
                  (F) the feasibility of using various ways to 
                minimize damage caused by explosive material 
                that cannot be detected reliably by existing, 
                or reasonably anticipated, near-term explosive 
                detection technologies;
                  (G) the ability to screen passengers, carry-
                on baggage, checked baggage, and cargo; and
                  (H) the technologies that might be used in 
                the future to attempt to destroy or otherwise 
                threaten commercial aircraft and the way in 
                which those technologies can be countered 
                effectively.
          (2) The [Under Secretary] Administrator shall use the 
        results of the review under this subsection to develop 
        the focus and priorities of the program established 
        under subsection (a) of this section.
  (c) Scientific Advisory Panel.--
          (1) The Administrator shall establish a scientific 
        advisory panel[, as a subcommittee of the Research, 
        Engineering, and Development Advisory Committee,] to 
        review, comment on, advise the progress of, and 
        recommend modifications in, the program established 
        under subsection (a) of this section, including the 
        need for long-range research programs to detect and 
        prevent catastrophic damage to commercial aircraft, 
        commercial aviation facilities, commercial aviation 
        personnel and passengers, and other components of the 
        commercial aviation system by the next generation of 
        terrorist weapons.
          (2)(A) The advisory panel shall consist of 
        individuals who have scientific and technical expertise 
        in--
                  
                          (i) the development and testing of 
                        effective explosive detection systems;
                          (ii) aircraft structure and 
                        experimentation to decide on the type 
                        and minimum weights of explosives that 
                        an effective explosive detection 
                        technology must be capable of 
                        detecting;
                          (iii) technologies involved in 
                        minimizing airframe damage to aircraft 
                        from explosives; and
                          (iv) other scientific and technical 
                        areas the Administrator considers 
                        appropriate.
                  (B) In appointing individuals to the advisory 
                panel, the Administrator should consider 
                individuals from academia and the national 
                laboratories, as appropriate.
          (3) The Administrator shall organize the advisory 
        panel into teams capable of undertaking the review of 
        policies and technologies upon request.
          (4) [Not later than 90 days after the date of the 
        enactment of the Aviation and Transportation Security 
        Act, and every two years thereafter,] Biennially, the 
        Administrator shall review the composition of the 
        advisory panel in order to ensure that the expertise of 
        the individuals on the panel is suited to the current 
        and anticipated duties of the panel.
  (d) Security and Research and Development Activities.--
          (1) In general.--The Administrator shall conduct 
        research (including behavioral research) and 
        development activities appropriate to develop, modify, 
        test, and evaluate a system, procedure, facility, or 
        device to protect passengers and property against acts 
        of criminal violence, aircraft piracy, and terrorism 
        and to ensure security.
          (2) Disclosure.--
                  (A) In general.--Notwithstanding section 552 
                of title 5, the Administrator shall prescribe 
                regulations prohibiting disclosure of 
                information obtained or developed in ensuring 
                security under this title if the Secretary of 
                Homeland Security decides disclosing the 
                information would--
                          (i) be an unwarranted invasion of 
                        personal privacy;
                          (ii) reveal a trade secret or 
                        privileged or confidential commercial 
                        or financial information; or
                          (iii) be detrimental to 
                        transportation safety.
                  (B) Information to congress.--Subparagraph 
                (A) does not authorize information to be 
                withheld from a committee of Congress 
                authorized to have the information.
                  (C) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed to 
                authorize the designation of information as 
                sensitive security information (as defined in 
                section 15.5 of title 49, Code of Federal 
                Regulations)--
                          (i) to conceal a violation of law, 
                        inefficiency, or administrative error;
                          (ii) to prevent embarrassment to a 
                        person, organization, or agency;
                          (iii) to restrain competition; or
                          (iv) to prevent or delay the release 
                        of information that does not require 
                        protection in the interest of 
                        transportation security, including 
                        basic scientific research information 
                        not clearly related to transportation 
                        security.
                  (D) Privacy act.--Section 552a of title 5 
                shall not apply to disclosures that the 
                Administrator of the Transportation Security 
                Administration may make from the systems of 
                records of the Transportation Security 
                Administration to any Federal law enforcement, 
                intelligence, protective service, immigration, 
                or national security official in order to 
                assist the official receiving the information 
                in the performance of official duties.
          (3) Transfers of duties and powers prohibited.--
        Except as otherwise provided by law, the Administrator 
        may not transfer a duty or power under this section to 
        another department, agency, or instrumentality of the 
        United States Government.
  (e) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Transportation 
Security Administration.

Sec. 44913. Explosive detection

  (a) Deployment and Purchase of Equipment.--
          (1) A deployment or purchase of explosive detection 
        equipment under section 108.7(b)(8) or 108.20 of title 
        14, Code of Federal Regulations, or similar regulation 
        is required only if the [Under Secretary of 
        Transportation for Security] Administrator of the 
        Transportation Security Administration certifies that 
        the equipment alone, or as part of an integrated 
        system, can detect under realistic air carrier 
        operating conditions the amounts, configurations, and 
        types of explosive material that would likely be used 
        to cause catastrophic damage to commercial aircraft. 
        The Administrator shall base the certification on the 
        results of tests conducted under protocols developed in 
        consultation with expert scientists outside of the 
        Transportation Security Administration. Those tests 
        shall be completed not later than April 16, 1992.
          [(2) Before completion of the tests described in 
        paragraph (1) of this subsection, but not later than 
        April 16, 1992, the [Under Secretary] Administrator may 
        require deployment of explosive detection equipment 
        described in paragraph (1) if the [Under Secretary] 
        Administrator decides that deployment will enhance 
        aviation security significantly. In making that 
        decision, the [Under Secretary] Administrator shall 
        consider factors such as the ability of the equipment 
        alone, or as part of an integrated system, to detect 
        under realistic air carrier operating conditions the 
        amounts, configurations, and types of explosive 
        material that would likely be used to cause 
        catastrophic damage to commercial aircraft. The [Under 
        Secretary] Administrator shall notify the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Transportation and Infrastructure of 
        the House of Representatives of a deployment decision 
        made under this paragraph.]
          [(3)](2) Until such time as the [Under Secretary] 
        Administrator determines that equipment certified under 
        paragraph (1) is commercially available and has 
        successfully completed operational testing as provided 
        in paragraph (1), the [Under Secretary] Administrator 
        shall facilitate the deployment of such approved 
        commercially available explosive detection devices as 
        the [Under Secretary] Administrator determines will 
        enhance aviation security significantly. The [Under 
        Secretary] Administrator shall require that equipment 
        deployed under this paragraph be replaced by equipment 
        certified under paragraph (1) when equipment certified 
        under paragraph (1) becomes commercially available. The 
        [Under Secretary] Administrator is authorized, based on 
        operational considerations at individual airports, to 
        waive the required installation of commercially 
        available equipment under paragraph (1) in the 
        interests of aviation security. The [Under Secretary] 
        Administrator may permit the requirements of this 
        paragraph to be met at airports by the deployment of 
        dogs or other appropriate animals to supplement 
        equipment for screening passengers, baggage, mail, or 
        cargo for explosives or weapons.
          [(4)](3) This subsection does not prohibit the [Under 
        Secretary] Administrator from purchasing or deploying 
        explosive detection equipment described in paragraph 
        (1) of this subsection.
  (b) Grants.--The [Secretary of Transportation] Administrator 
may provide grants to continue the Explosive Detection K-9 Team 
Training Program to detect explosives at airports and on 
aircraft.

Sec. 44914. Airport construction guidelines

  In consultation with the Department of Transportation, air 
carriers, airport authorities, and others the [Under Secretary 
of Transportation for Security] Administrator of the 
Transportation Security Administration considers appropriate, 
the [Under Secretary] Administrator shall develop guidelines 
for airport design and construction to allow for maximum 
security enhancement. In developing the guidelines, the [Under 
Secretary] Administrator shall consider the results of the 
assessment carried out under section 44904(a) of this title.

Sec. 44915. Exemptions

  The [Under Secretary of Transportation for Security]  
Administrator of the Transportation Security Administration may 
exempt from sections 44901, 44903(a)-(c) and (e), 44906, 44935, 
and 44936 of this title airports in Alaska served only by air 
carriers that--
          (1) hold certificates issued under section 41102 of 
        this title;
          (2) operate aircraft with certificates for a maximum 
        gross takeoff weight of less than 12,500 pounds; and
          (3) board passengers, or load property intended to be 
        carried in an aircraft cabin, that will be screened 
        under section 44901 of this title at another airport in 
        Alaska before the passengers board, or the property is 
        loaded on, an aircraft for a place outside Alaska.

Sec. 44916. Assessments and evaluations

  (a) Periodic Assessments.--The [Under Secretary of 
Transportation for Security] Administrator of the 
Transportation Security Administration shall require each air 
carrier and airport (including the airport owner or operator in 
cooperation with the air carriers and vendors serving each 
airport) that provides for intrastate, interstate, or foreign 
air transportation to conduct periodic vulnerability 
assessments of the security systems of that air carrier or 
airport, respectively. The Transportation Security 
Administration shall perform periodic audits of such 
assessments.
  (b) Investigations.--The [Under Secretary] Administrator of 
the Transportation Security Administration shall conduct 
periodic and unannounced inspections of security systems of 
airports and air carriers to determine the effectiveness and 
vulnerabilities of such systems. To the extent allowable by 
law, the [Under Secretary] Administrator may provide for 
anonymous tests of those security systems.

Sec. 44917. Deployment of Federal air marshals

  (a) In General.--The [Under Secretary of Transportation for 
Security] Administrator of the Transportation Security 
Administration under the authority provided by section 
44903(d)--
          (1) may provide for deployment of Federal air 
        marshals on every passenger flight of air carriers in 
        air transportation or intrastate air transportation;
          (2) shall provide for deployment of Federal air 
        marshals on every such flight determined [by the 
        Secretary] to present high security risks;
          (3) shall provide for appropriate training, 
        supervision, and equipment of Federal air marshals;
          (4) shall require air carriers providing flights 
        described in paragraph (1) to provide seating for a 
        Federal air marshal on any such flight without regard 
        to the availability of seats on the flight and at no 
        cost to the United States Government or the marshal;
          (5) may require air carriers to provide, on a space-
        available basis, to an off-duty Federal air marshal a 
        seat on a flight to the airport nearest the marshal's 
        home at no cost to the marshal or the United States 
        Government if the marshal is traveling to that airport 
        after completing his or her security duties;
          (6) may enter into agreements with Federal, State, 
        and local agencies under which appropriately-trained 
        law enforcement personnel from such agencies, when 
        traveling on a flight of an air carrier, will carry a 
        firearm and be prepared to assist Federal air marshals;
          (7) shall establish procedures to ensure that Federal 
        air marshals are made aware of any armed or unarmed law 
        enforcement personnel on board an aircraft; and
          (8) may appoint--
                  (A) an individual who is a retired law 
                enforcement officer;
                  (B) an individual who is a retired member of 
                the Armed Forces; and
                  (C) an individual who has been furloughed 
                from an air carrier crew position in the 1-year 
                period beginning on September 11, 2001,
          (1) as a Federal air marshal, regardless of age, if 
        the individual otherwise meets the background and 
        fitness qualifications required for Federal air 
        marshals.
  (b)* * *
  (d) Training for Foreign Law Enforcement Personnel.--
          (1) In general.--The [Assistant Secretary for 
        Immigration and Customs Enforcement of the Department 
        of Homeland Security] Administrator of the 
        Transportation Security Administration, after 
        consultation with the Secretary of State, may direct 
        the Federal Air Marshal Service to provide appropriate 
        air marshal training to law enforcement personnel of 
        foreign countries.
          (2) Watchlist screening.--The Federal Air Marshal 
        Service may only provide appropriate air marshal 
        training to law enforcement personnel of foreign 
        countries after comparing the identifying information 
        and records of law enforcement personnel of foreign 
        countries against all appropriate records in the 
        consolidated and integrated terrorist watchlists 
        maintained by the Federal Government.
          (3) Fees.--The [Assistant Secretary] Administrator of 
        the Transportation Security Administration shall 
        establish reasonable fees and charges to pay expenses 
        incurred in carrying out this subsection. Funds 
        collected under this subsection shall be credited to 
        the account in the Treasury from which the expenses 
        were incurred and shall be available to the [Assistant 
        Secretary] Administrator of the Transportation Security 
        Administration for purposes for which amounts in such 
        account are available.

Sec. 44918. Crew training

  (a) Basic Security Training.--
          (1) In general.--Each air carrier providing scheduled 
        passenger air transportation shall carry out a training 
        program for flight and cabin crew members to prepare 
        the crew members for potential threat conditions.
          (2) Program elements.--An air carrier training 
        program under this subsection shall include, at a 
        minimum, elements that address each of the following:
                  (A) Recognizing suspicious activities and 
                determining the seriousness of any occurrence.
                  (B) Crew communication and coordination.
                  (C) The proper commands to give passengers 
                and attackers.
                  (D) Appropriate responses to defend oneself.
                  (E) Use of protective devices assigned to 
                crew members (to the extent such devices are 
                required by the Administrator of the Federal 
                Aviation Administration or the [Under Secretary 
                for Border and Transportation Security of the 
                Department of Homeland Security] Administrator 
                of the Transportation Security Administration).
                  (F) Psychology of terrorists to cope with 
                hijacker behavior and passenger responses.
                  (G) Situational training exercises regarding 
                various threat conditions.
                  (H) Flight deck procedures or aircraft 
                maneuvers to defend the aircraft and cabin crew 
                responses to such procedures and maneuvers.
                  (I) The proper conduct of a cabin search, 
                including explosive device recognition.
                  (J) Any other subject matter considered 
                appropriate by the [Under Secretary] 
                Administrator of the Transportation Security 
                Administration.
          (3) Approval.--An air carrier training program under 
        this subsection shall be subject to approval by the 
        [Under Secretary] Administrator of the Transportation 
        Security Administration.
          (4) Minimum standards.--[Not later than one year 
        after the date of enactment of the Vision 100--Century 
        of Aviation Reauthorization Act, the] The [Under 
        Secretary] Administrator of the Transportation Security 
        Administration may establish minimum standards for the 
        training provided under this subsection and for 
        recurrent training.
          (5) Existing programs.--Notwithstanding paragraphs 
        (3) and (4), any training program of an air carrier to 
        prepare flight and cabin crew members for potential 
        threat conditions that was approved by the 
        Administrator or the [Under Secretary] Administrator of 
        the Transportation Security Administration before [the 
        date of enactment of the Vision 100--Century of 
        Aviation Reauthorization Act] December 12, 2003, may 
        continue in effect until disapproved or ordered 
        modified by the [Under Secretary] Administrator of the 
        Transportation Security Administration.
          (6) Monitoring.--The [Under Secretary] Administrator 
        of the Transportation Security Administration, in 
        consultation with the Administrator, shall monitor air 
        carrier training programs under this subsection and 
        periodically shall review an air carrier's training 
        program to ensure that the program is adequately 
        preparing crew members for potential threat conditions. 
        In determining when an air carrier's training program 
        should be reviewed under this paragraph, the [Under 
        Secretary] Administrator of the Transportation Security 
        Administration shall consider complaints from crew 
        members. The [Under Secretary] Administrator of the 
        Transportation Security Administration shall ensure 
        that employees responsible for monitoring the training 
        programs have the necessary resources and knowledge.
          (7) Updates.--The [Under Secretary] Administrator of 
        the Transportation Security Administration, in 
        consultation with the Administrator, shall order air 
        carriers to modify training programs under this 
        subsection to reflect new or different security 
        threats.
  (b) Advanced Self-defense Training.--
          (1) In general.--[Not later than one year after the 
        date of enactment of the Vision 100--Century of 
        Aviation Reauthorization Act, the] The [Under 
        Secretary] Administrator of the Transportation Security 
        Administration shall develop and provide a voluntary 
        training program for flight and cabin crew members of 
        air carriers providing scheduled passenger air 
        transportation.
          (2) Program elements.--The training program under 
        this subsection shall include both classroom and 
        effective hands-on training in the following elements 
        of self-defense:
                  (A) Deterring a passenger who might present a 
                threat.
                  (B) Advanced control, striking, and restraint 
                techniques.
                  (C) Training to defend oneself against edged 
                or contact weapons.
                  (D) Methods to subdue and restrain an 
                attacker.
                  (E) Use of available items aboard the 
                aircraft for self-defense.
                  (F) Appropriate and effective responses to 
                defend oneself, including the use of force 
                against an attacker.
                  (G) Any other element of training that the 
                [Under Secretary] Administrator of the 
                Transportation Security Administration 
                considers appropriate.
          (3) Participation not required.--A crew member shall 
        not be required to participate in the training program 
        under this subsection.
          (4) Compensation.--Neither the Federal Government nor 
        an air carrier shall be required to compensate a crew 
        member for participating in the training program under 
        this subsection.
          (5) Fees.--A crew member shall not be required to pay 
        a fee for the training program under this subsection.
          (6) Consultation.--In developing the training program 
        under this subsection, the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration shall consult with law enforcement 
        personnel and security experts who have expertise in 
        self-defense training, terrorism experts, 
        representatives of air carriers, the director of self-
        defense training in the [Federal Air Marshals Service] 
        Federal Air Marshal Service, flight attendants, labor 
        organizations representing flight attendants, and 
        educational institutions offering law enforcement 
        training programs.
          (7) Designation of tsa official.--The [Under 
        Secretary] Administrator of the Transportation Security 
        Administration shall designate an official in the 
        Transportation Security Administration to be 
        responsible for implementing the training program under 
        this subsection. The official shall consult with air 
        carriers and labor organizations representing crew 
        members before implementing the program to ensure that 
        it is appropriate for situations that may arise on 
        board an aircraft during a flight.
  (c) Limitation.--Actions by crew members under this section 
shall be subject to the provisions of section 44903(k).

[Sec. 44919. Security screening pilot program

  [(a) Establishment of Program.--The Under Secretary shall 
establish a pilot program under which, upon approval of an 
application submitted by an operator of an airport, the 
screening of passengers and property at the airport under 
section 44901 will be carried out by the screening personnel of 
a qualified private screening company under a contract entered 
into with the Under Secretary.
  [(b) Period of Pilot Program.--The pilot program under this 
section shall begin on the last day of the 1-year period 
beginning on the date of enactment of this section and end on 
the last day of the 3-year period beginning on such date of 
enactment.
  [(c) Applications.--An operator of an airport may submit to 
the Under Secretary an application to participate in the pilot 
program under this section.
  [(d) Selection of Airports.--From among applications 
submitted under subsection (c), the Under Secretary may select 
for participation in the pilot program not more than 1 airport 
from each of the 5 airport security risk categories, as defined 
by the Under Secretary.
  [(e) Supervision of Screened Personnel.--The Under Secretary 
shall provide Federal Government supervisors to oversee all 
screening at each airport participating in the pilot program 
under this section and provide Federal Government law 
enforcement officers at the airport pursuant to this chapter.
  [(f) Qualified Private Screening Company.--A private 
screening company is qualified to provide screening services at 
an airport participating in the pilot program under this 
section if the company will only employ individuals to provide 
such services who meet all the requirements of this chapter 
applicable to Federal Government personnel who perform 
screening services at airports under this chapter and will 
provide compensation and other benefits to such individuals 
that are not less than the level of compensation and other 
benefits provided to such Federal Government personnel in 
accordance with this chapter.
  [(g) Standards for Private Screening Companies.--The Under 
Secretary may enter into a contract with a private screening 
company to provide screening at an airport participating in the 
pilot program under this section only if the Under Secretary 
determines and certifies to Congress that the private screening 
company is owned and controlled by a citizen of the United 
States, to the extent that the Under Secretary determines that 
there are private screening companies owned and controlled by 
such citizens.
  [(h) Termination of Contracts.--The Under Secretary may 
terminate any contract entered into with a private screening 
company to provide screening services at an airport under the 
pilot program if the Under Secretary finds that the company has 
failed repeatedly to comply with any standard, regulation, 
directive, order, law, or contract applicable to the hiring or 
training of personnel to provide such services or to the 
provision of screening at the airport.
  [(i) Election.--If a contract is in effect with respect to 
screening at an airport under the pilot program on the last day 
of the 3-year period beginning on the date of enactment of this 
section, the operator of the airport may elect to continue to 
have such screening carried out by the screening personnel of a 
qualified private screening company under a contract entered 
into with the Under Secretary under section 44920 or by Federal 
Government personnel in accordance with this chapter.]

Sec. 44919. PreCheck Program

  (a) In General.--The Administrator of the Transportation 
Security Administration shall continue to administer the 
PreCheck Program in accordance with section 109(a)(3) of the 
Aviation and Transportation Security Act (49 U.S.C. 114 note).
  (b) Expansion.--Not later than 180 days after the date of 
enactment of the TSA Modernization Act, the Administrator shall 
enter into an agreement, using other transaction authority 
under section 114(m) of this title, with at least 2 private 
sector entities to increase the methods and capabilities 
available for the public to enroll in the PreCheck Program.
  (c) Minimum Capability Requirements.--At least 1 agreement 
under subsection (b) shall include the following capabilities:
          (1) Start-to-finish secure online or mobile 
        enrollment capability.
          (2) Vetting of an applicant by means other than 
        biometrics, such as a risk assessment, if--
                  (A) such means--
                          (i) are evaluated and certified by 
                        the Secretary of Homeland Security;
                          (ii) meet the definition of a 
                        qualified anti-terrorism technology 
                        under section 865 of the Homeland 
                        Security Act of 2002 (6 U.S.C. 444); or
                          (iii) are determined by the 
                        Administrator to provide a risk 
                        assessment that is as effective as a 
                        fingerprint-based criminal history 
                        records check conducted through the 
                        Federal Bureau of Investigation with 
                        respect to identifying individuals who 
                        are not qualified to participate in the 
                        PreCheck Program due to disqualifying 
                        criminal history; and
                  (B) with regard to private sector risk 
                assessments, the Secretary has certified that 
                reasonable procedures are in place with regard 
                to the accuracy, relevancy, and proper 
                utilization of information employed in such 
                risk assessments.
  (d) Additional Capability Requirements.--At least 1 agreement 
under subsection (b) shall include the following capabilities:
          (1) Start-to-finish secure online or mobile 
        enrollment capability.
          (2) Vetting of an applicant by means of biometrics if 
        the collection--
                  (A) is comparable with the appropriate and 
                applicable standards developed by the National 
                Institute of Standards and Technology; and
                  (B) protects privacy and data security, 
                including that any personally identifiable 
                information is collected, retained, used, and 
                shared in a manner consistent with section 552a 
                of title 5, United States Code (commonly known 
                as ``Privacy Act of 1974''), and with agency 
                regulations.
  (e) Target Enrollment.--Subject to subsections (b), (c), and 
(d), the Administrator shall take actions to expand the total 
number of individuals enrolled in the PreCheck Program as 
follows:
          (1) 7,000,000 passengers before October 1, 2018.
          (2) 10,000,000 passengers before October 1, 2019.
          (3) 15,000,000 passengers before October 1, 2020.
  (f) Marketing of PreCheck Program.--Not later than 90 days 
after the date of enactment of the TSA Modernization Act, the 
Administrator shall--
          (1) enter into at least 2 agreements, using other 
        transaction authority under section 114(m) of this 
        title, to market the PreCheck Program; and
          (2) implement a long-term strategy for partnering 
        with the private sector to encourage enrollment in such 
        program.
  (g) Identity Verification Enhancement.--The Administrator 
shall--
          (1) coordinate with the heads of appropriate 
        components of the Department to leverage Department-
        held data and technologies to verify the identity and 
        citizenship of individuals enrolling in the PreCheck 
        Program;
          (2) partner with the private sector to use biometrics 
        and authentication standards, such as relevant 
        standards developed by the National Institute of 
        Standards and Technology, to facilitate enrollment in 
        the program; and
          (3) consider leveraging the existing resources and 
        abilities of airports to collect fingerprints for use 
        in background checks to expedite identity verification.
  (h) PreCheck Program Lanes Operation.--The Administrator 
shall--
          (1) ensure that PreCheck Program screening lanes are 
        open and available during peak and high-volume travel 
        times at appropriate airports to individuals enrolled 
        in the PreCheck Program; and
          (2) make every practicable effort to provide 
        expedited screening at standard screening lanes during 
        times when PreCheck Program screening lanes are closed 
        to individuals enrolled in the program in order to 
        maintain operational efficiency.
  (i) Vetting for PreCheck Program Participants.--The 
Administrator shall initiate an assessment to identify any 
security vulnerabilities in the vetting process for the 
PreCheck Program, including determining whether subjecting 
PreCheck Program participants to recurrent fingerprint-based 
criminal history records checks, in addition to recurrent 
checks against the terrorist watchlist, could be done in a 
cost-effective manner to strengthen the security of the 
PreCheck Program.
  (j) Assurance of Separate Program.--In carrying out this 
section, the Administrator shall ensure that the PreCheck 
program enrollment capabilities, including the additional 
private sector application capabilities under subsections (b), 
(c), and (d), are separate from any other related TSA program, 
initiative, or procurement, including the Universal Enrollment 
Services program.
  (k) Expenditure of Funds.--Any Federal funds expended by the 
Administrator to expand PreCheck Program enrollment shall be 
expended in a manner that meets the requirements of this 
section.

Sec. 44920. [Security screening opt-out program] Screening partnership 
                    program

  [(a) In General.--On or after the last day of the 2-year 
period beginning on the date on which the Under Secretary 
transmits to Congress the certification required by section 
110(c) of the Aviation and Transportation Security Act, an 
operator of an airport may submit to the Under Secretary an 
application to have the screening of passengers and property at 
the airport under section 44901 to be carried out by the 
screening personnel of a qualified private screening company 
under a contract entered into with the Under Secretary.]
  (a) In General.--An operator of an airport, airport terminal, 
or airport security checkpoint may submit to the Administrator 
of the Transportation Security Administration an application to 
carry out the screening of passengers and property at the 
airport under section 44901 by personnel of a qualified private 
screening company pursuant to a contract with the 
Transportation Security Administration.
  (b) Approval of Applications.--
          [(1) In general.--Not later than 120 days after the 
        date of receipt of an application submitted by an 
        airport operator under subsection (a), the Under 
        Secretary shall approve or deny the application.]
          (1) In general.--Not later than 30 days after the 
        date of receipt of an application submitted by an 
        operator of an airport, airport terminal, or airport 
        security checkpoint under subsection (a), the 
        Administrator shall approve or deny the application.
          (2) Standards.--The [Under Secretary] Administrator 
        shall approve an application submitted by an airport 
        operator under subsection (a) if the [Under Secretary] 
        Administrator determines that the approval would not 
        compromise security or detrimentally affect the cost-
        efficiency or the effectiveness of the screening of 
        passengers or property at the airport.
          (3) Reports on denials of applications.--
                  (A) In general.--If the [Under Secretary] 
                Administrator denies an application submitted 
                by an airport operator under subsection (a), 
                the [Under Secretary] Administrator shall 
                provide to the airport operator, not later than 
                60 days following the date of the denial, a 
                written report that sets forth--
                          (i) the findings that served as the 
                        basis for the denial;
                          (ii) the results of any cost or 
                        security analysis conducted in 
                        considering the application; and
                          (iii) recommendations on how the 
                        airport operator can address the 
                        reasons for the denial.
                  (B) Submission to congress.--The [Under 
                Secretary] Administrator shall submit to the 
                Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee 
                on Homeland Security of the House of 
                Representatives a copy of any report provided 
                to an airport operator under subparagraph (A).
  (c) Qualified Private Screening Company.--A private screening 
company is qualified to provide screening services at an 
airport under this section if the company will only employ 
individuals to provide such services who meet all the 
requirements of this chapter applicable to Federal Government 
personnel who perform screening services at airports under this 
chapter and will provide compensation and other benefits to 
such individuals that are not less than the level of 
compensation and other benefits provided to such Federal 
Government personnel in accordance with this chapter.
  (d) [Standards] Selection of Contracts and Standards for 
Private Screening Companies.--
          (1) In general.--[The Under Secretary may enter into 
        a contract with a private screening company to provide 
        screening at an airport under this section only if the 
        Under Secretary determines and certifies to Congress 
        that--]  The Administrator shall, upon approval of the 
        application, provide each operator of an airport, 
        airport terminal, or airport security checkpoint with a 
        list of qualified private screening companies.
          (2) Contracts.--Not later than 60 days after the 
        selection of a qualified private screening company by 
        the operator, the Administrator shall enter into a 
        contract with such company for the provision of 
        screening at the airport, airport terminal, or airport 
        security checkpoint if--
                  (A) the level of screening services and 
                protection provided at the airport under the 
                contract will be equal to or greater than the 
                level that would be provided at the airport by 
                Federal Government personnel under this 
                chapter[; and];
                  (B) the private screening company is owned 
                and controlled by a citizen of the United 
                States, to the extent that the [Under 
                Secretary]  Administrator determines that there 
                are private screening companies owned and 
                controlled by such citizens[.]; and
                  (C) the selected qualified private screening 
                company offered contract price is equal to or 
                less than the comprehensive cost to the Federal 
                Government to provide screening services at the 
                airport, airport terminal, or airport security 
                checkpoint.
          [(2)](3) Waivers.--The [Under Secretary] 
        Administrator may waive the requirement of [paragraph 
        (1)(B)] paragraph (2)(B) for any company that is a 
        United States subsidiary with a parent company that has 
        implemented a foreign ownership, control, or influence 
        mitigation plan that has been approved by the Defense 
        Security Service of the Department of Defense prior to 
        the submission of the application. The [Under 
        Secretary] Administrator has complete discretion to 
        reject any application from a private screening company 
        to provide screening services at an airport that 
        requires a waiver under this paragraph.
  (e) Supervision of [Screened] Screening Personnel.--[The 
Under Secretary shall] The Administrator shall--
          (1) provide Federal Government supervisors to oversee 
        all screening at each airport at which screening 
        services are provided under this section and provide 
        Federal Government law enforcement officers at the 
        airport pursuant to this chapter[.]; and
          (2) undertake covert testing and remedial training 
        support for employees of private screening companies 
        providing screening at airports.
  (f) Termination or Suspension of Contracts.--The [Under 
Secretary] Administrator may [terminate] suspend or terminate, 
as appropriate, any contract entered into with a private 
screening company to provide screening services at an airport 
under this section if the [Under Secretary] Administrator finds 
that the company has failed repeatedly to comply with any 
standard, regulation, directive, order, law, or contract 
applicable to the hiring or training of personnel to provide 
such services or to the provision of screening at the airport.
  (g) Operation of Airport.--Notwithstanding any other 
provision of law, an operator of an airport shall not be liable 
for any claims for damages filed in State or Federal court 
(including a claim for compensatory, punitive, contributory, or 
indemnity damages) relating to--
          (1) such airport operator's decision to submit an 
        application to the Secretary of Homeland Security under 
        [subsection (a) or section 44919] subsection (a) or 
        such airport operator's decision not to submit an 
        application; and
          (2) any act of negligence, gross negligence, or 
        intentional wrongdoing by--
                  (A) a qualified private screening company or 
                any of its employees in any case in which the 
                qualified private screening company is acting 
                under a contract entered into with the 
                Secretary of Homeland Security or the 
                Secretary's designee; or
                  (B) employees of the Federal Government 
                providing passenger and property security 
                screening services at the airport.
          (3) Nothing in this section shall relieve any airport 
        operator from liability for its own acts or omissions 
        related to its security responsibilities, nor except as 
        may be provided by the Support Anti-Terrorism by 
        Fostering Effective Technologies Act of 2002 shall it 
        relieve any qualified private screening company or its 
        employees from any liability related to its own acts of 
        negligence, gross negligence, or intentional 
        wrongdoing.
  [(h) Recommendations of Airport Operator.--As part of any 
submission of an application for a private screening company to 
provide screening services at an airport, the airport operator 
shall provide to the Under Secretary a recommendation as to 
which company would best serve the security screening and 
passenger needs of the airport, along with a statement 
explaining the basis of the operator's recommendation.]
  (i) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Transportation 
Security Administration.

Sec. 44921. Federal flight deck officer program

  (a) Establishment.--The [Under Secretary of Transportation 
for Security] Administrator shall establish a program to 
deputize volunteer pilots of air carriers providing air 
transportation or intrastate air transportation as Federal law 
enforcement officers to defend the flight decks of aircraft of 
such air carriers against acts of criminal violence or air 
piracy. Such officers shall be known as ``Federal flight deck 
officers''.
  (b) Procedural Requirements.--
          (1) In general.--[Not later than 3 months after the 
        date of enactment of this section, the Under Secretary] 
        The Administrator shall establish procedural 
        requirements to carry out the program under this 
        section.
          (2) Commencement of program.--[Beginning 3 months 
        after the date of enactment of this section, the Under 
        Secretary shall begin the process of training and 
        deputizing] The Administrator shall train and deputize 
        pilots who are qualified to be Federal flight deck 
        officers as FFDO under the program.
          (3) Issues to be addressed.--The procedural 
        requirements established under paragraph (1) shall 
        address the following issues:
                  (A) The type of firearm to be used by a 
                Federal flight deck officer.
                  (B) The type of ammunition to be used by a 
                Federal flight deck officer.
                  (C) The standards and training needed to 
                qualify and requalify as a Federal flight deck 
                officer.
                  (D) The placement of the firearm of a Federal 
                flight deck officer on board the aircraft to 
                ensure both its security and its ease of 
                retrieval in an emergency.
                  (E) An analysis of the risk of catastrophic 
                failure of an aircraft as a result of the 
                discharge (including an accidental discharge) 
                of a firearm to be used in the program into the 
                avionics, electrical systems, or other 
                sensitive areas of the aircraft.
                  (F) The division of responsibility between 
                pilots in the event of an act of criminal 
                violence or air piracy if only 1 pilot is a 
                Federal flight deck officer and if both pilots 
                are Federal flight deck officers.
                  (G) Procedures for ensuring that the firearm 
                of a Federal flight deck officer does not leave 
                the cockpit if there is a disturbance in the 
                passenger cabin of the aircraft or if the pilot 
                leaves the cockpit for personal reasons.
                  (H) Interaction between a Federal flight deck 
                officer and a Federal air marshal on board the 
                aircraft.
                  (I) The process for selection of pilots to 
                participate in the program based on their 
                fitness to participate in the program, 
                including whether an additional background 
                check should be required beyond that required 
                by section 44936(a)(1).
                  (J) Storage and transportation of firearms 
                between flights, including international 
                flights, to ensure the security of the 
                firearms, focusing particularly on whether such 
                security would be enhanced by requiring storage 
                of the firearm at the airport when the pilot 
                leaves the airport to remain overnight away 
                from the pilot's base airport.
                  (K) Methods for ensuring that security 
                personnel will be able to identify whether a 
                pilot is authorized to carry a firearm under 
                the program.
                  (L) Methods for ensuring that pilots 
                (including Federal flight deck officers) will 
                be able to identify whether a passenger is a 
                law enforcement officer who is authorized to 
                carry a firearm aboard the aircraft.
                  (M) Any other issues that the [Under 
                Secretary] Administrator considers necessary.
                  (N) The [Under Secretary's] Administrator's 
                decisions regarding the methods for 
                implementing each of the foregoing procedural 
                requirements shall be subject to review only 
                for abuse of discretion.
          (4) Preference.--In selecting pilots to participate 
        in the program, the [Under Secretary] Administrator 
        shall give preference to pilots who are former military 
        or law enforcement personnel.
          (5) Classified information.--Notwithstanding section 
        552 of title 5 but subject to section 40119 of this 
        title, information developed under paragraph (3)(E) 
        shall not be disclosed.
          (6) Notice to congress.--The [Under Secretary] 
        Administrator shall provide notice to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate after completing the 
        analysis required by paragraph (3)(E).
          (7) Minimization of risk.--If the [Under Secretary] 
        Administrator determines as a result of the analysis 
        under paragraph (3)(E) that there is a significant risk 
        of the catastrophic failure of an aircraft as a result 
        of the discharge of a firearm, the [Under Secretary] 
        Administrator shall take such actions as may be 
        necessary to minimize that risk.
  (c) Training, Supervision, and Equipment.--
          (1) In general.--The [Under Secretary] Administrator 
        shall only be obligated to provide the training, 
        supervision, and equipment necessary for a pilot to be 
        a Federal flight deck officer under this section at no 
        expense to the pilot or the air carrier employing the 
        pilot.
          (2) Training.--
                  (A) In general.--The [Under Secretary] 
                Administrator shall base the requirements for 
                the training of Federal flight deck officers 
                under subsection (b) on the training standards 
                applicable to Federal air marshals; except that 
                the [Under Secretary] Administrator shall take 
                into account the differing roles and 
                responsibilities of Federal flight deck 
                officers and Federal air marshals.
                  (B) Elements.--The training of a Federal 
                flight deck officer shall include, at a 
                minimum, the following elements:
                          (i) Training to ensure that the 
                        officer achieves the level of 
                        proficiency with a firearm required 
                        under subparagraph (C)(i).
                          (ii) Training to ensure that the 
                        officer maintains exclusive control 
                        over the officer's firearm at all 
                        times, including training in defensive 
                        maneuvers.
                          (iii) Training to assist the officer 
                        in determining when it is appropriate 
                        to use the officer's firearm and when 
                        it is appropriate to use less than 
                        lethal force.
                  (C) Training in use of firearms.--
                          (i) Standard.--In order to be 
                        deputized as a Federal flight deck 
                        officer, a pilot must achieve a level 
                        of proficiency with a firearm that is 
                        required by the [Under Secretary] 
                        Administrator. Such level shall be 
                        comparable to the level of proficiency 
                        required of Federal air marshals.
                          (ii) Conduct of training.--[The 
                        training of]
                                  (I) In general.--The training 
                                of a Federal flight deck 
                                officer in the use of a firearm 
                                may be conducted by the [Under 
                                Secretary] Administrator or by 
                                a firearms training facility 
                                [approved by the Under 
                                Secretary].
                                  (II) Access to training 
                                facilities.--Not later than 180 
                                days after the date of 
                                enactment of the TSA 
                                Modernization Act, the 
                                Administrator shall designate 
                                additional firearms training 
                                facilities located in various 
                                regions of the United States 
                                for Federal flight deck 
                                officers for recurrent and 
                                requalifying training relative 
                                to the number of such 
                                facilities available on the day 
                                before such date of enactment.
                          (iii) Requalification.--[The Under 
                        Secretary shall]
                                  (I) In general.--The 
                                Administrator shall require a 
                                Federal flight deck officer to 
                                requalify to carry a firearm 
                                under the program. Such 
                                requalification shall occur at 
                                an interval required by [the 
                                Under Secretary] the 
                                Administrator.
                                  (II) Use of facilities for 
                                requalification.--The 
                                Administrator shall allow a 
                                Federal flight deck officer to 
                                requalify to carry a firearm 
                                under the program through 
                                training at a Transportation 
                                Security Administration-
                                approved firearms training 
                                facility utilizing a 
                                Transportation Security 
                                Administration-approved 
                                contractor and a curriculum 
                                developed and approved by the 
                                Transportation Security 
                                Administration.
                          (iv) Periodic review.--The 
                        Administrator shall periodically review 
                        requalification training intervals and 
                        assess whether it is appropriate and 
                        sufficient to adjust the time between 
                        each requalification training to 
                        facilitate continued participation in 
                        the program under this section while 
                        still maintaining effectiveness of the 
                        training, and update the training 
                        requirements as appropriate.
                  (D) Training review.--The Administrator shall 
                periodically review training requirements for 
                initial and recurrent training for Federal 
                flight deck officers and evaluate how training 
                requirements, including the length of training, 
                could be streamlined while maintaining the 
                effectiveness of the training, and update the 
                training requirements as appropriate.
  (d) Deputization.--
          (1) In general.--The [Under Secretary] Administrator 
        may deputize, as a Federal flight deck officer under 
        this section, a pilot who submits to the [Under 
        Secretary] Administrator a request to be such an 
        officer and whom the [Under Secretary] Administrator 
        determines is qualified to be such an officer.
          (2) Qualification.--[A pilot is]
                  (A) In general.--A pilot is qualified to be a 
                Federal flight deck officer under this section 
                if--
                  [(A)](i) the pilot is employed by an air 
                carrier;
                  [(B)](ii) the [Under Secretary] Administrator 
                determines (in the [Under Secretary's] 
                Administrator's discretion) that the pilot 
                meets the standards established by the [Under 
                Secretary] Administrator for being such an 
                officer; and
                  [(C)](iii) the [Under Secretary] 
                Administrator determines that the pilot has 
                completed the training required by the [Under 
                Secretary] Administrator.
                  (B) Consistency with requirements for certain 
                medical certificates.--In establishing 
                standards under subparagraph (A)(ii), the 
                Administrator may not establish medical or 
                physical standards for a pilot to become a 
                Federal flight deck officer that are 
                inconsistent with or more stringent than the 
                requirements of the Federal Aviation 
                Administration for the issuance of the required 
                airman medical certificate under part 67 of 
                title 14, Code of Federal Regulations (or any 
                corresponding similar regulation or ruling).
          (3) Deputization by other federal agencies.--The 
        [Under Secretary] Administrator may request another 
        Federal agency to deputize, as Federal flight deck 
        officers under this section, those pilots that the 
        [Under Secretary] Administrator determines are 
        qualified to be such officers.
          (4) Revocation.--The [Under Secretary] Administrator 
        [may,] may (in the [Under Secretary's] Administrator's 
        discretion) revoke the deputization of a pilot as a 
        Federal flight deck officer if the [Under Secretary] 
        Administrator finds that the pilot is no longer 
        qualified to be such an officer.
          (5) Transfer from inactive to active status.--In 
        accordance with any applicable Transportation Security 
        Administration appeals processes, a pilot deputized as 
        a Federal flight deck officer who moves to inactive 
        status may return to active status upon successful 
        completion of a recurrent training program administered 
        within program guidelines.
  (e) Compensation.--[Pilots participating]
          (1) In general.--Pilots participating in the program 
        under this section shall not be eligible for 
        compensation from the Federal Government for services 
        provided as a Federal flight deck officer. The Federal 
        Government and air carriers shall not be obligated to 
        compensate a pilot for participating in the program or 
        for the pilot's training or qualification and 
        requalification to carry firearms under the program.
          (2) Facilitation of training.--An air carrier shall 
        permit a pilot seeking to be deputized as a Federal 
        flight deck officer or a Federal flight deck officer to 
        take a reasonable amount of leave to participate in 
        initial, recurrent, or requalification training, as 
        applicable, for the program. Leave required under this 
        paragraph may be provided without compensation.
  (f) Authority to Carry Firearms.--
          (1) In general.--The [Under Secretary] Administrator 
        shall authorize a Federal flight deck officer to carry 
        a firearm while engaged in providing air transportation 
        or intrastate air transportation. Notwithstanding 
        subsection (c)(1), the officer may purchase a firearm 
        and carry that firearm aboard an aircraft of which the 
        officer is the pilot in accordance with this section if 
        the firearm is of a type that may be used under the 
        program.
          (2) Preemption.--Notwithstanding any other provision 
        of Federal or State law, a Federal flight deck officer, 
        whenever necessary to participate in the program, may 
        carry a firearm in any State and from 1 State to 
        another State.
          (3) Carrying firearms outside united states.--In 
        consultation with the Secretary of State, the [Under 
        Secretary] Administrator may take such action as may be 
        necessary to ensure that a Federal flight deck officer 
        may carry a firearm in a foreign country whenever 
        necessary to participate in the program.
          (4) Consistency with federal air marshal program.--
        The Administrator shall harmonize, to the extent 
        practicable, the policies relating to the carriage of 
        firearms on flights in foreign air transportation by 
        Federal flight deck officers with the policies of the 
        Federal air marshal program for carrying firearms on 
        such flights and carrying out the duties of a Federal 
        flight deck officer, notwithstanding Annex 17 of the 
        International Civil Aviation Organization.
  (g) Authority to Use Force.--Notwithstanding section 
44903(d), the [Under Secretary] Administrator shall prescribe 
the standards and circumstances under which a Federal flight 
deck officer may use, while the program under this section is 
in effect, force (including lethal force) against an individual 
in the defense of the flight deck of an aircraft in air 
transportation or intrastate air transportation.
  (h) Limitation on Liability.--
          (1) Liability of air carriers.--An air carrier shall 
        not be liable for damages in any action brought in a 
        Federal or State court arising out of a Federal flight 
        deck officer's use of or failure to use a firearm.
          (2) Liability of federal flight deck officers.--A 
        Federal flight deck officer shall not be liable for 
        damages in any action brought in a Federal or State 
        court arising out of the acts or omissions of the 
        officer in defending the flight deck of an aircraft 
        against acts of criminal violence or air piracy unless 
        the officer is guilty of gross negligence or willful 
        misconduct.
          (3) Liability of federal government.--For purposes of 
        an action against the United States with respect to an 
        act or omission of a Federal flight deck officer in 
        defending the flight deck of an aircraft, the officer 
        shall be treated as an employee of the Federal 
        Government under chapter 171 of title 28, relating to 
        tort claims procedure.
  (i) Procedures Following Accidental Discharges.--If an 
accidental discharge of a firearm under the pilot program 
results in the injury or death of a passenger or crew member on 
an aircraft, the [Under Secretary] Administrator--
          (1) shall revoke the deputization of the Federal 
        flight deck officer responsible for that firearm if the 
        [Under Secretary] Administrator determines that the 
        discharge was attributable to the negligence of the 
        officer; and
          (2) if the [Under Secretary] Administrator determines 
        that a shortcoming in standards, training, or 
        procedures was responsible for the accidental 
        discharge, [the Under Secretary may] may temporarily 
        suspend the program until the shortcoming is corrected.
  (j) Limitation on Authority of Air Carriers.--No air carrier 
shall prohibit or threaten any retaliatory action against a 
pilot employed by the air carrier from becoming a Federal 
flight deck officer under this section. No air carrier shall--
          (1) prohibit a Federal flight deck officer from 
        piloting an aircraft operated by the air carrier; or
          (2) terminate the employment of a Federal flight deck 
        officer, solely on the basis of his or her volunteering 
        for or participating in the program under this section.
  (k) Applicability.--
          [(1) Exemption].--This section shall not apply to air 
        carriers operating under part 135 of title 14, Code of 
        Federal Regulations, and to pilots employed by such 
        carriers to the extent that such carriers and pilots 
        are covered by section 135.119 of such title or any 
        successor to such section.
          [(2) Pilot defined.--The term ``pilot'' means an 
        individual who has final authority and responsibility 
        for the operation and safety of the flight or any other 
        flight deck crew member.
          [(3) All-cargo air transportation.--In this section, 
        the term ``air transportation'' includes all-cargo air 
        transportation.]
  (l) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Transportation Security 
        Administration.
          (2) Air transportation.--The term ``air 
        transportation'' includes all-cargo air transportation.
          (3) Firearms training facility.--The term ``firearms 
        training facility'' means a private or government-owned 
        gun range approved by the Administrator to provide 
        recurrent or requalification training, as applicable, 
        for the program, utilizing a Transportation Security 
        Administration-approved contractor and a curriculum 
        developed and approved by the Transportation Security 
        Administration.
          (4) Pilot.--The term ``pilot'' means an individual 
        who has final authority and responsibility for the 
        operation and safety of the flight or any other flight 
        deck crew member.

Sec. 44922. [Deputation] Deputization of State and local law 
                    enforcement officers

  (a) [Deputation] Deputization Authority.--The [Under 
Secretary of Transportation for Security] Administrator of the 
Transportation Security Administration may deputize a State or 
local law enforcement officer to carry out Federal airport 
security duties under this chapter.
  (b) Fulfillment of Requirements.--A State or local law 
enforcement officer who is deputized under this section shall 
be treated as a Federal law enforcement officer for purposes of 
meeting the requirements of this chapter and other provisions 
of law to provide Federal law enforcement officers to carry out 
Federal airport security duties.
  (c) Agreements.--To deputize a State or local law enforcement 
officer under this section, the [Under Secretary] Administrator 
shall enter into a voluntary agreement with the appropriate 
State or local law enforcement agency that employs the State or 
local law enforcement officer.
  (d) Reimbursement.--
          (1) In general.--The [Under Secretary] Administrator 
        shall reimburse a State or local law enforcement agency 
        for all reasonable, allowable, and allocable costs 
        incurred by the State or local law enforcement agency 
        with respect to a law enforcement officer deputized 
        under this section.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this subsection.
  (e) Federal Tort Claims Act.--A State or local law 
enforcement officer who is deputized under this section shall 
be treated as an ``employee of the Government'' for purposes of 
sections 1346(b), 2401(b), and chapter 171 of title 28, United 
States Code , while carrying out Federal airport security 
duties within the course and scope of the officer's employment, 
subject to Federal supervision and control, and in accordance 
with the terms of such [deputation] deputization.
  (f) Stationing of Officers.--The [Under Secretary] 
Administrator may allow law enforcement personnel to be 
stationed other than at the airport security screening location 
if that would be preferable for law enforcement purposes and if 
such personnel would still be able to provide prompt 
responsiveness to problems occurring at the screening location.

Sec. 44923. Airport security improvement projects

  (a) Grant Authority.--Subject to the requirements of this 
section, the [Under Secretary for Border and Transportation 
Security of the Department of Homeland Security] Administrator 
of the Transportation Security Administration shall make grants 
to airport sponsors--
          (1) for projects to replace baggage conveyer systems 
        related to aviation security;
          (2) for projects to reconfigure terminal baggage 
        areas as needed to install explosive detection systems;
          (3) for projects to enable the Under Secretary to 
        deploy explosive detection systems behind the ticket 
        counter, in the baggage sorting area, or in line with 
        the baggage handling system; and
          (4) for other airport security capital improvement 
        projects.
  (b) Applications.--A sponsor seeking a grant under this 
section shall submit to the Under Secretary an application in 
such form and containing such information as the Under 
Secretary prescribes.
  (c) Approval.--The Under Secretary, after consultation with 
the Secretary of Transportation, may approve an application of 
a sponsor for a grant under this section only if the Under 
Secretary determines that the project will improve security at 
an airport or improve the efficiency of the airport without 
lessening security.
  (d) Letters of Intent.--
          (1) Issuance.--The Under Secretary shall issue a 
        letter of intent to a sponsor committing to obligate 
        from future budget authority an amount, not more than 
        the Federal Government's share of the project's cost, 
        for an airport security improvement project (including 
        interest costs and costs of formulating the project).
          (2) Schedule.--A letter of intent under this 
        subsection shall establish a schedule under which the 
        Under Secretary will reimburse the sponsor for the 
        Government's share of the project's costs, as amounts 
        become available, if the sponsor, after the Under 
        Secretary issues the letter, carries out the project 
        without receiving amounts under this section.
          (3) Notice to under secretary.--A sponsor that has 
        been issued a letter of intent under this subsection 
        shall notify the Under Secretary of the sponsor's 
        intent to carry out a project before the project 
        begins.
          (4) Notice to congress.--The Under Secretary shall 
        transmit to the Committees on Appropriations and 
        Transportation and Infrastructure of the House of 
        Representatives and the Committees on Appropriations 
        and Commerce, Science and Transportation of the Senate 
        a written notification at least 3 days before the 
        issuance of a letter of intent under this section.
          (5) Limitations.--A letter of intent issued under 
        this subsection is not an obligation of the Government 
        under section 1501 of title 31, and the letter is not 
        deemed to be an administrative commitment for 
        financing. An obligation or administrative commitment 
        may be made only as amounts are provided in 
        authorization and appropriations laws.
          (6) Statutory construction.--Nothing in this 
        subsection shall be construed to prohibit the 
        obligation of amounts pursuant to a letter of intent 
        under this subsection in the same fiscal year as the 
        letter of intent is issued.
  (e) Federal Share.--
          [(1) In general].--The Government's share of the cost 
        of a project under this section shall be 90 percent for 
        a project at a medium or large hub airport and 95 
        percent for a project at any other airport.
          [(2) Existing letters of intent.--The Under Secretary 
        shall revise letters of intent issued before the date 
        of enactment of this section to reflect the cost share 
        established in this subsection with respect to grants 
        made after September 30, 2003.]
  (f) Sponsor Defined.--In this section, the term ``sponsor'' 
has the meaning given that term in section 47102.
  [(j)  Authorization of Appropriations.--
          [(1) In general.--In addition to amounts made 
        available under subsection (h), there is authorized to 
        be appropriated to carry out this section $400,000,000 
        for each of fiscal years 2005, 2006, and 2007, and 
        $450,000,000 for each of fiscal years 2008 through 
        2011. Such sums shall remain available until expended.
          [(2) Allocations.--50 percent of amounts appropriated 
        pursuant to this subsection for a fiscal year shall be 
        used for making allocations under subsection (h)(2) and 
        50 percent of such amounts shall be used for making 
        discretionary grants under subsection (h)(3).]

Sec. 44924. Repair station security

  (a) Security Review and Audit.--To ensure the security of 
maintenance and repair work conducted on air carrier aircraft 
and components at foreign repair stations, the [Under Secretary 
for Border and Transportation Security of the Department of 
Homeland Security] Administrator of the Transportation Security 
Administration, in consultation with the Administrator of the 
Federal Aviation Administration, shall complete a security 
review and audit of foreign repair stations that are certified 
by the [Administrator under] Administrator of the Federal 
Aviation Administration under part 145 of title 14, Code of 
Federal Regulations, and that work on air carrier aircraft and 
components. The review shall be completed not later than 6 
months after the date on which the [Under Secretary] 
Administrator of the Transportation Security Administration 
issues regulations under subsection (f).
  (b) Addressing Security Concerns.--The [Under Secretary] 
Administrator of the Transportation Security Administration 
shall require a foreign repair station to address the security 
issues and vulnerabilities identified in a security audit 
conducted under subsection (a) within 90 days of providing 
notice to the repair station of the security issues and 
vulnerabilities so identified and shall notify the 
[Administrator] Administrator of the Federal Aviation 
Administration that a deficiency was identified in the security 
audit.
  (c) Suspensions and Revocations of Certificates.--
          (1) Failure to carry out effective security 
        measures.--If, after the 90th day on which a notice is 
        provided to a foreign repair station under subsection 
        (b), the [Under Secretary] Administrator of the 
        Transportation Security Administration determines that 
        the foreign repair station does not maintain and carry 
        out effective security measures, the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration shall notify the [Administrator] 
        Administrator of the Federal Aviation Administration of 
        the determination. Upon receipt of the determination, 
        the [Administrator] Administrator of the Federal 
        Aviation Administration shall suspend the certification 
        of the repair station until such time as the [Under 
        Secretary] Administrator of the Transportation Security 
        Administration determines that the repair station 
        maintains and carries out effective security measures 
        and transmits the determination to the [Administrator] 
        Administrator of the Federal Aviation Administration.
          (2) Immediate security risk.--If the [Under 
        Secretary] Administrator of the Transportation Security 
        Administration determines that a foreign repair station 
        poses an immediate security risk, the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration shall notify the [Administrator] 
        Administrator of the Federal Aviation Administration of 
        the determination. Upon receipt of the determination, 
        the [Administrator] Administrator of the Federal 
        Aviation Administration shall revoke the certification 
        of the repair station.
          (3) Procedures for appeals.--The [Under Secretary] 
        Administrator of the Transportation Security 
        Administration, in consultation with the 
        [Administrator] Administrator of the Federal Aviation 
        Administration, shall establish procedures for 
        appealing a revocation of a certificate under this 
        subsection.
  (d) Failure to Meet Audit Deadline.--If the security audits 
required by subsection (a) are not completed on or before the 
date that is 6 months after the date on which the [Under 
Secretary] Administrator of the Transportation Security 
Administration issues regulations under subsection (f), the 
[Administrator] Administrator of the Federal Aviation 
Administration shall be barred from certifying any foreign 
repair station (other than a station that was previously 
certified, or is in the process of certification, by the 
Administration under this part) until such audits are completed 
for existing stations.
  (e) Priority for Audits.--In conducting the audits described 
in subsection (a), the [Under Secretary] Administrator of the 
Transportation Security Administration and the [Administrator] 
Administrator of the Federal Aviation Administration shall give 
priority to foreign repair stations located in countries 
identified by the Government as posing the most significant 
security risks.
  (f) Regulations.--[Not later than 240 days after the date of 
enactment of this section, the] The [Under Secretary] 
Administrator of the Transportation Security Administration, in 
consultation with the [Administrator] Administrator of the 
Federal Aviation Administration, shall issue final regulations 
to ensure the security of foreign and domestic aircraft repair 
stations.
  (g) Report to Congress.--If the [Under Secretary] 
Administrator of the Transportation Security Administration 
does not issue final regulations before the deadline specified 
in subsection (f), the [Under Secretary] Administrator of the 
Transportation Security Administration shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing an explanation 
as to why the deadline was not met and a schedule for issuing 
the final regulations.

Sec. 44925. Deployment and use of detection equipment at airport 
                    screening checkpoints

  (a) Weapons and Explosives.--The Secretary of Homeland 
Security shall give a high priority to developing, testing, 
improving, and deploying, at airport screening checkpoints, 
equipment that detects nonmetallic, chemical, biological, and 
radiological weapons, and explosives, in all forms, on 
individuals and in their personal property. The Secretary shall 
ensure that the equipment alone, or as part of an integrated 
system, can detect under realistic operating conditions the 
types of weapons and explosives that terrorists would likely 
try to smuggle aboard an air carrier aircraft.
  (b) Strategic Plan for Deployment and Use of Explosive 
Detection Equipment at Airport Screening Checkpoints.--
          (1) In general.--[Not later than 90 days after the 
        date of enactment of this section, the Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration)] The Administrator of the 
        Transportation Security Administration shall submit to 
        the appropriate congressional committees a strategic 
        plan to promote the optimal utilization and deployment 
        of explosive detection equipment at airports to screen 
        individuals and their personal property. Such equipment 
        includes walk-through explosive detection portals, 
        document scanners, shoe scanners, and backscatter x-ray 
        scanners. The plan may be submitted in a classified 
        format.
          (2) Content.--The strategic plan shall include, at 
        minimum--
                  (A) a description of current efforts to 
                detect explosives in all forms on individuals 
                and in their personal property;
                  (B) a description of the operational 
                applications of explosive detection equipment 
                at airport screening checkpoints;
                  (C) a deployment schedule and a description 
                of the quantities of equipment needed to 
                implement the plan;
                  (D) a description of funding needs to 
                implement the plan, including a financing plan 
                that provides for leveraging of non-Federal 
                funding;
                  (E) a description of the measures taken and 
                anticipated to be taken in carrying out 
                subsection (d); and
                  (F) a description of any recommended 
                legislative actions.
          [(3) Implementation.--The Secretary shall begin 
        implementation of the strategic plan within one year 
        after the date of enactment of this paragraph.]
  (c) Portal Detection Systems.--There is authorized to be 
appropriated to the Secretary of Homeland Security for the use 
of the Transportation Security Administration $250,000,000, in 
addition to any amounts otherwise authorized by law, for 
research, development, and installation of detection systems 
and other devices for the detection of biological, chemical, 
radiological, and explosive materials.
  (d) Interim Action.--Until measures are implemented that 
enable the screening of all passengers for explosives, the 
[Assistant Secretary] Administrator of the Transportation 
Security Administration shall provide, by such means as the 
[Assistant Secretary] Administrator of the Transportation 
Security Administration considers appropriate, explosives 
detection screening for all passengers identified for 
additional screening and their personal property that will be 
carried aboard a passenger aircraft operated by an air carrier 
or foreign air carrier in air transportation or intrastate air 
transportation.

Sec. 44926. Appeal and redress process for passengers wrongly delayed 
                    or prohibited from boarding a flight

  (a) In General.--The Secretary of Homeland Security shall 
establish a timely and fair process for individuals who believe 
they have been delayed or prohibited from boarding a commercial 
aircraft because they were wrongly identified as a threat under 
the regimes utilized by the Transportation Security 
Administration, United States Customs and Border Protection, or 
any other office or component of the Department of Homeland 
Security.
  (b) Office of Appeals and Redress.--
          (1) Establishment.--The Secretary shall establish in 
        the Department an Office of Appeals and Redress to 
        implement, coordinate, and execute the process 
        established by the Secretary pursuant to subsection 
        (a). The Office shall include representatives from the 
        Transportation Security Administration, United States 
        Customs and Border Protection, and such other offices 
        and components of the Department as the Secretary 
        determines appropriate.
          (2) Records.--The process established by the 
        Secretary pursuant to subsection (a) shall include the 
        establishment of a method by which the Office, under 
        the direction of the Secretary, will be able to 
        maintain a record of air carrier passengers and other 
        individuals who have been misidentified and have 
        corrected erroneous information.
          (3) Information.--To prevent repeated delays of [an 
        misidentified passenger] a misidentified passenger or 
        other individual, the Office shall--
                  (A) ensure that the records maintained under 
                this subsection contain information determined 
                by the Secretary to authenticate the identity 
                of such a passenger or individual;
                  (B) furnish to the Transportation Security 
                Administration, United States Customs and 
                Border Protection, or any other appropriate 
                office or component of the Department, upon 
                request, such information as may be necessary 
                to allow such office or component to assist air 
                carriers in improving their administration of 
                the advanced passenger prescreening system and 
                reduce the number of false positives; and
                  (C) require air carriers and foreign air 
                carriers take action to identify passengers 
                determined, under the process established under 
                subsection (a), to have been wrongly 
                identified.
          (4) Handling of personally identifiable 
        information.--The Secretary, in conjunction with the 
        Chief Privacy Officer of the Department shall--
                  (A) require that Federal employees of the 
                Department handling personally identifiable 
                information of passengers (in this paragraph 
                referred to as 'PII') complete mandatory 
                privacy and security training prior to being 
                authorized to handle PII;
                  (B) ensure that the records maintained under 
                this subsection are secured by encryption, one-
                way hashing, other data anonymization 
                techniques, or such other equivalent security 
                technical protections as the Secretary 
                determines necessary;
                  (C) limit the information collected from 
                misidentified passengers or other individuals 
                to the minimum amount necessary to resolve a 
                redress request;
                  (D) require that the data generated under 
                this subsection shall be shared or transferred 
                via a secure data network, that has been 
                audited to ensure that the anti-hacking and 
                other security related software functions 
                properly and is updated as necessary;
                  (E) ensure that any employee of the 
                Department receiving the data contained within 
                the records handles the information in 
                accordance with the section 552a of title 5, 
                United States Code, and the Federal Information 
                Security Management Act of 2002 (Public Law 
                107-296);
                  (F) only retain the data for as long as 
                needed to assist the individual traveler in the 
                redress process; and
                  (G) conduct and publish a privacy impact 
                assessment of the process described within this 
                subsection and transmit the assessment to the 
                Committee on Homeland Security of the House of 
                Representatives, the Committee on Commerce, 
                Science, and Transportation of the Senate, and 
                Committee on Homeland Security and Governmental 
                Affairs of the Senate.
          (5) Initiation of redress process at airports.--The 
        Office shall establish at each airport at which the 
        Department has a significant presence a process to 
        provide information to air carrier passengers to begin 
        the redress process established pursuant to subsection 
        (a).

Sec. 44927. Expedited screening for severely injured or disabled 
                    members of the Armed Forces and severely injured or 
                    disabled veterans

  (a) Passenger Screening.--The [Assistant Secretary] 
Administrator of the Transportation Security Administration, in 
consultation with the Secretary of Defense, the Secretary of 
[Veterans Affairs] Veterans Affairs, and organizations 
identified by the Secretaries of Defense and Veteran Affairs 
that advocate on behalf of severely injured or disabled members 
of the Armed Forces and severely injured or disabled veterans, 
shall develop and implement a process to support and facilitate 
the ease of travel and to the extent possible provide expedited 
passenger screening services for severely injured or disabled 
members of the Armed Forces and severely injured or disabled 
veterans through passenger screening. The process shall be 
designed to offer the individual private screening to the 
maximum extent practicable.
  (b) Operations Center.--As part of the process under 
subsection (a), the [Assistant Secretary] Administrator of the 
Transportation Security Administration shall maintain an 
operations center to provide support and facilitate the 
movement of severely injured or disabled members of the Armed 
Forces and severely injured or disabled veterans through 
passenger screening prior to boarding a passenger aircraft 
operated by an air carrier or foreign air carrier in air 
transportation or intrastate air transportation.
  (c) Protocols.--The [Assistant Secretary] Administrator of 
the Transportation Security Administration shall--
          (1) establish and publish protocols, in consultation 
        with the Secretary of Defense, the Secretary of 
        Veterans Affairs, and the organizations identified 
        under subsection (a), under which a severely injured or 
        disabled member of the Armed Forces or severely injured 
        or disabled veteran, or the family member or other 
        representative of such member or veteran, may contact 
        the operations center maintained under subsection (b) 
        and request the expedited passenger screening services 
        described in subsection (a) for that member or veteran; 
        and
          (2) upon receipt of a request under paragraph (1), 
        require the operations center to notify the appropriate 
        Federal Security Director of the request for expedited 
        passenger screening services, as described in 
        subsection (a), for that member or veteran.
  (d) Training.--The [Assistant Secretary] Administrator of the 
Transportation Security Administration shall integrate training 
on the protocols established under subsection (c) into the 
training provided to all employees who will regularly provide 
the passenger screening services described in subsection (a).
  (e) Rule of Construction.--Nothing in this section shall 
affect the authority of the [Assistant Secretary] Administrator 
of the Transportation Security Administration to require 
additional screening of a severely injured or disabled member 
of the Armed Forces, a severely injured or disabled veteran, or 
their accompanying family members or nonmedical attendants, if 
intelligence, law enforcement, or other information indicates 
that additional screening is necessary.
  (f) [Report] Reports.--[Not later than 1 year after the date 
of enactment of this section, and annually thereafter,] Each 
year, the [Assistant Secretary] Administrator of the 
Transportation Security Administration shall submit to Congress 
a report on the implementation of this section. Each report 
shall include each of the following:
          (1) Information on the training provided under 
        subsection (d).
          (2) Information on the consultations between the 
        [Assistant Secretary] Administrator of the 
        Transportation Security Administration and the 
        organizations identified under subsection (a).
          (3) The number of people who accessed the operations 
        center during the period covered by the report.
          (4) Such other information as the [Assistant 
        Secretary] Administrator of the Transportation Security 
        Administration determines is appropriate.

Sec. 44929. Donation of screening equipment to protect the United 
                    States

  (a) In General.--Subject to subsection (b), the Administrator 
is authorized to donate security screening equipment to a 
foreign last point of departure airport operator if such 
equipment can be reasonably expected to mitigate a specific 
vulnerability to the security of the United States or United 
States citizens.
  (b) Conditions.--Before donating any security screening 
equipment to a foreign last point of departure airport operator 
the Administrator shall--
          (1) ensure that the screening equipment has been 
        restored to commercially available settings;
          (2) ensure that no TSA-specific security standards or 
        algorithms exist on the screening equipment; and
          (3) verify that the appropriate officials have an 
        adequate system--
                  (A) to properly maintain and operate the 
                screening equipment; and
                  (B) to document and track any removal or 
                disposal of the screening equipment to ensure 
                the screening equipment does not come into the 
                possession of terrorists or otherwise pose a 
                risk to security.
  (c) Reports.--Not later than 30 days before any donation of 
security screening equipment under subsection (a), the 
Administrator shall provide to the Committee on Commerce, 
Science, and Transportation and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives 
a detailed written explanation of the following:
          (1) The specific vulnerability to the United States 
        or United States citizens that will be mitigated by 
        such donation.
          (2) An explanation as to why the recipient of such 
        donation is unable or unwilling to purchase security 
        screening equipment to mitigate such vulnerability.
          (3) An evacuation plan for sensitive technologies in 
        case of emergency or instability in the country to 
        which such donation is being made.
          (4) How the Administrator will ensure the security 
        screening equipment that is being donated is used and 
        maintained over the course of its life by the 
        recipient.
          (5) The total dollar value of such donation.
          (6) How the appropriate officials will document and 
        track any removal or disposal of the screening 
        equipment by the recipient to ensure the screening 
        equipment does not come into the possession of 
        terrorists or otherwise pose a risk to security.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

                         CHAPTER 449. SECURITY

              SUBCHAPTER II. ADMINISTRATION AND PERSONNEL

Sec. 44931. Authority to exempt

  The Secretary of Homeland Security may grant an exemption 
from a regulation prescribed in carrying out sections 44901, 
44903, 44906, 44909(c), and 44935-44937 of this title when the 
Secretary decides the exemption is in the public interest.

Sec. 44932. Administrative

  (a) General Authority.--The Secretary of Homeland Security 
may take action the Secretary considers necessary to carry out 
this chapter and chapters 461, 463, and 465 of this title, 
including conducting investigations, prescribing regulations, 
standards, and procedures, and issuing orders.
  (b) Indemnification.--The Secretary of Homeland Security may 
indemnify an officer or employee of the Transportation Security 
Administration against a claim or judgment arising out of an 
act that the Secretary decides was committed within the scope 
of the official duties of the officer or employee.

Sec. 44933. Federal Security Managers

  (a) Establishment, Designation, and Stationing.--The [Under 
Secretary of Transportation for Security] Administrator of the 
Transportation Security Administration shall establish the 
position of [Federal Security Manager] Federal Security 
Director at each airport in the United States described in 
section 44903(c). The [Under Secretary] Administrator of the 
Transportation Security Administration shall designate 
individuals as [Managers] Federal Security Directors for, and 
station those [Managers] Federal Security Directors at, those 
airports.
  (b) Duties and Powers.--The [Manager] Federal Security 
Director at each airport shall--
          (1) oversee the screening of passengers and property 
        at the airport; and
          (2) carry out other duties prescribed by the [Under 
        Secretary] Administrator of the Transportation Security 
        Administration.

Sec. 44934. Foreign Security Liaison Officers

  (a) Establishment, Designation, and Stationing.--The [Under 
Secretary of Transportation for Security] Administrator of the 
Transportation Security Administration shall establish the 
position of Foreign Security Liaison Officer for each airport 
outside the United States at which the [Under Secretary] 
Administrator decides an Officer is necessary for air 
transportation security. In coordination with the Secretary of 
State, the [Under Secretary] Administrator shall designate an 
Officer for each of those [airports. In coordination with the 
Secretary] airports. In coordination with the Secretary of 
State, the [Under Secretary] Administrator shall designate an 
Officer for each of those airports where extraordinary security 
measures are in place. [The Secretary shall give high priority] 
The Secretary of State shall give high priority to stationing 
those Officers.
  (b) Duties and Powers.--An Officer reports directly to the 
[Under Secretary]  Administrator of the Transportation Security 
Administration. The Officer at each airport shall--
          (1) serve as the liaison of the [Under Secretary] 
        Administrator to foreign security authorities 
        (including governments of foreign countries and foreign 
        airport authorities) in carrying out United States 
        Government security requirements at that airport; and
          (2) to the extent practicable, carry out duties and 
        powers referred to in section 44933(b) of this title.
  (c) Coordination of Activities.--The activities of each 
Officer shall be coordinated with the chief of the diplomatic 
mission of the United States to which the Officer is assigned. 
Activities of an Officer under this section shall be consistent 
with the duties and powers of [the Secretary and the chief] the 
Secretary of State and the chief of mission to a foreign 
country under section 103 of the Omnibus Diplomatic Security 
and Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 
of the Foreign Service Act of 1980 (22 U.S.C. 3927).

Sec. 44935. Employment standards and training

  (a) Employment Standards.--The [Under Secretary of 
Transportation for Security] Administrator shall prescribe 
standards for the employment and continued employment of, and 
contracting for, air carrier personnel and, as appropriate, 
airport security personnel. The standards shall include--
          (1) minimum training requirements for new employees;
          (2) retraining requirements;
          (3) minimum staffing levels;
          (4) minimum language skills; and
          (5) minimum education levels for employees, when 
        appropriate.
  (b) Review and Recommendations.--In coordination with air 
carriers, airport operators, and other interested persons, the 
[Under Secretary] Administrator shall review issues related to 
human performance in the aviation security system to maximize 
that performance. When the review is completed, the [Under 
Secretary] Administrator shall recommend guidelines and 
prescribe appropriate changes in existing procedures to improve 
that performance.
  (c) Security Program Training, Standards, and 
Qualifications.--
          (1) The [Under Secretary] Administrator--
                  (A) may train individuals employed to carry 
                out a security program under section 44903(c) 
                of this title; and
                  (B) shall prescribe uniform training 
                standards and uniform minimum qualifications 
                for individuals eligible for that training.
          (2) The [Under Secretary] Administrator may authorize 
        reimbursement for travel, transportation, and 
        subsistence expenses for security training of non-
        United States Government domestic and foreign 
        individuals whose services will contribute 
        significantly to carrying out civil aviation security 
        programs. To the extent practicable, air travel 
        reimbursed under this paragraph shall be on air 
        carriers.
  (d) Education and Training Standards for Security 
Coordinators, Supervisory Personnel, and Pilots.--
          (1) The [Under Secretary] Administrator shall 
        prescribe standards for educating and training--
                  (A) ground security coordinators;
                  (B) security supervisory personnel; and
                  (C) airline pilots as in-flight security 
                coordinators.
          (2) The standards shall include initial training, 
        retraining, and continuing education requirements and 
        methods. Those requirements and methods shall be used 
        annually to measure the performance of ground security 
        coordinators and security supervisory personnel.
  (e) Security Screeners.--
          (1) Training program.--The [Under Secretary of 
        Transportation for Security] Administrator shall 
        establish a program for the hiring and training of 
        security screening personnel.
          (2) Hiring.--
                  (A) Qualifications.--[Within 30 days after 
                the date of enactment of the Aviation and 
                Transportation Security Act, the] The [Under 
                Secretary] Administrator shall establish 
                qualification standards for individuals to be 
                hired by the United States as security 
                screening personnel. Notwithstanding any other 
                provision of law, those standards shall 
                require, at a minimum, an individual--
                          (i) to have a satisfactory or better 
                        score on a Federal security screening 
                        personnel selection examination;
                          (ii) to be a citizen of the United 
                        States or a national of the United 
                        States, as defined in [section 
                        1101(a)(22)] section 101(a)(22) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101(a)(22));
                          (iii) to meet, at a minimum, the 
                        requirements set forth in subsection 
                        (f);
                          (iv) to meet such other 
                        qualifications as the [Under Secretary] 
                        Administrator may establish; and
                          (v) to have the ability to 
                        demonstrate daily a fitness for duty 
                        without any impairment due to illegal 
                        drugs, sleep deprivation, medication, 
                        or alcohol.
                  (B) Background checks.--The [Under Secretary] 
                Administrator shall require that an individual 
                to be hired as a security screener undergo an 
                employment investigation (including a criminal 
                history record check) under section 
                44936(a)(1).
                  (C) Disqualification of individuals who 
                present national security risks.--The [Under 
                Secretary] Administrator, in consultation with 
                the heads of other appropriate Federal 
                agencies, shall establish procedures, in 
                addition to any back ground check conducted 
                under section 44936, to ensure that no 
                individual who presents a threat to national 
                security is employed as a security screener.
          (3) Examination; review of existing rules.--The 
        [Under Secretary] Administrator shall develop a 
        security screening personnel examination for use in 
        determining the qualification of individuals seeking 
        employment as security screening personnel. The [Under 
        Secretary] Administrator shall also review, and revise 
        as necessary, any standard, rule, or regulation 
        governing the employment of individuals as security 
        screening personnel.
  (f) Employment Standards for Screening Personnel.--
          (1) Screener requirements.--Notwithstanding any other 
        provision of law, an individual may not be deployed as 
        a security screener unless that individual meets the 
        following requirements:
                  (A) The individual shall possess a high 
                school diploma, a general equivalency diploma, 
                or experience that the [Under Secretary] 
                Administrator has determined to be sufficient 
                for the individual to perform the duties of the 
                position.
                  (B) The individual shall possess basic 
                aptitudes and physical abilities, including 
                color perception, visual and aural acuity, 
                physical coordination, and motor skills, to the 
                following standards:
                          (i) Screeners operating screening 
                        equipment shall be able to distinguish 
                        on the screening equipment monitor the 
                        appropriate imaging standard specified 
                        by the [Under Secretary] Administrator.
                          (ii) Screeners operating any 
                        screening equipment shall be able to 
                        distinguish each color displayed on 
                        every type of screening equipment and 
                        explain what each color signifies.
                          (iii) Screeners shall be able to hear 
                        and respond to the spoken voice and to 
                        audible alarms generated by screening 
                        equipment in an active checkpoint 
                        environment.
                          (iv) Screeners performing physical 
                        searches or other related operations 
                        shall be able to efficiently and 
                        thoroughly manipulate and handle such 
                        baggage, containers, and other objects 
                        subject to security processing.
                          (v) Screeners who perform pat-downs 
                        or hand-held metal detector searches of 
                        individuals shall have sufficient 
                        dexterity and capability to thoroughly 
                        conduct those procedures over an 
                        individual's entire body.
                  (C) The individual shall be able to read, 
                speak, and write English well enough to--
                          (i) carry out written and oral 
                        instructions regarding the proper 
                        performance of screening duties;
                          (ii) read English language 
                        identification media, credentials, 
                        airline tickets, and labels on items 
                        normally encountered in the screening 
                        process;
                          (iii) provide direction to and 
                        understand and answer questions from 
                        English-speaking individuals undergoing 
                        screening; and
                          (iv) write incident reports and 
                        statements and log entries into 
                        security records in the English 
                        language.
                  (D) The individual shall have satisfactorily 
                completed all initial, recurrent, and 
                appropriate specialized training required by 
                the security program, except as provided in 
                paragraph (3).
          (2) Veterans preference.--The [Under Secretary] 
        Administrator shall provide a preference for the hiring 
        of an individual as a security screener if the 
        individual is a member or former member of the armed 
        forces and if the individual is entitled, under 
        statute, to retired, retirement, or retainer pay on 
        account of service as a member of the armed forces.
          (3) Exceptions.--An individual who has not completed 
        the training required by this section may be deployed 
        during the on-the-job portion of training to perform 
        functions if that individual--
                  (A) is closely supervised; and
                  (B) does not make independent judgments as to 
                whether individuals or property may enter a 
                sterile area or aircraft without further 
                inspection.
          (4) Remedial training.--No individual employed as a 
        security screener may perform a screening function 
        after that individual has failed an operational test 
        related to that function until that individual has 
        successfully completed the remedial training specified 
        in the security program.
          (5) Annual proficiency review.--The [Under Secretary] 
        Administrator shall provide that an annual evaluation 
        of each individual assigned screening duties is 
        conducted and documented. An individual employed as a 
        security screener may not continue to be employed in 
        that capacity unless the evaluation demonstrates that 
        the individual--
                  (A) continues to meet all qualifications and 
                standards required to perform a screening 
                function;
                  (B) has a satisfactory record of performance 
                and attention to duty based on the standards 
                and requirements in the security program; and
                  (C) demonstrates the current knowledge and 
                skills necessary to courteously, vigilantly, 
                and effectively perform screening functions.
          (6) Operational testing.--In addition to the annual 
        proficiency review conducted under paragraph (5), the 
        [Under Secretary] Administrator shall provide for the 
        operational testing of such personnel.
  (g) Training.--
          (1) Use of other agencies.--The [Under Secretary] 
        Administrator may enter into a memorandum of 
        understanding or other arrangement with any other 
        Federal agency or department with appropriate law 
        enforcement responsibilities, to provide personnel, 
        resources, or other forms of assistance in the training 
        of security screening personnel.
          (2) Training plan.--[Within 60 days after the date of 
        enactment of the Aviation and Transportation Security 
        Act, the] The [Under Secretary] Administrator shall 
        develop a plan for the training of security screening 
        personnel. The plan shall require, at a minimum, that a 
        security screener--
                  (A) has completed 40 hours of classroom 
                instruction or successfully completed a program 
                that the [Under Secretary] Administrator 
                determines will train individuals to a level of 
                proficiency equivalent to the level that would 
                be achieved by such classroom instruction;
                  (B) has completed 60 hours of on-the-job 
                instructions; and
                  (C) has successfully completed an on-the-job 
                training examination prescribed by the [Under 
                Secretary] Administrator.
          (3) Equipment-specific training.--An individual 
        employed as a security screener may not use any 
        security screening device or equipment in the scope of 
        that individual's employment unless the individual has 
        been trained on that device or equipment and has 
        successfully completed a test on the use of the device 
        or equipment.
  (h) Technological Training.--
          (1) In general.--The [Under Secretary] Administrator 
        shall require training to ensure that screeners are 
        proficient in using the most up-to-date new technology 
        and to ensure their proficiency in recognizing new 
        threats and weapons.
          (2) Periodic assessments.--The [Under Secretary] 
        Administrator shall make periodic assessments to 
        determine if there are dual use items and inform 
        security screening personnel of the existence of such 
        items.
          (3) Current lists of dual use items.--Current lists 
        of dual use items shall be part of the ongoing training 
        for screeners.
          (4) Dual use defined.--For purposes of this 
        subsection, the term ``dual use'' item means an item 
        that may seem harmless but that may be used as a 
        weapon.
  (i) Limitation on Right to Strike.--An individual that 
screens passengers or property, or both, at an airport under 
this section may not participate in a strike, or assert the 
right to strike, against the person (including a governmental 
entity) employing such individual to perform such screening.
  (j) Uniforms.--The [Under Secretary] Administrator shall 
require any individual who screens passengers and property 
pursuant to section 44901 to be attired while on duty in a 
uniform approved by the [Under Secretary] Administrator.
  [(i)](k) [Accessibility of Computer-based Training 
Facilities] Accessibilility of Computer-based Training 
Facilities.--The [Under Secretary] Administrator shall work 
with air carriers and airports to ensure that computer-based 
training facilities intended for use by security screeners at 
an airport regularly serving an air carrier holding a 
certificate issued by the Secretary of Transportation are 
conveniently located for that airport and easily accessible.
  (l) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Transportation 
Security Administration.

Sec. 44936. Employment investigations and restrictions

  (a) Employment Investigation Requirement.--
          (1)(A) The [Under Secretary of Transportation for 
        Security] Administrator shall require by regulation 
        that an employment investigation, including a criminal 
        history record check and a review of available law 
        enforcement data bases and records of other 
        governmental and international agencies to the extent 
        determined practicable by the [Under Secretary of 
        Transportation for Transportation Security] 
        Administrator[,,], shall be conducted of each 
        individual employed in, or applying for, a position as 
        a security screener under section 44935(e) or a 
        position in which the individual has unescorted access, 
        or may permit other individuals to have unescorted 
        access, to--
                  
                          (i) aircraft of an air carrier or 
                        foreign air carrier; or
                          (ii) a secured area of an airport in 
                        the United States the [Under Secretary] 
                        Administrator designates that serves an 
                        air carrier or foreign air carrier.
                  (B) The [Under Secretary] Administrator shall 
                require by regulation that an employment 
                investigation (including a criminal history 
                record check and a review of available law 
                enforcement data bases and records of other 
                governmental and international agencies to the 
                extent determined practicable by the [Under 
                Secretary of Transportation for Transportation 
                Security] Administrator) be conducted for--
                          (i) individuals who are responsible 
                        for screening passengers or property 
                        under section 44901 of this title;
                          (ii) supervisors of the individuals 
                        described in clause (i);
                          (iii) individuals who regularly have 
                        escorted access to aircraft of an air 
                        carrier or foreign air carrier or a 
                        secured area of an airport in the 
                        United States the Administrator 
                        designates that serves an air carrier 
                        or foreign air carrier; and
                          (iv) such other individuals who 
                        exercise security functions associated 
                        with baggage or cargo, as the [Under 
                        Secretary] Administrator determines is 
                        necessary to ensure air transportation 
                        security.
                  [(C) Background checks of current 
                employees.--
                          [(i) A new background check 
                        (including a criminal history record 
                        check and a review of available law 
                        enforcement data bases and records of 
                        other governmental and international 
                        agencies to the extent determined 
                        practicable by the Under Secretary of 
                        Transportation for Transportation 
                        Security shall be required for any 
                        individual who is employed in a 
                        position described in subparagraphs (A) 
                        and (B) on the date of enactment of the 
                        Aviation and Transportation Security 
                        Act.
                          [(ii) The Under Secretary may provide 
                        by order (without regard to the 
                        provisions of chapter 5 of title 5, 
                        United States Code) for a phased-in 
                        implementation of the requirements of 
                        this subparagraph.]
                  [(D)](C) Exemption.--An employment 
                investigation, including a criminal history 
                record check, shall not be required under this 
                subsection for an individual who is exempted 
                under section 107.31(m)(1) or (2) of title 14, 
                Code of Federal Regulations, as in effect on 
                November 22, 2000. The [Under Secretary] 
                Administrator shall work with the International 
                Civil Aviation Organization and with 
                appropriate authorities of foreign countries to 
                ensure that individuals exempted under this 
                subparagraph do not pose a threat to aviation 
                or national security.
          (2) An air carrier, foreign air carrier, airport 
        operator, or government that employs, or authorizes or 
        makes a contract for the services of, an individual in 
        a position described in paragraph (1) of this 
        subsection shall ensure that the investigation the 
        [Under Secretary] Administrator requires is conducted.
          (3) The [Under Secretary] Administrator shall provide 
        for the periodic audit of the effectiveness of criminal 
        history record checks conducted under paragraph (1) of 
        this subsection.
  (b) Prohibited Employment.--
          (1) Except as provided in paragraph (3) of this 
        subsection, an air carrier, foreign air carrier, 
        airport operator, or government may not employ, or 
        authorize or make a contract for the services of, an 
        individual in a position described in subsection (a)(1) 
        of this section if--
                  (A) the investigation of the individual 
                required under this section has not been 
                conducted; or
                  (B) the results of that investigation 
                establish that, in the 10-year period ending on 
                the date of the investigation, the individual 
                was convicted (or found not guilty by reason of 
                insanity) of--
                          (i) a crime referred to in section 
                        46306, 46308, 46312, 46314, or 46315 or 
                        chapter 465 of this title or section 32 
                        of title 18;
                          (ii) murder;
                          (iii) assault with intent to murder;
                          (iv) espionage;
                          (v) sedition;
                          (vi) treason;
                          (vii) rape;
                          (viii) kidnapping;
                          (ix) unlawful possession, sale, 
                        distribution, or manufacture of an 
                        explosive or weapon;
                          (x) extortion;
                          (xi) armed or felony unarmed robbery;
                          (xii) distribution of, or intent to 
                        distribute, a controlled substance;
                          (xiii) a felony involving a threat;
                          (xiv) a felony involving--
                                  (I) willful destruction of 
                                property;
                                  (II) importation or 
                                manufacture of a controlled 
                                substance;
                                  (III) burglary;
                                  (IV) theft;
                                  (V) dishonesty, fraud, or 
                                misrepresentation;
                                  (VI) possession or 
                                distribution of stolen 
                                property;
                                  (VII) aggravated assault;
                                  (VIII) bribery; and
                                  (IX) illegal possession of a 
                                controlled substance punishable 
                                by a maximum term of 
                                imprisonment of more than 1 
                                year, or any other crime 
                                classified as a felony that the 
                                [Under Secretary] Administrator 
                                determines indicates a 
                                propensity for placing 
                                contraband aboard an aircraft 
                                in return for money; or
                          (xv) conspiracy to commit any of the 
                        acts referred to in clauses (i) through 
                        (xiv).
          (2) The [Under Secretary] Administrator may specify 
        other factors that are sufficient to prohibit the 
        employment of an individual in a position described in 
        subsection (a)(1) of this section.
          (3) An air carrier, foreign air carrier, airport 
        operator, or government may employ, or authorize or 
        contract for the services of, an individual in a 
        position described in subsection (a)(1) of this section 
        without carrying out the investigation required under 
        this section, if the [Under Secretary] Administrator 
        approves a plan to employ the individual that provides 
        alternate security arrangements.
  (c) Fingerprinting and Record Check Information.--
          (1) If the [Under Secretary] Administrator requires 
        an identification and criminal history record check, to 
        be conducted by the Attorney General, as part of an 
        investigation under this section, the [Under Secretary] 
        Administrator shall designate an individual to obtain 
        fingerprints and submit those fingerprints to the 
        Attorney General. The Attorney General may make the 
        results of a check available to an individual the 
        [Under Secretary] Administrator designates. Before 
        designating an individual to obtain and submit 
        fingerprints or receive results of a check, the [Under 
        Secretary] Administrator shall consult with the 
        Attorney General. All Federal agencies shall cooperate 
        with the [Under Secretary] Administrator and the [Under 
        Secretary's] Administrator's designee in the process of 
        collecting and submitting fingerprints.
          (2) The [Under Secretary] Administrator shall 
        prescribe regulations on--
                  (A) procedures for taking fingerprints; and
                  (B) requirements for using information 
                received from the Attorney General under 
                paragraph (1) of this subsection--
                          (i) to limit the dissemination of the 
                        information; and
                          (ii) to ensure that the information 
                        is used only to carry out this section.
          (3) If an identification and criminal history record 
        check is conducted as part of an investigation of an 
        individual under this section, the individual--
                  (A) shall receive a copy of any record 
                received from the Attorney General; and
                  (B) may complete and correct the information 
                contained in the check before a final 
                employment decision is made based on the check.
  (d) Fees and Charges.--The [Under Secretary] Administrator 
and the Attorney General shall establish reasonable fees and 
charges to pay expenses incurred in carrying out this section. 
The employer of the individual being investigated shall pay the 
costs of a record check of the individual. Money collected 
under this section shall be credited to the account in the 
Treasury from which the expenses were incurred and are 
available to the [Under Secretary] Administrator and the 
Attorney General for those expenses.
  (e) When Investigation or Record Check Not Required.--This 
section does not require an investigation or record check when 
the investigation or record check is prohibited by a law of a 
foreign country.
  (f) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Transportation 
Security Administration.

Sec. 44937. Prohibition on transferring duties and powers

  Except as specifically provided by law, the [Under Secretary 
of Transportation for Security] Administrator of the 
Transportation Security Administration may not transfer a duty 
or power under section 44903(a), (b), (c), or (e), 44906, 
44912, 44935, 44936, or 44938(b)(3) of this title to another 
department, agency, or instrumentality of the United States 
Government.

Sec. 44938. Reports

  (a) Transportation Security.--Not later than March 31 of each 
year, the [Secretary of Transportation] Secretary of Homeland 
Security shall submit to Congress a report on transportation 
security with recommendations the Secretary considers 
appropriate. The report shall be prepared in conjunction with 
the biennial report the [Under Secretary of Transportation for 
Security] Administrator of the Transportation Security 
Administration submits under subsection (b) of this section in 
each year the [Under Secretary] Administrator submits the 
biennial report, but may not duplicate the information 
submitted under subsection (b) or section 44907(a)(3) of this 
title. The Secretary may submit the report in classified and 
unclassified parts. The report shall include--
          (1) an assessment of trends and developments in 
        terrorist activities, methods, and other threats to 
        transportation;
          (2) an evaluation of deployment of explosive 
        detection devices;
          (3) recommendations for research, engineering, and 
        development activities related to transportation 
        security, except research engineering and development 
        activities related to aviation security to the extent 
        those activities are covered by the national aviation 
        research plan required under section 44501(c) of this 
        title;
          (4) identification and evaluation of cooperative 
        efforts with other departments, agencies, and 
        instrumentalities of the United States Government;
          (5) an evaluation of cooperation with foreign 
        transportation and security authorities;
          (6) the status of the extent to which the 
        recommendations of the President's Commission on 
        Aviation Security and Terrorism have been carried out 
        and the reasons for any delay in carrying out those 
        recommendations;
          (7) a summary of the activities of the Director of 
        Intelligence and Security in the 12-month period ending 
        on the date of the report;
          (8) financial and staffing requirements of the 
        Director;
          (9) an assessment of financial and staffing 
        requirements, and attainment of existing staffing 
        goals, for carrying out duties and powers of the [Under 
        Secretary] Administrator related to security; and
          (10) appropriate legislative and regulatory 
        recommendations.
  (b) Screening and Foreign Air Carrier and Airport Security.--
The [Under Secretary] Administrator shall submit biennially to 
Congress a report--
          (1) on the effectiveness of procedures under section 
        44901 of this title;
          (2) that includes a summary of the assessments 
        conducted under section 44907(a)(1) and (2) of this 
        title; and
          (3) that includes an assessment of the steps being 
        taken, and the progress being made, in ensuring 
        compliance with section 44906 of this title for each 
        foreign air carrier security program at airports 
        outside the United States--
                  (A) at which the [Under Secretary] 
                Administrator decides that Foreign Security 
                Liaison Officers are necessary for air 
                transportation security; and
                  (B) for which extraordinary security measures 
                are in place.

Sec. 44939. Training to operate certain aircraft

  (a)* * *
  (d) Expedited Processing.--[Not later than 60 days after the 
date of enactment of this section, the Secretary] The Secretary 
of Homeland Security shall establish a process to ensure that 
the waiting period under subsection (a) shall not exceed 5 days 
for an alien (as defined in section 101(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who--
          (1) holds an airman's certification of a foreign 
        country that is recognized by an agency of the United 
        States, including a military agency, that permits an 
        individual to operate a multi-engine aircraft that has 
        a certificated takeoff weight of more than 12,500 
        pounds;
          (2) is employed by a foreign air carrier that is 
        certified under part 129 of title 14, Code of Federal 
        Regulations, and that has a security program approved 
        under section 1546 of title 49, Code of Federal 
        Regulations;
          (3) is an individual that has unescorted access to a 
        secured area of an airport designated under section 
        44936(a)(1)(A)(ii); or
          (4) is an individual that is part of a class of 
        individuals that the Secretary has determined that 
        providing aviation training to presents minimal risk to 
        aviation or national security because of the aviation 
        training already possessed by such class of 
        individuals.
  (e)* * *

Sec. 44940. Security service fee

  (a) General Authority.--
          (1) Passenger fees.--The [Under Secretary of 
        Transportation for Security] Administrator of the 
        Transportation Security Administration shall impose a 
        uniform fee, on passengers of air carriers and foreign 
        air carriers in air transportation and intrastate air 
        transportation originating at airports in the United 
        States, to pay for the following costs of providing 
        civil aviation security services:
                  (A) Salary, benefits, overtime, retirement 
                and other costs of screening personnel, their 
                supervisors and managers, and Federal law 
                enforcement personnel deployed at airport 
                security screening locations under section 
                44901.
                  (B) The costs of training personnel described 
                in subparagraph (A), and the acquisition, 
                operation, and maintenance of equipment used by 
                such personnel.
                  (C) The costs of performing background 
                investigations of personnel described in 
                subparagraphs (A), (D), (F), and (G).
                  (D) The costs of the Federal air marshals 
                program.
                  (E) The costs of performing civil aviation 
                security research and development under this 
                title.
                  (F) The costs of Federal Security Managers 
                under section 44903.
                  (G) The costs of deploying Federal law 
                enforcement personnel pursuant to section 
                44903(h).
                  (H) The costs of security-related capital 
                improvements at airports.
                  (I) The costs of training pilots and flight 
                attendants under sections 44918 and 44921.
          [The amount of such costs shall be determined by the 
        Under Secretary and shall not be subject to judicial 
        review. For purposes of subparagraph (A), the term 
        ``Federal law enforcement personnel'' includes State 
        and local law enforcement officers who are deputized 
        under section 44922.]
          (2) Determination of costs.--
                  (A) In general.--The amount of the costs 
                under paragraph (1) shall be determined by the 
                Administrator of the Transportation Security 
                Administration and shall not be subject to 
                judicial review.
                  (B) Definition of federal law enforcement 
                personnel.--For purposes of paragraph (1)(A), 
                the term ``Federal law enforcement personnel'' 
                includes State and local law enforcement 
                officers who are deputized under section 44922.
  (b) Schedule of Fees.--In imposing fees under subsection (a), 
the [Under Secretary] Administrator of the Transportation 
Security Administration shall ensure that the fees are 
reasonably related to the Transportation Security 
Administration's costs of providing services rendered.
  (c) Limitation on Fee.--
          (1) Amount.--Fees imposed under subsection (a)(1) 
        shall be $5.60 per one-way trip in air transportation 
        or intrastate air transportation that originates at an 
        airport in the United States, except that the fee 
        imposed per round trip shall not exceed $11.20.
          (2) Definition of round trip.--In this subsection, 
        the term ``round trip'' means a trip on an air travel 
        itinerary that terminates or has a stopover at the 
        origin point (or co-terminal).
          (3) Offsetting collections.--Beginning on October 1, 
        2025, fees collected under subsection (a)(1) for any 
        fiscal year shall be credited as offsetting collections 
        to appropriations made for aviation security measures 
        carried out by the Transportation Security 
        Administration, to remain available until expended.
  (d) Imposition of Fee.--
          (1) In general.--Notwithstanding section 9701 of 
        title 31 and the procedural requirements of section 553 
        of title 5, the [Under Secretary] Administrator of the 
        Transportation Security Administration shall impose the 
        fee under subsection (a)(1), through the publication of 
        notice of such fee in the Federal Register and begin 
        collection of the fee [within 60 days of the date of 
        enactment of this Act, or] as soon as possible 
        [thereafter].
          (2) Special rules passenger fees.--A fee imposed 
        under subsection (a)(1) through the procedures under 
        [subsection (d)] paragraph (1) of this subsection shall 
        apply only to tickets sold after the date on which such 
        fee is imposed. If a fee imposed under subsection 
        (a)(1) through the procedures under [subsection (d)] 
        paragraph (1) of this subsection on transportation of a 
        passenger of a carrier described in subsection (a)(1) 
        is not collected from the passenger, the amount of the 
        fee shall be paid by the carrier.
          (3) Subsequent modification of fee.--After imposing a 
        fee in accordance with paragraph (1), the [Under 
        Secretary] Administrator of the Transportation Security 
        Administration may modify, from time to time through 
        publication of notice in the Federal Register, the 
        imposition or collection of such fee, or both.
          (4) Limitation on collection.--No fee may be 
        collected under this section, other than subsection 
        (i), except to the extent that the expenditure of the 
        fee to pay the costs of activities and services for 
        which the fee is imposed is provided for in advance in 
        an appropriations Act or in section 44923.
  (e) Administration of Fees.--
          (1) [Fees payable to under secretary] fees payable to 
        administrator.--All fees imposed and amounts collected 
        under this section are payable to the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration.
          (2) Fees collected by air carrier.--A fee imposed 
        under subsection (a)(1) shall be collected by the air 
        carrier or foreign air carrier that sells a ticket for 
        transportation described in subsection (a)(1).
          (3) Due date for remittance.--A fee collected under 
        this section shall be remitted on the last day of each 
        calendar month by the carrier collecting the fee. The 
        amount to be remitted shall be for the calendar month 
        preceding the calendar month in which the remittance is 
        made.
          (4) Information.--The [Under Secretary] Administrator 
        of the Transportation Security Administration may 
        require the provision of such information as the [Under 
        Secretary] Administrator of the Transportation Security 
        Administration decides is necessary to verify that fees 
        have been collected and remitted at the proper times 
        and in the proper amounts.
          (5) Fee not subject to tax.--For purposes of section 
        4261 of the Internal Revenue Code of 1986 (26 U.S.C. 
        4261), a fee imposed under this section shall not be 
        considered to be part of the amount paid for taxable 
        transportation.
          (6) Cost of collecting fee.--No portion of the fee 
        collected under this section may be retained by the air 
        carrier or foreign air carrier for the costs of 
        collecting, handling, or remitting the fee except for 
        interest accruing to the carrier after collection and 
        before remittance.
  (f) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any fee collected 
under this section--
          (1) shall be credited as offsetting collections to 
        the account that finances the activities and services 
        for which the fee is imposed;
          (2) shall be available for expenditure only to pay 
        the costs of activities and services for which the fee 
        is imposed; and
          (3) shall remain available until expended.
  (g) Refunds.--The [Under Secretary] Administrator of the 
Transportation Security Administration may refund any fee paid 
by mistake or any amount paid in excess of that required.
  (h) Exemptions.--The [Under Secretary] Administrator of the 
Transportation Security Administration may exempt from the 
passenger fee imposed under subsection (a)(1) any passenger 
enplaning at an airport in the United States that does not 
receive screening services under section 44901 for that segment 
of the trip for which the passenger does not receive screening.
  (i) Deposit of Receipts in General Fund.--
          (1) In general.--Beginning in fiscal year 2014, out 
        of fees received in a fiscal year under subsection 
        (a)(1), after amounts are made available in the fiscal 
        year under section 44923(h), the next funds derived 
        from such fees in the fiscal year, in the amount 
        specified for the fiscal year in paragraph (4), shall 
        be credited as offsetting receipts and deposited in the 
        general fund of the Treasury.
          (2) Fee levels.--The Secretary of Homeland Security 
        shall impose the fee authorized by subsection (a)(1) so 
        as to collect in a fiscal year at least the amount 
        specified in paragraph (4) for the fiscal year for 
        making deposits under paragraph (1).
          (3) Relationship to other provisions.--Subsections 
        (b) and (f) shall not apply to amounts to be used for 
        making deposits under this subsection.
          (4) Fiscal year amounts.--For purposes of paragraphs 
        (1) and (2), the fiscal year amounts are as follows:
                  [(A) $390,000,000 for fiscal year 2014.
                  [(B) $1,190,000,000 for fiscal year 2015.
                  [(C) $1,250,000,000 for fiscal year 2016.
                  [(D) $1,280,000,000 for fiscal year 2017.]
                  [(E)](A) $1,320,000,000 for fiscal year 2018.
                  [(F)](B) $1,360,000,000 for fiscal year 2019.
                  [(G)](C) $1,400,000,000 for fiscal year 2020.
                  [(H)](D) $1,440,000,000 for fiscal year 2021.
                  [(I)](E) $1,480,000,000 for fiscal year 2022.
                  [(J)](F) $1,520,000,000 for fiscal year 2023.
                  [(K)](G) $1,560,000,000 for fiscal year 2024.
                  [(L)](H) $1,600,000,000 for fiscal year 2025.

Sec. 44941. Immunity for reporting suspicious activities

  (a) In General.--Any air carrier or foreign air carrier or 
any employee of an air carrier or foreign air carrier who makes 
a voluntary disclosure of any suspicious transaction relevant 
to a possible violation of law or regulation, relating to air 
piracy, a threat to aircraft or passenger safety, or terrorism, 
as defined by section 3077 of title 18, United States Code, to 
any employee or agent of the Department of Transportation, the 
Department of Homeland Security, the Department of Justice, any 
Federal, State, or local law enforcement officer, or any 
airport or airline security officer shall not be civilly liable 
to any person under any law or regulation of the United States, 
any constitution, law, or regulation of any State or political 
subdivision of any State, for such disclosure.
  (b) Application.--Subsection (a) shall not apply to--
          (1) any disclosure made with actual knowledge that 
        the disclosure was false, inaccurate, or misleading; or
          (2) any disclosure made with reckless disregard as to 
        the truth or falsity of that disclosure.

Sec. 44942. Performance goals and objectives

  (a) Short Term Transition.--
          (1) In general.--[Within 180 days after the date of 
        enactment of the Aviation and Transportation Security 
        Act, the Under Secretary for Transportation Security 
        may, in consultation with] The Administrator of the 
        Transportation Security Administration may, in 
        consultation with other relevant Federal agencies and 
        Congress--
                  (A) establish acceptable levels of 
                performance for aviation security, including 
                screening operations and access control[, and]; 
                and
                  (B) provide Congress with an action plan, 
                containing measurable goals and milestones, 
                that outlines how those levels of performance 
                will be achieved.
          (2) Basics of action plan.--The action plan shall 
        clarify the responsibilities of the Transportation 
        Security Administration, the Federal Aviation 
        Administration, and any other agency or organization 
        that may have a role in ensuring the safety and 
        security of the civil air transportation system.
  (b) Long-term Results-based Management.--
          [(1) Performance plan and report.--]
          [(A)](1) Performance plan.--
                  [(i)](A) Each year, consistent with the 
                requirements of the Government Performance and 
                Results Act of 1993 (GPRA), [the Secretary and 
                the Under Secretary for Transportation Security 
                shall agree] the Secretary of Homeland Security 
                and the Administrator of the Transportation 
                Security Administration shall agree on a 
                performance plan for the succeeding 5 years 
                that establishes measurable goals and 
                objectives for aviation security. The plan 
                shall identify action steps necessary to 
                achieve such goals.
                  [(ii)](B) In addition to meeting the 
                requirements of GPRA, the performance plan 
                should clarify the responsibilities of [the 
                Secretary, the Under Secretary for 
                Transportation Security] the Secretary of 
                Homeland Security, the Administrator of the 
                Transportation Security Administration, and any 
                other agency or organization that may have a 
                role in ensuring the safety and security of the 
                civil air transportation system.
          [(B)](2) Performance report.--Each year, consistent 
        with the requirements of GPRA, the [Under Secretary for 
        Transportation Security] Administrator of the 
        Transportation Security Administration shall prepare 
        and submit to Congress an annual report including an 
        evaluation of the extent goals and objectives were met. 
        The report shall include the results achieved during 
        the year relative to the goals established in the 
        performance plan.

Sec. 44943. Performance management system

  (a) Establishing a Fair and Equitable System for Measuring 
Staff Performance.--The [Under Secretary for Transportation 
Security] Administrator of the Transportation Security 
Administration shall establish a performance management system 
which strengthens the organization's effectiveness by providing 
for the establishment of goals and objectives for managers, 
employees, and organizational performance consistent with the 
performance plan.
  (b) Establishing Management Accountability for Meeting 
Performance Goals.--.
          (1) In general.--Each year, the [Secretary and Under 
        Secretary of Transportation for Security] Secretary of 
        Homeland Security and Administrator of the 
        Transportation Security Administration shall enter into 
        an annual performance agreement that shall set forth 
        organizational and individual performance goals for the 
        [Under Secretary] Administrator.
          (2) Goals.--Each year, the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration and each senior manager who reports to 
        the [Under Secretary shall] Administrator shall enter 
        into an annual performance agreement that sets forth 
        organization and individual goals for those managers. 
        All other employees hired under the authority of the 
        [Under Secretary shall] Administrator shall enter into 
        an annual performance agreement that sets forth 
        organization and individual goals for those employees.
  (c) Performance.--based service contracting. To the extent 
contracts, if any, are used to implement the [Aviation Security 
Act, the Under Secretary for Transportation Security] Aviation 
and Transportation Security Act (Public Law 107-71; 115 Stat. 
597), the Administrator of the Transportation Security 
Administration shall, to the extent practical, maximize the use 
of performance-based service contracts. These contracts should 
be consistent with guidelines published by the Office of 
Federal Procurement Policy.

Sec. 44944. Voluntary provision of emergency services

  (a) Program for Provision of Voluntary Services.--
          (1) Program.--The [Under Secretary of Transportation 
        for Transportation Security] Administrator of the 
        Transportation Security Administration shall carry out 
        a program to permit qualified law enforcement officers, 
        firefighters, and emergency medical technicians to 
        provide emergency services on commercial air flights 
        during emergencies.
          (2) Requirements.--The [Under Secretary] 
        Administrator of the Transportation Security 
        Administration shall establish such requirements for 
        qualifications of providers of voluntary services under 
        the program under paragraph (1), including training 
        requirements, as the [Under Secretary] Administrator of 
        the Transportation Security Administration considers 
        appropriate.
          (3) Confidentiality of registry.--If as part of the 
        program under paragraph (1) the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration requires or permits registration of law 
        enforcement officers, firefighters, or emergency 
        medical technicians who are willing to provide 
        emergency services on commercial flights during 
        emergencies, the [Under Secretary] Administrator of the 
        Transportation Security Administration shall take 
        appropriate actions to ensure that the registry is 
        available only to appropriate airline personnel and 
        otherwise remains confidential.
          (4) Consultation.--The [Under Secretary] 
        Administrator of the Transportation Security 
        Administration shall consult with the Administrator of 
        the Federal Aviation Administration, appropriate 
        representatives of the commercial airline industry, and 
        organizations representing community-based law 
        enforcement, firefighters, and emergency medical 
        technicians, in carrying out the program under 
        paragraph (1), including the actions taken under 
        paragraph (3).
  (b) Exemption From Liability.--An individual shall not be 
liable for damages in any action brought in a Federal or State 
court that arises from an act or omission of the individual in 
providing or attempting to provide assistance in the case of an 
in-flight emergency in an aircraft of an air carrier if the 
individual meets such qualifications as the [Under Secretary] 
Administrator of the Transportation Security Administration 
shall prescribe for purposes of this section.
  (c) Exception.--The exemption under subsection (b) shall not 
apply in any case in which an individual provides, or attempts 
to provide, assistance described in that paragraph in a manner 
that constitutes gross negligence or willful misconduct.

Sec. 44945. Disposition of unclaimed money and clothing

  (a) Disposition of Unclaimed Money.--Notwithstanding section 
3302 of title 31, unclaimed money recovered at any airport 
security checkpoint shall be retained by the Transportation 
Security Administration and shall remain available until 
expended for the purpose of providing civil aviation security 
as required in this chapter.
  (b) Disposition of Unclaimed Clothing.--
          (1) In general.--In disposing of unclaimed clothing 
        recovered at any airport security checkpoint, the 
        [Assistant Secretary] Administrator of the 
        Transportation Security Administration shall make every 
        reasonable effort, in consultation with the Secretary 
        of Veterans Affairs, to transfer the clothing to the 
        local airport authority or other local authorities for 
        donation to charity, including local veterans 
        organizations or other local charitable organizations 
        for distribution to homeless or needy veterans and 
        veteran families.
          (2) Agreements.--In implementing paragraph (1), the 
        [Assistant Secretary] Administrator of the 
        Transportation Security Administration may enter into 
        agreements with airport authorities.
          (3) Other charitable arrangements.--Nothing in this 
        subsection shall prevent an airport or the 
        Transportation Security Administration from donating 
        unclaimed clothing to a charitable organization of 
        their choosing.
          (4) Limitation.--Nothing in this subsection shall 
        create a cost to the Government.

Sec. 44946. Aviation Security Advisory Committee

  (a) Establishment.--The [Assistant Secretary] Administrator 
shall establish within the Transportation Security 
Administration an aviation security advisory committee.
  (b) Duties.--
          (1) In general.--The [Assistant Secretary] 
        Administrator shall consult the Advisory Committee, as 
        appropriate, on aviation security matters, including on 
        the development, refinement, and implementation of 
        policies, programs, rulemaking, and security directives 
        pertaining to aviation security, while adhering to 
        sensitive security guidelines.
          (2) Recommendations.--
                  (A) In general.--The Advisory Committee shall 
                develop, at the request of the [Assistant 
                Secretary] Administrator, recommendations for 
                improvements to aviation security.
                  (B) Recommendations of subcommittees.--
                Recommendations agreed upon by the 
                subcommittees established under this section 
                shall be approved by the Advisory Committee 
                before transmission to the [Assistant 
                Secretary] Administrator.
          (3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the [Assistant Secretary] 
        Administrator--
                  (A) reports on matters identified by the 
                [Assistant Secretary] Administrator; and
                  (B) reports on other matters identified by a 
                majority of the members of the Advisory 
                Committee.
          (4) Annual report.--The Advisory Committee shall 
        submit to the [Assistant Secretary] Administrator an 
        annual report providing information on the activities, 
        findings, and recommendations of the Advisory 
        Committee, including its subcommittees, for the 
        preceding year. Not later than 6 months after the date 
        that [the Secretary receives] the Administrator 
        receives the annual report, [the Secretary shall] the 
        Administrator shall publish a public version describing 
        the Advisory Committee's activities and such related 
        matters as would be informative to the public 
        consistent with the policy of section 552(b) of title 
        5.
          (5) Feedback.--Not later than 90 days after receiving 
        recommendations transmitted by the Advisory Committee 
        under paragraph (2) or (4), the [Assistant Secretary] 
        Administrator shall respond in writing to the Advisory 
        Committee with feedback on each of the recommendations, 
        an action plan to implement any of the recommendations 
        with which the [Assistant Secretary] Administrator 
        concurs, and a justification for why any of the 
        recommendations have been rejected.
          (6) Congressional notification.--Not later than 30 
        days after providing written feedback to the Advisory 
        Committee under paragraph (5), the [Assistant 
        Secretary] Administrator shall notify the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Homeland Security of the House of 
        Representatives on such feedback, and provide a 
        briefing upon request.
          (7) Report to congress.--Prior to briefing the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Homeland Security of 
        the House of Representatives under paragraph (6), the 
        [Assistant Secretary] Administrator shall submit to 
        such committees a report containing information 
        relating to the recommendations transmitted by the 
        Advisory Committee in accordance with paragraph (4).
  (c) Membership.--
          (1) Appointment.--
                  (A) In general.--[Not later than 180 days 
                after the date of enactment of the Aviation 
                Security Stakeholder Participation Act of 2014, 
                the] The [Assistant Secretary] Administrator 
                shall appoint the members of the Advisory 
                Committee.
                  (B) Composition.--The membership of the 
                Advisory Committee shall consist of individuals 
                representing not more than 34 member 
                organizations. Each organization shall be 
                represented by 1 individual (or the 
                individual's designee).
                  (C) Representation.--The membership of the 
                Advisory Committee shall include 
                representatives of air carriers, all-cargo air 
                transportation, indirect air carriers, labor 
                organizations representing air carrier 
                employees, labor organizations representing 
                transportation security officers, aircraft 
                manufacturers, airport operators, airport 
                construction and maintenance contractors, labor 
                organizations representing employees of airport 
                construction and maintenance contractors, 
                general aviation, privacy organizations, the 
                travel industry, airport-based businesses 
                (including minority-owned small businesses), 
                businesses that conduct security screening 
                operations at airports, aeronautical repair 
                stations, passenger advocacy groups, the 
                aviation security technology industry 
                (including screening technology and 
                biometrics), victims of terrorist acts against 
                aviation, and law enforcement and security 
                experts.
          (2) Term of office.--
                  (A) Terms.--The term of each member of the 
                Advisory Committee shall be two years, but a 
                member may continue to serve until a successor 
                is appointed. A member of the Advisory 
                Committee may be reappointed.
                  (B) Removal.--The [Assistant Secretary] 
                Administrator may review the participation of a 
                member of the Advisory Committee and remove 
                such member for cause at any time.
          (3) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive pay, allowances, 
        or benefits from the Government by reason of their 
        service on the Advisory Committee.
          (4) Meetings.--
                  (A) In general.--The [Assistant Secretary] 
                Administrator shall require the Advisory 
                Committee to meet at least semiannually and may 
                convene additional meetings as necessary.
                  (B) Public meetings.--At least 1 of the 
                meetings described in subparagraph (A) shall be 
                open to the public.
                  (C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at 
                each meeting.
          (5) Member access to sensitive security 
        information.--Not later than 60 days after the date of 
        a member's appointment, the [Assistant Secretary] 
        Administrator shall determine if there is cause for the 
        member to be restricted from possessing sensitive 
        security information. Without such cause, and upon the 
        member voluntarily signing a non-disclosure agreement, 
        the member may be granted access to sensitive security 
        information that is relevant to the member's advisory 
        duties. The member shall protect the sensitive security 
        information in accordance with part 1520 of title 49, 
        Code of Federal Regulations.
          (6) Chairperson.--A stakeholder representative on the 
        Advisory Committee who is elected by the appointed 
        membership of the Advisory Committee shall chair the 
        Advisory Committee.
  (d) Subcommittees.--
          (1) Membership.--The Advisory Committee chairperson, 
        in coordination with the [Assistant Secretary] 
        Administrator, may establish within the Advisory 
        Committee any subcommittee that the [Assistant 
        Secretary] Administrator and Advisory Committee 
        determine to be necessary. The [Assistant Secretary] 
        Administrator and the Advisory Committee shall create 
        subcommittees to address aviation security issues, 
        including the following:
                  (A) Air cargo security.--The implementation 
                of the air cargo security programs established 
                by the Transportation Security Administration 
                to screen air cargo on passenger aircraft and 
                all-cargo aircraft in accordance with 
                established cargo screening mandates.
                  (B) General aviation.--General aviation 
                facilities, general aviation aircraft, and 
                helicopter operations at general aviation and 
                commercial service airports.
                  (C) Perimeter and access control.--
                Recommendations on airport perimeter security, 
                exit lane security and technology at commercial 
                service airports, and access control issues.
                  (D) Security technology.--Security technology 
                standards and requirements, including their 
                harmonization internationally, technology to 
                screen passengers, passenger baggage, carry-on 
                baggage, and cargo, and biometric technology.
          (2) Risk-based security.--All subcommittees 
        established by the Advisory Committee chairperson in 
        coordination with the [Assistant Secretary] 
        Administrator shall consider risk-based security 
        approaches in the performance of their functions that 
        weigh the optimum balance of costs and benefits in 
        transportation security, including for passenger 
        screening, baggage screening, air cargo security 
        policies, and general aviation security matters.
          (3) Meetings and reporting.--Each subcommittee shall 
        meet at least quarterly and submit to the Advisory 
        Committee for inclusion in the annual report required 
        under subsection (b)(4) information, including 
        recommendations, regarding issues within the 
        subcommittee.
          (4) Subcommittee chairs.--Each subcommittee shall be 
        co-chaired by a Government official and an industry 
        official.
  (e) Subject Matter Experts.--Each subcommittee under this 
section shall include subject matter experts with relevant 
expertise who are appointed by the respective subcommittee 
chairpersons.
  (f) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
and its subcommittees.
  (g) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Transportation Security 
        Administration.
          [(1)](2) Advisory committee.--The term ``Advisory 
        Committee'' means the aviation security advisory 
        committee established under subsection (a).
          [(2) Assistant secretary.--The term ``Assistant 
        Secretary'' means the Assistant Secretary of Homeland 
        Security (Transportation Security Administration).]
          (3) Perimeter security.--
                  (A) In general.--The term ``perimeter 
                security'' means procedures or systems to 
                monitor, secure, and prevent unauthorized 
                access to an airport, including its airfield 
                and terminal.
                  (B) Inclusions.--The term ``perimeter 
                security'' includes the fence area surrounding 
                an airport, access gates, and access controls.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                          SUBPART III. SAFETY

         CHAPTER 451. ALCOHOL AND CONTROLLED SUBSTANCES TESTING

Sec. 45107. Transportation Security Administration

  (a) Transfer of Functions Relating to Testing Programs With 
Respect to Airport Security Screening Personnel.--The authority 
of the Administrator of the Federal Aviation Administration 
under this chapter with respect to programs relating to testing 
of airport security screening personnel are transferred to the 
[Under Secretary of Transportation for Security] Administrator 
of the Transportation Security Administration. Notwithstanding 
section 45102(a), the regulations prescribed under section 
45102(a) shall require testing of such personnel by their 
employers instead of by air carriers and foreign air carriers.
  (b) Applicability of Chapter With Respect to Employees of 
Administration.--The provisions of this chapter that apply with 
respect to employees of the Federal Aviation Administration 
whose duties include responsibility for safety-sensitive 
functions shall apply with respect to employees of the 
Transportation Security Administration whose duties include 
responsibility for security-sensitive functions. The [Under 
Secretary of Transportation for Security] Administrator of the 
Transportation Security Administration, the Transportation 
Security Administration, and employees of the Transportation 
Security Administration whose duties include responsibility for 
security-sensitive functions shall be subject to and comply 
with such provisions in the same manner and to the same extent 
as the Administrator of the Federal Aviation Administration, 
the Federal Aviation Administration, and employees of the 
Federal Aviation Administration whose duties include 
responsibility for safety-sensitive functions, respectively.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                 SUBPART IV. ENFORCEMENT AND PENALTIES

              CHAPTER 461. INVESTIGATIONS AND PROCEEDINGS

Sec. 46101. Complaints and investigations

  (a) General.--
          (1) A person may file a complaint in writing with the 
        Secretary of Transportation (or the [Under Secretary of 
        Transportation for Security with respect to security 
        duties and powers designated to be carried out by the 
        Under Secretary] Administrator of the Transportation 
        Security Administration with respect to security duties 
        and powers designated to be carried out by the 
        Administrator of the Transportation Security 
        Administration or the Administrator of the Federal 
        Aviation Administration with respect to aviation safety 
        duties and powers designated to be carried out [by the 
        Administrator)] by the Administrator of the Federal 
        Aviation Administration) about a person violating this 
        part or a requirement prescribed under this part. 
        Except as provided in subsection (b) of this section, 
        the Secretary, [Under Secretary,] Administrator of the 
        Transportation Security Administration, [or 
        Administrator] or Administrator of the Federal Aviation 
        Administration shall investigate the complaint if a 
        reasonable ground appears to the Secretary, [Under 
        Secretary,] Administrator of the Transportation 
        Security Administration, [or Administrator] or 
        Administrator of the Federal Aviation Administration 
        for the investigation.
          (2) On the initiative of the Secretary of 
        Transportation or the Administrator, as appropriate, 
        the Secretary, [Under Secretary,] Administrator of the 
        Transportation Security Administration, [or 
        Administrator] or Administrator of the Federal Aviation 
        Administration may conduct an investigation, if a 
        reasonable ground appears to the Secretary [or 
        Administrator] or Administrator of the Federal Aviation 
        Administration for the investigation, about--
                  (A) a person violating this part or a 
                requirement prescribed under this part or
                  (B) any question that may arise under this 
                part.
          (3) The Secretary of Transportation, [Under 
        Secretary,] Administrator of the Transportation 
        Security Administration, [or Administrator] or 
        Administrator of the Federal Aviation Administration 
        may dismiss a complaint without a hearing when the 
        Secretary, [Under Secretary,] Administrator of the 
        Transportation Security Administration, [or 
        Administrator] or Administrator of the Federal Aviation 
        Administration is of the opinion that the complaint 
        does not state facts that warrant an investigation or 
        action.
          (4) After notice and an opportunity for a hearing and 
        subject to section 40105(b) of this title, the 
        Secretary of Transportation, [Under Secretary,] 
        Administrator of the Transportation Security 
        Administration, [or Administrator] or Administrator of 
        the Federal Aviation Administration shall issue an 
        order to compel compliance with this part if the 
        Secretary, [Under Secretary,] Administrator of the 
        Transportation Security Administration, [or 
        Administrator] or Administrator of the Federal Aviation 
        Administration finds in an investigation under this 
        subsection that a person is violating this part.
  (b) Complaints Against Members of Armed Forces.--The 
Secretary of Transportation, [Under Secretary,] Administrator 
of the Transportation Security Administration, [or 
Administrator] or Administrator of the Federal Aviation 
Administration shall refer a complaint against a member of the 
armed forces of the United States performing official duties to 
the Secretary of the department concerned for action. Not later 
than 90 days after receiving the complaint, the Secretary of 
that department shall inform the Secretary of Transportation, 
[Under Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration of the action taken on the 
complaint, including any corrective or disciplinary action 
taken.

Sec. 46102. Proceedings

  (a) Conducting Proceedings.--Subject to subchapter II of 
chapter 5 of title 5, the Secretary of Transportation (or the 
[Under Secretary of Transportation for Security with respect to 
security duties and powers designated to be carried out by the 
Under Secretary] Administrator of the Transportation Security 
Administration with respect to security duties and powers 
designated to be carried out by the Administrator of the 
Transportation Security Administration or the Administrator of 
the Federal Aviation Administration with respect to aviation 
safety duties and powers designated to be carried out [by the 
Administrator)] by the Administrator of the Federal Aviation 
Administration) may conduct proceedings in a way conducive to 
justice and the proper dispatch of business.
  (b) Appearance.--A person may appear and be heard before the 
Secretary, the [Under Secretary,] Administrator of the 
Transportation Security Administration, and [the Administrator] 
the Administrator of the Federal Aviation Administration in 
person or by an attorney. The Secretary may appear and 
participate as an interested party in a proceeding [the 
Administrator] the Administrator of the Federal Aviation 
Administration conducts under section 40113(a) of this title.
  (c) Recording and Public Access.--Official action taken by 
the Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [and Administrator] and 
Administrator of the Federal Aviation Administration under this 
part shall be recorded. Proceedings before the Secretary, 
[Under Secretary] Administrator of the Transportation Security 
Administration, [and Administrator] and Administrator of the 
Federal Aviation Administration shall be open to the public on 
the request of an interested party unless the Secretary, [Under 
Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration decides that secrecy is 
required because of national defense.
  (d) Conflicts of Interest.--The Secretary, the [Under 
Secretary,] Administrator of the Transportation Security 
Administration, [the Administrator, or an officer or employee 
of the Administration] The Administrator of the Federal 
Aviation Administration, or an officer or employee of the 
Federal Aviation Administration may not participate in a 
proceeding referred to in subsection (a) of this section in 
which the individual has a pecuniary interest.

Sec. 46103. Service of notice, process, and actions

  (a) Designating Agents.--
          (1) Each air carrier and foreign air carrier shall 
        designate an agent on whom service of notice and 
        process in a proceeding before, and an action of, the 
        Secretary of Transportation (or the [Under Secretary of 
        Transportation for Security with respect to security 
        duties and powers designated to be carried out by the 
        Under Secretary] Administrator of the Transportation 
        Security Administration with respect to security duties 
        and powers designated to be carried out by the 
        Administrator of the Transportation Security 
        Administration or the Administrator of the Federal 
        Aviation Administration with respect to aviation safety 
        duties and powers designated to be carried out [by the 
        Administrator)] by the Administrator of the Federal 
        Aviation Administration) may be made.
          (2) The designation.--
                  (A) shall be in writing and filed with the 
                Secretary, [Under Secretary,] Administrator of 
                the Transportation Security Administration, [or 
                Administrator] or Administrator of the Federal 
                Aviation Administration; and
                  (B) may be changed in the same way as 
                originally made.
  (b) Service.--
          (1) Service may be made--
                  (A) by personal service;
                  (B) on a designated agent; or
                  (C) by certified or registered mail to the 
                person to be served or the designated agent of 
                the person.
          (2) The date of service made by certified or 
        registered mail is the date of mailing.
  (c) Serving Agents.--Service on an agent designated under 
this section shall be made at the office or usual place of 
residence of the agent. If an air carrier or foreign air 
carrier does not have a designated agent, service may be made 
by posting the notice, process, or action in the office of the 
Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration.

Sec. 46104. Evidence

  (a) General.--In conducting a hearing or investigation under 
this part, the Secretary of Transportation (or the [Under 
Secretary of Transportation for Security with respect to 
security duties and powers designated to be carried out by the 
Under Secretary] Administrator of the Transportation Security 
Administration with respect to security duties and powers 
designated to be carried out by the Administrator of the 
Transportation Security Administration or the Administrator of 
the Federal Aviation Administration with respect to aviation 
safety duties and powers designated to be carried out [by the 
Administrator)] by the Administrator of the Federal Aviation 
Administration) may--
          (1) [subpena] subpoena witnesses and records related 
        to a matter involved in the hearing or investigation 
        from any place in the United States to the designated 
        place of the hearing or investigation;
          (2) administer oaths;
          (3) examine witnesses; and
          (4) receive evidence at a place in the United States 
        the Secretary, [Under Secretary,] Administrator of the 
        Transportation Security Administration, [or 
        Administrator] or Administrator of the Federal Aviation 
        Administration designates.
  (b) Compliance With [Subpenas] Subpoenas.--If a person 
disobeys a [subpena] subpoena, the Secretary, the [Under 
Secretary,] Administrator of the Transportation Security 
Administration, [the Administrator, or] the Administrator of 
the Federal Aviation Administration, or a party to a proceeding 
before the Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration may 
petition a court of the United States to enforce the [subpena] 
subpoena. A judicial proceeding to enforce a [subpena] subpoena 
under this section may be brought in the jurisdiction in which 
the proceeding or investigation is conducted. The court may 
punish a failure to obey an order of the court to comply with 
the [subpena] subpoena as a contempt of court.
  (c) Depositions.--
          (1) In a proceeding or investigation, the Secretary, 
        [Under Secretary,] Administrator of the Transportation 
        Security Administration, [or Administrator] or 
        Administrator of the Federal Aviation Administration 
        may order a person to give testimony by deposition and 
        to produce records. If a person fails to be deposed or 
        to produce records, the order may be enforced in the 
        same way a [subpena] subpoena may be enforced under 
        subsection (b) of this section.
          (2) A deposition may be taken before an individual 
        designated by the Secretary, [Under Secretary,] 
        Administrator of the Transportation Security 
        Administration, [or Administrator] or Administrator of 
        the Federal Aviation Administration and having the 
        power to administer oaths.
          (3) Before taking a deposition, the party or the 
        attorney of the party proposing to take the deposition 
        must give reasonable notice in writing to the opposing 
        party or the attorney of record of that party. The 
        notice shall state the name of the witness and the time 
        and place of taking the deposition.
          (4) The testimony of a person deposed under this 
        subsection shall be under oath. The person taking the 
        deposition shall prepare, or cause to be prepared, a 
        transcript of the testimony taken. The transcript shall 
        be subscribed by the deponent. Each deposition shall be 
        filed promptly with the Secretary, [Under Secretary,] 
        Administrator of the Transportation Security 
        Administration, [or Administrator] or Administrator of 
        the Federal Aviation Administration.
          (5) If the laws of a foreign country allow, the 
        testimony of a witness in that country may be taken by 
        deposition--
                  (A) by a consular officer or an individual 
                commissioned by the Secretary, [Under 
                Secretary,] Administrator of the Transportation 
                Security Administration, [or Administrator] or 
                Administrator of the Federal Aviation 
                Administration or agreed on by the parties by 
                written stipulation filed with the Secretary, 
                [Under Secretary,] Administrator of the 
                Transportation Security Administration, [or 
                Administrator] or Administrator of the Federal 
                Aviation Administration; or
                  (B) under letters rogatory issued by a court 
                of competent jurisdiction at the request of the 
                Secretary, [Under Secretary,] Administrator of 
                the Transportation Security Administration, [or 
                Administrator] or Administrator of the Federal 
                Aviation Administration.
  (d) Witness Fees and Mileage and Certain Foreign Country 
Expenses.--A witness summoned before the Secretary, [Under 
Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration or whose deposition is taken 
under this section and the individual taking the deposition are 
each entitled to the same fee and mileage that the witness and 
individual would have been paid for those services in a court 
of the United States. Under regulations of the Secretary, 
[Under Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration, the Secretary, [Under 
Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration shall pay the necessary 
expenses incident to executing, in another country, a 
commission or letter rogatory issued at the initiative of the 
Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration.
  (e) Designating Employees to Conduct Hearings.--When 
designated by the Secretary, [Under Secretary,] Administrator 
of the Transportation Security Administration, [or 
Administrator] or Administrator of the Federal Aviation 
Administration, an employee appointed under section 3105 of 
title 5 may conduct a hearing, [subpena] subpoena witnesses, 
administer oaths, examine witnesses, and receive evidence at a 
place in the United States the Secretary, [Under Secretary,] 
Administrator of the Transportation Security Administration, 
[or Administrator] or Administrator of the Federal Aviation 
Administration designates. On request of a party, the 
Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration shall hear 
or receive argument.

Sec. 46105. Regulations and orders

  (a) Effectiveness of Orders.--Except as provided in this 
part, a regulation prescribed or order issued by the Secretary 
of Transportation (or the [Under Secretary of Transportation 
for Security with respect to security duties and powers 
designated to be carried out by the Under Secretary] 
Administrator of the Transportation Security Administration 
with respect to security duties and powers designated to be 
carried out by the Administrator of the Transportation Security 
Administration or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and 
powers designated to be carried out [by the Administrator)] by 
the Administrator of the Federal Aviation Administration) takes 
effect within a reasonable time prescribed by the Secretary, 
[Under Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration. The regulation or order 
remains in effect under its own terms or until superseded. 
Except as provided in this part , the Secretary, [Under 
Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration may amend, modify, or suspend 
an order in the way, and by giving the notice, the Secretary, 
[Under Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration decides.
  (b) Contents and Service of Orders.--An order of the 
Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration shall 
include the findings of fact on which the order is based and 
shall be served on the parties to the proceeding and the 
persons affected by the order.
  (c) Emergencies.--[When the Administrator] When the 
Administrator of the Federal Aviation Administration is of the 
opinion that an emergency exists related to safety in air 
commerce and requires immediate action, the Administrator, on 
the initiative of the Administrator or on complaint, may 
prescribe regulations and issue orders immediately to meet the 
emergency, with or without notice and without regard to this 
part and subchapter II of chapter 5 of title 5. The 
Administrator shall begin a proceeding immediately about an 
emergency under this subsection and give preference, when 
practicable, to the proceeding.

Sec. 46106. Enforcement by the Department of Transportation

  The Secretary of Transportation (or the [Under Secretary of 
Transportation for Security with respect to security duties and 
powers designated to be carried out by the Under Secretary] 
Administrator of the Transportation Security Administration 
with respect to security duties and powers designated to be 
carried out by the Administrator of the Transportation Security 
Administration or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and 
powers designated to be carried out [by the Administrator)] by 
the Administrator of the Federal Aviation Administration) may 
bring a civil action against a person in a district court of 
the United States to enforce this part or a requirement or 
regulation prescribed, or an order or any term of a certificate 
or permit issued, under this part. The action may be brought in 
the judicial district in which the person does business or the 
violation occurred.

Sec. 46107. Enforcement by the Attorney General

  (a) Civil Actions to Enforce Section 40106(b).--The Attorney 
General may bring a civil action in a district court of the 
United States against a person to enforce section 40106(b) of 
this title. The action may be brought in the judicial district 
in which the person does business or the violation occurred.
  (b) Civil Actions to Enforce This Part.--
          (1) On request of the Secretary of Transportation (or 
        the [Under Secretary of Transportation for Security 
        with respect to security duties and powers designated 
        to be carried out by the Under Secretary] Administrator 
        of the Transportation Security Administration with 
        respect to security duties and powers designated to be 
        carried out by the Administrator of the Transportation 
        Security Administration or the Administrator of the 
        Federal Aviation Administration with respect to 
        aviation safety duties and powers designated to be 
        carried out [by the Administrator)] by the 
        Administrator of the Federal Aviation Administration), 
        the Attorney General may bring a civil action in an 
        appropriate court--
                  (A) to enforce this part or a requirement or 
                regulation prescribed, or an order or any term 
                of a certificate or permit issued, under this 
                part ; and
                  (B) to prosecute a person violating this part 
                or a requirement or regulation prescribed, or 
                an order or any term of a certificate or permit 
                issued, under this part.
          (2) The costs and expenses of a civil action shall be 
        paid out of the appropriations for the expenses of the 
        courts of the United States.
  (c) Participation of Secretary, [Under Secretary,]  
Administrator of the Transportation Security Administration, 
[or Administrator] or Administrator of the Federal Aviation 
Administration.--On request of the Attorney General, the 
Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration, as 
appropriate, may participate in a civil action under this part.

Sec. 46108. Enforcement of certificate requirements by interested 
                    persons

  An interested person may bring a civil action in a district 
court of the United States against a person to enforce section 
41101(a)(1) of this title. The action may be brought in the 
judicial district in which the defendant does business or the 
violation occurred.

Sec. 46109. Joinder and intervention

  A person interested in or affected by a matter under 
consideration in a proceeding before the Secretary of 
Transportation (or the Administrator of the Transportation 
Security Administration with respect to security duties and 
powers designated to be carried out by the Administrator of the 
Transportation Security Administration or the Administrator of 
the Federal Aviation Administration with respect to aviation 
safety duties and powers designated to be carried out by the 
Administrator) or civil action to enforce this part or a 
requirement or regulation prescribed, or an order or any term 
of a certificate or permit issued, under this part may be 
joined as a party or permitted to intervene in the proceeding 
or civil action.

Sec. 46110. Judicial review

  (a) Filing and Venue.--Except for an order related to a 
foreign air carrier subject to disapproval by the President 
under section 41307 or 41509(f) of this title, a person 
disclosing a substantial interest in an order issued by the 
Secretary of Transportation (or the [Under Secretary of 
Transportation for Security with respect to security duties and 
powers designated to be carried out by the Under Secretary] 
Administrator of the Transportation Security Administration 
with respect to security duties and powers designated to be 
carried out by the Administrator of the Transportation Security 
Administration or the Administrator of the Federal Aviation 
Administration with respect to aviation duties and powers 
designated to be carried out [by the Administrator)] by the 
Administrator of the Federal Aviation Administration) in whole 
or in part under this part, part B, or subsection (l) or (s) of 
section 114 may apply for review of the order by filing a 
petition for review in the United States Court of Appeals for 
the District of Columbia Circuit or in the court of appeals of 
the United States for the circuit in which the person resides 
or has its principal place of business. The petition must be 
filed not later than 60 days after the order is issued. The 
court may allow the petition to be filed after the 60th day 
only if there are reasonable grounds for not filing by the 60th 
day.
  (b) Judicial Procedures.--When a petition is filed under 
subsection (a) of this section, the clerk of the court 
immediately shall send a copy of the petition to the Secretary, 
[Under Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration, as appropriate. The Secretary, 
[Under Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration shall file with the court a 
record of any proceeding in which the order was issued, as 
provided in section 2112 of title 28.
  (c) Authority of Court.--When the petition is sent to the 
Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration, the court 
has exclusive jurisdiction to affirm, amend, modify, or set 
aside any part of the order and may order the Secretary, [Under 
Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration to conduct further proceedings. 
After reasonable notice to the Secretary, [Under Secretary,] 
Administrator of the Transportation Security Administration, 
[or Administrator] or Administrator of the Federal Aviation 
Administration, the court may grant interim relief by staying 
the order or taking other appropriate action when good cause 
for its action exists. Findings of fact by the Secretary, 
[Under Secretary,] Administrator of the Transportation Security 
Administration, [or Administrator] or Administrator of the 
Federal Aviation Administration, if supported by substantial 
evidence, are conclusive.
  (d) Requirement for Prior Objection.--In reviewing an order 
under this section, the court may consider an objection to an 
order of the Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration only if 
the objection was made in the proceeding conducted by the 
Secretary, [Under Secretary,] Administrator of the 
Transportation Security Administration, [or Administrator] or 
Administrator of the Federal Aviation Administration or if 
there was a reasonable ground for not making the objection in 
the proceeding.
  (e) Supreme Court Review.--A decision by a court under this 
section may be reviewed only by the Supreme Court under section 
1254 of title 28.

Sec. 46111. Certificate actions in response to a security threat

  (a) Orders.--The Administrator of the Federal Aviation 
Administration shall issue an order amending, modifying, 
suspending, or revoking any part of a certificate issued under 
this title if the [Administrator is] Administrator of the 
Federal Aviation Administration is notified by the [Under 
Secretary for Border and Transportation Security of the 
Department of Homeland Security] Administrator of the 
Transportation Security Administration that the holder of the 
certificate poses, or is suspected of posing, a risk of air 
piracy or terrorism or a threat to airline or passenger safety. 
If requested by the [Under Secretary] Administrator of the 
Transportation Security Administration, the order shall be 
effective immediately.
  (b) Hearings for Citizens.--An individual who is a citizen of 
the United States who is adversely affected by an order of the 
[Administrator] Administrator of the Federal Aviation 
Administration under subsection (a) is entitled to a hearing on 
the record.
  (c) Hearings.--When conducting a hearing under this section, 
the administrative law judge shall not be bound by findings of 
fact or interpretations of laws and regulations of the 
[Administrator] Administrator of the Federal Aviation 
Administration or the [Under Secretary] Administrator of the 
Transportation Security Administration.
  (d) Appeals.--An appeal from a decision of an administrative 
law judge as the result of a hearing under subsection (b) shall 
be made to the Transportation Security Oversight Board 
established by section 115. The Board shall establish a panel 
to review the decision. The members of this panel (1) shall not 
be employees of the Transportation Security Administration, (2) 
shall have the level of security clearance needed to review the 
determination made under this section, and (3) shall be given 
access to all relevant documents that support that 
determination. The panel may affirm, modify, or reverse the 
decision.
  (e) Review.--A person substantially affected by an action of 
a panel under subsection (d), or the [Under Secretary] 
Administrator of the Transportation Security Administration 
when the [Under Secretary] Administrator of the Transportation 
Security Administration decides that the action of the panel 
under this section will have a significant adverse impact on 
carrying out this part, may obtain review of the order under 
section 46110. The [Under Secretary] Administrator of the 
Transportation Security Administration and the [Administrator] 
Administrator of the Federal Aviation Administration shall be 
made a party to the review proceedings. Findings of fact of the 
panel are conclusive if supported by substantial evidence.
  (f) Explanation of Decisions.--An individual who commences an 
appeal under this section shall receive a written explanation 
of the basis for the determination or decision and all relevant 
documents that support that determination to the maximum extent 
that the national security interests of the United States and 
other applicable laws permit.
  (g) Classified Evidence.--
          (1) In general.--The [Under Secretary] Administrator 
        of the Transportation Security Administration, in 
        consultation with the [Administrator] Administrator of 
        the Federal Aviation Administration and the Director of 
        Central Intelligence, shall issue regulations to 
        establish procedures by which the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration, as part of a hearing conducted under 
        this section, may provide an unclassified summary of 
        classified evidence upon which the order of the 
        [Administrator] Administrator of the Federal Aviation 
        Administration was based to the individual adversely 
        affected by the order.
          (2) Review of classified evidence by administrative 
        law judge.--
                  (A) Review.--As part of a hearing conducted 
                under this section, if the order of the 
                [Administrator] Administrator of the Federal 
                Aviation Administration issued under subsection 
                (a) is based on classified information (as 
                defined in section 1(a) of the Classified 
                Information Procedures Act [(18 U.S.C. App.)] 
                (18 U.S.C. App.)), such information may be 
                submitted by the [Under Secretary] 
                Administrator of the Transportation Security 
                Administration to the reviewing administrative 
                law judge, pursuant to appropriate security 
                procedures, and shall be reviewed by the 
                administrative law judge ex parte and in 
                camera.
                  (B) Security clearances.--Pursuant to 
                existing procedures and requirements, the 
                [Under Secretary] Administrator of the 
                Transportation Security Administration shall, 
                in coordination, as necessary, with the heads 
                of other affected departments or agencies, 
                ensure that administrative law judges reviewing 
                orders of the [Administrator] Administrator of 
                the Federal Aviation Administration under this 
                section possess security clearances appropriate 
                for their work under this section.
          (3) Unclassified summaries of classified evidence.--
        As part of a hearing conducted under this section and 
        upon the request of the individual adversely affected 
        by an order of the [Administrator] Administrator of the 
        Federal Aviation Administration under subsection (a), 
        the [Under Secretary] Administrator of the 
        Transportation Security Administration shall provide to 
        the individual and reviewing administrative law judge, 
        consistent with the procedures established under 
        paragraph (1), an unclassified summary of any 
        classified information upon which the order of the 
        [Administrator] Administrator of the Federal Aviation 
        Administration is based.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                 SUBPART IV. ENFORCEMENT AND PENALTIES

                         CHAPTER 463. PENALTIES

Sec. 46301. Civil Penalties

  (a) General Penalty.--
          (1) A person is liable to the United States 
        Government for a civil penalty of not more than $25,000 
        (or $1,100 if the person is an individual or small 
        business concern) for violating--
                  (A) chapter 401 (except sections 40103(a) and 
                (d), 40105, 40116, and 40117), chapter 411, 
                chapter 413 (except sections 41307 and 
                41310(b)-(f)), chapter 415 (except sections 
                41502, 41505, and 41507-41509), chapter 417 
                (except sections 41703, 41704, 41710, 41713, 
                and 41714), chapter 419, subchapter II or III 
                of chapter 421, chapter 423, chapter 441 
                (except section 44109), 44502(b) or (c), 
                chapter 447 (except sections 44717 and 44719-
                44723), chapter 449 (except sections 44902, 
                44903(d), 44904, 44907(a)-(d)(1)(A) and 
                (d)(1)(C)-(f), and 44908), chapter 451, section 
                47107(b) (including any assurance made under 
                such section), or section 47133 of this title;
                  (B) a regulation prescribed or order issued 
                under any provision to which clause (A) of this 
                paragraph applies;
                  (C) any term of a certificate or permit 
                issued under section 41102, 41103, or 41302 of 
                this title; or
                  (D) a regulation of the United States Postal 
                Service under this part.
          (2) A separate violation occurs under this subsection 
        for each day the violation (other than a violation of 
        section 41719) continues or, if applicable, for each 
        flight involving the violation (other than a violation 
        of section 41719).
          (3) Penalty for diversion of aviation revenues.--The 
        amount of a civil penalty assessed under this section 
        for a violation of section 47107(b) of this title (or 
        any assurance made under such section) or section 47133 
        of this title may be increased above the otherwise 
        applicable maximum amount under this section to an 
        amount not to exceed 3 times the amount of revenues 
        that are used in violation of such section.
          (4) Aviation security violations.--Notwithstanding 
        paragraph (1) of this subsection, the maximum civil 
        penalty for violating chapter 449 shall be $10,000; 
        except that the maximum civil penalty shall be $ 25,000 
        in the case of a person operating an aircraft for the 
        transportation of passengers or property for 
        compensation (except an individual serving as an 
        airman).
          (5) Penalties applicable to individuals and small 
        business concerns.--
                  (A) An individual (except an airman serving 
                as an airman) or small business concern is 
                liable to the Government for a civil penalty of 
                not more than $10,000 for violating--
                          (i) chapter 401 (except sections 
                        40103(a) and (d), 40105, 40106(b), 
                        40116, and 40117), section 44502 (b) or 
                        (c), chapter 447 (except sections 
                        44717-44723), chapter 449 (except 
                        sections 44902, 44903(d), 44904, and 
                        44907-44909), [or chapter 451] chapter 
                        451, or section 46314(a) of this title; 
                        or
                          (ii) a regulation prescribed or order 
                        issued under any provision to which 
                        clause (i) applies.
                  (B) A civil penalty of not more than $10,000 
                may be imposed for each violation under 
                paragraph (1) committed by an individual or 
                small business concern related to--
                          (i) the transportation of hazardous 
                        material;
                          (ii) the registration or recordation 
                        under chapter 441 of an aircraft not 
                        used to provide air transportation;
                          (iii) a violation of section 
                        44718(d), relating to the limitation on 
                        construction or establishment of 
                        landfills;
                          (iv) a violation of section 44725, 
                        relating to the safe disposal of life-
                        limited aircraft parts; or
                          (v) a violation of section 40127 or 
                        section 41705, relating to 
                        discrimination.
                  (C) Notwithstanding paragraph (1), the 
                maximum civil penalty for a violation of 
                section 41719 committed by an individual or 
                small business concern shall be $5,000 instead 
                of $1,000.
                  (D) Notwithstanding paragraph (1), the 
                maximum civil penalty for a violation of 
                section 41712 (including a regulation 
                prescribed or order issued under such section) 
                or any other regulation prescribed by the 
                Secretary of Transportation by an individual or 
                small business concern that is intended to 
                afford consumer protection to commercial air 
                transportation passengers shall be $2,500 for 
                each violation.
  (b) Smoke Alarm Device Penalty.--
          (1) A passenger may not tamper with, disable, or 
        destroy a smoke alarm device located in a lavatory on 
        an aircraft providing air transportation or intrastate 
        air transportation.
          (2) An individual violating this subsection is liable 
        to the Government for a civil penalty of not more than 
        $2,000.
  (c) Procedural Requirements.--
          (1) The Secretary of Transportation may impose a 
        civil penalty for the following violations only after 
        notice and an opportunity for a hearing:
                  (A) a violation of subsection (b) of this 
                section or chapter 411, chapter 413 (except 
                sections 41307 and 41310(b)-(f)), chapter 415 
                (except sections 41502, 41505, and 41507-
                41509), chapter 417 (except sections 41703, 
                41704, 41710, 41713, and 41714), chapter 419, 
                subchapter II of chapter 421, chapter 423, or 
                section 44909 of this title.
                  (B) a violation of a regulation prescribed or 
                order issued under any provision to which 
                clause (A) of this paragraph applies.
                  (C) a violation of any term of a certificate 
                or permit issued under section 41102, 41103, or 
                41302 of this title.
                  (D) a violation under subsection (a)(1) of 
                this section related to the transportation of 
                hazardous material.
          (2) The Secretary shall give written notice of the 
        finding of a violation and the civil penalty under 
        paragraph (1) of this subsection.
  (d) Administrative Imposition of Penalties.--
          (1) In this subsection.--
                  (A) ``flight engineer'' means an individual 
                who holds a flight engineer certificate issued 
                under part 63 of title 14, Code of Federal 
                Regulations.
                  (B) ``mechanic'' means an individual who 
                holds a mechanic certificate issued under part 
                65 of title 14, Code of Federal Regulations.
                  (C) ``pilot'' means an individual who holds a 
                pilot certificate issued under part 61 of title 
                14, Code of Federal Regulations.
                  (D) ``repairman'' means an individual who 
                holds a repairman certificate issued under part 
                65 of title 14, Code of Federal Regulations.
          (2) The Administrator of the Federal Aviation 
        Administration may impose a civil penalty for a 
        violation of chapter 401 (except sections 40103(a) and 
        (d), 40105, 40106(b), 40116, and 40117), chapter 441 
        (except section 44109), section 44502(b) or (c), 
        section 46301(b), section 46302 (for a violation 
        relating to section 46504), section 46318, section 
        46319, section 46320, or section 47107(b) (as further 
        [defined by the Secretary] defined by the Secretary of 
        Transportation under section 47107(k) and including any 
        assurance made under section 47107(b)) of this title or 
        a regulation prescribed or order issued under any of 
        those provisions. The Secretary of Homeland Security 
        may impose a civil penalty for a violation of chapter 
        449 (except sections 44902, 44903(d), 44907(a)-
        (d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), 
        section 46302 (except for a violation relating to 
        section 46504), or section 46303 of this title or a 
        regulation prescribed or order issued under any of 
        those provisions. The Secretary of Homeland Security or 
        [Administrator shall] Administrator of the Federal 
        Aviation Administration shall  give written notice of 
        the finding of a violation and the penalty.
          (3) In a civil action to collect a civil penalty 
        imposed by the Secretary of Homeland Security or 
        [Administrator] Administrator of the Federal Aviation 
        Administration under this subsection, the issues of 
        liability and the amount of the penalty may not be 
        reexamined.
          (4) Notwithstanding paragraph (2) of this subsection, 
        the district courts of the United States have exclusive 
        jurisdiction of a civil action involving a penalty the 
        Secretary of Homeland Security or [Administrator] 
        Administrator of the Federal Aviation Administration 
        initiates if--
                  (A) the amount in controversy is more than--
                          (i) $50,000 if the violation was 
                        committed by any person before the date 
                        of enactment of the vision 100--Century 
                        of Aviation Reauthorization Act;
                          (ii) $400,000 if the violation was 
                        committed by a person other than an 
                        individual or small business concern on 
                        or after that date; or
                          (iii) $50,000 if the violation was 
                        committed by an individual or small 
                        business concern on or after that date;
                  (B) the action is in rem or another action in 
                rem based on the same violation has been 
                brought;
                  (C) the action involves an aircraft subject 
                to a lien that has been seized by the 
                Government; or
                  (D) another action has been brought for an 
                injunction based on the same violation.
          (5)
                  (A) The [Administrator] Administrator of the 
                Federal Aviation Administration may issue an 
                order imposing a penalty under this subsection 
                against an individual acting as a pilot, flight 
                engineer, mechanic, or repairman only after 
                advising the individual of the charges or any 
                reason the [Administrator] Administrator of the 
                Federal Aviation Administration relied on for 
                the proposed penalty and providing the 
                individual an opportunity to answer the charges 
                and be heard about why the order shall not be 
                issued.
                  (B) An individual acting as a pilot, flight 
                engineer, mechanic, or repairman may appeal an 
                order imposing a penalty under this subsection 
                to the National Transportation Safety Board. 
                After notice and an opportunity for a hearing 
                on the record, the Board shall affirm, modify, 
                or reverse the order. The Board may modify a 
                civil penalty imposed to a suspension or 
                revocation of a certificate.
                  (C) When conducting a hearing under this 
                paragraph, the Board is not bound by findings 
                of fact of the [Administrator] Administrator of 
                the Federal Aviation Administration but is 
                bound by all validly adopted interpretations of 
                laws and regulations the [Administrator] 
                Administrator of the Federal Aviation 
                Administration carries out and of written 
                agency policy guidance available to the public 
                related to sanctions to be imposed under this 
                section unless the Board finds an 
                interpretation is arbitrary, capricious, or 
                otherwise not according to law.
                  (D) When an individual files an appeal with 
                the Board under this paragraph, the order of 
                the [Administrator] Administrator of the 
                Federal Aviation Administration is stayed.
          (6) An individual substantially affected by an order 
        of the Board under paragraph (5) of this subsection, or 
        the [Administrator] Administrator of the Federal 
        Aviation Administration when the [Administrator] 
        Administrator of the Federal Aviation Administration 
        decides that an order of the Board under paragraph (5) 
        will have a significant adverse impact on carrying out 
        this part, may obtain judicial review of the order 
        under section 46110 of this title. The [Administrator] 
        Administrator of the Federal Aviation Administration 
        shall be made a party to the judicial review 
        proceedings. Findings of fact of the Board are 
        conclusive if supported by substantial evidence.
          (7)(A) The [Administrator] Administrator of the 
        Federal Aviation Administration may impose a penalty on 
        a person (except an individual acting as a pilot, 
        flight engineer, mechanic, or repairman) only after 
        notice and an opportunity for a hearing on the record.
                  (B) In an appeal from a decision of an 
                administrative law judge as the result of a 
                hearing under subparagraph (A) of this 
                paragraph, the [Administrator] Administrator of 
                the Federal Aviation Administration shall 
                consider only whether--
                          (i) each finding of fact is supported 
                        by a preponderance of reliable, 
                        probative, and substantial evidence;
                          (ii) each conclusion of law is made 
                        according to applicable law, precedent, 
                        and public policy; and
                          (iii) the judge committed a 
                        prejudicial error that supports the 
                        appeal.
                  (C) Except for good cause, a civil action 
                involving a penalty under this paragraph may 
                not be initiated later than 2 years after the 
                violation occurs.
                  (D) In the case of a violation of section 
                47107(b) of this title or any assurance made 
                under such section--
                          (i) a civil penalty shall not be 
                        assessed against an individual;
                          (ii) a civil penalty may be 
                        compromised as provided under 
                        subsection (f); and
                          (iii) judicial review of any order 
                        assessing a civil penalty may be 
                        obtained only pursuant to section 46110 
                        of this title.
          (8) The maximum civil penalty the [Under Secretary] 
        Administrator of the Transportation Security 
        Administration, [Administrator] Administrator of the 
        Federal Aviation Administration, or Board may impose 
        under this subsection is--
                  (A) $50,000 if the violation was committed by 
                any person before the date of enactment of the 
                vision 100--Century of Aviation Reauthorization 
                Act;
                  (B) $400,000 if the violation was committed 
                by a person other than an individual or small 
                business concern on or after that date; or
                  (C) $50,000 if the violation was committed by 
                an individual or small business concern on or 
                after that date.
          (9) This subsection applies only to a violation 
        occurring after August 25, 1992.
  (e) Penalty Considerations.--In determining the amount of a 
civil penalty under subsection (a)(3) of this section related 
to transportation of hazardous material, the Secretary of 
Transportation shall consider--
          (1) the nature, circumstances, extent, and gravity of 
        the violation;
          (2) with respect to the violator, the degree of 
        culpability, any history of prior violations, the 
        ability to pay, and any effect on the ability to 
        continue doing business; and
          (3) other matters that justice requires.
  (f) Compromise and Setoff.--
          (1)(A) The Secretary may compromise the amount of a 
        civil penalty imposed for violating--
                          (i) chapter 401 (except sections 
                        40103(a) and (d), 40105, 40116, and 
                        40117), chapter 441 (except section 
                        44109), section 44502(b) or (c), 
                        chapter 447 (except 44717 and 44719-
                        44723), chapter 449 (except sections 
                        44902, 44903(d), 44904, 44907(a)-
                        (d)(1)(A) and (d)(1)(C)-(f), 44908, and 
                        44909), or chapter 451 of this title; 
                        or
                          (ii) a regulation prescribed or order 
                        issued under any provision to which 
                        clause (i) of this subparagraph 
                        applies.
                  (B) The Postal Service may compromise the 
                amount of a civil penalty imposed under 
                subsection (a)(1)(D) of this section.
          (2) The Government may deduct the amount of a civil 
        penalty imposed or compromised under this subsection 
        from amounts it owes the person liable for the penalty.
  (g) Judicial Review.--An order of the Secretary or the 
[Administrator] Administrator of the Federal Aviation 
Administration imposing a civil penalty may be reviewed 
judicially only under section 46110 of this title.
  (h) Nonapplication.--
          (1) This section does not apply to the following when 
        performing official duties:
                  (A) a member of the armed forces of the 
                United States.
                  (B) a civilian employee of the Department of 
                Defense subject to the Uniform Code of Military 
                Justice.
          (2) The appropriate military authority is responsible 
        for taking necessary disciplinary action and submitting 
        to the Secretary (or the [Under Secretary of 
        Transportation for Security with respect to security 
        duties and powers designated to be carried out by the 
        Under Secretary] Administrator of the Transportation 
        Security Administration with respect to security duties 
        and powers designated to be carried out by the 
        Administrator of the Transportation Security 
        Administration [or the Administrator with respect to 
        aviation safety duties and powers designated to be 
        carried out by the Administrator] or the Administrator 
        of the Federal Aviation Administration with respect to 
        aviation safety duties and powers designated to be 
        carried out by the Administrator of the Federal 
        Aviation Administration) a timely report on action 
        taken.
  (i) Small Business Concern Defined.--In this section, the 
term ``small business concern'' has the meaning given that term 
in section 3 of the Small Business Act (15 U.S.C. 632).

Sec. 46304. Liens on aircraft

  (a) Aircraft Subject to Liens.--When an aircraft is involved 
in a violation referred to in section 46301(a)(1)(A)-(C) of 
this title and the violation is by the owner of, or individual 
commanding, the aircraft, the aircraft is subject to a lien for 
the civil penalty.
  (b) Seizure.--An aircraft subject to a lien under this 
section may be seized summarily and placed in the custody of a 
person authorized to take custody of it under regulations of 
the Secretary of Transportation ([or the Administrator of the 
Federal Aviation Administration with respect to aviation safety 
duties and powers designated to be carried out by the 
Administrator] or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator of the 
Federal Aviation Administration). A report on the seizure shall 
be submitted to the Attorney General. The Attorney General 
promptly shall bring a civil action in rem to enforce the lien 
or notify the Secretary or Administrator that the action will 
not be brought.
  (c) Release.--An aircraft seized under subsection (b) of this 
section shall be released from custody when--
          (1) the civil penalty is paid;
          (2) a compromise amount agreed on is paid;
          (3) the aircraft is seized under a civil action in 
        rem to enforce the lien;
          (4) the Attorney General gives notice that a civil 
        action will not be brought under subsection (b) of this 
        section; or
          (5) a bond (in an amount and with a surety the 
        Secretary or Administrator prescribes), conditioned on 
        payment of the penalty or compromise, is deposited with 
        the Secretary or Administrator.

Sec. 46311. Unlawful disclosure of information

  (a) Criminal Penalty.--The Secretary of Transportation, the 
[Under Secretary of Transportation for Security with respect to 
security duties and powers designated to be carried out by the 
Under Secretary] Administrator of the Transportation Security 
Administration with respect to security duties and powers 
designated to be carried out by the Administrator of the 
Transportation Security Administration, [the Administrator of 
the Federal Aviation Administration with respect to aviation 
safety duties and powers designated to be carried out by the 
Administrator] or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator of the 
Federal Aviation Administration, or an officer or employee of 
the Secretary, [Under Secretary] Administrator of the 
Transportation Security Administration, or [Administrator 
shall] Administrator of the Federal Aviation Administration 
shall be fined under title 18, imprisoned for not more than 2 
years, or both, if the Secretary, [Under Secretary] 
Administrator of the Transportation Security Administration, 
[Administrator,] Administrator of the Federal Aviation 
Administration, officer, or employee knowingly and willfully 
discloses information that--
          (1) the Secretary, [Under Secretary] Administrator of 
        the Transportation Security Administration, 
        [Administrator] Administrator of the Federal Aviation 
        Administration, officer, or employee acquires when 
        inspecting the records of an air carrier; or
          (2) is withheld from public disclosure under section 
        40115 of this title.
  (b) Nonapplication.--Subsection (a) of this section does not 
apply if--
          (1) the officer or employee is directed by the 
        Secretary, [Under Secretary] Administrator of the 
        Transportation Security Administration, or 
        [Administrator] Administrator of the Federal Aviation 
        Administration to disclose information that the 
        Secretary, [Under Secretary] Administrator of the 
        Transportation Security Administration, or 
        [Administrator] Administrator of the Federal Aviation 
        Administration had ordered withheld; or
          (2) the Secretary, [Under Secretary] Administrator of 
        the Transportation Security Administration, 
        [Administrator] Administrator of the Federal Aviation 
        Administration, officer, or employee is directed by a 
        court of competent jurisdiction to disclose the 
        information.
  (c) Withholding Information From Congress.--This section does 
not authorize the Secretary, [Under Secretary] Administrator of 
the Transportation Security Administration, or [Administrator] 
Administrator of the Federal Aviation Administration to 
withhold information from a committee of Congress authorized to 
have the information.

Sec. 46313. Refusing to appear or produce records

  A person not obeying a [subpena] subpoena or requirement of 
the Secretary of Transportation (or the [Under Secretary of 
Transportation for Security with respect to security duties and 
powers designated to be carried out by the Under Secretary] 
Administrator of the Transportation Security Administration 
with respect to security duties and powers designated to be 
carried out by the Administrator of the Transportation Security 
Administration  [or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator] or 
the Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be 
carried out by the Administrator of the Federal Aviation 
Administration) to appear and testify or produce records shall 
be fined under title 18, imprisoned for not more than one year, 
or both.

Sec. 46316. General criminal penalty when specific penalty not provided

  (a) Criminal Penalty.--Except as provided by subsection (b) 
of this section, when another criminal penalty is not provided 
under this chapter, a person that knowingly and willfully 
violates this part, a regulation prescribed or order issued by 
the Secretary of Transportation (or the [Under Secretary of 
Transportation for Security with respect to security duties and 
powers designated to be carried out by the Under Secretary] 
Administrator of the Transportation Security Administration 
with respect to security duties and powers designated to be 
carried out by the Administrator of the Transportation Security 
Administration [or the Administrator of the Federal Aviation 
Administration with respect to aviation safety duties and 
powers designated to be carried out by the Administrator] or 
the Administrator of the Federal Aviation Administration with 
respect to aviation safety duties and powers designated to be 
carried out by the Administrator of the Federal Aviation 
Administration) under this part, or any term of a certificate 
or permit issued under section 41102, 41103, or 41302 of this 
title shall be fined under title 18. A separate violation 
occurs for each day the violation continues.
  (b) Nonapplication.--Subsection (a) of this section does not 
apply to chapter 401 (except sections 40103(a) and (d), 40105, 
40116, and 40117), chapter 441 (except section 44109), chapter 
445, chapter 447 (except section 44718(a)), and chapter 449 
(except sections 44902, 44903(d), 44904, and 44907-44909) of 
this title.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                    PART A. AIR COMMERCE AND SAFETY

                 SUBPART IV. ENFORCEMENT AND PENALTIES

    CHAPTER 465. SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES

Sec. 46505. Carrying a weapon or explosive on an aircraft

  (a) * * *
  (d) Nonapplication.--Subsection (b)(1) of this section does 
not apply to--
          (1) a law enforcement officer of a State or political 
        subdivision of a State, or an officer or employee of 
        the United States Government, authorized to carry arms 
        in an official capacity;
          (2) another individual the Administrator of the 
        Federal Aviation Administration or the [Under Secretary 
        of Transportation for Security] Administrator of the 
        Transportation Security Administration by regulation 
        authorizes to carry a dangerous weapon in air 
        transportation or intrastate air transportation; or
          (3) an individual transporting a weapon (except a 
        loaded firearm) in baggage not accessible to a 
        passenger in flight if the air carrier was informed of 
        the presence of the weapon.
  (e) Conspiracy.--If two or more persons conspire to violate 
subsection (b) or (c), and one or more of such persons do any 
act to effect the object of the conspiracy, each of the parties 
to such conspiracy shall be punished as provided in such 
subsection.

                        TITLE 49. TRANSPORTATION

                    SUBTITLE VII. AVIATION PROGRAMS

                           PART C. FINANCING

                 CHAPTER 483. AVIATION SECURITY FUNDING

[Sec. 48301. Aviation security funding

  [(a) In General.--There are authorized to be appropriated for 
fiscal years 2002, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 
and 2011 such sums as may be necessary to carry out chapter 449 
and related aviation security activities under this title. Any 
amounts appropriated pursuant to this section for fiscal year 
2002 shall remain available until expended.
  [(b) Grants for Aircraft Security.--There is authorized to be 
appropriated $500,000,000 for fiscal year 2002 to the Secretary 
of Transportation to make grants to or other agreements with 
air carriers (including intrastate air carriers) to--
          [(1) fortify cockpit doors to deny access from the 
        cabin to the pilots in the cockpit;
          [(2) provide for the use of video monitors or other 
        devices to alert the cockpit crew to activity in the 
        passenger cabin;
          [(3) ensure continuous operation of the aircraft 
        transponder in the event the crew faces an emergency; 
        and
          [(4) provide for the use of other innovative 
        technologies to enhance aircraft security]

                      HOMELAND SECURITY ACT OF 2002

                         [6 U.S.C. 101 et seq.]

SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.

  (a) * * *
  (b) Update and Report.--[Beginning 2 years after the date the 
Plan is submitted to Congress under subsection (a), and 
biennially thereafter, the Administrator shall submit to 
Congress--] The Administrator shall, in collaboration with 
relevant industry and government stakeholders, annually submit 
to Congress in an appendix to the budget request and publish in 
an unclassified format in the public domain--
          (1) an update of the Plan[; and];
          (2) a report on the extent to which each security-
        related technology acquired by the Administration since 
        the last issuance or update of the Plan is consistent 
        with the planned technology programs and projects 
        identified under subsection (d)(2) for that security-
        related technology[.]; and
          (3) information about acquisitions completed during 
        the fiscal year preceding the fiscal year during which 
        the report is submitted.

    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007

                   [Public Law 110-53; 121 Stat. 266]

SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.

  (a) * * *
  (g) Authorization.--There are authorized to be appropriated 
to the Secretary such sums as may be necessary to carry out 
this section for fiscal years 2007 through 2011.
  (h) Third Party Canine Teams for Air Cargo Security.--
          (1) In general.--In order to enhance the screening of 
        air cargo and ensure that third party explosives 
        detection canine assets are leveraged for such purpose, 
        the Administrator shall, not later than 180 days after 
        the date of enactment of the TSA Modernization Act--
                  (A) develop and issue standards for the use 
                of such third party explosives detection canine 
                assets for the primary screening of air cargo;
                  (B) develop a process to identify qualified 
                non-Federal entities that will certify canine 
                assets that meet the standards established by 
                the Administrator under subparagraph (A);
                  (C) ensure that entities qualified to certify 
                canine assets shall be independent from 
                entities that will train and provide canines to 
                end users of such canine assets;
                  (D) establish a system of Transportation 
                Security Administration audits of the process 
                developed under subparagraph (B); and
                  (E) provide that canines certified for the 
                primary screening of air cargo can be used by 
                air carriers, foreign air carriers, freight 
                forwarders, and shippers.
          (2) Implementation.--Beginning on the date that the 
        development of the process under paragraph (1)(B) is 
        complete, the Administrator shall--
                  (A) facilitate the deployment of such assets 
                that meet the certification standards of the 
                Administration, as determined by the 
                Administrator;
                  (B) make such standards available to vendors 
                seeking to train and deploy third party 
                explosives detection canine assets; and
                  (C) ensure that all costs for the training 
                and certification of canines, and for the use 
                of supplied canines, are borne by private 
                industry and not the Federal Government.
          (3) Definitions.--In this subsection:
                  (A) Air carrier.--The term ``air carrier'' 
                has the meaning given the term in section 40102 
                of title 49, United States Code.
                  (B) Foreign air carrier.--The term ``foreign 
                air carrier'' has the meaning given the term in 
                section 40102 of title 49, United States Code.
                  (C) Third party explosives detection canine 
                asset.--The term ``third party explosives 
                detection canine asset'' means any explosives 
                detection canine or handler not owned or 
                employed, respectively, by the Transportation 
                Security Administration.

                AVIATION AND TRANSPORTATION SECURITY ACT

                   [Public Law 107-71; 115 Stat. 602]

SEC. 101. UNDER SECRETARY OF TRANSPORTATION FOR SECURITY; BONUS 
                    ELIGIBILITY.

                          [5 U.S.C. 5313 note]

  (a) * * *
  (c) Position of Under Secretary in Executive Schedule.--
          (1) In general.--* * *
          (2) Bonus eligibility.--In addition to the annual 
        rate of pay authorized by section 5313 of title 5, 
        United States Code, the [Under Secretary] Administrator 
        of the Transportation Security Administration may 
        receive a bonus for any calendar year not to exceed 30 
        percent of the annual rate of pay, based on the 
        [Secretary's] Secretary of Homeland Security's 
        evaluation of the [Under Secretary's] Administrator's 
        performance.
  (d) * * *

        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004

                  [Public Law 108-458; 118 Stat. 3638]

SEC. 4016. FEDERAL AIR MARSHALS.

                         [49 U.S.C. 44917 note]

  (a) Federal Air Marshal Anonymity.--The Director of the 
Federal Air Marshal Service of the Department of Homeland 
Security shall continue operational initiatives to protect the 
anonymity of Federal air marshals.
  (b) Authorization of Additional Appropriations.--There is 
authorized to be appropriated to the Secretary of Homeland 
Security for the use of the Bureau of Immigration and Customs 
Enforcement, in addition to any amounts otherwise authorized by 
law, for the deployment of Federal air marshals under section 
44917 of title 49, United States Code, $83,000,000 for the 3 
fiscal-year period beginning with fiscal year 2005. Such sums 
shall remain available until expended.
  (c) Federal Law Enforcement Counterterrorism Training.--
          (1) Availability of information.--The [Assistant 
        Secretary for Immigration and Customs Enforcement] 
        Administrator of the Transportation Security 
        Administration and the Director of Federal Air Marshal 
        Service of the Department of Homeland Security, shall 
        make available, as practicable, appropriate information 
        on in-flight counterterrorism and weapons handling 
        procedures and tactics training to Federal law 
        enforcement officers who fly while in possession of a 
        firearm.
          (2) Identification of fraudulent documents.--The 
        [Assistant Secretary for Immigration and Customs 
        Enforcement and the Director of Federal Air Marshal 
        Service of the Department of Homeland Security, in 
        coordination with the Assistant Secretary of Homeland 
        Security (Transportation Security Administration),] 
        Administrator of the Transportation Security 
        Administration and the Director of Federal Air Marshal 
        Service of the Department of Homeland Security shall 
        ensure that Transportation Security Administration 
        screeners and Federal air marshals receive training in 
        identifying fraudulent identification documents, 
        including fraudulent or expired visas and passports. 
        Such training shall also be made available to other 
        Federal law enforcement agencies and local law 
        enforcement agencies located in a State that borders 
        Canada or Mexico.

            FAA EXTENSION, SAFETY, AND SECURITY ACT OF 2016

                  [Public Law 114-190; 130 Stat. 615]

[SEC. 3101. PRECHECK PROGRAM AUTHORIZATION.

  [The Administrator shall continue to administer the PreCheck 
Program.]

[SEC. 3102. PRECHECK PROGRAM ENROLLMENT EXPANSION.

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

                     AVIATION SECURITY ACT OF 2016

                         [49 U.S.C. 44901 note]

[SEC. 3204. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED 
                    STATES.

                         [49 U.S.C. 44901 note]

  [(a) In General.--The Administrator is authorized to donate 
security screening equipment to a foreign last point of 
departure airport operator if such equipment can be reasonably 
expected to mitigate a specific vulnerability to the security 
of the United States or United States citizens.
  [(b) Report.--Not later than 30 days before any donation of 
security screening equipment pursuant to subsection (a), the 
Administrator shall provide to the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science, and Transportation of the Senate a detailed 
written explanation of the following:
          [(1) The specific vulnerability to the United States 
        or United States citizens that will be mitigated by 
        such donation.
          [(2) An explanation as to why the recipient of such 
        donation is unable or unwilling to purchase security 
        screening equipment to mitigate such vulnerability.
          [(3) An evacuation plan for sensitive technologies in 
        case of emergency or instability in the country to 
        which such donation is being made.
          [(4) How the Administrator will ensure the security 
        screening equipment that is being donated is used and 
        maintained over the course of its life by the 
        recipient.
          [(5) The total dollar value of such donation.]

                                  [all]
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