582 
forcement officer seeking to carry a weapon on board a com-
mercial aircraft, without unnecessarily disclosing to the public 
that the individual is a law enforcement officer. 
(C) PROCEDURES.—In establishing the program, the Secretary 
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 the officer; 
(ii) to preserve the anonymity of the armed law enforce-
ment 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 a law enforcement travel credential or sys-
tem that is lost, stolen, or no longer authorized for use; 
(vi) to coordinate the program with the Federal Air Mar-
shal Service, including the force multiplier program of the 
Service; and 
(vii) to implement a phased approach to launching the pro-
gram, addressing the immediate needs of the relevant Federal 
agent population before expanding the program to other law 
enforcement populations. 
(i) AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL 
WEAPONS.— 
(1) IN
GENERAL.—If the Administrator, after receiving the rec-
ommendations 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 in-
terest in avoiding air piracy, the Administrator may authorize members 
of the flight deck crew on an aircraft providing air transportation or 
intrastate air transportation to carry a less-than-lethal weapon while 
the aircraft is engaged in providing the transportation. 
(2) USAGE.—If the 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 trans-
portation, the Administrator shall— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00582
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
583 
(A) prescribe rules requiring that the crew member be trained 
in the proper use of the weapon; and 
(B) prescribe guidelines setting forth the circumstances under 
which weapons may be used. 
(3) REQUEST OF AIR CARRIERS TO USE LESS-THAN-LETHAL WEAP-
ONS.—If the Administrator receives a request from an air carrier for 
authorization to allow pilots of the air carrier to carry less-than-lethal 
weapons, the Administrator shall respond to that request within 90 
days. 
(j) SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING SECU-
RITY TECHNOLOGIES AND PROCEDURES.— 
(1) DEFINITION OF SECURE AREA OF AN AIRPORT.—In this sub-
section, the term ‘‘secure area of an airport’’ means the sterile area 
and the Security Identification Display Area of an airport (as the 
terms are defined in section 1540.5 of title 49, Code of Federal Regu-
lations, or a successor regulation to that section). 
(2) IN GENERAL.—The Administrator shall recommend to airport 
operators commercially available measures or procedures to prevent ac-
cess to secure airport areas by unauthorized persons. As part of a 6- 
month assessment, the Administrator 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 sys-
tems; 
(D) review the effectiveness of airport emergency exit systems 
and determine whether those that lead to secure areas of the air-
port should be monitored or how breaches can be swiftly re-
sponded to; and 
(E) specifically target the elimination of the ‘‘piggy-backing’’ 
phenomenon, where another person follows an authorized person 
through the access point. 
(3) DEPLOYMENT STRATEGY FOR AVAILABLE TECHNOLOGY; REVIEW 
OF REDUCTIONS IN UNAUTHORIZED ACCESS.—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 Avia-
tion Administration approved air carrier security programs required 
under part 108 of title 14, Code of Federal Regulations. After the as-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00583
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
584 
sessment, the Administrator shall conduct a review of reductions in un-
authorized access at these airports. 
(4) COMPUTER-ASSISTED PASSENGER PRESCREENING SYSTEM.— 
(A) IN
GENERAL.—The Administrator shall ensure that the 
Computer-Assisted Passenger Prescreening System, or a successor 
system— 
(i) is used to evaluate all passengers before they board an 
aircraft; and 
(ii) includes procedures to ensure that individuals selected 
by the system and their carry-on and checked baggage are 
adequately screened. 
(B) MODIFICATIONS.—The Administrator may modify a re-
quirement under the Computer-Assisted Passenger Prescreening 
System for flights that originate and terminate in the same State, 
if the Administrator determines that— 
(i) the State has extraordinary air transportation needs or 
concerns due to its isolation and dependence on air transpor-
tation; and 
(ii) the routine characteristics of passengers, given the na-
ture of the market, regularly triggers primary selectee status. 
(C) ADVANCED AIRLINE PASSENGER PRESCREENING.— 
(i) TESTING.—The Administrator, or the designee of the 
Administrator, shall commence testing of an advanced pas-
senger prescreening system that will allow the Department to 
assume the performance of comparing passenger information, 
as defined by the Administrator, to the automatic selectee 
and no fly lists, utilizing all appropriate records in the con-
solidated and integrated terrorist watchlist maintained by the 
Federal Government. 
(ii) ASSUMPTION OF PERFORMANCE.—After completion of 
testing under clause (i), the Administrator, or the designee of 
the 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 uti-
lize all appropriate records in the consolidated and integrated 
terrorist watchlist maintained by the Federal Government in 
performing that function. 
(iii) DUTIES IN ASSUMING PERFORMANCE.—In assuming 
performance of the function under clause (ii), the Adminis-
trator shall— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00584
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
585 
(I) establish a procedure to enable airline passengers, 
who are delayed or prohibited from boarding a flight be-
cause the advanced passenger prescreening system deter-
mined that they might pose a security threat, to appeal 
a 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 re-
duce the opportunities for abuse; 
(V) implement substantial security measures to pro-
tect 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 con-
cerns with the technological architecture of the system. 
(iv) REQUIREMENT
TO
PROVIDE
PASSENGER
INFORMA-
TION.—After the completion of the testing of the advanced 
passenger prescreening system, the Administrator, by order 
or interim final rule— 
(I) shall require air carriers to supply to the Adminis-
trator the passenger information needed to begin imple-
menting the advanced passenger prescreening system; 
and 
(II) shall require entities that provide systems and 
services to air carriers in the operation of air carrier res-
ervations systems to provide to air carriers passenger in-
formation in possession of the entities, but only to the 
extent necessary to comply with subclause (I). 
(v) INCLUSION OF DETAINEE ON NO FLY LIST.—The Ad-
ministrator, in coordination with the Terrorist Screening Cen-
ter, shall include on the No Fly List an 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 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00585
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS