H. R. 2115—80
to appeal such determination and correct information contained
in CAPPS2;
(2) the error rate of the Government and private data
bases that will be used to both establish identity and assign
a risk level to a passenger under CAPPS2 will not produce
a large number of false positives that will result in a significant
number of passengers being mistaken as a security threat;
(3) the Under Secretary has demonstrated the efficacy and
accuracy of all search tools in CAPPS2 and has demonstrated
that CAPPS2 can make an accurate predictive assessment of
those passengers who would constitute a security threat;
(4) the Secretary of Homeland Security has established
an internal oversight board to oversee and monitor the manner
in which CAPPS2 is being implemented;
(5) the Under Secretary has built in sufficient operational
safeguards to reduce the opportunities for abuse;
(6) substantial security measures are in place to protect
CAPPS2 from unauthorized access by hackers or other
intruders;
(7) the Under Secretary has adopted policies establishing
effective oversight of the use and operation of the system;
and
(8) there are no specific privacy concerns with the techno-
logical architecture of the system.
(b) GAO REPORT.—Not later than 90 days after the date on
which certification is provided under subsection (a), the Comptroller
General shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate, the Committee
on Transportation and Infrastructure of the House of Representa-
tives, and the Committee on Commerce, Science and Transportation
of the Senate that assesses the impact of CAPPS2 on the issues
listed in subsection (a) and on privacy and civil liberties. The
report shall include any recommendations for practices, procedures,
regulations, or legislation to eliminate or minimize adverse effect
of CAPPS2 on privacy, discrimination, and other civil liberties.
SEC. 608. REPORT ON PASSENGER PRESCREENING PROGRAM.
(a) IN GENERAL.—Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security, after consultation
with the Attorney General, shall submit a report in writing to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure on the potential impact of the Transportation
Security Administration’s proposed Computer Assisted Passenger
Prescreening system, commonly known as CAPPS2, on the privacy
and civil liberties of United States citizens.
(b) SPECIFIC ISSUES TO BE ADDRESSED.—The report shall
address the following:
(1) Whether and for what period of time data gathered
on individual travelers will be retained, who will have access
to such data, and who will make decisions concerning access
to such data.
(2) How the Transportation Security Administration will
treat the scores assigned to individual travelers to measure
the likelihood they may pose a security threat, including how
long such scores will be retained and whether and under what
H. R. 2115—81
circumstances they may be shared with other governmental,
nongovernmental, or commercial entities.
(3) The role airlines and outside vendors or contractors
will have in implementing and operating the system, and to
what extent will they have access, or the means to obtain
access, to data, scores, or other information generated by the
system.
(4) The safeguards that will be implemented to ensure
that data, scores, or other information generated by the system
will be used only as officially intended.
(5) The procedures that will be implemented to mitigate
the effect of any errors, and what procedural recourse will
be available to passengers who believe the system has wrongly
barred them from taking flights.
(6) The oversight procedures that will be implemented to
ensure that, on an ongoing basis, privacy and civil liberties
issues will continue to be considered and addressed with high
priority as the system is installed, operated, and updated.
SEC. 609. ARMING CARGO PILOTS AGAINST TERRORISM.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
members of a flight deck crew of a cargo aircraft should be armed
with a firearm or taser to defend the cargo aircraft against an
attack by terrorists that could result in the use of the aircraft
as a weapon of mass destruction or for other terrorist purposes.
(b) ARMING CARGO PILOTS AGAINST TERRORISM.—Section 44921
is amended—
(1) in subsection (a) by striking ‘‘passenger’’ each place
that it appears;
(2) in subsection (k)(2) by striking ‘‘or,’’ and all that follows
before the period at the end and inserting ‘‘or any other flight
deck crew member’’; and
(3) by adding at the end of subsection (k) the following:
‘‘(3) ALL-CARGO AIR TRANSPORTATION.—In this section, the
term ‘air transportation’ includes all-cargo air transportation.’’.
(c) TIME FOR IMPLEMENTATION.—In carrying out the amend-
ments made by subsection (d), the Under Secretary for Border
and Transportation Security of the Department of Homeland Secu-
rity shall ensure that passenger and cargo pilots are treated equi-
tably in receiving access to training as Federal flight deck officers.
(d) EFFECT ON OTHER LAWS.—The requirements of subsection
(e) shall have no effect on the deadlines for implementation con-
tained in section 44921 of title 49, United States Code, as in
effect on the day before the date of enactment of this Act.
SEC. 610. REMOVAL OF CAP ON TSA STAFFING LEVEL.
The matter appearing under the heading ‘‘AVIATION SECURITY’’
in the appropriations for the Transportation Security Administra-
tion in the Transportation and Related Agencies Appropriation Act,
2003 (Public Law 108–7; 117 Stat. 386) is amended by striking
the fifth proviso.
SEC. 611. FOREIGN REPAIR STATIONS.
(a) OVERSIGHT PLAN.—Within 90 days after the date of enact-
ment of this Act, the Administrator of the Federal Aviation Adminis-
tration shall transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Com-
mittee on Transportation and Infrastructure a plan containing an
H. R. 2115—82
implementation schedule to strengthen oversight of domestic and
foreign repair stations and ensure that foreign repair stations that
are certified by the Administrator under part 145 of title 14, Code
of Federal Regulations, are subject to an equivalent level of safety,
oversight, and quality control as those located in the United States.
(b) REPAIR STATION SECURITY.—
(1) IN GENERAL.—Subchapter I of chapter 449 is further
amended by adding at the end the following:
‘‘§ 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 Home-
land Security, 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 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 18 months after the date on which
the Under Secretary issues regulations under subsection (f).
‘‘(b) ADDRESSING SECURITY CONCERNS.—The Under Secretary
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 that a deficiency was identified in
the security audit.
‘‘(c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.—
‘‘(1) FAILURE
TO
CARRY
OUT
EFFECTIVE
SECURITY
MEAS-
URES.—If, after the 90th day on which a notice is provided
to a foreign repair station under subsection (b), the Under
Secretary determines that the foreign repair station does not
maintain and carry out effective security measures, the Under
Secretary shall notify the Administrator of the determination.
Upon receipt of the determination, the Administrator shall
suspend the certification of the repair station until such time
as the Under Secretary determines that the repair station
maintains and carries out effective security measures and
transmits the determination to the Administrator.
‘‘(2) IMMEDIATE
SECURITY
RISK.—If the Under Secretary
determines that a foreign repair station poses an immediate
security risk, the Under Secretary shall notify the Adminis-
trator of the determination. Upon receipt of the determination,
the Administrator shall revoke the certification of the repair
station.
‘‘(3) PROCEDURES FOR APPEALS.—The Under Secretary, in
consultation with the Administrator, 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 18 months after the date on which the Under Secretary
issues regulations under subsection (f), the Administrator shall
be barred from certifying any foreign repair station until such
audits are completed for existing stations.
‘‘(e) PRIORITY FOR AUDITS.—In conducting the audits described
in subsection (a), the Under Secretary and the Administrator shall
H. R. 2115—83
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 Under Secretary, in consultation
with the Administrator, shall issue final regulations to ensure the
security of foreign and domestic aircraft repair stations.
‘‘(g) REPORT TO CONGRESS.—If the Under Secretary does not
issue final regulations before the deadline specified in subsection
(f), the Under Secretary 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 dead-
line was not met and a schedule for issuing the final regulations.’’.
(2) CONFORMING AMENDMENT.—The analysis for subchapter
I of chapter 449 is further amended by adding at the end
the following:
‘‘44924. Repair station security.’’.
SEC. 612. FLIGHT TRAINING.
(a) IN GENERAL.—Section 44939 is amended to read as follows:
‘‘§ 44939. Training to operate certain aircraft
‘‘(a) WAITING PERIOD.—A person operating as a flight instructor,
pilot school, or aviation training center or subject to regulation
under this part may provide training in the operation of any aircraft
having a maximum certificated takeoff weight of more than 12,500
pounds to an alien (as defined in section 101(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other
individual specified by the Secretary of Homeland Security only
if—
‘‘(1) that person has first notified the Secretary that the
alien or individual has requested such training and submitted
to the Secretary, in such form as the Secretary may prescribe,
the following information about the alien or individual:
‘‘(A) full name, including any aliases used by the
applicant or variations in spelling of the applicant’s name;
‘‘(B) passport and visa information;
‘‘(C) country of citizenship;
‘‘(D) date of birth;
‘‘(E) dates of training; and
‘‘(F) fingerprints collected by, or under the supervision
of, a Federal, State, or local law enforcement agency or
by another entity approved by the Federal Bureau of Inves-
tigation or the Secretary of Homeland Security, including
fingerprints taken by United States Government personnel
at a United States embassy or consulate; and
‘‘(2) the Secretary has not directed, within 30 days after
being notified under paragraph (1), that person not to provide
the requested training because the Secretary has determined
that the individual presents a risk to aviation or national
security.
‘‘(b) INTERRUPTION OF TRAINING.—If the Secretary of Homeland
Security, more than 30 days after receiving notification under sub-
section (a) from a person providing training described in subsection
(a), determines that the individual presents a risk to aviation or
national security, the Secretary shall immediately notify the person