49 U.S.C. § 44903: Air transportation security

The term “Administrator” means the Administrator of the Transportation Security Administration. authorized to carry and use firearms; vested with the degree of the police power of arrest the Administrator considers necessary to carry out this section; and identifiable by appropriate indicia of authority. 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; protecting passengers; and the public interest in promoting air transportation and intrastate air transportation; their safety; and courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and consider the extent to which a proposed regulation will carry out this section. The 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 Administrator decides, after being notified by an operator in the form the Administrator prescribes, that not enough qualified State, local, and private law enforcement personnel are available to carry out subsection (b), the Administrator may authorize the operator to use, on a reimbursable basis, personnel employed by the 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 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. 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 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 the methods the airport operator will use to monitor and audit the tenant’s compliance with the security requirements and provides that the tenant will be required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator. If the 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. 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. 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. to carry firearms; and to make arrests without warrant for an offense against the United States committed in the presence of the individual or for a felony under the laws of the United States, if the individual reasonably believes the individual to be arrested has committed or is committing a felony. The 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 Administrator, other departments, agencies, and instrumentalities of the Government shall provide assistance necessary to carry out this subsection. The Administrator may establish at airports such consortia of government and aviation industry representatives as the 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 chapter 10 of title 5. The 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. Each airport operator, air carrier, and security screening company shall include the list of sanctions published by the 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. work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses; require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform; require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Administrator to measure employee compliance; on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found; improve and better administer the Administrator’s security database to ensure its efficiency, reliability, and usefulness for identification of systemic problems and allocation of resources; improve the execution of the Administrator’s quality control program; and work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics. The 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. In determining where to deploy such personnel, the 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. The 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. shall require 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); 1 1 So in original. Probably should be “subsection (c)”. shall prescribe specific requirements for such screening and inspection that will assure at least the same level of protection as will result from screening of passengers and their baggage; 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 subsection (c); all supplies, including catering and passenger amenities, placed aboard such aircraft, including the sealing of supplies to ensure easy visual detection of tampering; and all persons providing such supplies and facilities of such persons; shall require vendors having direct access to the airfield and aircraft to develop security programs; and shall issue 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. comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and secure; a list of products and vendors that meet the requirements and standards set forth in subparagraph (A); to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and to resolve failures to enroll, false matches, and false non-matches; and best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports. implement this paragraph by publication in the Federal Register; and 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. establish a credential or a system that incorporates biometric technology and other applicable technologies; establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments; comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12; apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer. to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer; to preserve the anonymity of the armed law enforcement officer; to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system; to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft; to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use; to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before expanding to other law enforcement populations. 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. The term “biometric identifier” means a technology that enables the automated identification, or verification of the identity, of an individual based on biometric information. 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. 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. The term “false non-match” means the rejection of a valid identity by a biometric identifier system. 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). If the 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 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. prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and prescribe guidelines setting forth the circumstances under which such weapons may be used. 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. The Administrator shall periodically recommend to airport operators commercially available measures or procedures to prevent access to secure airport areas by unauthorized persons. is used to evaluate all passengers before they board an aircraft; and includes procedures to ensure that individuals selected by the program and their carry-on and checked baggage are adequately screened. the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status. 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 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. 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 utilize all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government in performing that function. establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system; ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives; establish an internal oversight board to oversee and monitor the manner in which the system is being implemented; establish sufficient operational safeguards to reduce the opportunities for abuse; implement substantial security measures to protect the system from unauthorized access; adopt policies establishing effective oversight of the use and operation of the system; and ensure that there are no specific privacy concerns with the technological architecture of the system. shall require air carriers to supply to the Administrator the passenger information needed to begin implementing the advanced passenger prescreening system; and shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I). The 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. being certificated by the Federal Aviation Administration; being granted unescorted access to the secure area of an airport; or being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport. request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list. The requirements of subparagraph (C)(iii) shall apply to this subparagraph. 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. 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). The 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. The process shall include the establishment of a method by which the 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 Administrator to authenticate the identity of such a passenger or individual. 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). An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was occurring or was about to occur. The 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. 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. 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). In this paragraph, the term “armed forces” has the meaning given that term by section 101(a)(4) of title 10 . The 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). leveraging existing security screening models used to reduce passenger wait times; establishing standard guidelines for the screening of military uniform items, including combat boots; and incorporating any new screening protocols into an existing trusted passenger program, as established pursuant to section 109(a)(3) of the Aviation and Transportation Security Act ( 49 U.S.C. 114 note), or into the development of any new credential or system that incorporates biometric technology and other applicable technologies to verify the identity of individuals traveling in air transportation. Nothing in this subsection shall affect the authority of the Administrator to require additional screening of a member of the armed forces if intelligence or law enforcement information indicates that additional screening is necessary. The Administrator shall submit to the appropriate committees of Congress a report on the implementation of the plan. 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 . 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). Not later than 180 days after the date of enactment of this Act [ May 16, 2024 ], passenger air carriers operating under part 121 of title 14, Code of Federal Regulations, shall issue, in consultation with labor unions representing personnel, a formal policy with respect to sexual assault or harassment incidents. a statement indicating that no sexual assault or harassment incident is acceptable under any circumstance; appropriate public outreach activities; and confidential phone and internet-based opportunities for reporting; procedures that personnel should follow upon the reporting of a sexual assault or harassment incident, including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement, including the Federal Bureau of Investigation, when appropriate; procedures that may limit or prohibit, to the extent practicable, future travel with the air carrier by any passenger who commits a sexual assault or harassment incident; and training that is required for all appropriate personnel with respect to each such policy, including specific training for personnel who may receive reports of sexual assault or harassment incidents. An air carrier described in subsection (a) shall display, on the website of the air carrier and through the use of appropriate signage, a written statement that informs passengers and personnel of the procedure for reporting a sexual assault or harassment incident. Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the air carrier described in subsection (a) has acted with any requisite standard of care. Nothing in this section shall be construed as granting the Secretary [of Transportation] any additional authorities beyond ensuring that a passenger air carrier operating under part 121 of title 14, Code of Federal Regulations issues a formal policy and displays required information in compliance with this section. Nothing in this section shall be construed to alter existing authorities of the Equal Employment Opportunity Commission, the Department of Labor, or the Department of Justice to enforce applicable employment and sexual assault and sexual harassment laws. The term ‘personnel’ means an employee or contractor of passenger air carrier operating under part 121 of title 14, Code of Federal Regulations. The term ‘sexual assault’ means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. constitutes sexual assault or sexual harassment; and by a passenger or personnel against another passenger or personnel; and within an aircraft or in an area in which passengers are entering or exiting an aircraft.” Not later than 6 months after the date of enactment of this Act [ May 16, 2024 ], the Administrator [of the Federal Aviation Administration] shall convene an aviation rulemaking committee to review and develop findings and recommendations to require installation of a secondary cockpit barrier on commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations, that are not captured under another regulation or proposed regulation. mainline air carriers; regional air carriers; aircraft manufacturers; passenger aircraft pilots represented by a labor group; flight attendants represented by a labor group; airline passengers; and other stakeholders the Administrator determines appropriate. minimum dimension requirements for secondary barriers on all aircraft types operated under part 121 of title 14, Code of Federal Regulations; secondary barrier performance standards manufacturers and air carriers must meet for such aircraft types; the availability of certified secondary barriers suitable for use on such aircraft types; the development, certification, testing, manufacturing, installation, and training for secondary barriers for such aircraft types; flight duration and stage length; the location of lavatories on such aircraft as related to operational complexities; operational complexities; any risks to safely evacuate passengers of such aircraft; and other considerations the Administrator determines appropriate. if applicable, any dissenting positions on the findings and the rationale for each position; and any disagreements with the recommendations, including the rationale for each disagreement and the reasons for the disagreement. Not later than 36 months after the date of the submission of the report under subsection (d), the Administrator shall, taking into consideration the final reported findings and recommendations of the aviation rulemaking committee, issue a final rule requiring installation of a secondary cockpit barrier on each commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations.” This section may be cited as the ‘Saracini Aviation Safety Act of 2018’. Not later than 1 year after the date of the enactment of this Act [ Oct. 5, 2018 ], the Administrator of the Federal Aviation Administration shall issue an order requiring installation of a secondary cockpit barrier on each new aircraft that is manufactured for delivery to a passenger air carrier in the United States operating under the provisions of part 121 of title 14, Code of Federal Regulations.” review current practices, protocols and requirements of air carriers in responding to allegations of sexual misconduct by passengers onboard aircraft, including training, reporting and data collection; and provide recommendations on training, reporting and data collection regarding allegations of sexual misconduct occurring on passenger airline flights that are informed by the review of information described in paragraph (1) and subsection (c)(5) on passengers who have experienced sexual misconduct onboard aircraft. [the] Department of Transportation; [the] Department of Justice, including the Federal Bureau of Investigation, Office of Victims for Crimes [sic], and the Office on Violence Against Women; National organizations that specialize in providing services to sexual assault victims; labor organizations that represent flight attendants; labor organizations that represent pilots; airports; air carriers; State and local law enforcement agencies; and such other Federal agencies and stakeholder organizations as the Secretary of Transportation considers appropriate. issue recommendations for addressing allegations of sexual misconduct by passengers onboard aircraft, including airline employee and contractor training; issue recommendations on effective ways for passengers involved in incidents of alleged sexual misconduct to report such allegation of sexual misconduct; issue recommendations on how to most effectively provide data on instances of alleged sexual misconduct onboard aircraft and to whom the data collected should be reported in a manner that protects the privacy and confidentiality of individuals involved in incidents of alleged sexual misconduct and precludes the release of data that publically identifies an individual air carrier to enable better understanding of the frequency and severity of such misconduct; issue recommendations for flight attendants, pilots, and other appropriate airline personnel on law enforcement notification in incidents of alleged sexual misconduct; review and utilize first-hand accounts from passengers who have experienced sexual misconduct onboard aircraft; and other matters deemed necessary by the Task Force. Not later than 1 year after the date of enactment of this Act [ Oct. 5, 2018 ], the Task Force shall submit a report with its recommendations and findings developed pursuant to subsection (c) to the Secretary of Transportation. Not later than 180 days after receiving the report required under subsection (d)[,] the Secretary of Transportation, in coordination with relevant federal agencies, shall submit to [the] appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a plan to address the recommendations in the report required under subsection (d). The Secretary of Transportation shall make changes to guidance, policies and regulations, as necessary, within 1 year of submitting the plan required in this subsection. Not later than 1 year after submitting the plan required in this subsection [probably means “subsection (e)”], the Secretary of Transportation may issue regulations as deemed necessary to require each air carrier and other covered entity to develop a policy concerning sexual misconduct in accordance with the recommendations and findings of the Task Force under subsection (c). The Task Force established pursuant to subsection (a) shall terminate upon the submission of the report pursuant to subsection (d). Not later than two years after the date of the enactment of this Act [ Oct. 5, 2018 ], the Attorney General, in coordination with relevant Federal agencies, shall establish a streamlined process, based on the plan required under section 339A(e) of this Act, for individuals involved in incidents of alleged sexual misconduct onboard aircraft to report such allegations of sexual misconduct to law enforcement in a manner that protects the privacy and confidentiality of individuals involved in such allegations. the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice; the Federal Bureau of Investigation; and the Department of Transportation.” Not later than 90 days after the date of enactment of this Act [ Oct. 5, 2018 ], each air carrier operating under part 121 of title 14, Code of Federal Regulations (in this section referred to as a ‘part 121 air carrier’), shall submit to the Administrator [of the Federal Aviation Administration] for review and acceptance an Employee Assault Prevention and Response Plan related to the customer service agents of the air carrier and that is developed in consultation with the labor union representing such agents. Reporting protocols for air carrier customer service agents who have been the victim of a verbal or physical assault. Protocols for the immediate notification of law enforcement after an incident of verbal or physical assault committed against an air carrier customer service agent. Protocols for informing Federal law enforcement with respect to violations of section 46503 of title 49 , United States Code. Protocols for ensuring that a passenger involved in a violent incident with a customer service agent of an air carrier is not allowed to move through airport security or board an aircraft until appropriate law enforcement has had an opportunity to assess the incident and take appropriate action. Protocols for air carriers to inform passengers of Federal laws protecting Federal, airport, and air carrier employees who have security duties within an airport. A part 121 air carrier shall conduct initial and recurrent training for all employees, including management, of the air carrier with respect to the plan required under subsection (a), which shall include training on de-escalating hostile situations, written protocols on dealing with hostile situations, and the reporting of relevant incidents. complete a study of crimes of violence (as defined in section 16 of title 18 , United States Code) committed against airline customer service representatives while they are performing their duties and on airport property; and submit the findings of the study, including any recommendations, to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives]. The study required under subsection (d) shall include a gap analysis to determine if State and local laws and resources are adequate to deter or otherwise address the crimes of violence described in subsection (a) and recommendations on how to address any identified gaps. Not later than 90 days after the date of enactment of this subsection [ May 16, 2024 ], the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section.” shall conduct a review to determine whether the TSA [Transportation Security Administration] is the most appropriate component within the Department [of Homeland Security] to administer the Transportation Security Laboratory; and may direct the TSA to administer the Transportation Security Laboratory if the review under paragraph (1) identifies the TSA as the most appropriate component. The Secretary shall periodically review the screening technology test and evaluation process conducted at the Transportation Security Laboratory to improve the coordination, collaboration, and communication between the Transportation Security Laboratory and the TSA to identify factors contributing to acquisition inefficiencies, develop strategies to reduce acquisition inefficiencies, facilitate more expeditious initiation and completion of testing, and identify how laboratory practices can better support acquisition decisions. The Secretary shall report the findings of each review under this section to the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives].” Not later than 90 days after the date of enactment of this Act [ Oct. 5, 2018 ], the Administrator [of the Transportation Security Administration] shall establish a pilot program to implement and evaluate the use of automated exit lane technology at small hub airports and nonhub airports (as those terms are defined in section 40102 of title 49 , United States Code). The Administrator shall carry out the pilot program in partnership with the applicable airport directors. The Federal share of the cost of the pilot program under this section shall not exceed 85 percent of the total cost of the program. There is authorized to be appropriated to carry out the pilot program under this section $15,000,000 for each of fiscal years 2019 through 2021. the extent of airport participation in the pilot program and how the program was implemented; the results of the pilot program and any reported benefits, including the impact on security and any cost-related efficiencies realized by TSA [Transportation Security Administration] or at the participating airports; and the feasibility of expanding the pilot program to additional airports, including to medium and large hub airports.” Not later than 180 days after the date of enactment of this Act [ Oct. 5, 2018 ], the Administrator shall consult with air carriers, foreign air carriers, airport operators, and labor unions representing credentialed employees to enhance security awareness of credentialed airport populations regarding insider threats to aviation security and best practices related to airport access controls. Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with air carriers, foreign air carriers, airport operators, and labor unions representing credentialed employees, shall assess credentialing standards, policies, and practices, including implementation of relevant credentialing updates required under the FAA Extension, Safety, and Security Act of 2016 ( Public Law 114–190 ; 130 Stat. 615 ) [see Tables for classification], to ensure that insider threats to aviation security are adequately addressed. Not later than 60 days after the date of enactment of this Act, the Administrator shall revise the application submitted by an individual applying for a credential granting access to the Secure Identification Area of an airport to require the social security number of such individual in order to strengthen security vetting effectiveness. An applicant who does not provide such applicant’s social security number may be denied such a credential. The Administrator shall issue requirements for an airport operator to include in each application for access to a Security Identification Display Area notification to the applicant that an employee holding a credential granting access to a Security Identification Display Area may be screened at any time while gaining access to, working in, or leaving a Security Identification Display Area. The Administrator shall consult with airport operators and airline operators to identify advanced technologies, including biometric identification technologies, that could be used for securing employee access to the secured areas and sterile areas of airports. Not later than 180 days after the date of enactment of this Act, the Administrator shall identify and submit to the appropriate committees of Congress the number of credentialed aviation worker populations at airports that are continuously vetted through the Federal Bureau of Investigation’s Rap Back Service, consistent with section 3405(b)(2) of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 44901 note). Not later than 180 days after the date of enactment of this Act, the Administrator shall identify means of enhancing the TSA’s ability to leverage the resources of the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) to educate Administration personnel on insider threats to aviation security and how the TSA can better mitigate such insider threats. Consistent with the FAA Extension, Safety, and Security Act of 2016 ( Public Law 114–190 ; 130 Stat. 615 ), the Administrator shall ensure that TSA-led, random employee physical inspection efforts of aviation workers are targeted, strategic, and focused on providing the greatest level of security effectiveness. Consistent with the FAA Extension, Safety, and Security Act of 2016 ( Public Law 114–190 ; 130 Stat. 615 ), the Administrator shall continue to conduct covert testing of TSA-led employee inspection operations at airports and measure existing levels of security effectiveness. the airport operator for the airport that is the subject of any such testing; and as appropriate, to air carriers and foreign air carriers that operate at the airport that is the subject of such testing; and recommendations and technical assistance for air carriers, foreign air carriers, and airport operators to conduct their own employee inspections, as needed. The Administrator shall for each of fiscal years 2019 through 2021, submit to the appropriate committees of Congress a report on the frequency, methodology, strategy, and effectiveness of employee inspection operations at airports. has had an airport-issued badge revoked for failure to comply with aviation security requirements; or has had an aircraft operator-issued badge revoked for failure to comply with aviation security requirements; to submit to the Administration data regarding an individual described in subparagraph (A); and to access the database; and establish a process to allow an individual whose name is mistakenly entered into the database to correct the record and have the individual’s name expunged from the database. a violation of a security requirement; or a determination that the individual poses a threat to aviation security.” to increase the presence of law enforcement officers in the public areas of airports, including baggage claim, ticket counters, and nearby roads; to increase the presence of law enforcement officers at screening checkpoints; to reduce the response times of law enforcement officers during security incidents; and to provide visible deterrents to potential terrorists. In carrying out subsection (a), the Administrator shall use the authority provided to the Administrator under section 114(m) of title 49 , United States Code, that is the same authority as is provided to the Administrator of the Federal Aviation Administration under section 106(m) of that title. The Administrator shall review the regulations and compliance policies related to the Law Enforcement Officer Reimbursement Program and, if necessary, revise such regulations and policies to reduce any administrative burdens on applicants or recipients of such awards. There is authorized to be appropriated to carry out section 44901(h) of title 49 , United States Code, $55,000,000 for each of fiscal years 2019 through 2021.” not later than 180 days after the date of enactment of this Act [ Oct. 5, 2018 ], update the Transportation Sector Security Risk Assessment (referred to in this section as the ‘TSSRA’); and update with the most currently available intelligence information the Comprehensive Risk Assessment of Perimeter and Access Control Security (referred to in this section as the ‘Risk Assessment of Airport Security’); establish a regular schedule for periodic updates to the Risk Assessment of Airport Security; and conduct a system-wide assessment of airport access control points and airport perimeter security. include updates reflected in the TSSRA and Joint Vulnerability Assessment findings; reflect changes to the risk environment relating to airport access control points and airport perimeters; use security event data for specific analysis of system-wide trends related to airport access control points and airport perimeter security to better inform risk management decisions; and consider the unique geography of and current best practices used by airports to mitigate potential vulnerabilities. the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives]; relevant Federal departments and agencies; and airport operators. Not later than 90 days after the date of enactment of this Act, the Administrator shall update the 2012 National Strategy for Airport Perimeter and Access Control Security (referred to in this section as the ‘National Strategy’). information from the Risk Assessment of Airport Security; and airport security-related activities; the status of TSA [Transportation Security Administration] efforts to address the objectives of the National Strategy; each activity described in clause (i); and each objective described in clause (ii); and input from airport operators. Not later than 90 days after the date the update to the National Strategy is complete, the Administrator shall establish a regular schedule for determining if and when additional updates to the strategy under paragraph (1) are necessary.” is a citizen of the United States or alien lawfully admitted for permanent residence; has filed the inquiry with DHS TRIP after receiving enhanced screening at an airport passenger security checkpoint more than 3 times in any 60-day period; and believes the individual has been wrongly identified as being a threat to aviation security. Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] on the implementation of the redress process required under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Administrator shall review and update the Privacy Impact Assessment for the Secure Flight programs to ensure the assessment accurately reflects the operation of such programs. publish the Secure Flight Privacy Impact Assessment review and update required under paragraph (1) on a publicly-accessible internet webpage of the TSA [Transportation Security Administration]; and submit the Secure Flight Privacy Impact Assessment review and update to the appropriate committees of Congress. Not later than 60 days after the date of enactment of this Act, and every 120 days thereafter, the Assistant Administrator of the Office of Intelligence and Analysis of the TSA, in coordination with the entities specified in paragraph (3), shall identify and review the screening rules established by the Office of Intelligence and Analysis of [the] TSA. Not later than 2 days after the date that any change to a rule identified under paragraph (1) is made, the Assistant Administrator of the Office of Intelligence and Analysis of the TSA shall notify the entities specified in paragraph (3) of the change. The Office of Civil Rights and Liberties, Ombudsman, and Traveler Engagement of the TSA. The Office of Civil Rights and Liberties of the Department [of Homeland Security]. The Office of Chief Counsel of the TSA. The Office of General Counsel of the Department. The Privacy Office of the Administration. The Privacy Office of the Department. The Federal Air Marshal Service. The Traveler Redress Inquiry Program of the Department. The Administrator shall ensure that the rules identified in subsection (c) are taken into account for Federal Air Marshal mission scheduling. Not later than 180 days after the date of enactment of this Act [ Oct. 5, 2018 ], the Administrator shall submit to the appropriate committees of Congress a report on whether, and if so how, the rules identified in subsection (c) are incorporated in the risk analysis conducted during the Federal Air Marshal mission scheduling process. whether the rules are effective in mitigating potential threats to aviation security; and whether, and if so how, the TSA coordinates with the Department regarding any proposed change to a rule; and submit to the appropriate committees of Congress a report on the findings under paragraph (1), including any recommendations.” This section may be cited as the ‘Securing General Aviation and Charter Air Carrier Service Act’. the reasons for the delay in deploying the system; and a detailed schedule of actions necessary for the deployment of the system. Subject to the provisions of this subsection, the Administrator may provide screening services to a charter air carrier in an area other than the primary passenger terminal of an applicable airport. A request for screening services under paragraph (1) shall be made at such time, in such form, and in such manner as the Administrator may require, except that the request shall be made to the Federal Security Director for the applicable airport at which the screening services are requested. A Federal Security Director may provide requested screening services under this section if the Federal Security Director determines such screening services are available. No screening services may be provided under this section unless a charter air carrier agrees in writing to compensate the TSA for all reasonable costs, including overtime, of providing the screening services. Notwithstanding section 3302 of title 31 , United States Code, payment received under subparagraph (A) shall be credited to the account that was used to cover the cost of providing the screening services. Amounts so credited shall be merged with amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account. is not a commercial service airport; and is receiving screening services for scheduled passenger aircraft. The term ‘charter air carrier’ has the meaning given the term in section 40102 of title 49 , United States Code. The term ‘screening services’ means the screening of passengers and property similar to the screening of passengers and property described in section 44901 of title 49 , United States Code. The recommendation regarding general aviation access to Ronald Reagan Washington National Airport, as adopted on February 17, 2015 . The recommendation regarding the vetting of persons seeking flight training in the United States, as adopted on July 28, 2016 . Any other such recommendations relevant to the security of general aviation adopted before the date of the enactment of this Act. The Administrator may designate 1 or more full-time employees of the TSA to liaise with, and respond to issues raised by, general aviation stakeholders. Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the ASAC, shall submit to the appropriate committees of Congress a report on the feasibility of requiring a security threat assessment before an individual could obtain training from a private flight school to operate an aircraft having a maximum certificated takeoff weight of more than 12,500 pounds.” Not later than 90 days after the date of enactment of this Act [ Oct. 5, 2018 ], the Administrator [of the Transportation Security Administration], in consultation with the Administrator of the Federal Aviation Administration, shall complete a detailed threat assessment to identify any safety or security risks associated with unauthorized access to the flight decks on commercial aircraft and any appropriate measures that should be taken based on the risks. The Administrator, in coordination with the Administrator of the Federal Aviation Administration, shall 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.” Not later than 1 year after the date of enactment of this Act [ Oct. 5, 2018 ], the Administrator [of the Federal Aviation Administration] shall initiate a review of the comprehensive and strategic framework of principles and policies (referred to in this section as the ‘framework’) developed pursuant to section 2111 of the FAA Extension, Safety, and Security Act of 2016 [ Pub. L. 114–190 ] ( 49 U.S.C. 44903 note) [set out below]. assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system; review existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system; and assess the [Federal Aviation] Administration’s level of engagement and coordination with aviation stakeholders and other appropriate agencies, organizations, or groups with which the Administration consults to carry out the framework. Upon completion of the review under subsection (a), the Administrator shall modify the framework, as appropriate, to address any deficiencies identified by the review. Not later than 180 days after initiating the review required by subsection (a), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the results of the review, including a description of any modifications made to the framework.” Not later than 240 days after the date of enactment of this Act [ July 15, 2016 ], the Administrator of the Federal Aviation Administration shall facilitate and support the development of a comprehensive and strategic framework of principles and policies to reduce cybersecurity risks to the national airspace system, civil aviation, and agency information systems using a total systems approach that takes into consideration the interactions and interdependence of different components of aircraft systems and the national airspace system. the modernization of the national airspace system; the automation of aircraft, equipment, and technology; and to assess cybersecurity risks to aircraft systems; to review the extent to which existing rulemaking, policy, and guidance to promote safety also promote aircraft systems information security protection; and to provide appropriate recommendations to the Administrator if separate or additional rulemaking, policy, or guidance is needed to address cybersecurity risks to aircraft systems; and cybersecurity risks associated with in-flight entertainment systems; and whether in-flight entertainment systems can and should be isolated and separate, such as through an air gap, under existing rulemaking, policy, and guidance; clarify cybersecurity roles and responsibilities of offices and employees of the Federal Aviation Administration, as the roles and responsibilities relate to cybersecurity at the Federal Aviation Administration; identify and implement objectives and actions to reduce cybersecurity risks to air traffic control information systems, including actions to improve implementation of information security standards, such as those of the National Institute of Standards and Technology; support voluntary efforts by industry, RTCA, Inc., and other standards-setting organizations to develop and identify consensus standards and best practices relating to guidance on aviation systems information security protection, consistent, to the extent appropriate, with the cybersecurity risk management activities described in section 2(e) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(e) ); establish guidelines for the voluntary exchange of information between and among aviation stakeholders pertaining to aviation-related cybersecurity incidents, threats, and vulnerabilities; identify short- and long-term objectives and actions that can be taken in response to cybersecurity risks to the national airspace system; and identify research and development activities to inform actions in response to cybersecurity risks. coordinate with aviation stakeholders, including, at a minimum, representatives of industry, airlines, manufacturers, airports, RTCA, Inc., and unions; consult with the heads of relevant agencies and with international regulatory authorities; if determined appropriate, convene an expert panel or working group to identify and address cybersecurity risks; and evaluate, on a periodic basis, the effectiveness of the principles established under this subsection. Not later than 90 days after the date of enactment of this Act [ July 15, 2016 ], the Administrator shall provide to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] an update on progress made toward the implementation of this section. Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Director of the National Institute of Standards and Technology, shall implement the open recommendation issued in 2015 by the Government Accountability Office to assess and research the potential cost and timetable of developing and maintaining an agencywide threat model, which shall be updated regularly, to strengthen the cybersecurity of agency systems across the Federal Aviation Administration. The Administrator shall brief the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status, results, and composition of the threat model. a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology’s latest revisions to information security guidance for Federal Aviation Administration information and Federal Aviation Administration information systems within set timeframes; and an explanation of why any such revisions are not incorporated in the plan or are not incorporated within set timeframes. any proposal for research and development cooperation with international partners; an evaluation and determination of research and development needs to determine any cybersecurity risks of cabin communications and cabin information technology systems on board in the passenger domain; and objectives, proposed tasks, milestones, and a 5-year budgetary profile.” “This Act may be cited as the ‘Gerardo Hernandez Airport Security Act of 2015’. The term ‘Assistant Secretary’ means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security. The term ‘Administration’ means the Transportation Security Administration. The Assistant Secretary shall, in consultation with other Federal agencies as appropriate, conduct outreach to all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities. A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response. A schedule for regular testing of communications equipment used to receive emergency calls. An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner. A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport. To the extent practicable, a projected maximum timeframe for law enforcement response to active shooters, acts of terrorism, and incidents that target passenger security-screening checkpoints. A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel. A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities. A strategy, where feasible, for providing airport law enforcement with access to airport security video surveillance systems at category X airports where those systems were purchased and installed using Administration funds. Not later than 180 days after the date of the enactment of this Act [ Sept. 24, 2015 ], the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to airports under subsection (a), including an analysis of the level of preparedness such airports have to respond to security incidents, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. identify best practices that exist across airports for security incident planning, management, and training; and establish a mechanism through which to share such best practices with other airport operators nationwide. “Not later than 90 days after the date of enactment of this Act [ Sept. 24, 2015 ], and annually thereafter, the Assistant Secretary shall certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios. “Not later than 90 days after the enactment of this Act [ Sept. 24, 2015 ], the Assistant Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. The Assistant Secretary shall, in consultation with the Secretary of Transportation, and other relevant agencies, conduct outreach to all passenger transportation agencies and providers with high-risk facilities, as identified by the Assistant Secretary, to verify such agencies and providers have in place plans to respond to active shooters, acts of terrorism, or other security-related incidents that target passengers. A strategy for evacuating and providing care to individuals, with consideration given to the needs of persons with disabilities. A plan for establishing a unified command. A plan for frontline employees to receive active shooter training. A schedule for regular testing of communications equipment used to receive emergency calls. An evaluation of how emergency calls placed by individuals using the transportation system will reach police in an expeditious manner. A practiced method and plan to communicate with individuals using the transportation system. Not later than 180 days after the date of enactment of this Act [ Sept. 24, 2015 ], the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to the agencies and providers under subsection (a), including an analysis of the level of preparedness such transportation systems have to respond to security incidents. The Assistant Secretary shall identify best practices for security incident planning, management, and training and establish a mechanism through which to share such practices with passenger transportation agencies nationwide. “No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose. Not later than 90 days after the date of enactment of this Act [ Sept. 24, 2015 ], the Assistant Secretary shall, in consultation with the Assistant Secretary of the Office of Cybersecurity and Communications, conduct a review of the interoperable communications capabilities of the law enforcement, fire, and medical personnel responsible for responding to a security incident, including active shooter events, acts of terrorism, and incidents that target passenger-screening checkpoints, at all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures. Not later than 30 days after the completion of the review, the Assistant Secretary shall report the findings of the review to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.” describes the system to be utilized by the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic selectee and no-fly lists, utilizing appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; provides a projected timeline for each phase of testing and implementation of the system; explains how the system will be integrated with the prescreening system for passengers on international flights; and describes how the system complies with section 552a of title 5 , United States Code. describes the progress made by the Transportation Security Administration in implementing the secure flight passenger pre-screening program; describes the effectiveness of the current appeals process for passengers wrongly assigned to the no-fly and terrorist watch lists; describes the Transportation Security Administration’s plan to protect private passenger information and progress made in integrating the system with the pre-screening program for international flights operated by United States Customs and Border Protection; provides a realistic determination of when the system will be completed; and includes any other relevant observations or recommendations the Comptroller General deems appropriate.” The Administrator of the Transportation Security Administration shall conduct a pilot program at not more than 2 airports to identify technologies to improve security at airport exit lanes. utilize different technologies that protect the integrity of the airport exit lanes from unauthorized entry; work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the exits are not colocated with a screening checkpoint; and ensure the level of security is at or above the level of existing security at the airport or airports where the pilot program is conducted. the airport or airports selected to participate in the pilot program; the technologies to be tested; the potential savings from implementing the technologies at selected airport exits; the types of configurations expected to be deployed at such airports; and the expected financial contribution from each airport. the changes in security procedures and technologies deployed; the estimated cost savings at the airport or airports that participated in the pilot program; and the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United States. the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Appropriations of the Senate; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Homeland Security of the House of Representatives; and the Committee on Appropriations of the House of Representatives. This section shall be executed using existing funds.” Not later than 180 days after the date of enactment of this Act [ Aug. 3, 2007 ], the Administrator of the Transportation Security Administration, after consultation with airline, airport, and flight crew representatives, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Administration’s efforts to institute a sterile area access system or method that will enhance security by properly identifying authorized airline flight deck and cabin crew members at screening checkpoints and granting them expedited access through screening checkpoints. The Administrator shall include in the report recommendations on the feasibility of implementing the system for the domestic aviation industry beginning 1 year after the date on which the report is submitted. The Administrator shall begin implementation of the system or method referred to in subsection (a) not later than 1 year after the date on which the Administrator submits the report under subsection (a).” a procedure is established enabling airline passengers, who are delayed or prohibited from boarding a flight because CAPPS2 determined that they might pose a security threat, to appeal such determination and correct information contained in CAPPS2; the error rate of the Government and private data bases that will be used to both establish identity and assign a risk level to a passenger under CAPPS2 will not produce a large number of false positives that will result in a significant number of passengers being mistaken as a security threat; the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and has demonstrated that CAPPS2 can make an accurate predictive assessment of those passengers who would constitute a security threat; the Secretary of Homeland Security has established an internal oversight board to oversee and monitor the manner in which CAPPS2 is being implemented; the Under Secretary has built in sufficient operational safeguards to reduce the opportunities for abuse; substantial security measures are in place to protect CAPPS2 from unauthorized access by hackers or other intruders; the Under Secretary has adopted policies establishing effective oversight of the use and operation of the system; and there are no specific privacy concerns with the technological architecture of the system. Not later than 90 days after the date on which certification is provided under subsection (a), the Comptroller General shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science and Transportation of the Senate that assesses the impact of CAPPS2 on the issues listed in subsection (a) and on privacy and civil liberties. The report shall include any recommendations for practices, procedures, regulations, or legislation to eliminate or minimize adverse effect of CAPPS2 on privacy, discrimination, and other civil liberties.” the screening of catering supplies; and checking documents at security checkpoints.” prohibiting access to the flight deck of aircraft engaged in passenger air transportation or intrastate air transportation that are required to have a door between the passenger and pilot compartments under title 14, Code of Federal Regulations, except to authorized persons; requiring the strengthening of the flight deck door and locks on any such aircraft operating in air transportation or intrastate air transportation that has a rigid door in a bulkhead between the flight deck and the passenger area to ensure that the door cannot be forced open from the passenger compartment; requiring that such flight deck doors remain locked while any such aircraft is in flight except when necessary to permit access and egress by authorized persons; and prohibiting the possession of a key to any such flight deck door by any member of the flight crew who is not assigned to the flight deck; and take such other action, including modification of safety and security procedures and flight deck redesign, as may be necessary to ensure the safety and security of the aircraft. to use video monitors or other devices to alert pilots in the flight deck to activity in the cabin, except that the use of such monitors or devices shall be subject to nondisclosure requirements applicable to cockpit video recordings under section 1114(c) [of title 49]; to ensure continuous operation of an aircraft transponder in the event of an emergency; and to revise the procedures by which cabin crews of aircraft can notify flight deck crews of security breaches and other emergencies, including providing for the installation of switches or other devices or methods in an aircraft cabin to enable flight crews to discreetly notify the pilots in the case of a security breach occurring in the cabin. The Administrator shall investigate means of securing the flight deck of scheduled passenger aircraft operating in air transportation or intrastate air transportation that do not have a rigid fixed door with a lock between the passenger compartment and the flight deck and issue such an order as the Administrator deems appropriate to ensure the inaccessibility, to the greatest extent feasible, of the flight deck while the aircraft is so operating, taking into consideration such aircraft operating in regions where there is minimal threat to aviation security or national security.” provide technical support to airports, each of which had less than 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available, to enhance security operations; and provide financial assistance to those airports to defray the costs of enhancing security. If the operator of an airport described in paragraph (1), after consultation with the appropriate State and local law enforcement authorities, determines that safeguards are in place to sufficiently protect public safety, and so certifies in writing to the Under Secretary, then any security rule, order, or other directive restricting the parking of passenger vehicles shall not apply at that airport after the applicable time period specified in subparagraph (B), unless the Under Secretary, taking into account individual airport circumstances, notifies the airport operator that the safeguards in place do not adequately respond to specific security risks and that the restriction must be continued in order to ensure public safety. 15 days for a nonhub airport (as defined in section 41714(h) of title 49 , United States Code); 30 days for a small hub airport (as defined in such section); 60 days for a medium hub airport (as defined in such section); and 120 days for an airport that had at least 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available.” There is authorized to be appropriated to the Secretary of Transportation for fiscal years 2002 and 2003 a total of $1,500,000,000 to reimburse airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers for direct costs incurred by such operators to comply with new, additional, or revised security requirements imposed on such operators by the Federal Aviation Administration or Transportation Security Administration on or after September 11, 2001 . Such sums shall remain available until expended. the cost is eligible for reimbursement under subsection (a); and the cost was incurred by the airport operator, on-airport parking lot, or vendor of on-airfield direct services to air carriers. Within 30 days after the date of enactment of this Act [ Nov. 19, 2001 ], the Secretary, after consultation with airport operators, on-airport parking lots, and vendors of on-airfield direct services to air carriers, shall publish in the Federal Register the procedures for filing claims for reimbursement under this section of eligible costs incurred by airport operators.” correct physical security weaknesses at air traffic control facilities so the facilities can be granted physical security accreditation not later than April 30, 2004 ; and ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities. Not later than April 30, 2001 , and annually thereafter through April 30, 2004 , the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress being made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation.” The term ‘aircraft’ has the meaning given that term in section 40102 of title 49 , United States Code. The term ‘air transportation’ has the meaning given that term in such section. The term ‘program’ means the program established under subsection (b)(1)(A). establish a program under which the Attorney General may deputize State and local law enforcement officers having jurisdiction over airports and airport authorities as Deputy United States Marshals for the limited purpose of enforcing Federal laws that regulate security on board aircraft, including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation; and encourage the participation of law enforcement officers of State and local governments in the program. the United States Government (including the Administrator [of the Federal Aviation Administration] or a designated representative of the Administrator); and State and local governments in any geographic area in which the program may operate. meet the minimum background and training requirements for a law enforcement officer under part 107 of title 14, Code of Federal Regulations (or equivalent requirements established by the Attorney General); and receive approval to participate in the program from the State or local law enforcement agency that is the employer of that law enforcement officer. The United States Government shall not be responsible for providing to a State or local law enforcement officer the training required to meet the training requirements under subparagraph (A)(i). Nothing in this subsection may be construed to grant any such law enforcement officer the right to attend any institution of the United States Government established to provide training to law enforcement officers of the United States Government. Subject to paragraph (2), a State or local law enforcement officer that is deputized as a Deputy United States Marshal under the program may arrest and apprehend an individual suspected of violating any Federal law described in subsection (b)(1)(A), including any individual who violates a provision subject to a civil penalty under section 46301 of title 49 , United States Code, or section 46302, 46303, 46318, 46504, 46505, or 46507 of that title, or who commits an act described in section 46506 of that title. The powers granted to a State or local law enforcement officer deputized under the program shall be limited to enforcing Federal laws relating to security on board aircraft in flight. be considered to be an employee of the United States Government; or receive compensation from the United States Government by reason of service as a Deputy United States Marshal under the program. grant a State or local law enforcement officer that is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or limit the authority that a State or local law enforcement officer may otherwise exercise in the officer’s capacity under any other applicable State or Federal law. The Attorney General may promulgate such regulations as may be necessary to carry out this section. Not later than 90 days after the date of the enactment of this Act [ Apr. 5, 2000 ], the Attorney General shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on whether or not the Attorney General intends to establish the program authorized by this section.”