109th CONGRESS
1st Session
H. R. 4439
To establish an Airport Screening Organization in the Transportation
Security Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
December 6, 2005
Mr. DANIEL E. LUNGREN of California (for himself, Mr. ROGERS of Alabama,
Mr. MCCAUL of Texas, Mr. REICHERT, and Ms. HARRIS) introduced the following
bill; which was referred to the Committee on Homeland Security
A BILL
To establish an Airport Screening Organization in the Transportation
Security Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Transportation Security Administration Reorganization
Act of 2005'.
TITLE I--TSA MANAGEMENT REFORM
SEC. 101. AIRPORT SCREENING ORGANIZATION.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding
at the end the following:
`TITLE XVIII--TRANSPORTATION SECURITY ADMINISTRATION
`SEC. 1801. AIRPORT SCREENING ORGANIZATION.
`(a) Establishment- There is established in the Transportation Security
Administration an organization to be known as the `Airport Screening Organization'.
`(b) Mission- The Airport Screening Organization shall seek to improve the
delivery of Federal security screening services for passenger air transportation
by increasing efficiency, taking better advantage of new technologies, reducing
unit costs, and responding more effectively to the needs of the traveling
public, while enhancing aviation security.
`(c) Chief Operating Officer-
`(1) APPOINTMENT- The head of the Airport Screening Organization shall
be the Chief Operating Officer. The Chief Operating Officer shall be appointed
by the Assistant Secretary for Homeland Security (Transportation Security
Administration). The Chief Operating Officer shall report directly to
the Assistant Secretary and be subject to the authority of the Assistant
Secretary.
`(2) COMPENSATION- The annual rate of basic pay of the Chief Operating
Officer shall be set by the Assistant Secretary in accordance with the
personnel management system established under section 114(n) of title
49, United States Code.
`(3) BONUS- In addition to the annual rate of basic pay established under
paragraph (2), the Chief Operating Officer may receive a bonus for any
calendar year based on the Assistant Secretary's evaluation of the Chief
Operating Officer's performance in relation to the goals set forth in
the agreement described in subsection (d).
`(d) Annual Performance Agreement- The Chief Operating Officer shall enter
into an annual performance agreement with the Assistant Secretary that sets
forth measurable organization and individual goals for the Chief Operating
Officer in key operational areas and describes specific targets and how
the goals will be achieved. The agreement shall be subject to review and
renegotiation on an annual basis.
`(1) IN GENERAL- The responsibilities of the Assistant Secretary to provide
for the day-to-day Federal security screening operations for passenger
air transportation, as specified in section 114(e)(1) of title 49, United
States Code, shall be carried out by the Assistant Secretary acting through
the Chief Operating Officer.
`(2) LIMITATIONS- The responsibilities of the Chief Operating Officer
shall be limited to operational activities and shall not include any regulatory
or oversight function.
`(f) Strategic Plan- The Chief Operating Officer shall develop a 5-year
strategic plan for Federal security screening operations for passenger air
transportation, including a clear statement of the mission and objectives
for the system's effectiveness, efficiency, and productivity and measurable
organization-wide performance goals.
`(g) Elements of Airport Screening Organization-
`(1) IN GENERAL- The Airport Screening Organization shall be composed
of those elements of the Transportation Security Administration that have
a direct connection with or give support to the provision of the day-to-day
Federal security screening operations for passenger air transportation,
as determined by the Assistant Secretary.
`(2) FRAMEWORK AGREEMENT- The Chief Operating Officer shall enter into
an agreement with the Assistant Secretary that establishes the relationship
of the Airport Screening Organization with the other organizations of
the Transportation Security Administration.
`(h) Performance Goals- The Chief Operating Officer shall--
`(1) optimize use of existing management flexibilities and authorities
to improve the efficiency of Federal security screening operations for
passenger air transportation and increase the capacity of the system;
`(2) instill accountability for achieving performance goals at all levels
of management;
`(3) develop methods to accelerate advancement and deployment of technologies
and equipment to improve security, reduce passenger inconvenience, and
reduce costs related to Federal security screening operations for passenger
air transportation;
`(4) develop agreements with the Assistant Secretary and users of the
products, services, and capabilities that the Airport Screening Organization
will provide;
`(5) consult with customers and the traveling public (including direct
users such as airlines and airports) and focus on producing results that
satisfy the Airport Screening Organization's external customer needs;
`(6) establish strong incentives for managers to achieve results; and
`(7) formulate and recommend to the Assistant Secretary any management,
fiscal, or legislative changes necessary for the Airport Screening Organization
to achieve its performance goals.
`(i) Cost Accounting System-
`(1) DEVELOPMENT- The Chief Operating Officer shall develop a cost accounting
system that adequately and accurately reflects the investments, operating
and overhead costs, revenues, and other financial measurement and reporting
aspects of the operations, functions, and activities of the Airport Screening
Organization.
`(2) ANNUAL REPORT- Not later than 90 days after the date completion of
the cost accounting system under paragraph (1), and by March 1 of every
year thereafter, the Chief Operating Officer shall submit to the Committee
on Homeland Security of the House of Representatives and the Committees
on Commerce, Science, and Transportation and Homeland Security and Governmental
Affairs of the Senate a report on the annual cost of Federal security
screening services for passenger air transportation at each commercial
service airport. The report shall take into consideration existing direct
and indirect costs as determined by the cost accounting system.
`(j) Air Transportation Defined- In this section, the term `air transportation'
has the meaning given that term by section 40102 of title 49, United States
Code, and includes intrastate air transportation.'.
SEC. 102. RISK MANAGEMENT.
The Homeland Security Act of 2002 (6 U.S.C. 101 et sec.) is amended by adding
after section 1801 (as added by section 101 of this Act) the following:
`SEC. 1802. RISK MANAGEMENT SYSTEM.
`(a) In General- The Assistant Secretary for Homeland Security (Transportation
Security Administration) shall develop a risk management system to dynamically
assess and measure potential threats to and from the Nation's transportation
system across all modes of transportation.
`(b) Consultation- The Assistant Secretary shall develop the risk management
system in consultation with State and local government agencies, industry
stakeholders, and other appropriate Federal agencies, including Federal
agencies outside the Department of Homeland Security.
`(c) National Transportation Security Policy- Upon completion of the risk
management system, the Assistant Secretary, to the extent feasible, shall
develop national transportation security policies in a manner consistent
with the system.
`(d) Review of Regulations-
`(1) REVIEW- Not later than 90 days after the date of development of the
risk management system, the Assistant Secretary shall conduct a review
of all regulations issued by the Transportation Security Administration
under interim final rule authority.
`(2) MODIFICATIONS- After completing the review, the Assistant Secretary
shall modify such regulations in a manner consistent with the risk management
system.
`(e) Review of Statutory Requirements-
`(1) REVIEW- Not later than 180 days after the date of development of
the risk management system, the Assistant Secretary shall conduct a review
of chapter 449 of title 49, United States Code, and other provisions of
that title relating to transportation security.
`(2) REPORT- After completing the review, the Assistant Secretary submit
to the Committee on Homeland Security of the House of Representatives
and the Committees on Commerce, Science, and Transportation and Homeland
Security and Governmental Affairs of the Senate a report on the results
of the review, including recommendations for amendment of title 49, United
States Code, in a manner consistent with the risk management system.'.
SEC. 103. TRANSPORTATION SECTOR ADVISORY COUNCILS.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding
after section 1802 (as added by section 102 of this Act) the following:
`SEC. 1803. TRANSPORTATION SECTOR ADVISORY COUNCILS.
`(a) Establishment- Not later than 90 days after the date of enactment of
this section, the Assistant Secretary for Homeland Security (Transportation
Security Administration) shall establish a transportation sector advisory
council for each mode of transportation under the jurisdiction of the Transportation
Security Administration.
`(1) IN GENERAL- An advisory council established under this section for
a transportation mode shall provide advice and counsel to the Assistant
Secretary on issues related to the transportation mode which affect or
are affected by actions of the Assistant Secretary, including actions
relating to management, policy, spending, and regulatory matters, including
interim final rules, under the jurisdiction of the Assistant Secretary.
`(2) REVIEW OF RULEMAKING AND COST-BENEFIT ANALYSIS PROCESSES- The advisory
councils established under this section shall conduct a coordinated review
of the rulemaking and cost-benefit analysis processes of the Transportation
Security Administration and develop recommendations to improve the processes
and ensure that the public interest is fully protected.
`(c) Membership- An advisory council for a transportation mode established
under this section shall be composed of members appointed by the Assistant
Secretary from among experts in the transportation mode, including representatives
of labor and management.
`(d) Comments, Recommendations, and Dissenting Views- An advisory council
established under this section for a transportation mode shall submit to
the Assistant Secretary comments, recommendations, and dissenting views
with respect to actions of the Transportation Security Administration on
matters affecting the transportation mode, including management, policy,
spending, funding, and regulatory matters.
`(e) Submissions- The Assistant Secretary shall include in any submission
to Congress, the Secretary for Homeland Security, or the general public,
and in any submission for publication in the Federal Register, a description
of any comments, recommendations, or dissenting views received from an advisory
council established under this section related to the submission, together
with reasons for any differences between views of the advisory council and
the Assistant Secretary.
`(f) Federal Advisory Committee Act- The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to an advisory council established under
this section.'.
SEC. 104. FUNDING ALLOCATIONS.
(a) Formula- The Assistant Secretary for Homeland Security (Transportation
Security Administration) shall establish a methodology for allocating funds
among airports for operational costs related to the screening of passengers
and baggage under section 44901 of title 49, United States Code. To the
maximum extent practical, the Assistant Secretary shall ensure that the
methodology reflects costs as determined under section 1801(i) of the Homeland
Security Act of 2002.
(b) Hold Harmless- The Assistant Secretary shall ensure that funding is
available for operational costs related to the screening of passengers and
baggage at an airport, as determined under subsection (a), without regard
to whether the operator of the airport is participating in the Federal security
screening partnership program established under section 44920 of title 49,
United States Code.
SEC. 105. NON-SCREENER PERSONNEL.
(a) Report to Congress- Not later than 180 days after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on Homeland
Security of the House of Representatives and the Committees on Commerce,
Science, and Transportation and Homeland Security and Governmental Affairs
of the Senate a report on personnel of the Transportation Security Administration
deployed at commercial service airports not directly related to passenger
and baggage screening.
(b) Contents- The report shall contain--
(1) information on the number of positions at each airport and their functions;
(2) an analysis of the cost of non-screening related activities and the
need for such activities; and
(3) recommendations on which positions, if any, can be eliminated without
degradation of security screening activities.
SEC. 106. PROCUREMENT.
(a) Report to Congress- Not later than 180 days after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on Homeland
Security of the House of Representatives and the Committees on Commerce,
Science, and Transportation and Homeland Security and Governmental Affairs
of the Senate a report on whether the acquisition management system of the
Transportation Security Administration authorized under section 114(o) of
title 49, United States Code, has assisted the Transportation Security Administration
in meeting its overall security mission.
(b) Contents- The report shall contain--
(1) a comparison of the acquisition management system of the Transportation
Security Administration to the Federal Acquisition Regulation; and
(2) recommendations on whether to continue, modify, or eliminate the acquisition
management system of the Transportation Security Administration.
SEC. 107. CONFORMING AMENDMENT.
The table of contents contained in section 1(b) of the Homeland Security
Act of 2002 (116 Stat. 2135) is amended by adding at the end the following:
`TITLE XVIII--TRANSPORTATION SECURITY ADMINISTRATION
`Sec. 1801. Airport Screening Organization.
`Sec. 1802. Risk management system.
`Sec. 1803. Transportation sector advisory councils.
`Sec. 1804. Passenger identification documents.'.
TITLE II--AVIATION SECURITY
SEC. 201. FEDERAL SECURITY SCREENING PARTNERSHIP PROGRAM.
(a) Screening Entities- Section 44920 of title 49, United States Code, is
amended--
(1) in the section heading by striking `Security screening opt-out
program' and inserting `Federal security screening partnership
program';
(2) by striking `private screening company' each place it appears and
insert `screening entity';
(3) by striking `company' each place it appears and inserting `entity';
(4) in the heading for subsection (c) by striking `Private Screening Company'
and inserting `Screening Entity';
(5) in the heading for subsection (d) by striking `Private Screening Companies'
and inserting `Screening Entities';
(6) in subsection (d)(2)--
(A) by striking `private screening companies' and inserting `screening
entities'; and
(B) by inserting `, or the screening entity is a governmental entity
or affiliate' before the period; and
(7) in subsection (f) by striking `the pilot program'.
(b) Program Modifications- Section 44920 of such title is amended by adding
at the end the following:
`(g) Standard Operating Procedures and Requirements for Security Screening-
`(1) DEVELOPMENT AND UPDATING- The Assistant Secretary for Homeland Security
(Transportation Security Administration) shall--
`(A) develop, document, and update, as necessary, minimum standard operating
procedures and requirements for the security screening of passengers
in air transportation and interstate air transportation; and
`(B) conduct safety and hazard analyses of the standard operating procedures
and requirements developed under subparagraph (A).
`(2) SUBMISSION TO SECRETARY- The Assistant Secretary shall submit to
the Secretary of Homeland Security--
`(A) the procedures and requirements developed under paragraph (1)(A),
together with the results of the safety and hazard analysis conducted
under paragraph (1)(B) and any other necessary information; and
`(B) any material update to the procedures and requirements.
`(3) TECHNICAL REVIEW AND APPROVAL- Not later than 60 days after the date
of receipt of the procedures and requirements, or any update thereto,
under paragraph (2), the Secretary shall--
`(A) complete a technical review of the procedures and requirements
or update under sections 862(b) and 863(d)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 441(b); 442(d)(2)); and
`(B) approve or disapprove the procedures and requirements or update.
`(A) ISSUANCE OF CERTIFICATES OF CONFORMANCE- In accordance with section
863(d)(3) of that Act (6 U.S.C. 442(d)(3)), the Secretary shall issue
a certificate of conformance to a screening entity providing screening
services at an airport under this section if the screening entity--
`(i) demonstrates to the satisfaction of the Secretary the ability
to perform in accordance with standard operating procedures and requirements,
and any update thereto, approved by the Secretary under paragraph
(3); and
`(ii) agrees as a condition of its screening services contract--
`(I) to perform in accordance with the such standard operating procedures
and requirements, and any update thereto; and
`(II) maintain liability insurance coverage at policy limits and
in accordance with conditions to be established at the time of contracting
pursuant to section 864 of that Act (6 U.S.C. 443).
`(B) LITIGATION AND RISK MANAGEMENT PROTECTIONS- A screening entity
that receives a certificate of conformance under subparagraph (A) shall
be entitled to all litigation and risk management protections applicable
thereto.
`(C) LIABILITY OF OPERATORS OF AIRPORTS AND OTHER THIRD PARTIES- Liability
protections and defenses available to a screening entity that receives
a certificate of conformance under subparagraph (A) shall extend to
operators of airports and other third parties as provided by section
864 of that Act (6 U.S.C. 443).
`(D) RECIPROCAL WAIVER OF CLAIMS- A reciprocal waiver of claims shall
be deemed to have been entered into between a screening entity that
receives a certificate of conformance under subparagraph (A) and its
contractors, subcontractors, suppliers, vendors and customers, and contractors
and subcontractors of the customers involved in the use or operation
of the screening services of the screening entity.
`(5) INFORMATION FOR ESTABLISHING LIMITS OF LIABILITY INSURANCE- A screening
entity seeking a certificate of conformance under paragraph (4)(A) shall
provide to the Secretary necessary information for establishing the limits
of liability insurance required to be maintained by the entity under section
864(a) of that Act (6 U.S.C. 443(a)).
`(6) APPROVED PRODUCT LIST- If the Secretary issues a certificate of conformance
to a screening entity under paragraph (4)(A), the Secretary shall, upon
the request of the screening entity, place the entity's screening services
on an Approved Product List for Homeland Security as provided by section
863(d)(3) of that Act (6 U.S.C. 442(d)(3)).
`(7) MONITORING- The Assistant Secretary shall regularly monitor and inspect
the operations of a screening entity providing screening services at an
airport under this section to ensure that the entity is meeting the minimum
standard operating procedures and requirements for the security screening
of passengers in air transportation and interstate air transportation
established under paragraph (1) and all other applicable requirements
for screening services under this chapter.
`(1) IN GENERAL- The Assistant Secretary shall develop performance goals
for a screening entity providing screening services at an airport under
this section.
`(2) LEVEL OF SCREENING SERVICES AND PROTECTION- The performance goals
developed under paragraph (1) shall ensure that screening services and
protection provided by a screening entity at an airport under this section
will provide a greater level of protection, and result in a lower unit
cost, than the screening services and protection that would be provided
at the airport by Federal Government personnel under this chapter.
`(3) INCENTIVES- The Assistant Secretary may establish incentives for
screening entities that meet or exceed the performance goals developed
under paragraph (1).
`(i) Daily Operational Decisions- The Assistant Secretary shall not become
involved in the daily operational decisions of a screening entity providing
screening services at an airport under this section, except as required
under subsection (g)(7).
`(j) Investment- The Assistant Secretary, in consultation with the airport
operator, may allow a screening entity providing screening services at an
airport under this section to provide security screening equipment and modifications
to the physical infrastructure of the airport as necessary to improve the
efficiency or effectiveness of the screening operations.
`(k) Share in Savings Program-
`(1) AUTHORITY TO MAKE GRANTS- Subject to the availability of appropriations,
the Secretary shall make a grant to the operator of an airport at which
screening services are being provided under a contract entered into under
this section for a fiscal year in an amount equal to not less than 90
percent of the amount of annual cost savings (if any) realized as a result
of the contract, as compared to the cost for such services when using
Federal Government employees.
`(A) IN GENERAL- The amount of a grant under paragraph (1) shall be
determined by the Assistant Secretary in accordance with the cost accounting
system developed under section 1801(i) of the Homeland Security Act
of 2002.
`(B) CREDIT FOR INVESTMENTS- The Assistant Secretary shall credit toward
the cost savings calculated under paragraph (1) the annual cost savings
in security services achieved as a result of investments made under
subsection (j).
`(3) PERIOD OF ELIGIBILITY-
`(A) FIRST 5 FISCAL YEARS- The Assistant Secretary shall make a grant
to an airport operator under paragraph (1) for each of the first 5 fiscal
years for which the Assistant Secretary calculates an annual cost savings
in security services for the airport under paragraph (1).
`(B) SUBSEQUENT FISCAL YEARS- If the Assistant Secretary makes a grant
to an airport operator under paragraph (1) for 5 fiscal years, the Assistant
Secretary may continue to make grants to the airport operator for a
fiscal year in an amount equal to a portion of the annual cost savings,
as determined by the Assistant Secretary, calculated for the airport
under paragraph (1).
`(4) USE OF GRANTS- An airport operator receiving a grant under this subsection
may use the amounts of the grant for costs associated with aviation security,
including debt service related to airport security enhancements.'.
(c) Conforming Amendments- Section 44920 of such title is amended--
(1) in subsection (e) by striking `provide Federal Government supervisors
to'; and
(2) in subsection (f) by striking `the pilot program' and inserting `,
and revoke a certificate of conformance issued under subsection (g),'.
(d) Chapter Analysis- The analysis for chapter 449 of such title is amended
by striking the item relating to section 44920 and inserting the following:
`44920. Federal security screening partnership program.'.
SEC. 202. DECLARATION ON PROVISION OF SCREENING SERVICES.
(a) In General- Subchapter I of chapter 449 of title 49, United States Code,
is amended by adding at the end the following::
`Sec. 44926. Declaration on provision of screening services
`Not later than March 31 of each year, the operator of each airport subject
to the requirements of section 44901 shall submit to the Assist Secretary
for Homeland Security (Transportation Security Administration) a written
notice on whether the operator intends to submit an application under section
44920 or to continue to allow the use of Federal employees to provided screening
services for passenger air transportation for the subsequent fiscal year.'.
(b) Conforming Amendment- The analysis for such subchapter is amended by
adding at the end the following:
`44926. Declaration on provision of screening services.'.
TITLE III--PASSENGER SCREENING
SEC. 301. PASSENGER IDENTIFICATION DOCUMENTS.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding
after section 1803 (as added by section 102 of this Act) the following:
`SEC. 1804. PASSENGER IDENTIFICATION DOCUMENTS.
`(a) In General- Not later than 180 days after the date of enactment of
this section, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall issue regulations to require a passenger
to present an acceptable personal identification document for inspection
before entering a sterile area of an airport in the United States. Such
inspections shall be carried out by personnel designated by the Assistant
Secretary.
`(b) Acceptable Personal Identification Documents-
`(1) IN GENERAL- In carrying out subsection (a), the Assistant Secretary
shall establish a list of acceptable personal identification documents.
`(2) MINIMUM REQUIREMENTS- The Assistant Secretary may include a personal
identification document on the list to be established under paragraph
(1) only if the document is issued under the authority of the United States
Government, a State, or a foreign government and includes each of the
following:
`(A) The individual's full legal name.
`(B) The individual's date of birth.
`(C) The individual's gender.
`(D) A photograph of the individual.
`(E) The individual's signature.
`(F) Physical security features designed to prevent tampering, counterfeiting,
and duplication of the document for fraudulent purposes.
`(3) DRIVERS' LICENSES AND PERSONAL IDENTIFICATION CARDS- The Assistant
Secretary shall include on the list to be established under paragraph
(1) drivers' licenses and personal identification cards that meet the
requirements of section 202 of the Real ID Act of 2005 (49 U.S.C. 30301
note).
`(c) Procedures and Standards- In carrying out subsection (a), the Assistant
Secretary shall establish--
`(1) procedures to match the name on a personal identification document
with the name on an airline boarding document;
`(2) procedures to match the photograph on a personal identification document
with the passenger presenting the document; and
`(3) standards for training personnel who check personal identification
documents to recognize unacceptable and false identification documents.
`(d) Failure to Present Acceptable Identification Documents- A passenger
attempting to enter a sterile area of an airport in the United States who
does not present an acceptable identification document shall be subject
to such additional security screening as the Assistant Secretary determines
to be appropriate before the passenger may be admitted to the sterile area.
`(e) Knowing Presentation of False Identification Documents; Penalties-
A passenger who knowingly presents a false identification document in an
attempt to enter a sterile area of an airport in the United States shall
be fined under title 18, United States Code, imprisoned for not more than
5 years, or both.
`(f) Definitions- In this section, the following definitions apply:
`(1) FALSE- The term `false' has the meaning given such term by section
1028(d) of title 18, United States Code.
`(2) PASSENGER- The term `passenger' means an individual to be carried
aboard a passenger aircraft to be operated by an air carrier or foreign
air carrier in air transportation or intrastate air transportation (as
such terms are defined in section 40102 of title 49, United States Code).
`(3) STERILE AREA- The term `sterile area' means any part of an airport
that is regularly accessible to passengers after having cleared a passenger
security checkpoint.'.
SEC. 302. IMMEDIATE INTERNATIONAL PASSENGER PRESCREENING PILOT PROGRAM.
(a) Pilot Program- Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall initiate a pilot program
to evaluate the use of automated systems for the immediate prescreening
of passengers on flights in foreign air transportation, as defined by section
40102 of title 49, United States Code, that are bound for the United States.
(b) Requirements- At a minimum, with respect to a passenger on a flight
described in subsection (a) operated by an air carrier or foreign air carrier,
the automated systems evaluated under the pilot program shall--
(1) compare the passenger's information against the integrated and consolidated
terrorist watchlist maintained by the Federal Government and provide the
results of the comparison to the air carrier or foreign air carrier before
the passenger is permitted board the flight;
(2) provide functions similar to the advanced passenger information system
established under section 431 of the Tariff Act of 1930 (19 U.S.C. 1431);
and
(3) make use of machine-readable data elements on passports and other
travel and entry documents in a manner consistent with international standards.
(c) Operation- The pilot program shall be conducted--
(1) in not fewer than 2 foreign airports; and
(2) in collaboration with not fewer than one air carrier at each airport
participating in the pilot program.
(d) Evaluation of Automated Systems- In conducting the pilot program, the
Secretary shall evaluate not more than 3 automated systems. One or more
of such systems shall be commercially available and currently in use to
prescreen passengers.
(e) Privacy Protection- The Secretary shall ensure that the passenger data
is collected under the pilot program in a manner consistent with the standards
established under section 552a of title 5, United States Code.
(f) Duration- The Secretary shall conduct the pilot program for not fewer
than 90 days.
(g) Passenger Defined- In this section, the term `passenger' includes members
of the flight crew.
(h) Report- Not later than 30 days after the date of completion of the pilot
program, the Secretary shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the following:
(1) An assessment of the technical performance of each of the tested systems,
including the system's accuracy, scalability, and effectiveness with respect
to measurable factors, including, at a minimum, passenger throughput,
the rate of flight diversions, and the rate of false negatives and positives.
(2) A description of the provisions of each tested system to protect the
civil liberties and privacy rights of passengers, as well as a description
of the adequacy of an immediate redress or appeals process for passengers
denied authorization to travel.
(3) Cost projections for implementation of each tested system, including--
(A) projected costs to the Department of Homeland Security; and
(B) projected costs of compliance to air carriers operating flights
described in subsection (a).
(4) A determination as to which tested system is the best-performing and
most efficient system to ensure immediate prescreening of international
passengers. Such determination shall be made after consultation with individuals
in the private sector having expertise in airline industry, travel, tourism,
privacy, national security, or computer security issues.
(5) A plan to fully deploy the best-performing and most efficient system
tested by not later than January 1, 2007.
SEC. 303. INTERNATIONAL COOPERATIVE EFFORTS.
To ensure that the collection of passenger information is standardized among
nations, the Secretary of Homeland Security is encouraged to pursue international
cooperative efforts in the appropriate forum to set technology standards
for passenger data and collection systems.
SEC. 304. COMPUTER ASSISTED PASSENGER PRESCREENING SYSTEM.
(a) Report- Not later than 6 months after the date of enactment of this
Act, the Assistant Secretary for Homeland Security (Transportation Security
Administration) shall submit to the Committee on Homeland Security of the
House of Representatives and the Committees on Homeland Security and Governmental
Affairs and Commerce, Science, and Transportation of the Senate a report
containing--
(1) information on the percentage of airline passengers that are designated
for secondary search on a daily basis by the Computer Assisted Passenger
Prescreening System (in this section referred to as `CAPPS');
(2) information on the percentage of such airline passengers that have
been found to be terrorists or associates of terrorists;
(3) information on the annual cost of administering CAPPS; and
(4) an evaluation of whether CAPPS screening should be continued after
the full deployment of the Secure Flight program.
(b) Form of Report- The report prepared under this section may be submitted
in a classified form.
(c) Limitation on Secondary Screening- The Assistant Secretary, in cooperation
with appropriate Federal agencies and the representatives of the aviation
industry, shall develop a process to ensure that a passenger who has successfully
completed a finger-print based background check conducted by the Department
of Homeland Security, or holds a security clearance issued by the Department
of Homeland Security, is not subject to secondary screening as the result
of a designation under CAPPS.
SEC. 305. SECURE FLIGHT PROGRAM.
(a) Non-Federal Data- Not later than 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall begin to use data
obtained from non-Federal sources to instantaneously verify or disprove
the identity of an individual who as a result of implementation of the Secure
Flight program (or any successor program related to advanced passenger prescreening)
is delayed or prohibited from boarding an aircraft or is otherwise determined
to pose a security threat.
(b) Limitation- The Secretary shall not purchase, compile, obtain, or otherwise
possess any data obtained from non-Federal sources to verify or disprove
the identity of an individual under subsection (a), other than data provided
by an individual for the purpose of determining the individual's identity.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. FEDERAL FLIGHT DECK OFFICERS.
(a) Training and Requalification Training- Section 44921(c) of title 49,
United States Code, is amended by adding at the end the following:
`(3) DATES OF TRAINING- The Secretary shall ensure that a pilot who is
eligible to receive Federal flight deck officer training is offered, to
the maximum extent practicable, a choice of training dates and is provided
at least 30 days advance notice of the dates.
`(4) TRAVEL TO TRAINING FACILITIES- The Secretary shall establish a program
to improve travel access to Federal flight deck officer training facilities
through the use of charter flights or improved scheduled air carrier service.
`(5) REQUALIFICATION AND RECURRENT TRAINING-
`(A) STANDARDS- The Secretary shall establish qualification standards
for facilities where Federal flight deck officers can receive requalification
and recurrent training.
`(B) LOCATIONS- The Secretary shall provide for requalification and
recurrent training at geographically diverse facilities, including Federal,
State, and local law enforcement and government facilities, and private
training facilities that meet the qualification standards established
under subparagraph (A).
`(A) IN GENERAL- The Secretary shall provide Federal flight deck officer
training, requalification training, and recurrent training to eligible
pilots at no cost to the pilots or the air carriers that employ the
pilots.
`(B) TRANSPORTATION AND EXPENSES- The Secretary may provide travel expenses
to a pilot receiving Federal flight deck officer training, requalification
training, or recurrent training.
`(7) COMMUNICATIONS- Not later than 180 days after the date of enactment
of this paragraph, the Secretary shall establish a secure means for personnel
of the Transportation Security Administration to communicate with Federal
flight deck officers, and for Federal flight deck officers to communicate
with each other, in support of the mission of such officers. Such means
of communication may include a secure Internet website.'.
(b) Revocation of Deputization of Pilot as Federal Flight Deck Officer-
Section 44921(d)(4) of title 49, United States Code, is amended to read
as follows:
`(A) ORDERS- The Assistant Secretary of Homeland Security (Transportation
Security Administration) may issue, for good cause, an order revoking
the deputization of a Federal flight deck officer under this section.
The order shall include the specific reasons for the revocation.
`(B) HEARINGS- An individual who is adversely affected by an order of
the Assistant Secretary under subparagraph (A) is entitled to a hearing
on the record. When conducting a hearing under this section, the administrative
law judge shall not be bound by findings of fact or interpretations
of laws and regulations of the Assistant Secretary.
`(C) APPEALS- An appeal from a decision of an administrative law judge
as a result of a hearing under subparagraph (B) shall be made to the
Secretary or the Secretary's designee.
`(D) JUDICIAL REVIEW OF A FINAL ORDER- The determination and order of
the Secretary revoking the deputization of a Federal flight deck officer
under this section shall be final and conclusive unless the individual
against whom such an order is issued files an application for judicial
review under subchapter II of chapter 5 of title 5 (popularly known
as the Administrative Procedure Act) within 60 days of entry of such
order in the appropriate United States court of appeals.'.
(c) Federal Flight Deck Officer Firearm Carriage Pilot Program- Section
44921(f) of title 49, United States Code, is amended by adding at the end
the following:
`(A) IN GENERAL- Not later than 90 days after the date of enactment
of this paragraph, the Secretary shall implement a pilot program to
allow pilots participating in the Federal flight deck officer program
to transport their firearms on their persons. The Secretary may prescribe
any training, equipment, or procedures that the Secretary determines
necessary to ensure safety and maximize weapon retention.
`(B) REVIEW- Not later than 1 year after the date of initiation of the
pilot program, the Secretary shall conduct a review of the safety record
of the pilot program and transmit a report on the results of the review
to Congress.
`(C) OPTION- If the Secretary as part of the review under subparagraph
(B) determines that the safety level obtained under the pilot program
is comparable to the safety level determined under existing methods
of pilots carrying firearms on aircraft, the Secretary shall allow all
pilots participating in the Federal flight deck officer program the
option of carrying their firearm on their person subject to such requirements
as the Secretary determines appropriate.'.
(d) Federal Flight Deck Officers on International Flights-
(1) AGREEMENTS WITH FOREIGN GOVERNMENTS- The President is encouraged to
pursue aggressively agreements with foreign governments to allow maximum
deployment of Federal flight deck officers on international flights.
(2) REPORT- Not later than 180 days after the date of enactment of this
Act, the President (or the President's designee) shall submit to Congress
a report on the status of the President's efforts to allow maximum deployment
of Federal flight deck officers on international flights.
(e) References to Under Secretary- Section 44921 of title 49, United States
Code, is amended--
(1) in subsection (a) by striking `Under Secretary of Transportation for
Security' and inserting `Secretary of Homeland Security';
(2) by striking `Under Secretary' each place it appears and inserting
`Secretary'; and
(3) by striking `Under Secretary's' each place it appears and inserting
`Secretary's'.
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