[House Report 117-641]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-641
======================================================================
SECURING AIR TRAVEL ACT
_______
December 14, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 6856]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 6856) to reduce the number of firearms at
Transportation Security Administration passenger screening
checkpoints by directing the Administrator to carry out a range
of activities to inform the public about restrictions regarding
the carrying of firearms in sterile areas of airports and to
strengthen enforcement of such restrictions and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 6
Background and Need for Legislation.............................. 6
Hearings......................................................... 8
Committee Consideration.......................................... 8
Committee Votes.................................................. 9
Committee Oversight Findings..................................... 11
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 11
Federal Mandates Statement....................................... 11
Statement of General Performance Goals and Objectives............ 11
Duplicative Federal Programs..................................... 11
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 11
Advisory Committee Statement..................................... 11
Applicability to Legislative Branch.............................. 11
Section-by-Section Analysis of the Legislation................... 12
Changes in Existing Law Made by the Bill, as Reported............ 15
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Air Travel Act''.
SEC. 2. SIGNAGE.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Signage Regarding Firearms.--
``(1) Checkpoint signage.--Not later than one year after the
date of the enactment of this subsection, the Administrator of
the Transportation Security Administration shall display
uniform signage in passenger screening checkpoints to inform
individuals at such checkpoints of restrictions regarding the
carrying of a firearm in the sterile area of an airport. Such
signage shall include visual elements and a concise description
of the maximum criminal and civil penalties (with relevant
statutory or regulatory citations) for unlawfully carrying a
firearm in the sterile area of an airport.
``(2) Placement.--Signage under paragraph (1) shall be
prominently displayed and located in such a manner that it
would reasonably be expected to be seen by an individual prior
to entering the passenger screening checkpoint.
``(3) Airports with frequent firearm interdictions.--Not
later than one year after the date of the enactment of this
subsection and biennially thereafter, the Administrator of the
Transportation Security Administration shall publish a list of
not fewer than 25 airports at which firearms were most
frequently interdicted at passenger screening checkpoints in
the prior two years. If with respect to any such list there are
fewer than 25 such airports, such list shall include as many of
such airports as are otherwise described in this paragraph.
``(4) Additional enhanced signage for airports with frequent
firearm interdictions.--Not later than 180 days after the date
of the publication of each list required under paragraph (3),
the Administrator of the Transportation Security Administration
shall require each airport included on the list to install
additional enhanced signage at all passenger terminal entrances
to such airports to inform the public and individuals planning
to enter a passenger screening checkpoint of the restrictions
regarding the carrying of a firearm in the sterile area of the
airport and, as applicable, State, local, territorial, or other
jurisdiction-specific restrictions on carrying firearms in the
publicly-accessible areas of the airport. Such additional
enhanced signage shall be consistent for all airports required
to install such additional enhanced signage under this
paragraph, except, as the case may be, for descriptions of such
applicable State, local, territorial, or other jurisdiction-
specific restrictions. The Administrator may permit an airport
to remove such signage if such airport is not included on a
subsequent list.
``(5) Outdated signage.--If any relevant information on
signage installed pursuant to this subsection is rendered
inaccurate due to statutory, regulatory, or other changes, the
Administrator shall ensure such signage is updated in a timely
manner, except this paragraph does not apply in the case of
annual inflation adjustments to civil monetary penalties.
``(6) Definitions.--In this subsection:
``(A) Passenger screening checkpoint.--The term
`passenger screening checkpoint' means the designated
area at each airport located in the United States at
which the Transportation Security Administration, or an
entity authorized by the Administration pursuant to
section 44920, or other comparable authority, provides
for the screening of passengers and carry-on baggage.
``(B) Passenger terminal entrance.--The term
`passenger terminal entrance' means the area at each
airport located in the United States where individuals
arriving to the airport by means other than a flight
first enter the terminal or other comparable enclosure
containing passenger facilities of the airport located
prior to the passenger screening checkpoint.
``(C) Sterile area.--The term `sterile area' has the
meaning given such term in section 1540.5 of title 49,
Code of Federal Regulations.''.
SEC. 3. PUBLIC AWARENESS INITIATIVES.
(a) Campaign.--
(1) In general.--
(A) Implementation.--Not later than 120 days after
the date of the enactment of this Act, the
Administrator of the Transportation Security
Administration shall implement a public awareness
campaign to inform the public of the potential criminal
and civil consequences of carrying a firearm in the
sterile area of an airport that includes actual
examples of the criminal and civil consequences imposed
on individuals who violated such prohibition.
(B) Prohibition.--Actual examples under subparagraph
(A) may not include any personally identifiable
information regarding individuals described in such
subparagraph.
(2) Elements.--The campaign required under paragraph (1)
shall, at a minimum, involve--
(A) the use of Transportation Security Administration
websites, social media channels, press releases, and
other means of external communication;
(B) the production of audiovisual materials to be
distributed via online video sharing platforms;
(C) engagement with external organizations, including
local and national organizations with memberships that
could benefit from information regarding how to
lawfully travel with a firearm in checked baggage or,
in the case of an authorized law enforcement officer,
lawfully enter a sterile area with a firearm;
(D) engagement with press and media, including, to
the extent practicable, local press and media in at
least those cities that host airports identified
biennially pursuant to paragraph (3) of subsection (m)
of section 44901 of title 49, United States Code, as
amended by section 2; and
(E) engagement with transportation stakeholders, such
as taxi services, public transportation systems, online
platforms for ridesharing, air carriers, airport
operators, and law enforcement organizations, regarding
potential partnerships, including the possibility of
integrating into mobile applications and websites used
by passengers to reserve ground transportation to the
airport, check into flights, and perform other travel-
related functions warnings regarding potential criminal
and civil consequences of carrying a firearm into the
sterile area of an airport.
(3) Existing efforts.--The campaign required under paragraph
(1) shall supplement and not supplant any other related
existing campaign.
(b) Targeted Advertising.--
(1) In general.--The Administrator of the Transportation
Security Administration may purchase or otherwise place
advertisements describing the potential criminal and civil
consequences of carrying a firearm in the sterile area of an
airport or on or about one's person or property that would be
accessible in flight, and actual examples of the criminal and
civil consequences faced by individuals who violated such
prohibition, on websites and in publications (or on or in such
other advertising mediums as the Administrator determines
appropriate) that target audiences seeking information
concerning--
(A) firearms or related activities;
(B) travel, tourism, or related matters; and
(C) such other matters the Administrator determines
appropriate.
(2) Prohibition.--Actual examples under paragraph (1) may not
include any personally identifiable information regarding
individuals described in such paragraph.
SEC. 4. FINES.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 44930. Minimum civil monetary penalties for certain firearm-
related violations
``(a) In General.--Not later than 60 days after the date of the
enactment of this section, the Administrator of the Transportation
Security Administration shall establish minimum civil monetary penalty
amounts for repeat or egregious violations of subsection (a) of section
1540.111 of title 49, Code of Federal Regulations, relating to the
carriage of firearms on or in an individual's person or accessible
property into the sterile area of an airport or onboard an aircraft.
``(b) Minimum Civil Monetary Penalties for Repeat Violations.--The
minimum civil monetary penalty amount for a repeat violation of
subsection (a) of section 1540.111 of title 49, Code of Federal
Regulations, involving a firearm shall be--
``(1) in the case of an individual with respect to whom such
a repeat violation occurs within five years of the date of the
final adjudication of a previous such violation--
``(A) $10,000 for any such repeat violation involving
an unloaded firearm; and
``(B) $12,500 for any such repeat violation involving
a loaded firearm or unloaded firearm with accessible
ammunition; and
``(2) in the case of an individual with respect to whom such
a repeat violation occurs more than five years after the date
of the final adjudication of a previous such violation--
``(A) $5,000 for any such repeat violation involving
an unloaded firearm; and
``(B) $10,000 for any such repeat violation involving
a loaded firearm or unloaded firearm with accessible
ammunition.
``(c) Minimum Civil Monetary Penalties for Egregious Violations.--The
minimum civil monetary penalty amount for an intentional or otherwise
egregious violation of subsection (a) of section 1540.111 of title 49,
Code of Federal Regulations, involving a firearm shall be--
``(1) $10,000 for any knowing violation in the case of a
deliberate attempt to conceal such firearm; and
``(2) $5,000 for any violation which the Administrator of the
Transportation Security Administration determines is otherwise
egregious, including if the firearm at issue--
``(A) is known to the Administrator to--
``(i) not contain a serial number when
required by law; or
``(ii) have been manufactured using additive
layer manufacturing (commonly known as `3-D
printing'); or
``(B) is--
``(i) of a nature or type that poses a
greater risk to aviation security than firearms
typically identified at passenger screening
checkpoints; or
``(ii) identified with ammunition that is of
a nature or type that poses a greater risk to
aviation security than ammunition typically
identified at passenger screening checkpoints.
``(d) Special Circumstances.--An individual subject to a minimum
civil monetary penalty amount pursuant to subsection (a) may appeal
such penalty amount or seek a reduction in such penalty amount in the
case of such individual's particular violation, including based on
mitigating factors (including in accordance with subsection (e))
pursuant to procedures provided for in the Transportation Security
Administration's security regulations. The Administrator of the
Transportation Security Administration may, if the Administrator
determines such is appropriate, grant such appeal or reduce such
penalty amount, as the case may be.
``(e) Self-disclosure.--Notwithstanding any other provision of this
section, the Administrator of the Transportation Security
Administration may consider self-disclosure as a mitigating factor when
determining the amount of a civil monetary penalty if an individual, in
good faith, voluntarily discloses a violation of subsection (a) of
section 1540.111 of title 49, Code of Federal Regulations, to the
Transportation Security Administration, an entity authorized to conduct
screening pursuant to section 44920 of title 49, United States Code, a
Government representative, an employee or contractor of an airline or
airport, or other appropriate authority, after the individual is
present for screening at a passenger screening checkpoint but prior to
the detection of such violation. The Administrator shall inform
appropriate Administration passenger screening checkpoint personnel,
entities authorized to conduct screening pursuant to section 44920 of
title 49, United States Code, Government representatives, employees or
contractors of an airline or airport, and other appropriate authorities
regarding appropriate procedures for handling the self-disclosure of
such a violation, including procedures for contacting law enforcement.
``(f) Payment Plans.--The Administrator of the Transportation
Security Administration may provide payment plans for payment of civil
monetary penalty amounts under this section for a violation of
subsection (a) of section 1540.111 of title 49, Code of Federal
Regulations, in the event an individual provides documentation of
hardship.
``(g) Use of Amounts From Civil Monetary Penalties.--The
Administrator shall obligate and expend amounts received from the
imposition of civil monetary penalties under this section for repeat or
egregious violations of subsection (a) of section 1540.111 of title 49,
Code of Federal Regulations, involving a firearm for the acquisition
and deployment of passenger screening checkpoint technology.
``(h) Rule of Construction.--Nothing in this section may be
interpreted as--
``(1) limiting the authority of the Administrator of the
Transportation Security Administration to issue civil monetary
penalty amounts that are greater than those established as
minimum civil monetary penalty amounts pursuant to this
section;
``(2) limiting the authority of the Administrator to
establish minimum civil monetary penalty amounts with respect
to first-time or non-egregious violations of section 1540.111
of title 49, Code of Federal Regulations; or
``(3) instructing the Administrator to establish a minimum
civil monetary penalty amount with respect to violations
involving unloaded replicas of firearms not capable of
discharge.
``(i) Definition.--In this section, the term `passenger screening
checkpoint' means the designated area at each airport located in the
United States at which the Transportation Security Administration, or
an entity authorized by the Administration pursuant to section 44920,
or other comparable authority, provides for the screening of passengers
and carry-on baggage.''.
(b) Clerical Amendment.--The table of sections for chapter 449 of
title 49, United States Code, is amended by inserting after the item
relating to section 44929 the following new item:
``44930. Minimum civil monetary penalties for certain firearm-related
violations.''.
SEC. 5. PRECHECK ELIGIBLITY.
Section 44919 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Ineligibility of Individuals Unlawfully Possessing Firearms in
Restricted Areas.--
``(1) In general.--Any unauthorized individual who possesses
a firearm after the individual is present for screening at a
passenger screening checkpoint shall be ineligible for
expedited security screening and prohibited from participating
in the PreCheck Program for a period of time determined by the
Administrator of the Transportation Security Administration in
the Administrator's sole discretion.
``(2) Request for reconsideration.--The Administrator of the
Transportation Security Administration shall maintain a
procedure through which an individual subject to a period of
ineligibility pursuant to this subsection may petition the
Administrator for a reduction in the duration of such period.
The Administrator may, if the Administrator determines such is
appropriate, reduce such duration. Any such determination shall
be in the Administrator's sole discretion.
``(3) Definition.--In this subsection, the term `passenger
screening checkpoint' means the designated area at each airport
located in the United States at which the Transportation
Security Administration, or an entity authorized by the
Administration pursuant to section 44920, or other comparable
authority, provides for the screening of passengers and carry-
on baggage.''.
SEC. 6. REPORT.
Not later than one year after the date of the enactment of this Act
and biennially thereafter, the Administrator of the Transportation
Security Administration shall submit to the appropriate congressional
committees a report describing the following:
(1) The implementation of the signage requirement under
paragraph (1) of subsection (m) of section 44901 of title 49,
United States Code, and the implementation of the signage
requirement under paragraph (4) of such subsection (including a
copy of the list of airports required to be produced biennially
thereunder), as such section was amended by section 2.
(2) The public awareness activities of the Administration
relating to firearms, including activities conducted pursuant
to section 3.
(3) The number of violations of subsection (a) of section
1540.111 of title 49, Code of Federal Regulations, and any
other incidents involving the unauthorized carriage of a
firearm at a passenger screening checkpoint, including
information regarding which such violations and incidents were
committed by individuals while receiving expedited screening,
during the period of time covered by each such report.
(4) PreCheck Program revocations or denials pursuant to
subsection (m) of section 44919, United States Code, as added
by this Act, during the period of time covered by each such
report.
(5) Any new or evolving threats relating to, or efforts to
enhance, public area security at airports as such pertains to
firearms.
(6) Such other matters relating to firearm-related threats to
transportation security as the Administrator determines
appropriate.
SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.
Not later than two years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
appropriate congressional committees a review of the Transportation
Security Administration's efforts to--
(1) implement the provisions of this Act and the amendments
made by this Act;
(2) deter the carriage of firearms and other dangerous items
at passenger screening checkpoints through means other than
those required by this Act and such amendments; and
(3) enhance public area security at airports against firearm-
related threats.
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Passenger screening checkpoint.--The term ``passenger
screening checkpoint'' means the designated area at each
airport located in the United States at which the
Transportation Security Administration, or an entity authorized
by the Administration pursuant to section 44920 of title 49,
United States Code, or other comparable authority, provides for
the screening of passengers and carry-on baggage.
(3) Sterile area.--The term ``sterile area'' has the meaning
given such term in section 1540.5 of title 49, Code of Federal
Regulations.
Purpose and Summary
H.R. 6856, the ``Securing Air Travel Act,'' seeks to reduce
the number of firearms brought to Transportation Security
Administration (TSA) airport checkpoints by expanding TSA's
signage and public awareness initiatives relating to firearms,
as well as by strengthening and codifying elements of its
enforcement efforts. Specifically, the bill would require TSA
to display uniform signage at all passenger screening
checkpoints to inform individuals of restrictions on carrying
firearms in the sterile areas of airports. Additional such
signage would be required at terminal entrances in the 25
airports with the highest number of firearms interdictions
across the nation. The bill further requires TSA to implement a
public awareness campaign regarding the potential criminal and
civil consequences of carrying a firearm to, or past, a TSA
checkpoint and to advertise the campaign in a targeted manner.
With respect to enforcement, the legislation authorizes
baseline civil penalty amounts for individuals who repeatedly
or egregiously attempt to bring a firearm into the sterile area
of an airport. Such penalties may be appealed and reduced if
the individual can demonstrate mitigating circumstances. The
bill also codifies TSA's longstanding practice of disqualifying
individuals who brought unauthorized firearms to checkpoints
from receiving expedited screening, including through TSA
PreCheck, for a period of time. Finally, H.R. 6856 contains
oversight mechanisms to ensure that the provisions of this Act
are effectively implemented; they include a Government
Accountability Office (GAO) review and biennial reports to
Congress.
Background and Need for Legislation
In 2021, TSA officers detected 5,972 firearms at passenger
screening checkpoints, which was the highest number on record
in TSA's history and nearly six times more than the 1,123
firearms TSA caught in 2010. In 2020, and again in 2021, TSA
interdicted approximately 10 firearms per million passengers
screened--representing a doubling of the interdiction rate just
since 2019, when TSA found approximately 5 firearms per million
passengers. This per capita figure is unprecedented in TSA's
history.
The surge in the number of firearms brought to TSA airport
checkpoints is a significant threat to aviation security and
airport operations. Last year, 86 percent of the firearms
detected by TSA were loaded with ammunition. If a hijacker or
other malign actor were able to evade security screening to
successfully bring a loaded weapon on a plane, the consequences
could be catastrophic and deadly. Even in instances in which
TSA security screening detects a firearm at a checkpoint, the
traveling public and TSA's frontline workforce are placed at
risk. For example, in November 2021, a passenger undergoing
screening at Hartsfield-Jackson Atlanta International Airport
lunged into his bag after a Transportation Security Officer
detected a firearm. The passenger grabbed and accidentally
discharged the firearm, causing flights to be halted and
prompting significant turmoil throughout the airport. Luckily,
the ammunition discharged in the November 2021 incident did not
harm anyone; however, three individuals sustained injuries in
the resulting chaos. State and local law enforcement officials
have expressed great concern about how even routine firearm
catches at TSA checkpoints tax their limited resources at
airports.\1\
---------------------------------------------------------------------------
\1\House Committee on Homeland Security Subcommittee on
Transportation and Maritime Security, Hearing on Concealed Carry-Ons:
Confronting the Surge in Firearms at TSA Checkpoints, Testimony of
Jason D. Wallis, President, Airport Law Enforcement Agencies Network
and Chief of Police, Port of Portland, 117th Cong., 2d sess., (Feb. 15,
2022).
---------------------------------------------------------------------------
Although there are examples of bad actors deliberately
seeking to bring firearms on planes,\2\ most individuals caught
with firearms tell TSA they did not realize they were carrying
a firearm. Under current law, individuals who deliberately
bring a firearm to the checkpoint may face Federal criminal
prosecution. State prosecution depends on the laws of a
particular jurisdiction and whether the firearm was lawfully
possessed. TSA may impose civil monetary penalties upon an
individual bringing a firearm to an airport checkpoint of up to
$13,910 and may restrict access to certain privileges, such as
TSA PreCheck eligibility.
---------------------------------------------------------------------------
\2\For example, see Marnie Hunter, ``Gun hidden in raw chicken
found at Florida TSA checkpoint,'' CNN, (Nov. 10, 2022), available at
https://www.cnn.com/travel/article/tsa-finds-gun-in-chicken/index.html.
---------------------------------------------------------------------------
H.R 6856 seeks to enhance TSA's efforts to provide
individuals with the information and knowledge they need to
avoid such consequences. By requiring TSA and, in certain
cases, airports to install prominent signage warning
individuals about the prohibition on carrying firearms to the
checkpoint, H.R. 6856 is intended to help firearm owners
remember to take their guns out of their carry-on luggage prior
to entering a screening checkpoint. It is also aimed at making
gun owners more familiar with the lawful ways one may travel
with a firearm, including by declaring it to the airline and
shipping it in checked luggage. The public awareness
initiatives authorized in H.R. 6856--including a public
awareness campaign and targeted advertisement effort--seek to
further enhance travelers' knowledge of the existing rules
regarding flying with a weapon and help firearm owners avert
breaching airport security rules and, in turn, prevent
significant airport disruptions.
With respect to the narrow class of individuals who commit
repeat or egregious violations, H.R. 6856 strengthens TSA's
existing practice of assessing elevated civil penalties based
on such circumstances. Specifically, the bill creates baseline
civil penalty amounts for those who deliberately bring a
firearm to a checkpoint, do so on two or more occasions, or are
carrying certain particularly dangerous items, including
illicit untraceable firearms. Notably, these baseline amounts
are less than the maximum $13,910 amount TSA is currently
authorized to assess under statute, and they may be reduced
based upon mitigating factors. Additionally, the proceeds from
such fines will support the acquisition and deployment of
additional detection technology. H.R. 6856 further codifies
TSA's existing practice of denying expedited screening and
PreCheck status for a period of time to those who brought a
firearm to a checkpoint.
Ahead of the Committee's consideration of H.R 6856, the
Committee conducted robust oversight regarding the surge in
firearms at checkpoints that included a February 2022 hearing
entitled ``Concealed Carry-Ons: Confronting the Surge in
Firearms at TSA Checkpoints'' and significant engagement with
TSA, aviation stakeholders, and law enforcement.
Hearings
For the purposes of clause 3(c)(6) of rule XIII of the
Rules of the House of Representatives, the following hearings
were used to develop H.R. 6856:
On February 15, 2022, the Subcommittee on
Transportation and Maritime Security held a hearing
entitled, ``Concealed Carry-Ons: Confronting the Surge
in Firearms at TSA Checkpoints.'' The Subcommittee
received testimony from Balram Bheodari, General
Manager, Hartsfield-Jackson Atlanta International
Airport; Greg Regan, President, Transportation Trades
Department, AFL-CIO; Jason D. Wallis, President,
Airport Law Enforcement Agencies Network and Chief of
Police, Port of Portland; and Ralph Cutie, Director and
Chief Executive Officer, Miami International Airport.
At the hearing, witnesses discussed specific
legislative approaches to address the rising number of
firearms detected at TSA checkpoints, including
measures such as increased signage and strengthened
enforcement that were incorporated into H.R. 6856.
On July 20, 2021, the Subcommittee on
Transportation and Maritime Security held a hearing
entitled, ``Taking to the Skies: Examining TSA's
Strategy for Addressing Increased Summer Travel.'' The
Subcommittee received testimony from Darby LaJoy,
Executive Assistant Administrator for Security
Operations, TSA; and Michael Ondocin, Executive
Assistant Administrator for Law Enforcement, Federal
Air Marshal Service, TSA.
On September 29, 2021, the full Committee
held a hearing entitled, ``20 Years After 9/11: The
State of the Transportation Security Administration.''
The Committee received testimony from the Honorable
David Pekoske, Administrator, TSA; the Honorable Peter
Neffenger, former Administrator, TSA; the Honorable
John Pistole, former Administrator, TSA; and the
Honorable J.M. Loy, former Administrator, TSA.
Administrator Pekoske also cited the surge in firearms
in his testimony during this hearing.
Committee Consideration
The Committee met on March 2, 2022, a quorum being present,
to consider H.R. 6856 and ordered the measure to be favorably
reported to the House, as amended, by a recorded vote of 21-12.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto.
1. An amendment offered by Mr. Higgins failed by a
recorded vote of 14 ayes and 19 noes (Rollcall No. 30).
Committee Record Vote No. 30
Higgins (LA) Amendment to Amendment in the Nature of a Substitute to H.R. 6856
Failed: 14 ayes and 19 noes
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Jackson Lee................................ No Mr. Katko.......................... Aye
Mr. Langevin................................... No Mr. McCaul......................... Aye
Mr. Payne...................................... No Mr. Higgins (LA)................... Aye
Mr. Correa..................................... No Mr. Guest.......................... Aye
Ms. Slotkin.................................... No Mr. Bishop (NC).................... Aye
Mr. Cleaver.................................... No Mr. Van Drew....................... Aye
Mr. Green (TX)................................. No Mr. Norman......................... Aye
Ms. Clarke (NY)................................ No Mrs. Miller-Meeks.................. Aye
Mr. Swalwell................................... No Mrs. Harshbarger................... Aye
Ms. Titus...................................... No Mr. Clyde.......................... Aye
Mrs. Watson Coleman............................ No Mr. Gimenez........................ Aye
Miss Rice (NY)................................. No Mr. LaTurner....................... Aye
Mrs. Demings................................... No Mr. Meijer......................... ............
Ms. Barragan................................... No Mrs. Cammack....................... Aye
Mr. Gottheimer................................. No Mr. Pfluger........................ ............
Mrs. Luria..................................... No Mr. Garbarino...................... Aye
Mr. Malinowski................................. No
Mr. Torres (NY)................................ No
Mr. Thompson (MS), Chairman.................... No
----------------------------------------------------------------------------------------------------------------
2. A motion by Mr. Thompson to favorably report H.R.
6856 to the House, as amended, was agreed to by a
recorded vote of 21 ayes and 12 noes (Rollcall No. 31).
Committee Record Vote No. 31
Thompson (MS) Motion to Favorably Report H.R. 6856, as amended
Agreed to: 21 ayes and 12 noes
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Jackson Lee................................ Aye Mr. Katko.......................... Aye
Mr. Langevin................................... Aye Mr. McCaul......................... No
Mr. Payne...................................... Aye Mr. Higgins (LA)................... No
Mr. Correa..................................... Aye Mr. Guest.......................... No
Ms. Slotkin.................................... Aye Mr. Bishop (NC).................... No
Mr. Cleaver.................................... Aye Mr. Van Drew....................... No
Mr. Green (TX)................................. Aye Mr. Norman......................... No
Ms. Clarke (NY)................................ Aye Mrs. Miller-Meeks.................. No
Mr. Swalwell................................... Aye Mrs. Harshbarger................... No
Ms. Titus...................................... Aye Mr. Clyde.......................... No
Mrs. Watson Coleman............................ Aye Mr. Gimenez........................ Aye
Miss Rice (NY)................................. Aye Mr. LaTurner....................... No
Mrs. Demings................................... Aye Mr. Meijer......................... ............
Ms. Barragan................................... Aye Mrs. Cammack....................... No
Mr. Gottheimer................................. Aye Mr. Pfluger........................ ............
Mrs. Luria..................................... Aye Mr. Garbarino...................... No
Mr. Malinowski................................. Aye
Mr. Torres (NY)................................ Aye
Mr. Thompson (MS), Chairman.................... Aye
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X, are incorporated in the descriptive portions of this
report.
Congressional Budget Office Estimate, New Budget Authority, Entitlement
Authority, and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to the requirements of clause 3(c)(3) of
rule XIII and section 402 of the Congressional Budget Act of
1974, the Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the objective of
H.R. 6856 is to enhance aviation and airport security by
reducing the number of firearms brought to TSA checkpoints,
including by better informing the public about restrictions
regarding carrying firearms at checkpoints and strengthening
enforcement of such restrictions in certain limited
circumstances.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 6856 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI, this bill, as reported,
contains no congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(d), 9(e), or
9(f) of rule XXI.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that H.R. 6856 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section states that the Act may be cited as the
``Securing Air Travel Act''.
Sec. 2. Signage.
This section requires TSA to display uniform signage at
all passenger screening checkpoints nationwide informing
individuals of the restrictions regarding carrying firearms in
the sterile area of an airport. This requirement, which takes
effect 1 year from the date of enactment, also specifies that
such signs must include a concise description of the maximum
criminal penalty and maximum civil penalty an individual may
face for carrying a firearm into the sterile area, as well as
corresponding statutory or regulatory citations. Moreover, such
signs must include a visual element. The Committee anticipates
that such signs could be displayed electronically or non-
electronically. At each airport, such signs must be prominently
displayed and located in such a manner that they would
reasonably be expected to be seen by an individual prior to
entering the checkpoint.
In addition, the bill requires additional signage at the
airports where the surge in firearm interdictions is most
acute. Specifically, TSA is required to publish a biennial list
of not fewer than 25 airports at which firearms were most
frequently caught at checkpoints in the prior 2-year period. In
the unlikely event that firearms were caught at fewer than 25
airports in any given 2-year period, TSA may simply list those
airports at which firearms were interdicted. It is the
Committee's expectation that TSA will identify the 25 airports
with the largest raw numbers of firearms caught, rather than
the 25 airports with the largest numbers of firearms caught per
passengers screened. Upon TSA's publication of this list every
2 years, each airport named on the list shall be required to
install additional signage at each entrance to its terminals
within 180 days, informing the public and individuals planning
to enter a checkpoint of the restrictions regarding carrying
firearms in the sterile area of the airport and, as applicable,
any State, local, territorial, or other jurisdiction-specific
restrictions on carrying firearms in the publicly accessible
areas of the airport. Except to the extent there is varying
jurisdiction-specific information, such signs shall be
consistent in appearance and information nationwide.
Finally, in the case of both types of required signage, any
relevant information on such signage that becomes outdated due
to statutory, regulatory, or other changes must be updated in a
timely manner. This provision, however, does not apply to
annual inflation adjustments to civil monetary penalty amounts.
Sec. 3. Public awareness initiatives.
While the signage provisions of this legislation seek to
ensure travelers already at the airport are aware of the
restrictions on firearms in sterile areas, this section seeks
to provide individuals with such information prior to their
arrival at an airport. Specifically, within 120 days of
enactment, TSA is required to implement a public awareness
campaign to inform the public of the potential criminal and
civil consequences of carrying a firearm in the sterile area of
an airport. The campaign must include actual examples of
criminal and civil consequences imposed on individuals, but
such examples may not include any personally identifiable
information.
The legislation enumerates certain mandatory elements of
this campaign. First, it must include the use of TSA websites,
social media channels, press releases, and other means of
external communication. Second, it must involve the production
of audiovisual content and the distribution of such content on
online video sharing platforms. Third, TSA must engage with
external organizations, including local and national
organizations with memberships that could benefit from
information regarding how to lawfully travel with a firearm in
checked baggage or, in the case of an authorized law
enforcement officer, lawfully enter a sterile area with a
firearm. Fourth, TSA must engage with local press and media to
the extent practicable, including in the cities that host the
25 airports with the highest number of airport firearm
interdictions. Finally, TSA must engage with a variety of
transportation and law enforcement stakeholders regarding
potential partnerships, including with ride-sharing apps and
airlines about the possibility of integrating warnings
regarding checkpoint firearm restrictions into apps and
websites used by passengers to reserve ground transportation to
the airport and check into flights.
TSA's authority to include additional elements in the
public awareness campaign is preserved; TSA is directed to
supplement and not supplant any existing public awareness
efforts regarding firearms. For instance, TSA currently
releases press releases and social media posts regarding
firearm catch statistics and notable firearm interdictions, and
H.R. 6856 envisions the continuation of such efforts.
Finally, this section authorizes the TSA Administrator to
purchase or otherwise place targeted advertisements describing
the potential criminal and civil consequences of carrying a
firearm to a checkpoint. H.R. 6856 specifically envisions such
advertisements appearing on websites and in publications, as
well as other advertisement mediums, that target audiences
seeking information about firearms, travel or tourism, related
matters, or other subjects that TSA determines appropriate. As
is the case with the public awareness campaign, these
advertisements must include actual examples of imposed criminal
and civil consequences but may not include personally
identifiable information.
Sec. 4. Fines.
This section requires the TSA Administrator to establish
minimum civil monetary penalty amounts, which may nonetheless
be reduced under appropriate circumstances, for repeat or
egregious violations of subsection (a) of 49 C.F.R 1540.111--
the Federal regulation prohibiting the carriage of weapons,
explosives, and incendiaries into sterile areas of airports--
that involve a firearm. This provision applies only to a
narrow, specified class of violations and does not apply to
first-time violators accidently bringing ordinary firearms to
checkpoints. Under current practice and authority, TSA
routinely assesses civil penalties for bringing firearms to
checkpoints of up to $13,910.
Under this legislation, in the case of repeat violations,
an individual who brings a firearm to a checkpoint on two or
more occasions within a given 5-year period from the date of
the adjudication of an initial violation shall be assessed at
least $10,000 if the firearm was unloaded or at least $12,500
if the firearm was loaded or accompanied by accessible
ammunition. If the subsequent violation occurred more than five
years from the date of the adjudication of the initial
violation, the penalty shall be at least $5,000 if the firearm
was unloaded and at least $10,000 if the firearm was loaded or
accompanied by accessible ammunition.
The bill explicitly and carefully enumerates circumstances
that render a violation egregious. In the case of knowing
violations involving a deliberate attempt to conceal a firearm,
the violator would be subject to a civil penalty of at least
$10,000. A civil penalty of at least $5,000 applies if the TSA
Administrator determines a violation is otherwise egregious,
including if the firearm unlawfully fails to include a serial
number or was manufactured using additive-layer manufacturing.
The penalty of at least $5,000 also applies if the TSA
Administrator determines a firearm, or ammunition identified
alongside a firearm, was of a nature or type that poses a
greater risk to aviation security than those typically caught
at checkpoints. This language is in keeping with the
Administrator's existing statutory authority to exercise
discretion in assessing firearm-related penalties of up to
$13,910 depending on the nature of the violation.
Critically, this section also contains extensive
protections to ensure individuals subject to TSA penalties are
afforded due process and an opportunity for individualized
consideration of their circumstances. An individual subject to
minimum penalty may appeal such penalty or seek a reduction in
the amount of such penalty, including a reduction to an amount
that is less than the minimum. Such requests shall be granted
as the TSA Administrator determines appropriate, including by
taking into account the existing mitigating factors provided
for under TSA's security regulations. The TSA Administrator may
also provide for payment plans. Additionally, the bill exempts
from the minimum civil penalties any individual who self-
discloses a firearm violation to the TSA, a Screening
Partnership Program participant, a government representative,
an employee or contractor of an airline or airport, or other
appropriate authority after the individual is present for
screening but prior to the detection of the firearm. The bill
also requires the TSA Administrator to inform relevant
personnel of the appropriate procedures for handling the self-
disclosure of such a violation, including procedures for
contacting law enforcement.
The bill also enhances TSA's ability to detect firearms at
checkpoints by requiring that the TSA Administrator obligate
and expend amounts received from the imposition of civil
monetary penalties under this section for repeat or egregious
firearm offenses on the acquisition and deployment of passenger
screening checkpoint technology.
Finally, this section contains multiple rules of
construction to ensure its provisions are interpreted
consistent with their intent, including to ensure certain
firearm replicas are not treated as firearms for purposes of
the minimum civil penalties described above.
Sec. 5. PreCheck eligibility.
This section codifies TSA's existing practice of
disqualifying any unauthorized individual who possesses a
firearm at a checkpoint from expedited security screening,
including through the TSA PreCheck program, for a period of
time. The length of such period of ineligibility or prohibition
shall be determined by the TSA Administrator in his or her sole
discretion. This section further provides that an individual
subject to such a period of ineligibility or prohibition may
petition the TSA Administrator for a reduction in the duration
of such period. Consistent with the discretionary nature of
expedited screening and PreCheck program eligibility, in all
cases, the approval or denial of any such request for
reconsideration shall be in the TSA Administrator's sole
discretion.
Sec. 6. Report.
This section requires TSA to submit to the House Committee
on Homeland Security and the Senate Commerce, Science, and
Transportation Committee reports regarding the implementation
of this legislation and the threat of firearms at airports. The
first report is due within 1 year of the date of enactment, and
subsequent reports are due biennially thereafter. Specific
matters required to be contained in these reports include
information regarding the implementation of this legislation's
signage requirements (including the biennial list of the top 25
airports for firearms interdictions), a description of TSA's
firearm-related public awareness initiatives, statistics
regarding the number of firearms interdictions (including
specific information on such interdictions that involved
individuals receiving expedited screening), statistics
regarding firearms-related PreCheck program revocations or
denials, and any new or evolving threats related to firearms in
public area security at airports.
Sec. 7. Government Accountability Office review.
This section requires GAO to submit to the House Committee
on Homeland Security and the Senate Commerce, Science, and
Transportation Committee a review of TSA's implementation of
this legislation, efforts to reduce the carriage of firearms at
checkpoints through other means, and efforts to enhance public
area security at airports. Such review must be submitted to
Congress not later than 2 years from the date of enactment.
Sec. 8. Definitions.
The final section of the legislation defines the terms
``appropriate congressional committees,'' ``passenger screening
checkpoint,'' and ``sterile area.''
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 449--SECURITY
SUBCHAPTER I--REQUIREMENTS
Sec.
44901. Screening passengers and property.
* * * * * * *
44930. Minimum civil monetary penalties for certain firearm-related
violations.
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
Sec. 44901. Screening passengers and property
(a) In General.--The Administrator of the Transportation
Security Administration shall provide for the screening of all
passengers and property, including United States mail, cargo,
carry-on and checked baggage, and other articles, that will be
carried aboard a passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation. In the case of flights and flight segments
originating in the United States, the screening shall take
place before boarding and shall be carried out by a Federal
Government employee (as defined in section 2105 of title 5),
except as otherwise provided in section 44920 and except for
identifying passengers and baggage for screening under the
CAPPS and known shipper programs and conducting positive bag-
match programs.
(b) Supervision of Screening.--All screening of passengers
and property at airports in the United States where screening
is required under this section shall be supervised by uniformed
Federal personnel of the Transportation Security Administration
who shall have the power to order the dismissal of any
individual performing such screening.
(c) Checked Baggage.--A system must be in operation to screen
all checked baggage at all airports in the United States as
soon as practicable.
(d) Explosives Detection Systems.--
(1) In general.--The Administrator of the
Transportation Security Administration shall take all
necessary action to ensure that--
(A) explosives detection systems are deployed
as soon as possible to ensure that all United
States airports described in section 44903(c)
have sufficient explosives detection systems to
screen all checked baggage, and that as soon as
such systems are in place at an airport, all
checked baggage at the airport is screened by
those systems; and
(B) all systems deployed under subparagraph
(A) are fully utilized; and
(C) if explosives detection equipment at an
airport is unavailable, all checked baggage is
screened by an alternative means.
(2) Preclearance airports.--
(A) In general.--For a flight or flight
segment originating at an airport outside the
United States and traveling to the United
States with respect to which checked baggage
has been screened in accordance with an
aviation security preclearance agreement
between the United States and the country in
which such airport is located, the
Administrator of the Transportation Security
Administration may, in coordination with U.S.
Customs and Border Protection, determine
whether such baggage must be re-screened in the
United States by an explosives detection system
before such baggage continues on any additional
flight or flight segment.
(B) Aviation security preclearance agreement
defined.--In this paragraph, the term
``aviation security preclearance agreement''
means an agreement that delineates and
implements security standards and protocols
that are determined by the Administrator of the
Transportation Security Administration, in
coordination with U.S. Customs and Border
Protection, to be comparable to those of the
United States and therefore sufficiently
effective to enable passengers to deplane into
sterile areas of airports in the United States.
(C) Rescreening requirement.--If the
Administrator of the Transportation Security
Administration determines that the government
of a foreign country has not maintained
security standards and protocols comparable to
those of the United States at airports at which
preclearance operations have been established
in accordance with this paragraph, the
Administrator shall ensure that Transportation
Security Administration personnel rescreen
passengers arriving from such airports and
their property in the United States before such
passengers are permitted into sterile areas of
airports in the United States.
(D) Report.--The Administrator of the
Transportation Security Administration shall
submit to the Committee on Homeland Security of
the House of Representatives, the Committee on
Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security
and Governmental Affairs of the Senate an
annual report on the re-screening of baggage
under this paragraph. Each such report shall
include the following for the year covered by
the report:
(i) A list of airports outside the
United States from which a flight or
flight segment traveled to the United
States for which the Administrator
determined, in accordance with the
authority under subparagraph (A), that
checked baggage was not required to be
re-screened in the United States by an
explosives detection system before such
baggage continued on an additional
flight or flight segment.
(ii) The amount of Federal savings
generated from the exercise of such
authority.
(e) Mandatory Screening Where EDS Not Yet Available.--As soon
as practicable and until the requirements of subsection
(b)(1)(A) are met, the Administrator of the Transportation
Security Administration shall require alternative means for
screening any piece of checked baggage that is not screened by
an explosives detection system. Such alternative means may
include 1 or more of the following:
(1) A bag-match program that ensures that no checked
baggage is placed aboard an aircraft unless the
passenger who checked the baggage is aboard the
aircraft.
(2) Manual search.
(3) Search by canine explosives detection units in
combination with other means.
(4) Other means or technology approved by the
Administrator.
(f) Cargo Deadline.--A system must be in operation to screen,
inspect, or otherwise ensure the security of all cargo that is
to be transported in all-cargo aircraft in air transportation
and intrastate air transportation as soon as practicable.
(g) Air Cargo on Passenger Aircraft.--
(1) In general.--The Secretary of Homeland Security
shall establish a system to screen 100 percent of cargo
transported on passenger aircraft operated by an air
carrier or foreign air carrier in air transportation or
intrastate air transportation to ensure the security of
all such passenger aircraft carrying cargo.
(2) Minimum standards.--The system referred to in
paragraph (1) shall require, at a minimum, that
equipment, technology, procedures, personnel, or other
methods approved by the Administrator of the
Transportation Security Administration, are used to
screen cargo carried on passenger aircraft described in
paragraph (1) to provide a level of security
commensurate with the level of security for the
screening of passenger checked baggage.
(3) Regulations.--The Secretary of Homeland Security
shall issue a final rule as a permanent regulation to
implement this subsection in accordance with the
provisions of chapter 5 of title 5.
(4) Screening defined.--In this subsection the term
``screening'' means a physical examination or non-
intrusive methods of assessing whether cargo poses a
threat to transportation security. Methods of screening
include x-ray systems, explosives detection systems,
explosives trace detection, explosives detection canine
teams certified by the Transportation Security
Administration, or a physical search together with
manifest verification. The Administrator may approve
additional methods to ensure that the cargo does not
pose a threat to transportation security and to assist
in meeting the requirements of this subsection. Such
additional cargo screening methods shall not include
solely performing a review of information about the
contents of cargo or verifying the identity of a
shipper of the cargo that is not performed in
conjunction with other security methods authorized
under this subsection, including whether a known
shipper is registered in the known shipper database.
Such additional cargo screening methods may include a
program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and
alternative screening methods pursuant to exemptions
referred to in subsection (b) of section 1602 of the
Implementing Recommendations of the 9/11 Commission Act
of 2007.
(h) Deployment of Armed Personnel.--
(1) In general.--The Administrator of the
Transportation Security Administration shall order the
deployment of law enforcement personnel authorized to
carry firearms at each airport security screening
location to ensure passenger safety and national
security.
(2) Minimum requirements.--Except at airports
required to enter into agreements under subsection (c),
the Administrator of the Transportation Security
Administration shall order the deployment of at least 1
law enforcement officer at each airport security
screening location. At the 100 largest airports in the
United States, in terms of annual passenger
enplanements for the most recent calendar year for
which data are available, the Administrator shall order
the deployment of additional law enforcement personnel
at airport security screening locations if the
Administrator determines that the additional deployment
is necessary to ensure passenger safety and national
security.
(i) Exemptions and Advising Congress on Regulations.--The
Administrator of the Transportation Security Administration--
(1) may exempt from this section air transportation
operations, except scheduled passenger operations of an
air carrier providing air transportation under a
certificate issued under section 41102 of this title or
a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be
prescribed under this section at least 30 days before
the effective date of the regulation, unless the
Administrator decides an emergency exists requiring the
regulation to become effective in fewer than 30 days
and notifies Congress of that decision.
(j) Blast-Resistant Cargo Containers.--
(1) In general.--The Administrator of the
Transportation Security Administration shall--
(A) evaluate the results of the blast-
resistant cargo container pilot program that
was initiated before August 3, 2007; and
(B) prepare and distribute through the
Aviation Security Advisory Committee to the
appropriate Committees of Congress and air
carriers a report on that evaluation which may
contain nonclassified and classified sections.
(2) Acquisition, maintenance, and replacement.--Upon
completion and consistent with the results of the
evaluation that paragraph (1)(A) requires, the
Administrator shall--
(A) develop and implement a program, as the
Administrator determines appropriate, to
acquire, maintain, and replace blast-resistant
cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo
containers to air carriers pursuant to
paragraph (3).
(3) Distribution to air carriers.--The Administrator
shall make available, beginning not later than July 1,
2008, blast-resistant cargo containers to air carriers
for use on a risk managed basis as determined by the
Administrator.
(k) General Aviation Airport Security Program.--
(1) In general.--The Administrator of the
Transportation Security Administration shall--
(A) develop a standardized threat and
vulnerability assessment program for general
aviation airports (as defined in section
47134(m)); and
(B) implement a program to perform such
assessments on a risk-managed basis at general
aviation airports.
(2) Grant program.--The Administrator shall initiate
and complete a study of the feasibility of a program,
based on a risk-managed approach, to provide grants to
operators of general aviation airports (as defined in
section 47134(m)) 1 for projects to upgrade
security at such airports. If the Administrator
determines that such a program is feasible, the
Administrator shall establish such a program.
(3) Application to general aviation aircraft.--The
Administrator shall develop a risk-based system under
which--
(A) general aviation aircraft, as identified
by the Administrator, in coordination with the
Administrator of the Federal Aviation
Administration, are required to submit
passenger information and advance notification
requirements for United States Customs and
Border Protection before entering United States
airspace; and
(B) such information is checked against
appropriate databases.
(4) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of
the Transportation Security Administration such sums as
may be necessary to carry out paragraphs (2) and (3).
(l) Limitations on Use of Advanced Imaging Technology for
Screening Passengers.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Advanced imaging technology.--The term
``advanced imaging technology''--
(i) means a device used in the
screening of passengers that creates a
visual image of an individual showing
the surface of the skin and revealing
other objects on the body; and
(ii) may include devices using
backscatter x-rays or millimeter waves
and devices referred to as ``whole-body
imaging technology'' or ``body scanning
machines''.
(B) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' means--
(i) the Committee on Commerce,
Science, and Transportation and the
Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Homeland
Security of the House of
Representatives.
(C) Automatic target recognition software.--
The term ``automatic target recognition
software'' means software installed on an
advanced imaging technology that produces a
generic image of the individual being screened
that is the same as the images produced for all
other screened individuals.
(2) Use of advanced imaging technology.--The
Administrator of the Transportation Security
Administration shall ensure that any advanced imaging
technology used for the screening of passengers under
this section--
(A) is equipped with and employs automatic
target recognition software; and
(B) complies with such other requirements as
the Administrator determines necessary to
address privacy considerations.
(3) Extension.--
(A) In general.--The Administrator of the
Transportation Security Administration may
extend the deadline specified in paragraph (2),
if the Administrator determines that--
(i) an advanced imaging technology
equipped with automatic target
recognition software is not
substantially as effective at screening
passengers as an advanced imaging
technology without such software; or
(ii) additional testing of such
software is necessary.
(B) Duration of extensions.--The
Administrator of the Transportation Security
Administration may issue one or more extensions
under subparagraph (A). The duration of each
extension may not exceed one year.
(4) Reports.--
(A) In general.--Not later than 60 days after
the date on which the Administrator of the
Transportation Security Administration issues
any extension under paragraph (3), the
Administrator shall submit to the appropriate
congressional committees a report on the
implementation of this subsection.
(B) Elements.--A report submitted under
subparagraph (A) shall include the following:
(i) A description of all matters the
Administrator of the Transportation
Security Administration considers
relevant to the implementation of the
requirements of this subsection.
(ii) The status of compliance by the
Transportation Security Administration
with such requirements.
(iii) If the Administration is not in
full compliance with such
requirements--
(I) the reasons for the
noncompliance; and
(II) a timeline depicting
when the Administrator of the
Transportation Security
Administration expects the
Administration to achieve full
compliance.
(C) Security classification.--To the greatest
extent practicable, a report prepared under
subparagraph (A) shall be submitted in an
unclassified format. If necessary, the report
may include a classified annex.
(m) Signage Regarding Firearms.--
(1) Checkpoint signage.--Not later than one year
after the date of the enactment of this subsection, the
Administrator of the Transportation Security
Administration shall display uniform signage in
passenger screening checkpoints to inform individuals
at such checkpoints of restrictions regarding the
carrying of a firearm in the sterile area of an
airport. Such signage shall include visual elements and
a concise description of the maximum criminal and civil
penalties (with relevant statutory or regulatory
citations) for unlawfully carrying a firearm in the
sterile area of an airport.
(2) Placement.--Signage under paragraph (1) shall be
prominently displayed and located in such a manner that
it would reasonably be expected to be seen by an
individual prior to entering the passenger screening
checkpoint.
(3) Airports with frequent firearm interdictions.--
Not later than one year after the date of the enactment
of this subsection and biennially thereafter, the
Administrator of the Transportation Security
Administration shall publish a list of not fewer than
25 airports at which firearms were most frequently
interdicted at passenger screening checkpoints in the
prior two years. If with respect to any such list there
are fewer than 25 such airports, such list shall
include as many of such airports as are otherwise
described in this paragraph.
(4) Additional enhanced signage for airports with
frequent firearm interdictions.--Not later than 180
days after the date of the publication of each list
required under paragraph (3), the Administrator of the
Transportation Security Administration shall require
each airport included on the list to install additional
enhanced signage at all passenger terminal entrances to
such airports to inform the public and individuals
planning to enter a passenger screening checkpoint of
the restrictions regarding the carrying of a firearm in
the sterile area of the airport and, as applicable,
State, local, territorial, or other jurisdiction-
specific restrictions on carrying firearms in the
publicly-accessible areas of the airport. Such
additional enhanced signage shall be consistent for all
airports required to install such additional enhanced
signage under this paragraph, except, as the case may
be, for descriptions of such applicable State, local,
territorial, or other jurisdiction-specific
restrictions. The Administrator may permit an airport
to remove such signage if such airport is not included
on a subsequent list.
(5) Outdated signage.--If any relevant information on
signage installed pursuant to this subsection is
rendered inaccurate due to statutory, regulatory, or
other changes, the Administrator shall ensure such
signage is updated in a timely manner, except this
paragraph does not apply in the case of annual
inflation adjustments to civil monetary penalties.
(6) Definitions.--In this subsection:
(A) Passenger screening checkpoint.--The term
``passenger screening checkpoint'' means the
designated area at each airport located in the
United States at which the Transportation
Security Administration, or an entity
authorized by the Administration pursuant to
section 44920, or other comparable authority,
provides for the screening of passengers and
carry-on baggage.
(B) Passenger terminal entrance.--The term
``passenger terminal entrance'' means the area
at each airport located in the United States
where individuals arriving to the airport by
means other than a flight first enter the
terminal or other comparable enclosure
containing passenger facilities of the airport
located prior to the passenger screening
checkpoint.
(C) Sterile area.--The term ``sterile area''
has the meaning given such term in section
1540.5 of title 49, Code of Federal
Regulations.
* * * * * * *
Sec. 44919. PreCheck Program
(a) In General.--The Administrator of the Transportation
Security Administration shall continue to administer the
PreCheck Program in accordance with section 109(a)(3) of the
Aviation and Transportation Security Act (49 U.S.C. 114 note).
(b) Expansion.--Not later than 180 days after the date of
enactment of the TSA Modernization Act, the Administrator shall
enter into an agreement, using other transaction authority
under section 114(m) of this title, with at least 2 private
sector entities to increase the methods and capabilities
available for the public to enroll in the PreCheck Program.
(c) Minimum Capability Requirements.--At least 1 agreement
under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile
enrollment capability.
(2) Vetting of an applicant by means other than
biometrics, such as a risk assessment, if--
(A) such means--
(i) are evaluated and certified by
the Secretary of Homeland Security;
(ii) meet the definition of a
qualified anti-terrorism technology
under section 865 of the Homeland
Security Act of 2002 (6 U.S.C. 444);
and
(iii) are determined by the
Administrator to provide a risk
assessment that is as effective as a
fingerprint-based criminal history
records check conducted through the
Federal Bureau of Investigation with
respect to identifying individuals who
are not qualified to participate in the
PreCheck Program due to disqualifying
criminal history; and
(B) with regard to private sector risk
assessments, the Secretary has certified that
reasonable procedures are in place with regard
to the accuracy, relevancy, and proper
utilization of information employed in such
risk assessments.
(d) Additional Capability Requirements.--At least 1 agreement
under subsection (b) shall include the following capabilities:
(1) Start-to-finish secure online or mobile
enrollment capability.
(2) Vetting of an applicant by means of biometrics if
the collection--
(A) is comparable with the appropriate and
applicable standards developed by the National
Institute of Standards and Technology;
(B) protects privacy and data security,
including that any personally identifiable
information is collected, retained, used, and
shared in a manner consistent with section 552a
of title 5, United States Code (commonly known
as ``Privacy Act of 1974''), and with agency
regulations;
(C) is evaluated and certified by the
Secretary of Homeland Security; and
(D) is determined by the Administrator to
provide a risk assessment that is as effective
as a fingerprint-based criminal history records
check conducted through the Federal Bureau of
Investigation with respect to identifying
individuals who are not qualified to
participate in the PreCheck Program due to
disqualifying criminal history.
(e) Target Enrollment.--Subject to subsections (b), (c), and
(d), the Administrator shall take actions to expand the total
number of individuals enrolled in the PreCheck Program as
follows:
(1) 7,000,000 passengers before October 1, 2019.
(2) 10,000,000 passengers before October 1, 2020.
(3) 15,000,000 passengers before October 1, 2021.
(f) Marketing of PreCheck Program.--Not later than 90 days
after the date of enactment of the TSA Modernization Act, the
Administrator shall--
(1) enter into at least 2 agreements, using other
transaction authority under section 114(m) of this
title, to market the PreCheck Program; and
(2) implement a long-term strategy for partnering
with the private sector to encourage enrollment in such
program.
(g) Identity Verification Enhancement.--The Administrator
shall--
(1) coordinate with the heads of appropriate
components of the Department to leverage Department-
held data and technologies to verify the identity and
citizenship of individuals enrolling in the PreCheck
Program;
(2) partner with the private sector to use biometrics
and authentication standards, such as relevant
standards developed by the National Institute of
Standards and Technology, to facilitate enrollment in
the program; and
(3) consider leveraging the existing resources and
abilities of airports to collect fingerprints for use
in background checks to expedite identity verification.
(h) PreCheck Program Lanes Operation.--The Administrator
shall--
(1) ensure that PreCheck Program screening lanes are
open and available during peak and high-volume travel
times at appropriate airports to individuals enrolled
in the PreCheck Program; and
(2) make every practicable effort to provide
expedited screening at standard screening lanes during
times when PreCheck Program screening lanes are closed
to individuals enrolled in the program in order to
maintain operational efficiency.
(i) Eligibility of Members of the Armed Forces for Expedited
Security Screening.--
(1) In general.--Subject to paragraph (3), an
individual specified in paragraph (2) is eligible for
expedited security screening under the PreCheck
Program.
(2) Individuals specified.--An individual specified
in this subsection is any of the following:
(A) A member of the Armed Forces, including a
member of a reserve component or the National
Guard.
(B) A cadet or midshipman of the United
States Military Academy, the United States
Naval Academy, the United States Air Force
Academy, or the United States Coast Guard
Academy.
(C) A family member of an individual
specified in subparagraph (A) or (B) who is
younger than 12 years old and accompanying the
individual.
(3) Implementation.--The eligibility of an individual
specified in paragraph (2) for expedited security
screening under the PreCheck Program is subject to such
policies and procedures as the Administrator may
prescribe to carry out this subsection, in consultation
with the Secretary of Defense and, with respect to the
United States Coast Guard, the Commandant of the United
States Coast Guard.
(j) Vetting for PreCheck Program Participants.--The
Administrator shall initiate an assessment to identify any
security vulnerabilities in the vetting process for the
PreCheck Program, including determining whether subjecting
PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent
checks against the terrorist watchlist, could be done in a
cost-effective manner to strengthen the security of the
PreCheck Program.
(k) Assurance of Separate Program.--In carrying out this
section, the Administrator shall ensure that the additional
private sector application capabilities under subsections (b),
(c), and (d) are undertaken in addition to any other related
TSA program, initiative, or procurement, including the
Universal Enrollment Services program.
(l) Expenditure of Funds.--Any Federal funds expended by the
Administrator to expand PreCheck Program enrollment shall be
expended in a manner that includes the requirements of this
section.
(m) Ineligibility of Individuals Unlawfully Possessing
Firearms in Restricted Areas.--
(1) In general.--Any unauthorized individual who
possesses a firearm after the individual is present for
screening at a passenger screening checkpoint shall be
ineligible for expedited security screening and
prohibited from participating in the PreCheck Program
for a period of time determined by the Administrator of
the Transportation Security Administration in the
Administrator's sole discretion.
(2) Request for reconsideration.--The Administrator
of the Transportation Security Administration shall
maintain a procedure through which an individual
subject to a period of ineligibility pursuant to this
subsection may petition the Administrator for a
reduction in the duration of such period. The
Administrator may, if the Administrator determines such
is appropriate, reduce such duration. Any such
determination shall be in the Administrator's sole
discretion.
(3) Definition.--In this subsection, the term
``passenger screening checkpoint'' means the designated
area at each airport located in the United States at
which the Transportation Security Administration, or an
entity authorized by the Administration pursuant to
section 44920, or other comparable authority, provides
for the screening of passengers and carry-on baggage.
* * * * * * *
Sec. 44930. Minimum civil monetary penalties for certain firearm-
related violations
(a) In General.--Not later than 60 days after the date of the
enactment of this section, the Administrator of the
Transportation Security Administration shall establish minimum
civil monetary penalty amounts for repeat or egregious
violations of subsection (a) of section 1540.111 of title 49,
Code of Federal Regulations, relating to the carriage of
firearms on or in an individual's person or accessible property
into the sterile area of an airport or onboard an aircraft.
(b) Minimum Civil Monetary Penalties for Repeat Violations.--
The minimum civil monetary penalty amount for a repeat
violation of subsection (a) of section 1540.111 of title 49,
Code of Federal Regulations, involving a firearm shall be--
(1) in the case of an individual with respect to whom
such a repeat violation occurs within five years of the
date of the final adjudication of a previous such
violation--
(A) $10,000 for any such repeat violation
involving an unloaded firearm; and
(B) $12,500 for any such repeat violation
involving a loaded firearm or unloaded firearm
with accessible ammunition; and
(2) in the case of an individual with respect to whom
such a repeat violation occurs more than five years
after the date of the final adjudication of a previous
such violation--
(A) $5,000 for any such repeat violation
involving an unloaded firearm; and
(B) $10,000 for any such repeat violation
involving a loaded firearm or unloaded firearm
with accessible ammunition.
(c) Minimum Civil Monetary Penalties for Egregious
Violations.--The minimum civil monetary penalty amount for an
intentional or otherwise egregious violation of subsection (a)
of section 1540.111 of title 49, Code of Federal Regulations,
involving a firearm shall be--
(1) $10,000 for any knowing violation in the case of
a deliberate attempt to conceal such firearm; and
(2) $5,000 for any violation which the Administrator
of the Transportation Security Administration
determines is otherwise egregious, including if the
firearm at issue--
(A) is known to the Administrator to--
(i) not contain a serial number when
required by law; or
(ii) have been manufactured using
additive layer manufacturing (commonly
known as ``3-D printing''); or
(B) is--
(i) of a nature or type that poses a
greater risk to aviation security than
firearms typically identified at
passenger screening checkpoints; or
(ii) identified with ammunition that
is of a nature or type that poses a
greater risk to aviation security than
ammunition typically identified at
passenger screening checkpoints.
(d) Special Circumstances.--An individual subject to a
minimum civil monetary penalty amount pursuant to subsection
(a) may appeal such penalty amount or seek a reduction in such
penalty amount in the case of such individual's particular
violation, including based on mitigating factors (including in
accordance with subsection (e)) pursuant to procedures provided
for in the Transportation Security Administration's security
regulations. The Administrator of the Transportation Security
Administration may, if the Administrator determines such is
appropriate, grant such appeal or reduce such penalty amount,
as the case may be.
(e) Self-disclosure.--Notwithstanding any other provision of
this section, the Administrator of the Transportation Security
Administration may consider self-disclosure as a mitigating
factor when determining the amount of a civil monetary penalty
if an individual, in good faith, voluntarily discloses a
violation of subsection (a) of section 1540.111 of title 49,
Code of Federal Regulations, to the Transportation Security
Administration, an entity authorized to conduct screening
pursuant to section 44920 of title 49, United States Code, a
Government representative, an employee or contractor of an
airline or airport, or other appropriate authority, after the
individual is present for screening at a passenger screening
checkpoint but prior to the detection of such violation. The
Administrator shall inform appropriate Administration passenger
screening checkpoint personnel, entities authorized to conduct
screening pursuant to section 44920 of title 49, United States
Code, Government representatives, employees or contractors of
an airline or airport, and other appropriate authorities
regarding appropriate procedures for handling the self-
disclosure of such a violation, including procedures for
contacting law enforcement.
(f) Payment Plans.--The Administrator of the Transportation
Security Administration may provide payment plans for payment
of civil monetary penalty amounts under this section for a
violation of subsection (a) of section 1540.111 of title 49,
Code of Federal Regulations, in the event an individual
provides documentation of hardship.
(g) Use of Amounts From Civil Monetary Penalties.--The
Administrator shall obligate and expend amounts received from
the imposition of civil monetary penalties under this section
for repeat or egregious violations of subsection (a) of section
1540.111 of title 49, Code of Federal Regulations, involving a
firearm for the acquisition and deployment of passenger
screening checkpoint technology.
(h) Rule of Construction.--Nothing in this section may be
interpreted as--
(1) limiting the authority of the Administrator of
the Transportation Security Administration to issue
civil monetary penalty amounts that are greater than
those established as minimum civil monetary penalty
amounts pursuant to this section;
(2) limiting the authority of the Administrator to
establish minimum civil monetary penalty amounts with
respect to first-time or non-egregious violations of
section 1540.111 of title 49, Code of Federal
Regulations; or
(3) instructing the Administrator to establish a
minimum civil monetary penalty amount with respect to
violations involving unloaded replicas of firearms not
capable of discharge.
(i) Definition.--In this section, the term ``passenger
screening checkpoint'' means the designated area at each
airport located in the United States at which the
Transportation Security Administration, or an entity authorized
by the Administration pursuant to section 44920, or other
comparable authority, provides for the screening of passengers
and carry-on baggage.
* * * * * * *
[all]