Sec. 6739. One-stop pilot program
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/bill/117/hr/7900/pcs/section-6739·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Administrator means the Administrator of the Transportation Security Administration. The term appropriate congressional committees means— the Committee on Homeland Security of the House of Representatives; and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. The term TSA means the Transportation Security Administration of the Department of Homeland Security. Notwithstanding 44901(a) of title 49, United States Code, the Administrator, in coordination with the Commissioner of U.S.
Customs and Border Protection, may establish a pilot program at not more than six foreign last point of departure airports to permit passengers and their accessible property arriving on direct flights or flight segments originating at such participating foreign airports to continue on additional flights or flight segments originating in the United States without additional security re-screening if— the initial screening was conducted in accordance with an aviation security screening agreement described in subsection (e); passengers arriving from participating foreign airports are unable to access their checked baggage until the arrival at their final destination; and upon arrival in the United States, passengers arriving from participating foreign airports do not come into contact with other arriving international passengers, those passengers’ property, or other persons who have not been screened or subjected to other appropriate security controls required for entry into the airport’s sterile area.
In carrying out this section, the Administrator shall ensure that there is no reduction in the level of security or specific TSA aviation security standards or requirements for screening passengers and their property prior to boarding an international flight bound for the United States, including specific aviation security standards and requirements regarding— high risk passengers and their property; weapons, explosives, and incendiaries; screening passengers and property transferring at a foreign last point of departure airport from another airport and bound for the United States, and addressing any commingling of such passengers and property with passengers and property screened under the pilot program described in subsection (b); and insider risk at foreign last point of departure airports.
Subject to subsection (f), the Administrator may determine whether checked baggage arriving from participating foreign airports referenced in subsection
(b)that screen using an explosives detection system must be re-screened in the United States by an explosives detection system before such baggage continues on any additional flight or flight segment. An aviation security screening agreement described in this subsection is a treaty, executive agreement, or other international arrangement that— in the case of a treaty or executive agreement, is signed by the President; and in the case of an international agreement, is signed by only the President, Secretary of Homeland Security, or Administrator, without delegating such authority; and is entered into with a foreign country that delineates and implements security standards and protocols utilized at a foreign last point of departure airport that are determined by the Administrator— to be comparable to those of the United States; and sufficiently effective to enable passengers and their accessible property to deplane into sterile areas of airports in the United States without the need for re-screening. If the Administrator determines that a foreign country participating in the aviation security screening agreement has not maintained and implemented security standards and protocols comparable to those of the United States at foreign last point of departure airports at which a pilot program has been established in accordance with this section, the Administrator shall ensure that passengers and their property arriving from such airports are re-screened in the United States, including by using explosives detection systems in accordance with section 44901(d)(1) of title 49, United States Code, and implementing regulations and directives, before such passengers and their property are permitted into sterile areas of airports in the United States. If the Administrator has reasonable grounds to believe that the other party to an aviation security screening agreement has not complied with such agreement, the Administrator shall request immediate consultation with such party. If a satisfactory resolution between TSA and a foreign country is not reached within 45 days after a consultation request under paragraph
(2)or in the case of the foreign country’s continued or egregious failure to maintain the security standards and protocols described in paragraph (1), the President, Secretary of Homeland Security, or Administrator, as appropriate, shall suspend or terminate the aviation security screening agreement with such country, as determined appropriate by the President, Secretary of Homeland Security, or Administrator. The Administrator shall notify the appropriate congressional committees of such consultation and suspension or termination, as the case may be, not later than seven days after such consultation and suspension or termination. Not later than 45 days before an aviation security screening agreement described in subsection
(e)enters into force, the Administrator shall submit to the appropriate congressional committees— an aviation security threat assessment for the country in which such foreign last point of departure airport is located; information regarding any corresponding mitigation efforts to address any security issues identified in such threat assessment, including any plans for joint covert testing; information on potential security vulnerabilities associated with commencing a pilot program at such foreign last point of departure airport pursuant to subsection
(b)and mitigation plans to address such potential security vulnerabilities; an assessment of the impacts such pilot program will have on aviation security; an assessment of the screening performed at such foreign last point of departure airport, including the feasibility of TSA personnel monitoring screening, security protocols, and standards; information regarding identifying the entity or entities responsible for screening passengers and property at such foreign last point of departure airport; the name of the entity or local authority and any contractor or subcontractor; information regarding the screening requirements relating to such aviation security screening agreement; details regarding information sharing mechanisms between the TSA and such foreign last point of departure airport, screening authority, or entity responsible for screening provided for under such aviation security screening agreement; and a copy of the aviation security screening agreement, which shall identify the foreign last point of departure airport or airports at which a pilot program under this section is to be established. For each aviation security screening agreement described in subsection (e), the Administrator shall submit to the appropriate congressional committees— a certification that such agreement satisfies all of the requirements specified in subsection (c); or in the event that one or more of such requirements are not so satisfied, a description of the unsatisfied requirement and information on what actions the Administrator will take to ensure that such remaining requirements are satisfied before such agreement enters into force; a certification that TSA and U.S. Customs and Border Protection have ensured that any necessary physical modifications or appropriate mitigations exist in the domestic one-stop security pilot program airport prior to receiving international passengers from a last point of departure airport under the aviation security screening agreement; a certification that a foreign last point of departure airport covered by an aviation security screening agreement has an operation to screen all checked bags as required by law, regulation, or international agreement, including the full utilization of explosives detection systems to the extent applicable; and a certification that the Administrator consulted with stakeholders, including air carriers, aviation nonprofit labor organizations, airport operators, relevant interagency partners, and other stakeholders that the Administrator determines appropriate. Not later than five years after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Administrator, shall submit a report to the appropriate congressional committees regarding the implementation of the pilot program authorized under this section, including information relating to— the impact of such program on homeland security and international aviation security, including any benefits and challenges of such program; the impact of such program on passengers, airports, and air carriers, including any benefits and challenges of such program; and the impact and feasibility of continuing such program or expanding it into a more permanent program, including any benefits and challenges of such continuation or expansion. Nothing in this section may be construed as limiting the authority of U.S. Customs and Border Protection to inspect persons and baggage arriving in the United States in accordance with applicable law. The pilot program authorized under this section shall terminate on the date that is six years after the date of the enactment of this Act.