[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4094 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 4094
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2021
Received, read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To conduct a pilot program at foreign last point of departure airports
to permit passengers and their accessible property to continue on
additional flights or flight segments originating in the United States
without additional security re-screening, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One-Stop Pilot Program Act of
2021''.
SEC. 2. PILOT PROGRAM FOR ONE-STOP SECURITY.
(a) In General.--Notwithstanding 44901(a) of title 49, United
States Code, the Administrator of the Transportation Security
Administration, in coordination with U.S. Customs and Border
Protection, is authorized to conduct 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--
(1) the initial screening was conducted in accordance with
an aviation security screening agreement described in
subsection (d);
(2) passengers arriving from participating foreign airports
are unable to access their checked baggage until the arrival at
their final destination; and
(3) upon arrival in the United States, passengers arriving
from participating foreign airports do not come into contact
with other arriving international passengers or 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.
(b) Requirements for Pilot Program.--In carrying out this section,
the Administrator shall ensure there is no reduction in the level of
security or specific 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 the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) 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 co-mingling
of such passengers and property with passengers and property
screened under the pilot program described in subsection (a).
(4) Insider risk at foreign last point of departure
airports.
(c) Re-Screening of Checked Baggage.--The Administrator may
determine whether checked baggage arriving from participating foreign
airports referenced in subsection (a) must be re-screened in the United
States by an explosives detection system before such baggage continues
on any additional flight or flight segment.
(d) Aviation Security Screening Agreement Described.--An aviation
security screening agreement described in this subsection is an
agreement signed by the Administrator, without delegating such
authority, and 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 therefore 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.
(e) Re-Screening Requirement.--If the Administrator determines that
the 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 before such passengers and their
property are permitted into sterile areas of airports in the United
States. In the case of continued or egregious failure to maintain such
security standards and protocols, the Administrator shall suspend or
terminate the aviation security screening agreement, as determined
appropriate by the Administrator, and shall notify the appropriate
congressional committees of such suspension or termination, as the case
may be, not later than seven days after such suspension or termination.
(f) Certifications and Briefings to Congress.--Not later than 30
days before an aviation security screening agreement in accordance with
subsection (d) enters into force, the Administrator shall provide to
the appropriate congressional committees the following:
(1) A copy of such agreement.
(2) A homeland security threat assessment for the country
in which such foreign last point of departure airport is
located, information on any corresponding mitigation efforts to
address any security issues identified in such threat
assessment, and the Administrator's plans for ensuring through
joint covert testing or other measures compliance with the
security standards and protocols set forth in such agreement.
(3) A certification that such agreement satisfies all
requirements specified in subsection (b) or, in the event that
one or more of such requirements is not so satisfied, an
identification of the unsatisfied requirement and information
on what actions will be taken to ensure such remaining
requirement is satisfied before such agreement enters into
force.
(4) A certification that the Administrator consulted with
stakeholders, including air carriers, airport operators,
relevant interagency partners, and other stakeholders the
Administrator determines appropriate.
(5) A detailed briefing on the substance of paragraphs (1)
through (4).
(g) Sunset.--The pilot program described in subsection (a) shall
terminate six years after the date of enactment of this section.
(h) Report to Congress.--Not later than five years after the date
of enactment of this section, the Secretary of Homeland Security, in
coordination with the Administrator, shall submit to the appropriate
congressional committees a report regarding the implementation of the
pilot program described in subsection (a), including information
relating to the following:
(1) The impact to homeland security and international
aviation security, including any benefits and challenges, of
such pilot program.
(2) The impact to passengers, airports, and air carriers,
including any benefits and challenges, of such pilot program.
(3) The impact and feasibility of continuing such pilot
program or expanding into a more permanent program, including
any benefits and challenges.
(i) Rule of Construction.--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.
(j) Definitions.--In this section:
(1) Administration; tsa.--The terms ``Administration'' and
``TSA'' mean the Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce,
Science, and Transportation of the Senate.
Passed the House of Representatives September 29, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.