Statutory Authority for Collection

§ 44926

TITLE 49—TRANSPORTATION

the detection of biological, chemical, radiological, and explosive materials.
(d) INTERIM ACTION.—Until measures are implemented that enable the screening of all passengers for explosives, the Assistant Secretary
shall provide, by such means as the Assistant
Secretary considers appropriate, explosives detection screening for all passengers identified
for additional screening and their personal property that will be carried aboard a passenger aircraft operated by an air carrier or foreign air
carrier in air transportation or intrastate air
transportation.
(Added Pub. L. 108–458, title IV, § 4013(a), Dec. 17,
2004, 118 Stat. 3719; amended Pub. L. 110–53, title
XVI, § 1607(b), Aug. 3, 2007, 121 Stat. 483.)
REFERENCES IN TEXT
The date of enactment of this section, referred to
subsec. (b)(1), is the date of enactment of Pub.
108–458, which was approved Dec. 17, 2004.
The date of enactment of this paragraph, referred
in subsec. (b)(3), is the date of enactment of Pub.
110–53, which was approved Aug. 3, 2007.

in
L.
to
L.

AMENDMENTS
2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3).
ISSUANCE OF STRATEGIC PLAN FOR DEPLOYMENT AND
USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS
Pub. L. 110–53, title XVI, § 1607(a), Aug. 3, 2007, 121
Stat. 483, provided that: ‘‘Not later than 30 days after
the date of enactment of this Act [Aug. 3, 2007], the
Secretary of Homeland Security, in consultation with
the Administrator of the Transportation Security Administration, shall issue the strategic plan the Secretary was required by section 44925(b) of title 49,
United States Code, to have issued within 90 days after
the date of enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108–458)
[Dec. 17, 2004].’’
ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES
Pub. L. 108–458, title IV, § 4014, Dec. 17, 2004, 118 Stat.
3720, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), not
later than Mar. 31, 2005, to develop and initiate a pilot
program to deploy and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in the United
States.

§ 44926. Appeal and redress process for passengers wrongly delayed or prohibited from
boarding a flight
(a) IN GENERAL.—The Secretary of Homeland
Security shall establish a timely and fair process for individuals who believe they have been
delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat under the regimes utilized by
the Transportation Security Administration,
United States Customs and Border Protection,
or any other office or component of the Department of Homeland Security.
(b) OFFICE OF APPEALS AND REDRESS.—
(1) ESTABLISHMENT.—The Secretary shall establish in the Department an Office of Appeals
and Redress to implement, coordinate, and
execute the process established by the Secretary pursuant to subsection (a). The Office
shall include representatives from the Trans-

Page 1066

portation Security Administration, United
States Customs and Border Protection, and
such other offices and components of the Department as the Secretary determines appropriate.
(2) RECORDS.—The process established by the
Secretary pursuant to subsection (a) shall include the establishment of a method by which
the Office, under the direction of the Secretary, will be able to maintain a record of air
carrier passengers and other individuals who
have been misidentified and have corrected erroneous information.
(3)
INFORMATION.—To
prevent
repeated
delays of an 1 misidentified passenger or other
individual, the Office shall—
(A) ensure that the records maintained
under this subsection contain information
determined by the Secretary to authenticate
the identity of such a passenger or individual;
(B) furnish to the Transportation Security
Administration, United States Customs and
Border Protection, or any other appropriate
office or component of the Department, upon
request, such information as may be necessary to allow such office or component to
assist air carriers in improving their administration of the advanced passenger prescreening system and reduce the number of
false positives; and
(C) require air carriers and foreign air carriers take action to identify passengers determined, under the process established
under subsection (a), to have been wrongly
identified.
(4) HANDLING OF PERSONALLY IDENTIFIABLE
INFORMATION.—The Secretary, in conjunction
with the Chief Privacy Officer of the Department shall—
(A) require that Federal employees of the
Department handling personally identifiable
information of passengers (in this paragraph
referred to as ‘‘PII’’) complete mandatory
privacy and security training prior to being
authorized to handle PII;
(B) ensure that the records maintained
under this subsection are secured by encryption,
one-way
hashing,
other
data
anonymization techniques, or such other
equivalent security technical protections as
the Secretary determines necessary;
(C) limit the information collected from
misidentified passengers or other individuals
to the minimum amount necessary to resolve a redress request;
(D) require that the data generated under
this subsection shall be shared or transferred
via a secure data network, that has been audited to ensure that the anti-hacking and
other security related software functions
properly and is updated as necessary;
(E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5,
United States Code, and the Federal Information Security Management Act of 2002
(Public Law 107–296);
1 So

in original.

Page 1067

(F) only retain the data for as long as
needed to assist the individual traveler in
the redress process; and
(G) conduct and publish a privacy impact
assessment of the process described within
this subsection and transmit the assessment
to the Committee on Homeland Security of
the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on
Homeland Security and Governmental Affairs of the Senate.
(5) INITIATION OF REDRESS PROCESS AT AIRPORTS.—The Office shall establish at each airport at which the Department has a significant presence a process to provide information
to air carrier passengers to begin the redress
process established pursuant to subsection (a).
(Added Pub. L. 110–53, title XVI, § 1606(a), Aug. 3,
2007, 121 Stat. 482.)
REFERENCES IN TEXT
The Federal Information Security Management Act
of 2002, referred to in subsec. (b)(4)(E), is title X of Pub.
L. 107–296, Nov. 25, 116 Stat. 2259. For complete classification of this Act to the Code, see Short Title note
set out under section 101 of Title 6, Domestic Security,
and Tables.

§ 44927. Expedited screening for severely injured
or disabled members of the Armed Forces
and severely injured or disabled veterans
(a) PASSENGER SCREENING.—The Assistant Secretary, in consultation with the Secretary of
Defense, the Secretary of Veterans Affairs, and
organizations identified by the Secretaries of
Defense and Veteran 1 Affairs that advocate on
behalf of severely injured or disabled members
of the Armed Forces and severely injured or disabled veterans, shall develop and implement a
process to support and facilitate the ease of
travel and to the extent possible provide expedited passenger screening services for severely
injured or disabled members of the Armed
Forces and severely injured or disabled veterans
through passenger screening. The process shall
be designed to offer the individual private
screening to the maximum extent practicable.
(b) OPERATIONS CENTER.—As part of the process under subsection (a), the Assistant Secretary
shall maintain an operations center to provide
support and facilitate the movement of severely
injured or disabled members of the Armed
Forces and severely injured or disabled veterans
through passenger screening prior to boarding a
passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air transportation.
(c) PROTOCOLS.—The Assistant Secretary
shall—
(1) establish and publish protocols, in consultation with the Secretary of Defense, the
Secretary of Veterans Affairs, and the organizations identified under subsection (a), under
which a severely injured or disabled member
of the Armed Forces or severely injured or disabled veteran, or the family member or other
representative of such member or veteran,
1 So

§ 44933

TITLE 49—TRANSPORTATION

in original. Probably should be ‘‘Veterans’’.

may contact the operations center maintained
under subsection (b) and request the expedited
passenger screening services described in subsection (a) for that member or veteran; and
(2) upon receipt of a request under paragraph
(1), require the operations center to notify the
appropriate Federal Security Director of the
request for expedited passenger screening services, as described in subsection (a), for that
member or veteran.
(d) TRAINING.—The Assistant Secretary shall
integrate training on the protocols established
under subsection (c) into the training provided
to all employees who will regularly provide the
passenger screening services described in subsection (a).
(e) RULE OF CONSTRUCTION.—Nothing in this
section shall affect the authority of the Assistant Secretary to require additional screening of
a severely injured or disabled member of the
Armed Forces, a severely injured or disabled
veteran, or their accompanying family members
or nonmedical attendants, if intelligence, law
enforcement, or other information indicates
that additional screening is necessary.
(f) REPORT.—Not later than 1 year after the
date of enactment of this section, and annually
thereafter, the Assistant Secretary shall submit
to Congress a report on the implementation of
this section. Each report shall include each of
the following:
(1) Information on the training provided
under subsection (d).
(2) Information on the consultations between the Assistant Secretary and the organizations identified under subsection (a).
(3) The number of people who accessed the
operations center during the period covered by
the report.
(4) Such other information as the Assistant
Secretary determines is appropriate.
(Added Pub. L. 113–27, § 2(a), Aug. 9, 2013, 127
Stat. 503.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (f), is the date of enactment of Pub. L. 113–27,
which was approved Aug. 9, 2013.

SUBCHAPTER II—ADMINISTRATION AND
PERSONNEL
[§§ 44931, 44932. Repealed. Pub. L. 107–71, title I,
§ 101(f)(6), Nov. 19, 2001, 115 Stat. 603]
Section 44931, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1215, related to the Director of Intelligence and
Security.
Section 44932, Pub. L. 103–272, § 1(e), July 5, 1994, 108
Stat. 1215; Pub. L. 107–71, title I, § 110(a), Nov. 19, 2001,
115 Stat. 614, related to the Assistant Administrator for
Civil Aviation Security.

§ 44933. Federal Security Managers
(a) ESTABLISHMENT,
TIONING.—The Under

DESIGNATION, AND STASecretary of Transportation for Security shall establish the position
of Federal Security Manager at each airport in
the United States described in section 44903(c).
The Under Secretary shall designate individuals
as Managers for, and station those Managers at,
those airports.