49 U.S.C. § 44925 — Deployment and use of detection equip-

Page 1500 TITLE 49—TRANSPORTATION § 44925 is in the process of certification, by the Administration under this part)’’ after ‘‘foreign repair station’’. Pub. L. 110–53, § 1616(b)(1), which directed amendment of subsec. (b) by substituting ‘‘6 months’’ for ‘‘18 months’’, was executed by making the substitution in subsec. (d), to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically pro- vided, see section 3 of Pub. L. 108–176, set out as an Ef- fective Date of 2003 Amendment note under section 106 of this title. SUSPENSION OF CERTIFICATION OF FOREIGN REPAIR STATIONS Pub. L. 110–53, title XVI, § 1616(a), Aug. 3, 2007, 121 Stat. 488, provided that: ‘‘If the regulations required by section 44924(f) of title 49, United States Code, are not issued within 1 year after the date of enactment of this Act [Aug. 3, 2007], the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145 of title 14, Code of Federal Regulations, after such date unless the station was pre- viously certified, or is in the process of certification by the Administration under that part.’’ § 44925. Deployment and use of detection equip- ment at airport screening checkpoints (a) WEAPONS AND EXPLOSIVES.—The Secretary of Homeland Security shall give a high priority to developing, testing, improving, and deploy- ing, at airport screening checkpoints, equipment that detects nonmetallic, chemical, biological, and radiological weapons, and explosives, in all forms, on individuals and in their personal prop- erty. The Secretary shall ensure that the equip- ment alone, or as part of an integrated system, can detect under realistic operating conditions the types of weapons and explosives that terror- ists would likely try to smuggle aboard an air carrier aircraft. (b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.— (1) IN GENERAL.—The Administrator of the Transportation Security Administration shall submit to the appropriate congressional com- mittees a strategic plan to promote the opti- mal utilization and deployment of explosive detection equipment at airports to screen indi- viduals and their personal property. Such equipment includes walk-through explosive detection portals, document scanners, shoe scanners, and backscatter x-ray scanners. The plan may be submitted in a classified format. (2) CONTENT.—The strategic plan shall in- clude, at minimum— (A) a description of current efforts to de- tect explosives in all forms on individuals and in their personal property; (B) a description of the operational appli- cations of explosive detection equipment at airport screening checkpoints; (C) a deployment schedule and a descrip- tion of the quantities of equipment needed to implement the plan; (D) a description of funding needs to im- plement the plan, including a financing plan that provides for leveraging of non-Federal funding; (E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and (F) a description of any recommended leg- islative actions. (c) PORTAL DETECTION SYSTEMS.—There is au- thorized to be appropriated to the Secretary of Homeland Security for the use of the Transpor- tation Security Administration $250,000,000, in addition to any amounts otherwise authorized by law, for research, development, and installa- tion of detection systems and other devices for the detection of biological, chemical, radio- logical, and explosive materials. (d) INTERIM ACTION.—Until measures are im- plemented that enable the screening of all pas- sengers for explosives, the Administrator of the Transportation Security Administration shall provide, by such means as the Administrator of the Transportation Security Administration considers appropriate, explosives detection screening for all passengers identified for addi- tional 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 transpor- tation. (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; Pub. L. 115–254, div. K, title I, § 1991(d)(21), Oct. 5, 2018, 132 Stat. 3637.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–254, § 1991(d)(21)(A), substituted ‘‘The Administrator of the Transportation Security Administration’’ for ‘‘Not later than 90 days after the date of enactment of this section, the Assist- ant Secretary of Homeland Security (Transportation Security Administration)’’. Subsec. (b)(3). Pub. L. 115–254, § 1991(d)(21)(B), struck out par. (3). Text read as follows: ‘‘The Secretary shall begin implementation of the strategic plan within one year after the date of enactment of this paragraph.’’ Subsec. (d). Pub. L. 115–254, § 1991(d)(21)(C), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Assistant Secretary’’ in two places. 2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3). Statutory Notes and Related Subsidiaries MOVEMENT AND REDEPLOYMENT OF MOBILE EXPLOSIVES DETECTION SYSTEMS Pub. L. 114–113, div. F, title II, Dec. 18, 2015, 129 Stat. 2499, provided in part: ‘‘That notwithstanding any other provision of law, for the current fiscal year and each fiscal year hereafter, mobile explosives detection sys- tems purchased and deployed using funds made avail- able under this heading [Transportation Security Ad- ministration, Aviation Security] may be moved and re- deployed to meet evolving passenger and baggage screening security priorities at airports’’. ISSUANCE OF STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIR- PORT SCREENING CHECKPOINTS Pub. L. 110–53, title XVI, § 1607(a), Aug. 3, 2007, 121 Stat. 483, provided that, not later than 30 days after Aug. 3, 2007, the Secretary of Homeland Security, in consultation with the Administrator of the Transpor- tation Security Administration, was to issue the stra- Page 1501 TITLE 49—TRANSPORTATION § 44927 tegic plan the Secretary was required by subsec. (b) of this section to have issued within 90 days after 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 Se- curity (Transportation Security Administration), not later than Mar. 31, 2005, to develop and initiate a pilot program to deploy and test advanced airport check- point screening devices and technology as an inte- grated system at not less than 5 airports in the United States. § 44926. Appeal and redress process for pas- sengers wrongly delayed or prohibited from boarding a flight (a) IN GENERAL.—The Secretary of Homeland Security shall establish a timely and fair proc- ess for individuals who believe they have been delayed or prohibited from boarding a commer- cial aircraft because they were wrongly identi- fied 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 Depart- ment of Homeland Security. (b) OFFICE OF APPEALS AND REDRESS.— (1) ESTABLISHMENT.—The Secretary shall es- tablish in the Department an Office of Appeals and Redress to implement, coordinate, and execute the process established by the Sec- retary pursuant to subsection (a). The Office shall include representatives from the Trans- portation Security Administration, United States Customs and Border Protection, and such other offices and components of the De- partment as the Secretary determines appro- priate. (2) RECORDS.—The process established by the Secretary pursuant to subsection (a) shall in- clude the establishment of a method by which the Office, under the direction of the Sec- retary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified and have corrected er- roneous information. (3) INFORMATION.—To prevent repeated delays of a misidentified passenger or other in- dividual, 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 indi- vidual; (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 nec- essary to allow such office or component to assist air carriers in improving their admin- istration of the advanced passenger prescreening system and reduce the number of false positives; and (C) require air carriers and foreign air car- riers take action to identify passengers de- termined, 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 Depart- ment 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 re- solve 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 au- dited 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 De- partment receiving the data contained with- in the records handles the information in ac- cordance with the section 552a of title 5, United States Code, and the Federal Infor- mation Security Management Act of 2002 (Public Law 107–296); (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 Com- mittee on Commerce, Science, and Transpor- tation of the Senate, and Committee on Homeland Security and Governmental Af- fairs of the Senate. (5) INITIATION OF REDRESS PROCESS AT AIR- PORTS.—The Office shall establish at each air- port at which the Department has a signifi- cant 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; amended Pub. L. 115–254, div. K, title I, § 1991(d)(22), Oct. 5, 2018, 132 Stat. 3637.) Editorial Notes 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 classi- fication of this Act to the Code, see Short Title note set out under section 101 of Title 6, Domestic Security, and Tables. AMENDMENTS 2018—Subsec. (b)(3). Pub. L. 115–254 substituted ‘‘a misidentified passenger’’ for ‘‘an misidentified pas- senger’’ in introductory provisions. § 44927. Expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans (a) PASSENGER SCREENING.—The Administrator of the Transportation Security Administration,