49 U.S.C. § 44927 — Expedited screening for severely injured

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, Page 1502 TITLE 49—TRANSPORTATION § 44927 1 So in original. Probably should be ‘‘loss of use’’. in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and organiza- tions identified by the Secretaries of Defense and Veterans 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 pas- senger screening services for severely injured or disabled members of the Armed Forces and se- verely injured or disabled veterans through pas- senger screening. The process shall be designed to offer the individual private screening to the maximum extent practicable. (b) OPERATIONS CENTER.—As part of the proc- ess under subsection (a), the Administrator of the Transportation Security Administration 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 intra- state air transportation. (c) PROTOCOLS.—The Administrator of the Transportation Security Administration shall— (1) establish and publish protocols, in con- sultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the organi- zations identified under subsection (a), under which a severely injured or disabled member of the Armed Forces or severely injured or dis- abled veteran, or the family member or other representative of such member or veteran, may contact the operations center maintained under subsection (b) and request the expedited passenger screening services described in sub- section (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 serv- ices, as described in subsection (a), for that member or veteran. (d) TRAINING.—The Administrator of the Transportation Security Administration 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 sub- section (a). (e) RULE OF CONSTRUCTION.—Nothing in this section shall affect the authority of the Admin- istrator of the Transportation Security Admin- istration to require additional screening of a se- verely injured or disabled member of the Armed Forces, a severely injured or disabled veteran, or their accompanying family members or nonmed- ical attendants, if intelligence, law enforce- ment, or other information indicates that addi- tional screening is necessary. (f) REPORTS.—Each year, the Administrator of the Transportation Security Administration shall submit to Congress a report on the imple- mentation of this section. Each report shall in- clude each of the following: (1) Information on the training provided under subsection (d). (2) Information on the consultations be- tween the Administrator of the Transpor- tation Security Administration and the orga- nizations 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 Adminis- trator of the Transportation Security Admin- istration determines is appropriate. (g) AVAILABILITY OF PRECHECK PROGRAM TO CERTAIN SEVERELY INJURED OR DISABLED VET- ERANS.— (1) IN GENERAL.—A veteran described in para- graph (2) is eligible for security screening under the PreCheck Program under section 44919 at no cost to the veteran if the veteran is able to meet the background check and other security requirements for participation in the Program. (2) VETERANS DESCRIBED.—A veteran de- scribed in this paragraph is a veteran who— (A) is enrolled in the patient enrollment system of the Department of Veterans Af- fairs established and operated under section 1705 of title 38, United States Code; (B) has been determined by the Secretary of Veterans Affairs to have a service-con- nected disability under section 1110 or 1131 of such title, as the case may be, and such dis- ability has been determined by such Sec- retary to have resulted in— (i) loss, or loss use 1 of, an extremity; (ii) paralysis or partial paralysis; or (iii) permanent blindness; and (C) as a result of a loss, paralysis or partial paralysis, or blindness described in subpara- graph (B), requires the use of a wheelchair, prosthetic limb, or other assistive device to aid with mobility. (3) LIMITATION.—The Administrator of the Transportation Security Administration shall carry out this subsection subject to the avail- ability of appropriations and may not increase fees for enrollment in the PreCheck Program for such purpose. (Added Pub. L. 113–27, § 2(a), Aug. 9, 2013, 127 Stat. 503; amended Pub. L. 115–254, div. K, title I, § 1991(d)(23), Oct. 5, 2018, 132 Stat. 3637; Pub. L. 118–238, § 2(a), Jan. 4, 2025, 138 Stat. 2923.) Editorial Notes AMENDMENTS 2025—Subsec. (g). Pub. L. 118–238 added subsec. (g). 2018—Pub. L. 115–254, § 1991(d)(23)(A), substituted ‘‘Ad- ministrator of the Transportation Security Adminis- tration’’ for ‘‘Assistant Secretary’’ wherever appearing. Subsec. (a). Pub. L. 115–254, § 1991(d)(23)(B), sub- stituted ‘‘Veterans Affairs that’’ for ‘‘Veteran Affairs that’’. Subsec. (f). Pub. L. 115–254, § 1991(d)(23)(C), substituted ‘‘Reports’’ for ‘‘Report’’ in heading and ‘‘Each year,’’ for ‘‘Not later than 1 year after the date of enactment of this section, and annually thereafter,’’ in introduc- tory provisions. Statutory Notes and Related Subsidiaries COORDINATION ON IMPLEMENTATION Pub. L. 118–238, § 2(b), Jan. 4, 2025, 138 Stat. 2923, pro- vided that: ‘‘The Administrator of the Transportation Page 1503 TITLE 49—TRANSPORTATION § 44931 Security Administration and the Secretary of Veterans Affairs shall jointly— ‘‘(1) implement a process under which a veteran de- scribed in paragraph (2) of subsection (g) of section 44927 of title 49, United States Code, as added by sub- section (a), can receive the benefits under such sub- section by not later than one year after the date of enactment of this Act [Jan. 4, 2025]; and ‘‘(2) provide to the Committee on Homeland Secu- rity and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Veterans’ Affairs of the Senate a brief- ing on the status of implementing the process re- quired by paragraph (1) by not later than one year after the date of the enactment of this Act.’’ OUTREACH FOR DISABLED VETERANS ON AVAILABILITY OF TRANSPORTATION SECURITY ADMINISTRATION PRO- GRAMS Pub. L. 118–238, § 2(c), Jan. 4, 2025, 138 Stat. 2924, pro- vided that: ‘‘(1) COORDINATION.—The Secretary of Veterans Af- fairs and the Administrator of the Transportation Se- curity Administration shall implement a process under which such Secretary provides to disabled veterans ef- fective outreach regarding Transportation Security Ad- ministration programs designed to improve the screen- ing process for passengers with disabilities. ‘‘(2) FURTHER ENHANCEMENTS TO EASE AIR TRAVEL FOR WOUNDED WARRIORS AND OTHER DISABLED VETERANS.— Notwithstanding subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ‘Pa- perwork Reduction Act’), or any other provision of law, the Secretary of Veterans Affairs, in coordination with the Administrator of the Transportation Security Ad- ministration, shall— ‘‘(A) engage appropriate veterans service organiza- tions and other relevant organizations, as appro- priate, to assess the awareness of veterans of relevant Transportation Security Administration programs; and ‘‘(B) examine the need and feasibility of other measures to improve travel security procedures for disabled veterans. ‘‘(3) BRIEFING REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act [Jan. 4, 2025], the Secretary of Veterans Affairs and the Admin- istrator of the Transportation Security Administration shall jointly provide to the Committee on Homeland Security and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Home- land Security and Governmental Affairs and the Com- mittee on Veterans’ Affairs of the Senate a briefing on the status of the implementation of paragraphs (1) and (2).’’ § 44928. Honor Flight program The Administrator of the Transportation Se- curity Administration shall establish, in col- laboration with the Honor Flight Network or other not-for-profit organization that honors veterans, a process for providing expedited and dignified passenger screening services for vet- erans traveling on an Honor Flight Network pri- vate charter, or such other not-for-profit organi- zation that honors veterans, to visit war memo- rials built and dedicated to honor the service of such veterans. (Added Pub. L. 113–221, § 2(a), Dec. 16, 2014, 128 Stat. 2094.) § 44929. Donation of screening equipment to pro- tect the United States (a) IN GENERAL.—Subject to subsection (b), the Administrator is authorized to donate security screening equipment to a foreign last point of departure airport operator if such equipment can be reasonably expected to mitigate a spe- cific vulnerability to the security of the United States or United States citizens. (b) CONDITIONS.—Before donating any security screening equipment to a foreign last point of departure airport operator the Administrator shall— (1) ensure that the screening equipment has been restored to commercially available set- tings; (2) ensure that no TSA-specific security standards or algorithms exist on the screening equipment; and (3) verify that the appropriate officials have an adequate system— (A) to properly maintain and operate the screening equipment; and (B) to document and track any removal or disposal of the screening equipment to en- sure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security. (c) REPORTS.—Not later than 30 days before any donation of security screening equipment under subsection (a), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Home- land Security of the House of Representatives a detailed written explanation of the following: (1) The specific vulnerability to the United States or United States citizens that will be mitigated by such donation. (2) An explanation as to why the recipient of such donation is unable or unwilling to pur- chase security screening equipment to miti- gate such vulnerability. (3) An evacuation plan for sensitive tech- nologies in case of emergency or instability in the country to which such donation is being made. (4) How the Administrator will ensure the security screening equipment that is being do- nated is used and maintained over the course of its life by the recipient. (5) The total dollar value of such donation. (6) How the appropriate officials will docu- ment and track any removal or disposal of the screening equipment by the recipient to en- sure the screening equipment does not come into the possession of terrorists or otherwise pose a risk to security. (Added Pub. L. 115–254, div. K, title I, § 1955(a)(1), Oct. 5, 2018, 132 Stat. 3595.) SUBCHAPTER II—ADMINISTRATION AND PERSONNEL § 44931. Authority to exempt The Secretary of Homeland Security may grant an exemption from a regulation prescribed in carrying out sections 44901, 44903, 44906, 44909(c), and 44935–44937 of this title when the Secretary decides the exemption is in the public interest. (Added Pub. L. 115–254, div. K, title I, § 1991(j)(1), Oct. 5, 2018, 132 Stat. 3645.)