One-Stop Pilot Program Act of 2021

IIB 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 prop- erty to continue on additional flights or flight segments originating in the United States without additional secu- rity re-screening, and for other purposes. VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS 2 HR 4094 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘One-Stop Pilot Pro- 4 gram Act of 2021’’. 5 SEC. 2. PILOT PROGRAM FOR ONE-STOP SECURITY. 6 (a) IN GENERAL.—Notwithstanding 44901(a) of title 7 49, United States Code, the Administrator of the Trans- 8 portation Security Administration, in coordination with 9 U.S. Customs and Border Protection, is authorized to con- 10 duct a pilot program at not more than six foreign last 11 point of departure airports to permit passengers and their 12 accessible property arriving on direct flights or flight seg- 13 ments originating at such participating foreign airports to 14 continue on additional flights or flight segments origi- 15 nating in the United States without additional security re- 16 screening if— 17 (1) the initial screening was conducted in ac- 18 cordance with an aviation security screening agree- 19 ment described in subsection (d); 20 (2) passengers arriving from participating for- 21 eign airports are unable to access their checked bag- 22 gage until the arrival at their final destination; and 23 (3) upon arrival in the United States, pas- 24 sengers arriving from participating foreign airports 25 VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS 3 HR 4094 RFS do not come into contact with other arriving inter- 1 national passengers or those passengers’ property or 2 other persons who have not been screened or sub- 3 jected to other appropriate security controls required 4 for entry into the airport’s sterile area. 5 (b) REQUIREMENTS FOR PILOT PROGRAM.—In car- 6 rying out this section, the Administrator shall ensure there 7 is no reduction in the level of security or specific aviation 8 security standards or requirements for screening pas- 9 sengers and their property prior to boarding an inter- 10 national flight bound for the United States, including spe- 11 cific aviation security standards and requirements regard- 12 ing the following: 13 (1) High risk passengers and their property. 14 (2) Weapons, explosives, and incendiaries. 15 (3) Screening passengers and property transfer- 16 ring at a foreign last point of departure airport from 17 another airport and bound for the United States, 18 and addressing any co-mingling of such passengers 19 and property with passengers and property screened 20 under the pilot program described in subsection (a). 21 (4) Insider risk at foreign last point of depar- 22 ture airports. 23 (c) RE-SCREENING OF CHECKED BAGGAGE.—The 24 Administrator may determine whether checked baggage 25 VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS 4 HR 4094 RFS arriving from participating foreign airports referenced in 1 subsection (a) must be re-screened in the United States 2 by an explosives detection system before such baggage 3 continues on any additional flight or flight segment. 4 (d) AVIATION SECURITY SCREENING AGREEMENT 5 DESCRIBED.—An aviation security screening agreement 6 described in this subsection is an agreement signed by the 7 Administrator, without delegating such authority, and en- 8 tered into with a foreign country that delineates and im- 9 plements security standards and protocols utilized at a 10 foreign last point of departure airport that are determined 11 by the Administrator to be comparable to those of the 12 United States and therefore sufficiently effective to enable 13 passengers and their accessible property to deplane into 14 sterile areas of airports in the United States without the 15 need for re-screening. 16 (e) RE-SCREENING REQUIREMENT.—If the Adminis- 17 trator determines that the foreign country participating 18 in the aviation security screening agreement has not main- 19 tained and implemented security standards and protocols 20 comparable to those of the United States at foreign last 21 point of departure airports at which a pilot program has 22 been established in accordance with this section, the Ad- 23 ministrator shall ensure that passengers and their prop- 24 erty arriving from such airports are re-screened in the 25 VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS 5 HR 4094 RFS United States before such passengers and their property 1 are permitted into sterile areas of airports in the United 2 States. In the case of continued or egregious failure to 3 maintain such security standards and protocols, the Ad- 4 ministrator shall suspend or terminate the aviation secu- 5 rity screening agreement, as determined appropriate by 6 the Administrator, and shall notify the appropriate con- 7 gressional committees of such suspension or termination, 8 as the case may be, not later than seven days after such 9 suspension or termination. 10 (f) CERTIFICATIONS AND BRIEFINGS TO CON- 11 GRESS.—Not later than 30 days before an aviation secu- 12 rity screening agreement in accordance with subsection (d) 13 enters into force, the Administrator shall provide to the 14 appropriate congressional committees the following: 15 (1) A copy of such agreement. 16 (2) A homeland security threat assessment for 17 the country in which such foreign last point of de- 18 parture airport is located, information on any cor- 19 responding mitigation efforts to address any security 20 issues identified in such threat assessment, and the 21 Administrator’s plans for ensuring through joint 22 covert testing or other measures compliance with the 23 security standards and protocols set forth in such 24 agreement. 25 VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS 6 HR 4094 RFS (3) A certification that such agreement satisfies 1 all requirements specified in subsection (b) or, in the 2 event that one or more of such requirements is not 3 so satisfied, an identification of the unsatisfied re- 4 quirement and information on what actions will be 5 taken to ensure such remaining requirement is satis- 6 fied before such agreement enters into force. 7 (4) A certification that the Administrator con- 8 sulted with stakeholders, including air carriers, air- 9 port operators, relevant interagency partners, and 10 other stakeholders the Administrator determines ap- 11 propriate. 12 (5) A detailed briefing on the substance of 13 paragraphs (1) through (4). 14 (g) SUNSET.—The pilot program described in sub- 15 section (a) shall terminate six years after the date of en- 16 actment of this section. 17 (h) REPORT TO CONGRESS.—Not later than five 18 years after the date of enactment of this section, the Sec- 19 retary of Homeland Security, in coordination with the Ad- 20 ministrator, shall submit to the appropriate congressional 21 committees a report regarding the implementation of the 22 pilot program described in subsection (a), including infor- 23 mation relating to the following: 24 VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS 7 HR 4094 RFS (1) The impact to homeland security and inter- 1 national aviation security, including any benefits and 2 challenges, of such pilot program. 3 (2) The impact to passengers, airports, and air 4 carriers, including any benefits and challenges, of 5 such pilot program. 6 (3) The impact and feasibility of continuing 7 such pilot program or expanding into a more perma- 8 nent program, including any benefits and challenges. 9 (i) RULE OF CONSTRUCTION.—Nothing in this sec- 10 tion may be construed as limiting the authority of U.S. 11 Customs and Border Protection to inspect persons and 12 baggage arriving in the United States in accordance with 13 applicable law. 14 (j) DEFINITIONS.—In this section: 15 (1) ADMINISTRATION; TSA.—The terms ‘‘Ad- 16 ministration’’ and ‘‘TSA’’ mean the Transportation 17 Security Administration. 18 (2) ADMINISTRATOR.—The term ‘‘Adminis- 19 trator’’ means the Administrator of the Transpor- 20 tation Security Administration. 21 (3) APPROPRIATE CONGRESSIONAL COMMIT- 22 TEES.—The term ‘‘appropriate congressional com- 23 mittees’’ means— 24 VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS 8 HR 4094 RFS (A) the Committee on Homeland Security 1 of the House of Representatives; and 2 (B) the Committee on Homeland Security 3 and Governmental Affairs and the Committee 4 on Commerce, Science, and Transportation of 5 the Senate. 6 Passed the House of Representatives September 29, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 03:22 Oct 01, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4094.RFS H4094 kjohnson on DSK79L0C42PROD with BILLS