Section 1 Short title
This Act may be cited as the “Securing Air Travel Act”.
Securing Air Travel Act
A BILL
To reduce the number of firearms at Transportation Security Administration passenger screening checkpoints by directing the Administrator to carry out a range of activities to inform the public about restrictions regarding the carrying of firearms in sterile areas of airports and to strengthen enforcement of such restrictions and for other purposes.
Sec. 2 Signage
Section 44901 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(m) Signage regarding firearms
“(1) Checkpoint signage—Not later than one year after the date of the enactment of this subsection, the Administrator of the Transportation Security Administration shall display uniform signage in passenger screening checkpoints to inform individuals at such checkpoints of restrictions regarding the carrying of a firearm in the sterile area of an airport. Such signage shall include visual elements and a concise description of the maximum criminal and civil penalties (with relevant statutory or regulatory citations) for unlawfully carrying a firearm in the sterile area of an airport.
“(2) Placement—Signage under paragraph (1) shall be prominently displayed and located in such a manner that it would reasonably be expected to be seen by an individual prior to entering the passenger screening checkpoint.
“(3) Airports with frequent firearm interdictions—Not later than one year after the date of the enactment of this subsection and biennially thereafter, the Administrator of the Transportation Security Administration shall publish a list of not fewer than 25 airports at which firearms were most frequently interdicted at passenger screening checkpoints in the prior two years. If with respect to any such list there are fewer than 25 such airports, such list shall include as many of such airports as are otherwise described in this paragraph.
“(4) Additional enhanced signage for airports with frequent firearm interdictions—Not later than 180 days after the date of the publication of each list required under paragraph (3), the Administrator of the Transportation Security Administration shall require each airport included on the list to install additional enhanced signage at all passenger terminal entrances to such airports to inform the public and individuals planning to enter a passenger screening checkpoint of the restrictions regarding the carrying of a firearm in the sterile area of the airport and, as applicable, State, local, territorial, or other jurisdiction-specific restrictions on carrying firearms in the publicly-accessible areas of the airport. Such additional enhanced signage shall be consistent for all airports required to install such additional enhanced signage under this paragraph, except, as the case may be, for descriptions of such applicable State, local, territorial, or other jurisdiction-specific restrictions. The Administrator may permit an airport to remove such signage if such airport is not included on a subsequent list.
“(5) Outdated signage—If any relevant information on signage installed pursuant to this subsection is rendered inaccurate due to statutory, regulatory, or other changes, the Administrator shall ensure such signage is updated in a timely manner, except this paragraph does not apply in the case of annual inflation adjustments to civil monetary penalties.
“(6) Definitions—In this subsection:
“(A) Passenger screening checkpoint—The term “passenger screening checkpoint” means the designated area at each airport located in the United States at which the Transportation Security Administration, or an entity authorized by the Administration pursuant to section 44920, or other comparable authority, provides for the screening of passengers and carry-on baggage.
“(B) Passenger terminal entrance—The term “passenger terminal entrance” means the area at each airport located in the United States where individuals arriving to the airport by means other than a flight first enter the terminal or other comparable enclosure containing passenger facilities of the airport located prior to the passenger screening checkpoint.
“(C) Sterile area—The term “sterile area” has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations.”
Sec. 3 Public awareness initiatives
Campaign—
In general—
Implementation— Not later than 120 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall implement a public awareness campaign to inform the public of the potential criminal and civil consequences of carrying a firearm in the sterile area of an airport that includes actual examples of the criminal and civil consequences imposed on individuals who violated such prohibition.
Prohibition— Actual examples under subparagraph (A) may not include any personally identifiable information regarding individuals described in such subparagraph.
Elements— The campaign required under paragraph (1) shall, at a minimum, involve—
the use of Transportation Security Administration websites, social media channels, press releases, and other means of external communication;
the production of audiovisual materials to be distributed via online video sharing platforms;
engagement with external organizations, including local and national organizations with memberships that could benefit from information regarding how to lawfully travel with a firearm in checked baggage or, in the case of an authorized law enforcement officer, lawfully enter a sterile area with a firearm;
engagement with press and media, including, to the extent practicable, local press and media in at least those cities that host airports identified biennially pursuant to paragraph (3) of subsection (m) of section 44901 of title 49, United States Code, as amended by section 2; and
engagement with transportation stakeholders, such as taxi services, public transportation systems, online platforms for ridesharing, air carriers, airport operators, and law enforcement organizations, regarding potential partnerships, including the possibility of integrating into mobile applications and websites used by passengers to reserve ground transportation to the airport, check into flights, and perform other travel-related functions warnings regarding potential criminal and civil consequences of carrying a firearm into the sterile area of an airport.
Existing efforts— The campaign required under paragraph (1) shall supplement and not supplant any other related existing campaign.
Targeted advertising—
In general— The Administrator of the Transportation Security Administration may purchase or otherwise place advertisements describing the potential criminal and civil consequences of carrying a firearm in the sterile area of an airport or on or about one’s person or property that would be accessible in flight, and actual examples of the criminal and civil consequences faced by individuals who violated such prohibition, on websites and in publications (or on or in such other advertising mediums as the Administrator determines appropriate) that target audiences seeking information concerning—
firearms or related activities;
travel, tourism, or related matters; and
such other matters the Administrator determines appropriate.
Prohibition— Actual examples under paragraph (1) may not include any personally identifiable information regarding individuals described in such paragraph.
Sec. 4 Fines
In general— Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section:
“44930. Minimum civil monetary penalties for certain firearm-related violations
“(a) In general—Not later than 60 days after the date of the enactment of this section, the Administrator of the Transportation Security Administration shall establish minimum civil monetary penalty amounts for repeat or egregious violations of subsection (a) of section 1540.111 of title 49, Code of Federal Regulations, relating to the carriage of firearms on or in an individual’s person or accessible property into the sterile area of an airport or onboard an aircraft.
“(b) Minimum civil monetary penalties for repeat violations—The minimum civil monetary penalty amount for a repeat violation of subsection (a) of section 1540.111 of title 49, Code of Federal Regulations, involving a firearm shall be—
“(1) in the case of an individual with respect to whom such a repeat violation occurs within five years of the date of the final adjudication of a previous such violation—
“(A) $10,000 for any such repeat violation involving an unloaded firearm; and
“(B) $12,500 for any such repeat violation involving a loaded firearm or unloaded firearm with accessible ammunition; and
“(2) in the case of an individual with respect to whom such a repeat violation occurs more than five years after the date of the final adjudication of a previous such violation—
“(A) $5,000 for any such repeat violation involving an unloaded firearm; and
“(B) $10,000 for any such repeat violation involving a loaded firearm or unloaded firearm with accessible ammunition.
“(c) Minimum civil monetary penalties for egregious violations—The minimum civil monetary penalty amount for an intentional or otherwise egregious violation of subsection (a) of section 1540.111 of title 49, Code of Federal Regulations, involving a firearm shall be—
“(1) $10,000 for any knowing violation in the case of a deliberate attempt to conceal such firearm; and
“(2) $5,000 for any violation which the Administrator of the Transportation Security Administration determines is otherwise egregious, including if the firearm at issue—
“(A) is known to the Administrator to—
“(i) not contain a serial number when required by law; or
“(ii) have been manufactured using additive layer manufacturing (commonly known as “3-D printing”); or
“(B) is—
“(i) of a nature or type that poses a greater risk to aviation security than firearms typically identified at passenger screening checkpoints; or
“(ii) identified with ammunition that is of a nature or type that poses a greater risk to aviation security than ammunition typically identified at passenger screening checkpoints.
“(d) Special circumstances—An individual subject to a minimum civil monetary penalty amount pursuant to subsection (a) may appeal such penalty amount or seek a reduction in such penalty amount in the case of such individual’s particular violation, including based on mitigating factors (including in accordance with subsection (e)) pursuant to procedures provided for in the Transportation Security Administration’s security regulations. The Administrator of the Transportation Security Administration may, if the Administrator determines such is appropriate, grant such appeal or reduce such penalty amount, as the case may be.
“(e) Self-disclosure—Notwithstanding any other provision of this section, the Administrator of the Transportation Security Administration may consider self-disclosure as a mitigating factor when determining the amount of a civil monetary penalty if an individual, in good faith, voluntarily discloses a violation of subsection (a) of section 1540.111 of title 49, Code of Federal Regulations, to the Transportation Security Administration, an entity authorized to conduct screening pursuant to section 44920 of title 49, United States Code, a Government representative, an employee or contractor of an airline or airport, or other appropriate authority, after the individual is present for screening at a passenger screening checkpoint but prior to the detection of such violation. The Administrator shall inform appropriate Administration passenger screening checkpoint personnel, entities authorized to conduct screening pursuant to section 44920 of title 49, United States Code, Government representatives, employees or contractors of an airline or airport, and other appropriate authorities regarding appropriate procedures for handling the self-disclosure of such a violation, including procedures for contacting law enforcement.
“(f) Payment plans—The Administrator of the Transportation Security Administration may provide payment plans for payment of civil monetary penalty amounts under this section for a violation of subsection (a) of section 1540.111 of title 49, Code of Federal Regulations, in the event an individual provides documentation of hardship.
“(g) Use of amounts from civil monetary penalties—The Administrator shall obligate and expend amounts received from the imposition of civil monetary penalties under this section for repeat or egregious violations of subsection (a) of section 1540.111 of title 49, Code of Federal Regulations, involving a firearm for the acquisition and deployment of passenger screening checkpoint technology.
“(h) Rule of construction—Nothing in this section may be interpreted as—
“(1) limiting the authority of the Administrator of the Transportation Security Administration to issue civil monetary penalty amounts that are greater than those established as minimum civil monetary penalty amounts pursuant to this section;
“(2) limiting the authority of the Administrator to establish minimum civil monetary penalty amounts with respect to first-time or non-egregious violations of section 1540.111 of title 49, Code of Federal Regulations; or
“(3) instructing the Administrator to establish a minimum civil monetary penalty amount with respect to violations involving unloaded replicas of firearms not capable of discharge.
“(i) Definition—In this section, the term “passenger screening checkpoint” means the designated area at each airport located in the United States at which the Transportation Security Administration, or an entity authorized by the Administration pursuant to section 44920, or other comparable authority, provides for the screening of passengers and carry-on baggage.”
Clerical amendment— The table of sections for chapter 449 of title 49, United States Code, is amended by inserting after the item relating to section 44929 the following new item:
Sec. 5 PreCheck eligiblity
Section 44919 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(m) Ineligibility of individuals unlawfully possessing firearms in restricted areas
“(1) In general—Any unauthorized individual who possesses a firearm after the individual is present for screening at a passenger screening checkpoint shall be ineligible for expedited security screening and prohibited from participating in the PreCheck Program for a period of time determined by the Administrator of the Transportation Security Administration in the Administrator’s sole discretion.
“(2) Request for reconsideration—The Administrator of the Transportation Security Administration shall maintain a procedure through which an individual subject to a period of ineligibility pursuant to this subsection may petition the Administrator for a reduction in the duration of such period. The Administrator may, if the Administrator determines such is appropriate, reduce such duration. Any such determination shall be in the Administrator’s sole discretion.
“(3) Definition—In this subsection, the term “passenger screening checkpoint” means the designated area at each airport located in the United States at which the Transportation Security Administration, or an entity authorized by the Administration pursuant to section 44920, or other comparable authority, provides for the screening of passengers and carry-on baggage.”
Sec. 6 Report
Not later than one year after the date of the enactment of this Act and biennially thereafter, the Administrator of the Transportation Security Administration shall submit to the appropriate congressional committees a report describing the following:
The implementation of the signage requirement under paragraph (1) of subsection (m) of section 44901 of title 49, United States Code, and the implementation of the signage requirement under paragraph (4) of such subsection (including a copy of the list of airports required to be produced biennially thereunder), as such section was amended by section 2.
The public awareness activities of the Administration relating to firearms, including activities conducted pursuant to section 3.
The number of violations of subsection (a) of section 1540.111 of title 49, Code of Federal Regulations, and any other incidents involving the unauthorized carriage of a firearm at a passenger screening checkpoint, including information regarding which such violations and incidents were committed by individuals while receiving expedited screening, during the period of time covered by each such report.
PreCheck Program revocations or denials pursuant to subsection (m) of section 44919, United States Code, as added by this Act, during the period of time covered by each such report.
Any new or evolving threats relating to, or efforts to enhance, public area security at airports as such pertains to firearms.
Such other matters relating to firearm-related threats to transportation security as the Administrator determines appropriate.
Sec. 7 Government Accountability Office review
Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a review of the Transportation Security Administration’s efforts to—
implement the provisions of this Act and the amendments made by this Act;
deter the carriage of firearms and other dangerous items at passenger screening checkpoints through means other than those required by this Act and such amendments; and
enhance public area security at airports against firearm-related threats.
Sec. 8 Definitions
In this Act:
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Passenger screening checkpoint— The term “passenger screening checkpoint” means the designated area at each airport located in the United States at which the Transportation Security Administration, or an entity authorized by the Administration pursuant to section 44920 of title 49, United States Code, or other comparable authority, provides for the screening of passengers and carry-on baggage.
Sterile area— The term “sterile area” has the meaning given such term in section 1540.5 of title 49, Code of Federal Regulations.