[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6856 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 461
117th CONGRESS
  2d Session
                                H. R. 6856

                          [Report No. 117-641]

      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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2022

   Mrs. Watson Coleman (for herself and Mr. Thompson of Mississippi) 
 introduced the following bill; which was referred to the Committee on 
                           Homeland Security

                           December 14, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 28, 2022]


_______________________________________________________________________

                                 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.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Air Travel Act''.

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.

    (a) Campaign.--
            (1) In general.--
                    (A) 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.
                    (B) Prohibition.--Actual examples under 
                subparagraph (A) may not include any personally 
                identifiable information regarding individuals 
                described in such subparagraph.
            (2) Elements.--The campaign required under paragraph (1) 
        shall, at a minimum, involve--
                    (A) the use of Transportation Security 
                Administration websites, social media channels, press 
                releases, and other means of external communication;
                    (B) the production of audiovisual materials to be 
                distributed via online video sharing platforms;
                    (C) 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;
                    (D) 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
                    (E) 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.
            (3) Existing efforts.--The campaign required under 
        paragraph (1) shall supplement and not supplant any other 
        related existing campaign.
    (b) Targeted Advertising.--
            (1) 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--
                    (A) firearms or related activities;
                    (B) travel, tourism, or related matters; and
                    (C) such other matters the Administrator determines 
                appropriate.
            (2) Prohibition.--Actual examples under paragraph (1) may 
        not include any personally identifiable information regarding 
        individuals described in such paragraph.

SEC. 4. FINES.

    (a) In General.--Subchapter I of chapter 449 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 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.''.
    (b) 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:

``44930. Minimum civil monetary penalties for certain firearm-related 
                            violations.''.

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:
            (1) 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.
            (2) The public awareness activities of the Administration 
        relating to firearms, including activities conducted pursuant 
        to section 3.
            (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.
            (4) 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.
            (5) Any new or evolving threats relating to, or efforts to 
        enhance, public area security at airports as such pertains to 
        firearms.
            (6) 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--
            (1) implement the provisions of this Act and the amendments 
        made by this Act;
            (2) 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
            (3) enhance public area security at airports against 
        firearm-related threats.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) 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.
            (3) Sterile area.--The term ``sterile area'' has the 
        meaning given such term in section 1540.5 of title 49, Code of 
        Federal Regulations.
                                                 Union Calendar No. 461

117th CONGRESS

  2d Session

                               H. R. 6856

                          [Report No. 117-641]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 14, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed