-CITE-

49 USC CHAPTER 449 - SECURITY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

-HEAD-

CHAPTER 449 - SECURITY

-MISC1-

SUBCHAPTER I - REQUIREMENTS

Sec.

44901. Screening passengers and property.

44902. Refusal to transport passengers and property.

44903. Air transportation security.

44904. Domestic air transportation system security.

44905. Information about threats to civil aviation.

44906. Foreign air carrier security programs.

44907. Security standards at foreign airports.

44908. Travel advisory and suspension of foreign assistance.

44909. Passenger manifests.

44910. Agreements on aircraft sabotage, aircraft hijacking,

and airport security.

44911. Intelligence.

44912. Research and development.

44913. Explosive detection.

44914. Airport construction guidelines.

44915. Exemptions.

44916. Assessments and evaluations.

44917. Deployment of Federal air marshals.

44918. Crew training.

44919. Security screening pilot program.

44920. Security screening opt-out program.

44921. Federal flight deck officer program.

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

[44931, 44932. Repealed.]

44933. Federal Security Managers.

44934. Foreign Security Liaison Officers.

44935. Employment standards and training.

44936. Employment investigations and restrictions.

44937. Prohibition on transferring duties and powers.

44938. Reports.

44939. Training to operate certain aircraft.

44940. Security service fee.

44941. Immunity for reporting suspicious activities.

44942. Performance goals and objectives.(!1)

44943. Performance management system.(!1)

44944. Voluntary provision of emergency services.

AMENDMENTS

2002 - Pub. L. 107-296, title XIV, Sec. 1402(b)(1), Nov. 25,

2002, 116 Stat. 2305, added item 44921.

2001 - Pub. L. 107-71, title I, Secs. 101(f)(6), 105(b), 107(b),

108(b), 113(b), 125(b), 131(b), Nov. 19, 2001, 115 Stat. 603, 607,

611, 613, 622, 632, 635, added items 44917 to 44920, 44939, 44941,

and 44944 and struck out items 44931 "Director of Intelligence and

Security" and 44932 "Assistant Administrator for Civil Aviation

Security".

Pub. L. 107-71, title I, Sec. 118(b), Nov. 19, 2001, 115 Stat.

627, which directed addition of item 44940 to the analysis for

chapter 449 without specifying the Code title to be amended, was

executed by adding item 44940 to this analysis to reflect the

probable intent of Congress.

1996 - Pub. L. 104-264, title III, Sec. 312(b), Oct. 9, 1996, 110

Stat. 3254, added item 44916.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 106, 114, 46301, 48301 of

this title; title 6 section 233.

-FOOTNOTE-

(!1) Editorially supplied. Section added by Pub. L. 107-71 without

corresponding amendment of chapter analysis.

-End-

-CITE-

49 USC SUBCHAPTER I - REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

SUBCHAPTER I - REQUIREMENTS

-End-

-CITE-

49 USC Sec. 44901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44901. Screening passengers and property

-STATUTE-

(a) In General. - The Under Secretary of Transportation for

Security shall provide for the screening of all passengers and

property, including United States mail, cargo, carry-on and checked

baggage, and other articles, that will be carried aboard a

passenger aircraft operated by an air carrier or foreign air

carrier in air transportation or intrastate air transportation. In

the case of flights and flight segments originating in the United

States, the screening shall take place before boarding and shall be

carried out by a Federal Government employee (as defined in section

2105 of title 5, United States Code), except as otherwise provided

in section 44919 or 44920 and except for identifying passengers and

baggage for screening under the CAPPS and known shipper programs

and conducting positive bag-match programs.

(b) Supervision of Screening. - All screening of passengers and

property at airports in the United States where screening is

required under this section shall be supervised by uniformed

Federal personnel of the Transportation Security Administration who

shall have the power to order the dismissal of any individual

performing such screening.

(c) Checked Baggage. - A system must be in operation to screen

all checked baggage at all airports in the United States as soon as

practicable but not later than the 60th day following the date of

enactment of the Aviation and Transportation Security Act.

(d) Explosive Detection Systems. -

(1) In general. - The Under Secretary of Transportation for

Security shall take all necessary action to ensure that -

(A) explosive detection systems are deployed as soon as

possible to ensure that all United States airports described in

section 44903(c) have sufficient explosive detection systems to

screen all checked baggage no later than December 31, 2002, and

that as soon as such systems are in place at an airport, all

checked baggage at the airport is screened by those systems;

and

(B) all systems deployed under subparagraph (A) are fully

utilized; and

(C) if explosive detection equipment at an airport is

unavailable, all checked baggage is screened by an alternative

means.

(2) Deadline. -

(A) In general. - If, in his discretion or at the request of

an airport, the Under Secretary of Transportation for Security

determines that the Transportation Security Administration is

not able to deploy explosive detection systems required to be

deployed under paragraph (1) at all airports where explosive

detection systems are required by December 31, 2002, then with

respect to each airport for which the Under Secretary makes

that determination -

(i) the Under Secretary shall submit to the Senate

Committee on Commerce, Science, and Transportation and the

House of Representatives Committee on Transportation and

Infrastructure a detailed plan (which may be submitted in

classified form) for the deployment of the number of

explosive detection systems at that airport necessary to meet

the requirements of paragraph (1) as soon as practicable at

that airport but in no event later than December 31, 2003;

and

(ii) the Under Secretary shall take all necessary action to

ensure that alternative means of screening all checked

baggage is implemented until the requirements of paragraph

(1) have been met.

(B) Criteria for determination. - In making a determination

under subparagraph (A), the Under Secretary shall take into

account -

(i) the nature and extent of the required modifications to

the airport's terminal buildings, and the technical,

engineering, design and construction issues;

(ii) the need to ensure that such installations and

modifications are effective; and

(iii) the feasibility and cost-effectiveness of deploying

explosive detection systems in the baggage sorting area or

other non-public area rather than the lobby of an airport

terminal building.

(C) Response. - The Under Secretary shall respond to the

request of an airport under subparagraph (A) within 14 days of

receiving the request. A denial of request shall create no

right of appeal or judicial review.

(D) Airport effort required. - Each airport with respect to

which the Under Secretary makes a determination under

subparagraph (A) shall -

(i) cooperate fully with the Transportation Security

Administration with respect to screening checked baggage and

changes to accommodate explosive detection systems; and

(ii) make security projects a priority for the obligation

or expenditure of funds made available under chapter 417 or

471 until explosive detection systems required to be deployed

under paragraph (1) have been deployed at that airport.

(3) Reports. - Until the Transportation Security Administration

has met the requirements of paragraph (1), the Under Secretary

shall submit a classified report every 30 days after the date of

enactment of this Act to the Senate Committee on Commerce,

Science, and Transportation and the House of Representatives

Committee on Transportation and Infrastructure describing the

progress made toward meeting such requirements at each airport.

(e) Mandatory Screening Where EDS Not Yet Available. - As soon as

practicable but not later than the 60th day following the date of

enactment of the Aviation and Transportation Security Act and until

the requirements of subsection (b)(1)(A) are met, the Under

Secretary shall require alternative means for screening any piece

of checked baggage that is not screened by an explosive detection

system. Such alternative means may include 1 or more of the

following:

(1) A bag-match program that ensures that no checked baggage is

placed aboard an aircraft unless the passenger who checked the

baggage is aboard the aircraft.

(2) Manual search.

(3) Search by canine explosive detection units in combination

with other means.

(4) Other means or technology approved by the Under Secretary.

(f) Cargo Deadline. - A system must be in operation to screen,

inspect, or otherwise ensure the security of all cargo that is to

be transported in all-cargo aircraft in air transportation and

intrastate air transportation as soon as practicable after the date

of enactment of the Aviation and Transportation Security Act.

(g) Deployment of Armed Personnel. -

(1) In general. - The Under Secretary shall order the

deployment of law enforcement personnel authorized to carry

firearms at each airport security screening location to ensure

passenger safety and national security.

(2) Minimum requirements. - Except at airports required to

enter into agreements under subsection (c), the Under Secretary

shall order the deployment of at least 1 law enforcement officer

at each airport security screening location. At the 100 largest

airports in the United States, in terms of annual passenger

enplanements for the most recent calendar year for which data are

available, the Under Secretary shall order the deployment of

additional law enforcement personnel at airport security

screening locations if the Under Secretary determines that the

additional deployment is necessary to ensure passenger safety and

national security.

(h) Exemptions and Advising Congress on Regulations. - The Under

Secretary -

(1) may exempt from this section air transportation operations,

except scheduled passenger operations of an air carrier providing

air transportation under a certificate issued under section 41102

of this title or a permit issued under section 41302 of this

title; and

(2) shall advise Congress of a regulation to be prescribed

under this section at least 30 days before the effective date of

the regulation, unless the Under Secretary decides an emergency

exists requiring the regulation to become effective in fewer than

30 days and notifies Congress of that decision.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1204; Pub. L.

107-71, title I, Secs. 101(f)(7), 110(b), Nov. 19, 2001, 115 Stat.

603, 614; Pub. L. 107-296, title IV, Sec. 425, Nov. 25, 2002, 116

Stat. 2185.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44901(a) 49 App.:1356(a) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, 72 Stat. 731, Sec.

315(a) (1st, 2d sentences,

3d sentence 19th-last

words); added Aug. 5, 1974,

Pub. L. 93-366, Sec. 202, 88

Stat. 415; Aug. 8, 1985,

Pub. L. 99-83, Sec.

551(b)(1), 99 Stat. 225.

44901(b) 49 App.:1356(a) (2d

sentence).

44901(c)(1) 49 App.:1356(c). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

315(c); added Aug. 5, 1974,

Pub. L. 93-366, Sec. 202, 88

Stat. 415; Nov. 16, 1990,

Pub. L. 101-604, Sec.

102(a), 104 Stat. 3068.

44901(c)(2) 49 App.:1356(a) (3d

sentence 19th-last

words).

--------------------------------------------------------------------

In subsection (a), the words "or continue in effect reasonable",

"intended", and "the aircraft for such transportation" are omitted

as surplus.

In subsection (b), the words "Notwithstanding subsection (a) of

this section" are added for clarity. The words "One year after

August 5, 1974, or after the effective date of such regulations,

whichever is later" are omitted as executed. The words "alter or",

"a continuation of", "the extent deemed necessary to", and "acts

of" are omitted as surplus.

In subsection (c)(1), the words "in whole or in part" and "those"

are omitted as surplus. The word "providing" is substituted for

"engaging in" for consistency in the revised title. The words

"interstate, overseas, or foreign" are omitted because of the

definition of "air transportation" in section 40102(a) of the

revised title. The words "of public convenience and necessity", "by

the Civil Aeronautics Board", "foreign air carrier", and "by the

Board" are omitted as surplus.

In subsection (c)(2), the words "or amendments thereto" and "or

amendments" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsecs. (c), (e), and (f), is the date of

enactment of Pub. L. 107-71, which was approved Nov. 19, 2001.

The date of enactment of this Act, referred to in subsec. (d)(3),

probably means the date of enactment of Pub. L. 107-296, which

enacted subsec. (d)(2), (3) of this section and was approved Nov.

25, 2002.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(2), (3). Pub. L. 107-296 added pars. (2) and

(3).

2001 - Subsec. (a). Pub. L. 107-71, Sec. 110(b)(2), added subsec.

(a) and struck out heading and text of former subsec. (a). Text

read as follows: "The Administrator of the Federal Aviation

Administration shall prescribe regulations requiring screening of

all passengers and property that will be carried in a cabin of an

aircraft in air transportation or intrastate air transportation.

The screening must take place before boarding and be carried out by

a weapon-detecting facility or procedure used or operated by an

employee or agent of an air carrier, intrastate air carrier, or

foreign air carrier."

Subsec. (b). Pub. L. 107-71, Sec. 110(b)(2), added subsec. (b)

and struck out heading and text of former subsec. (b). Text read as

follows: "Notwithstanding subsection (a) of this section, the

Administrator may amend a regulation prescribed under subsection

(a) to require screening only to ensure security against criminal

violence and aircraft piracy in air transportation and intrastate

air transportation."

Subsec. (c). Pub. L. 107-71, Sec. 110(b)(2), added subsec. (c).

Former subsec. (c) redesignated (h).

Pub. L. 107-71, Sec. 101(f)(7), substituted "Under Secretary" for

"Administrator" in introductory provisions and par. (2).

Subsec. (d) to (g). Pub. L. 107-71, Sec. 110(b)(2), added

subsecs. (d) to (g).

Subsec. (h). Pub. L. 107-71, Sec. 110(b)(1), redesignated subsec.

(c) as (h).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

SAVINGS PROVISION

Pub. L. 107-71, title I, Sec. 141, Nov. 19, 2001, 115 Stat. 643,

provided that:

"(a) Transfer of Assets and Personnel. - Except as otherwise

provided in this Act [see Tables for classification], those

personnel, property, and records employed, used, held, available,

or to be made available in connection with a function transferred

to the Transportation Security Administration by this Act shall be

transferred to the Transportation Security Administration for use

in connection with the functions transferred. Unexpended balances

of appropriations, allocations, and other funds made available to

the Federal Aviation Administration to carry out such functions

shall also be transferred to the Transportation Security

Administration for use in connection with the functions

transferred.

"(b) Legal Documents. - All orders, determinations, rules,

regulations, permits, grants, loans, contracts, settlements,

agreements, certificates, licenses, and privileges -

"(1) that have been issued, made, granted, or allowed to become

effective by the Federal Aviation Administration, any officer or

employee thereof, or any other Government official, or by a court

of competent jurisdiction, in the performance of any function

that is transferred by this Act; and

"(2) that are in effect on the effective date of such transfer

(or become effective after such date pursuant to their terms as

in effect on such effective date), shall continue in effect

according to their terms until modified, terminated, superseded,

set aside, or revoked in accordance with law by the Under

Secretary of Transportation for Security, any other authorized

official, a court of competent jurisdiction, or operation of law.

"(c) Proceedings. -

"(1) In general. - The provisions of this Act shall not affect

any proceedings or any application for any license pending before

the Federal Aviation Administration at the time this Act takes

effect [Nov. 19, 2001], insofar as those functions are

transferred by this Act; but such proceedings and applications,

to the extent that they relate to functions so transferred, shall

be continued. Orders shall be issued in such proceedings, appeals

shall be taken therefrom, and payments shall be made pursuant to

such orders, as if this Act had not been enacted; and orders

issued in any such proceedings shall continue in effect until

modified, terminated, superseded, or revoked by a duly authorized

official, by a court of competent jurisdiction, or by operation

of law.

"(2) Statutory construction. - Nothing in this subsection shall

be deemed to prohibit the discontinuance or modification of any

proceeding described in paragraph (1) under the same terms and

conditions and to the same extent that such proceeding could have

been discontinued or modified if this Act had not been enacted.

"(3) Orderly transfer. - The Secretary of Transportation is

authorized to provide for the orderly transfer of pending

proceedings from the Federal Aviation Administration.

"(d) Suits. -

"(1) In general. - This Act shall not affect suits commenced

before the date of the enactment of this Act [Nov. 19, 2001],

except as provided in paragraphs (2) and (3). In all such suits,

proceeding shall be had, appeals taken, and judgments rendered in

the same manner and with the same effect as if this Act had not

been enacted.

"(2) Suits by or against faa. - Any suit by or against the

Federal Aviation Administration begun before the date of the

enactment of this Act shall be continued, insofar as it involves

a function retained and transferred under this Act, with the

Transportation Security Administration (to the extent the suit

involves functions transferred to the Transportation Security

Administration under this Act) substituted for the Federal

Aviation Administration.

"(3) Remanded cases. - If the court in a suit described in

paragraph (1) remands a case to the Transportation Security

Administration, subsequent proceedings related to such case shall

proceed in accordance with applicable law and regulations as in

effect at the time of such subsequent proceedings.

"(e) Continuance of Actions Against Officers. - No suit, action,

or other proceeding commenced by or against any officer in his

official capacity as an officer of the Federal Aviation

Administration shall abate by reason of the enactment of this Act.

No cause of action by or against the Federal Aviation

Administration, or by or against any officer thereof in his

official capacity, shall abate by reason of the enactment of this

Act.

"(f) Exercise of Authorities. - Except as otherwise provided by

law, an officer or employee of the Transportation Security

Administration may, for purposes of performing a function

transferred by this Act or the amendments made by this Act,

exercise all authorities under any other provision of law that were

available with respect to the performance of that function to the

official responsible for the performance of the function

immediately before the effective date of the transfer of the

function under this Act.

"(g) Act Defined. - In this section, the term 'Act' includes the

amendments made by this Act."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC3-

TRANSITION PROVISIONS

Pub. L. 107-71, title I, Sec. 101(g), Nov. 19, 2001, 115 Stat.

603, provided that:

"(1) Schedule for assumption of civil aviation security

functions. - Not later than 3 months after the date of enactment of

this Act [Nov. 19, 2001], the Under Secretary of Transportation for

Security shall assume civil aviation security functions and

responsibilities under chapter 449 of title 49, United States Code,

as amended by this Act, in accordance with a schedule to be

developed by the Secretary of Transportation, in consultation with

air carriers, foreign air carriers, and the Administrator of the

Federal Aviation Administration. The Under Secretary shall publish

an appropriate notice of the transfer of such security functions

and responsibilities before assuming the functions and

responsibilities.

"(2) Assumption of contracts. - As of the date specified in

paragraph (1), the Under Secretary may assume the rights and

responsibilities of an air carrier or foreign air carrier contract

for provision of passenger screening services at airports in the

United States described in section 44903(c), subject to payment of

adequate compensation to parties to the contract, if any.

"(3) Assignment of contracts. -

"(A) In general. - Upon request of the Under Secretary, an air

carrier or foreign air carrier carrying out a screening or

security function under chapter 449 of title 49, United States

Code, may enter into an agreement with the Under Secretary to

transfer any contract the carrier has entered into with respect

to carrying out the function, before the Under Secretary assumes

responsibility for the function.

"(B) Schedule. - The Under Secretary may enter into an

agreement under subparagraph (A) as soon as possible, but not

later than 90 days after the date of enactment of this Act [Nov.

19, 2001]. The Under Secretary may enter into such an agreement

for one 180-day period and may extend such agreement for one

90-day period if the Under Secretary determines it necessary.

"(4) Transfer of ownership. - In recognition of the assumption of

the financial costs of security screening of passengers and

property at airports, and as soon as practical after the date of

enactment of this Act [Nov. 19, 2001], air carriers may enter into

agreements with the Under Secretary to transfer the ownership, at

no cost to the United States Government, of any personal property,

equipment, supplies, or other material associated with such

screening, regardless of the source of funds used to acquire the

property, that the Secretary determines to be useful for the

performance of security screening of passengers and property at

airports.

"(5) Performance of under secretary's functions during interim

period. - Until the Under Secretary takes office, the functions of

the Under Secretary that relate to aviation security may be carried

out by the Secretary or the Secretary's designee."

DEADLINE FOR DEPLOYMENT OF FEDERAL SCREENERS

Pub. L. 107-71, title I, Sec. 110(c), Nov. 19, 2001, 115 Stat.

616, provided that:

"(1) In general. - Not later than 1 year after the date of

enactment of this Act [Nov. 19, 2001], the Under Secretary of

Transportation for Security shall deploy at all airports in the

United States where screening is required under section 44901 of

title 49, United States Code, a sufficient number of Federal

screeners, Federal Security Managers, Federal security personnel,

and Federal law enforcement officers to conduct the screening of

all passengers and property under section 44901 of such title at

such airports.

"(2) Certification to congress. - Not later than 1 year after the

date of enactment of this Act, the Under Secretary shall transmit

to Congress a certification that the requirement of paragraph (1)

has been met."

REPORTS

Pub. L. 107-71, title I, Sec. 110(d), Nov. 19, 2001, 115 Stat.

616, provided that:

"(1) Deployment. - Within 6 months after the date of enactment of

this Act [Nov. 19, 2001], the Under Secretary of Transportation for

Security shall report to the Committee on Commerce, Science, and

Transportation of the Senate and to the Committee on Transportation

and Infrastructure of the House of Representatives on the

deployment of the systems required by section 44901(c) of title 49,

United States Code. The Under Secretary shall include in the report

-

"(A) an installation schedule;

"(B) the dates of installation of each system; and

"(C) the date on which each system installed is operational.

"(2) Screening of small aircraft. - Within 1 year after the date

of enactment of this Act [Nov. 19, 2001], the Under Secretary of

Transportation for Security shall transmit a report to the

Committee on Commerce, Science, and Transportation of the Senate

and Committee on Transportation and Infrastructure of the House of

Representatives on the screening requirements applicable to

passengers boarding, and property being carried aboard, aircraft

with 60 seats or less used in scheduled passenger service with

recommendations for any necessary changes in those requirements."

INSTALLATION OF ADVANCED SECURITY EQUIPMENT; AGREEMENTS

Pub. L. 104-264, title III, Sec. 305(b), Oct. 9, 1996, 110 Stat.

3252, provided that: "The Administrator is authorized to use

noncompetitive or cooperative agreements with air carriers and

airport authorities that provide for the Administrator to purchase

and assist in installing advanced security equipment for the use of

such entities."

PASSENGER PROFILING

Pub. L. 104-264, title III, Sec. 307, Oct. 9, 1996, 110 Stat.

3253, provided that: "The Administrator of the Federal Aviation

Administration, the Secretary of Transportation, the intelligence

community, and the law enforcement community should continue to

assist air carriers in developing computer-assisted passenger

profiling programs and other appropriate passenger profiling

programs which should be used in conjunction with other security

measures and technologies."

AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY PROGRAMS AND

ACTIVITIES

Pub. L. 104-264, title III, Sec. 308, Oct. 9, 1996, 110 Stat.

3253, provided that:

"(a) In General. - Notwithstanding any other provision of law,

funds referred to in subsection (b) may be used for the improvement

of facilities and the purchase and deployment of equipment to

enhance and ensure the safety and security of passengers and other

persons involved in air travel.

"(b) Covered Funds. - The following funds may be used under

subsection (a):

"(1) Project grants made under subchapter I of chapter 471 of

title 49, United States Code.

"(2) Passenger facility fees collected under section 40117 of

title 49, United States Code."

INSTALLATION AND USE OF EXPLOSIVE DETECTION EQUIPMENT

Pub. L. 101-45, title I, June 30, 1989, 103 Stat. 110, provided

in part that: "Not later than thirty days after the date of the

enactment of this Act [June 30, 1989], the Federal Aviation

Administrator shall initiate action, including such rulemaking or

other actions as necessary, to require the use of explosive

detection equipment that meets minimum performance standards

requiring application of technology equivalent to or better than

thermal neutron analysis technology at such airports (whether

located within or outside the United States) as the Administrator

determines that the installation and use of such equipment is

necessary to ensure the safety of air commerce. The Administrator

shall complete these actions within sixty days of enactment of this

Act".

RESEARCH AND DEVELOPMENT OF IMPROVED AIRPORT SECURITY SYSTEMS

Pub. L. 100-649, Sec. 2(d), Nov. 10, 1988, 102 Stat. 3817,

provided that: "The Administrator of the Federal Aviation

Administration shall conduct such research and development as may

be necessary to improve the effectiveness of airport security metal

detectors and airport security x-ray systems in detecting firearms

that, during the 10-year period beginning on the effective date of

this Act [see Effective Date of 1988 Amendment; Sunset Provision

note set out under section 922 of Title 18, Crimes and Criminal

Procedure], are subject to the prohibitions of section 922(p) of

title 18, United States Code."

-CROSS-

DEFINITIONS OF TERMS IN PUB. L. 107-71

For definitions of terms used in sections 101(g) and 110(c), (d),

of Pub. L. 107-71, set out above, see section 133 of Pub. L.

107-71, set out as a note under section 40102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 114, 40109, 44902,

44915, 44919, 44920, 44935, 44936, 44938, 44940, 46314 of this

title; title 6 section 233.

-End-

-CITE-

49 USC Sec. 44902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44902. Refusal to transport passengers and property

-STATUTE-

(a) Mandatory Refusal. - The Under Secretary of Transportation

for Security shall prescribe regulations requiring an air carrier,

intrastate air carrier, or foreign air carrier to refuse to

transport -

(1) a passenger who does not consent to a search under section

44901(a) of this title establishing whether the passenger is

carrying unlawfully a dangerous weapon, explosive, or other

destructive substance; or

(2) property of a passenger who does not consent to a search of

the property establishing whether the property unlawfully

contains a dangerous weapon, explosive, or other destructive

substance.

(b) Permissive Refusal. - Subject to regulations of the Under

Secretary, an air carrier, intrastate air carrier, or foreign air

carrier may refuse to transport a passenger or property the carrier

decides is, or might be, inimical to safety.

(c) Agreeing to Consent to Search. - An agreement to carry

passengers or property in air transportation or intrastate air

transportation by an air carrier, intrastate air carrier, or

foreign air carrier is deemed to include an agreement that the

passenger or property will not be carried if consent to search the

passenger or property for a purpose referred to in this section is

not given.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1204; Pub. L.

107-71, title I, Sec. 101(f)(7), (9), Nov. 19, 2001, 115 Stat.

603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44902(a) 49 App.:1511(a) Aug. 23, 1958, Pub. L.

(1st sentence). 85-726, 72 Stat. 731, Sec.

1111; added Sept. 5, 1961,

Pub. L. 87-197, Sec. 4, 75

Stat. 467; restated Aug. 5,

1974, Pub. L. 93-366, Sec.

204, 88 Stat. 418.

44902(b) 49 App.:1511(a)

(last sentence).

44902(c) 49 App.:1511(b).

--------------------------------------------------------------------

In this section, the word "passenger" is substituted for "person"

for consistency in the revised title.

In subsection (a)(1), the words "of his person" are omitted as

surplus.

In subsection (a)(2), the words "or inspection" are omitted as

surplus.

In subsection (b), the words "reasonable" and "also" are omitted

as surplus. The word "rules" is omitted as being synonymous with

"regulations". The words "the carrier decides is" are substituted

for "when, in the opinion of the carrier, such transportation

would" to eliminate unnecessary words. The words "of flight" are

omitted as surplus.

In subsection (c), the words "for compensation or hire" are

omitted because of the definitions of "air transportation" and

"intrastate air transportation" in section 40102(a) of the revised

title. The word "inspect" is omitted as surplus.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71 substituted "Under Secretary

of Transportation for Security" for "Administrator of the Federal

Aviation Administration" in introductory provisions.

Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46301, 46316 of this

title.

-End-

-CITE-

49 USC Sec. 44903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44903. Air transportation security

-STATUTE-

(a) Definition. - In this section, "law enforcement personnel"

means individuals -

(1) authorized to carry and use firearms;

(2) vested with the degree of the police power of arrest the

Under Secretary of Transportation for Security considers

necessary to carry out this section; and

(3) identifiable by appropriate indicia of authority.

(b) Protection Against Violence and Piracy. - The Under Secretary

shall prescribe regulations to protect passengers and property on

an aircraft operating in air transportation or intrastate air

transportation against an act of criminal violence or aircraft

piracy. When prescribing a regulation under this subsection, the

Under Secretary shall -

(1) consult with the Secretary of Transportation, the Attorney

General, the heads of other departments, agencies, and

instrumentalities of the United States Government, and State and

local authorities;

(2) consider whether a proposed regulation is consistent with -

(A) protecting passengers; and

(B) the public interest in promoting air transportation and

intrastate air transportation;

(3) to the maximum extent practicable, require a uniform

procedure for searching and detaining passengers and property to

ensure -

(A) their safety; and

(B) courteous and efficient treatment by an air carrier, an

agent or employee of an air carrier, and Government, State, and

local law enforcement personnel carrying out this section; and

(4) consider the extent to which a proposed regulation will

carry out this section.

(c) Security Programs. - (1) The Under Secretary shall prescribe

regulations under subsection (b) of this section that require each

operator of an airport regularly serving an air carrier holding a

certificate issued by the Secretary of Transportation to establish

an air transportation security program that provides a law

enforcement presence and capability at each of those airports that

is adequate to ensure the safety of passengers. The regulations

shall authorize the operator to use the services of qualified

State, local, and private law enforcement personnel. When the Under

Secretary decides, after being notified by an operator in the form

the Under Secretary prescribes, that not enough qualified State,

local, and private law enforcement personnel are available to carry

out subsection (b), the Under Secretary may authorize the operator

to use, on a reimbursable basis, personnel employed by the Under

Secretary, or by another department, agency, or instrumentality of

the Government with the consent of the head of the department,

agency, or instrumentality, to supplement State, local, and private

law enforcement personnel. When deciding whether additional

personnel are needed, the Under Secretary shall consider the number

of passengers boarded at the airport, the extent of anticipated

risk of criminal violence or aircraft piracy at the airport or to

the air carrier aircraft operations at the airport, and the

availability of qualified State or local law enforcement personnel

at the airport.

(2)(A) The Under Secretary may approve a security program of an

airport operator, or an amendment in an existing program, that

incorporates a security program of an airport tenant (except an air

carrier separately complying with part 108 or 129 of title 14, Code

of Federal Regulations) having access to a secured area of the

airport, if the program or amendment incorporates -

(i) the measures the tenant will use, within the tenant's

leased areas or areas designated for the tenant's exclusive use

under an agreement with the airport operator, to carry out the

security requirements imposed by the Under Secretary on the

airport operator under the access control system requirements of

section 107.14 of title 14, Code of Federal Regulations, or under

other requirements of part 107 of title 14; and

(ii) the methods the airport operator will use to monitor and

audit the tenant's compliance with the security requirements and

provides that the tenant will be required to pay monetary

penalties to the airport operator if the tenant fails to carry

out a security requirement under a contractual provision or

requirement imposed by the airport operator.

(B) If the Under Secretary approves a program or amendment

described in subparagraph (A) of this paragraph, the airport

operator may not be found to be in violation of a requirement of

this subsection or subsection (b) of this section when the airport

operator demonstrates that the tenant or an employee, permittee, or

invitee of the tenant is responsible for the violation and that the

airport operator has complied with all measures in its security

program for securing compliance with its security program by the

tenant.

(C) Maximum use of chemical and biological weapon detection

equipment. - The Secretary of Transportation may require airports

to maximize the use of technology and equipment that is designed to

detect or neutralize potential chemical or biological weapons.

(3) Pilot programs. - The Administrator shall establish pilot

programs in no fewer than 20 airports to test and evaluate new and

emerging technology for providing access control and other security

protections for closed or secure areas of the airports. Such

technology may include biometric or other technology that ensures

only authorized access to secure areas.

(d) Authorizing Individuals To Carry Firearms and Make Arrests. -

With the approval of the Attorney General and the Secretary of

State, the Secretary of Transportation may authorize an individual

who carries out air transportation security duties -

(1) to carry firearms; and

(2) to make arrests without warrant for an offense against the

United States committed in the presence of the individual or for

a felony under the laws of the United States, if the individual

reasonably believes the individual to be arrested has committed

or is committing a felony.

(e) Exclusive Responsibility Over Passenger Safety. - The Under

Secretary has the exclusive responsibility to direct law

enforcement activity related to the safety of passengers on an

aircraft involved in an offense under section 46502 of this title

from the moment all external doors of the aircraft are closed

following boarding until those doors are opened to allow passengers

to leave the aircraft. When requested by the Under Secretary, other

departments, agencies, and instrumentalities of the Government

shall provide assistance necessary to carry out this subsection.

(f) Government and Industry Consortia. - The Under Secretary may

establish at airports such consortia of government and aviation

industry representatives as the Under Secretary may designate to

provide advice on matters related to aviation security and safety.

Such consortia shall not be considered Federal advisory committees

for purposes of the Federal Advisory Committee Act (5 U.S.C. App.).

(g) Improvement of Secured-Area Access Control. -

(1) Enforcement. -

(A) Under Secretary to publish sanctions. - The Under

Secretary shall publish in the Federal Register a list of

sanctions for use as guidelines in the discipline of employees

for infractions of airport access control requirements. The

guidelines shall incorporate a progressive disciplinary

approach that relates proposed sanctions to the severity or

recurring nature of the infraction and shall include measures

such as remedial training, suspension from security-related

duties, suspension from all duties without pay, and termination

of employment.

(B) Use of sanctions. - Each airport operator, air carrier,

and security screening company shall include the list of

sanctions published by the Under Secretary in its security

program. The security program shall include a process for

taking prompt disciplinary action against an employee who

commits an infraction of airport access control requirements.

(2) Improvements. - The Under Secretary shall -

(A) work with airport operators and air carriers to implement

and strengthen existing controls to eliminate airport access

control weaknesses;

(B) require airport operators and air carriers to develop and

implement comprehensive and recurring training programs that

teach employees their roles in airport security, the importance

of their participation, how their performance will be

evaluated, and what action will be taken if they fail to

perform;

(C) require airport operators and air carriers to develop and

implement programs that foster and reward compliance with

airport access control requirements and discourage and penalize

noncompliance in accordance with guidelines issued by the Under

Secretary to measure employee compliance;

(D) on an ongoing basis, assess and test for compliance with

access control requirements, report annually findings of the

assessments, and assess the effectiveness of penalties in

ensuring compliance with security procedures and take any other

appropriate enforcement actions when noncompliance is found;

(E) improve and better administer the Under Secretary's

security database to ensure its efficiency, reliability, and

usefulness for identification of systemic problems and

allocation of resources;

(F) improve the execution of the Under Secretary's quality

control program; and

(G) work with airport operators to strengthen access control

points in secured areas (including air traffic control

operations areas, maintenance areas, crew lounges, baggage

handling areas, concessions, and catering delivery areas) to

ensure the security of passengers and aircraft and consider the

deployment of biometric or similar technologies that identify

individuals based on unique personal characteristics.

(h) Improved Airport Perimeter Access Security. -

(1) In general. - The Under Secretary, in consultation with the

airport operator and law enforcement authorities, may order the

deployment of such personnel at any secure area of the airport as

necessary to counter the risk of criminal violence, the risk of

aircraft piracy at the airport, the risk to air carrier aircraft

operations at the airport, or to meet national security concerns.

(2) Security of aircraft and ground access to secure areas. -

In determining where to deploy such personnel, the Under

Secretary shall consider the physical security needs of air

traffic control facilities, parked aircraft, aircraft servicing

equipment, aircraft supplies (including fuel), automobile parking

facilities within airport perimeters or adjacent to secured

facilities, and access and transition areas at airports served by

other means of ground or water transportation.

(3) Deployment of federal law enforcement personnel. - The

Secretary may enter into a memorandum of understanding or other

agreement with the Attorney General or the head of any other

appropriate Federal law enforcement agency to deploy Federal law

enforcement personnel at an airport in order to meet aviation

safety and security concerns.

(4) Airport perimeter screening. - The Under Secretary -

(A) shall require, as soon as practicable after the date of

enactment of this subsection, screening or inspection of all

individuals, goods, property, vehicles, and other equipment

before entry into a secured area of an airport in the United

States described in section 44903(c);

(B) shall prescribe specific requirements for such screening

and inspection that will assure at least the same level of

protection as will result from screening of passengers and

their baggage;

(C) shall establish procedures to ensure the safety and

integrity of -

(i) all persons providing services with respect to aircraft

providing passenger air transportation or intrastate air

transportation and facilities of such persons at an airport

in the United States described in section 44903(c);

(ii) all supplies, including catering and passenger

amenities, placed aboard such aircraft, including the sealing

of supplies to ensure easy visual detection of tampering; and

(iii) all persons providing such supplies and facilities of

such persons;

(D) shall require vendors having direct access to the

airfield and aircraft to develop security programs; and

(E) may provide for the use of biometric or other technology

that positively verifies the identity of each employee and law

enforcement officer who enters a secure area of an airport.

(i) Authority to Arm Flight Deck Crew With Less-Than-Lethal

Weapons. -

(1) In general. - If the Under Secretary, after receiving the

recommendations of the National Institute of Justice, determines,

with the approval of the Attorney General and the Secretary of

State, that it is appropriate and necessary and would effectively

serve the public interest in avoiding air piracy, the Under

Secretary may authorize members of the flight deck crew on any

aircraft providing air transportation or intrastate air

transportation to carry a less-than-lethal weapon while the

aircraft is engaged in providing such transportation.

(2) Usage. - If the Under Secretary grants authority under

paragraph (1) for flight deck crew members to carry a

less-than-lethal weapon while engaged in providing air

transportation or intrastate air transportation, the Under

Secretary shall -

(A) prescribe rules requiring that any such crew member be

trained in the proper use of the weapon; and

(B) prescribe guidelines setting forth the circumstances

under which such weapons may be used.

(3) Request of air carriers to use less-than-lethal weapons. -

If, after the date of enactment of this paragraph, the Under

Secretary receives a request from an air carrier for

authorization to allow pilots of the air carrier to carry

less-than-lethal weapons, the Under Secretary shall respond to

that request within 90 days.

(j) Short-Term Assessment and Deployment of Emerging Security

Technologies and Procedures. -

(1) In general. - The Under Secretary of Transportation for

Security shall recommend to airport operators, within 6 months

after the date of enactment of the Aviation and Transportation

Security Act, commercially available measures or procedures to

prevent access to secure airport areas by unauthorized persons.

As part of the 6-month assessment, the Under Secretary for

Transportation Security shall -

(A) review the effectiveness of biometrics systems currently

in use at several United States airports, including San

Francisco International;

(B) review the effectiveness of increased surveillance at

access points;

(C) review the effectiveness of card- or keypad-based access

systems;

(D) review the effectiveness of airport emergency exit

systems and determine whether those that lead to secure areas

of the airport should be monitored or how breaches can be

swiftly responded to; and

(E) specifically target the elimination of the

"piggy-backing" phenomenon, where another person follows an

authorized person through the access point.

The 6-month assessment shall include a 12-month deployment

strategy for currently available technology at all category X

airports, as defined in the Federal Aviation Administration

approved air carrier security programs required under part 108 of

title 14, Code of Federal Regulations. Not later than 18 months

after the date of enactment of this Act, the Secretary of

Transportation shall conduct a review of reductions in

unauthorized access at these airports.

(2) Computer-assisted passenger prescreening system. -

(A) In general. - The Secretary of Transportation shall

ensure that the Computer-Assisted Passenger Prescreening

System, or any successor system -

(i) is used to evaluate all passengers before they board an

aircraft; and

(ii) includes procedures to ensure that individuals

selected by the system and their carry-on and checked baggage

are adequately screened.

(B) Modifications. - The Secretary of Transportation may

modify any requirement under the Computer-Assisted Passenger

Prescreening System for flights that originate and terminate

within the same State, if the Secretary determines that -

(i) the State has extraordinary air transportation needs or

concerns due to its isolation and dependence on air

transportation; and

(ii) the routine characteristics of passengers, given the

nature of the market, regularly triggers primary selectee

status.

(k) Limitation on Liability for Acts To Thwart Criminal Violence

or Aircraft Piracy. - An individual shall not be liable for damages

in any action brought in a Federal or State court arising out of

the acts of the individual in attempting to thwart an act of

criminal violence or piracy on an aircraft if that individual

reasonably believed that such an act of criminal violence or piracy

was occurring or was about to occur.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1205; Pub. L.

106-181, title VII, Sec. 717, Apr. 5, 2000, 114 Stat. 163; Pub. L.

106-528, Secs. 4, 6, Nov. 22, 2000, 114 Stat. 2520, 2521; Pub. L.

107-71, title I, Secs. 101(f)(7)-(9), 106(a), (c), (d), 120,

126(b), 136, 144, Nov. 19, 2001, 115 Stat. 603, 608-610, 629, 632,

636, 644; Pub. L. 107-296, title XIV, Secs. 1405, 1406, Nov. 25,

2002, 116 Stat. 2307.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44903(a) 49 App.:1357(f). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

316(a), (b), (e)(2), (3),

(f); added Aug. 5, 1974,

Pub. L. 93-366, Sec. 202, 88

Stat. 415, 417.

44903(b) 49 App.:1357(a).

44903(c)(1) 49 App.:1357(b).

44903(c)(2) 49 App.:1357(g). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

316(g); added Aug. 15, 1990,

Pub. L. 101-370, Sec. 2, 104

Stat. 451.

44903(d) 49 App.:1356b. Aug. 8, 1985, Pub. L. 99-83,

Sec. 553(b), 99 Stat. 226.

44903(e) 49 App.:1357(e)(2),

(3).

--------------------------------------------------------------------

In this section, the word "passengers" is substituted for

"persons" for consistency in the revised title.

In subsection (a)(2), the words "the degree of" are substituted

for "such" for clarity.

In subsection (b), before clause (1), the word "rules" is omitted

as being synonymous with "regulations". The words "such reasonable

. . . requiring such practices, methods, and procedures, or

governing the design, materials, and construction of aircraft, as

he may deem necessary" are omitted as surplus. The word "air" after

"intrastate" is added for clarity and consistency. The words "and

amending" are omitted as surplus. In clause (1), the words "the

heads of other departments, agencies, and instrumentalities of the

United States Government, and State and local authorities" are

substituted for "such other Federal, State, and local agencies" for

consistency in the revised title and with other titles of the

United States Code. The words "as he may deem appropriate" are

omitted as surplus. In clause (2)(A), the words "in air

transportation or intrastate air transportation against acts of

criminal violence and aircraft piracy" are omitted as surplus. In

clause (3), before subclause (A), the words "inspection" and "in

air transportation and intrastate air transportation" are omitted

as surplus. In subclause (B), the words "that they will receive"

and "any air transportation security program established under" are

omitted as surplus. In clause (4), the words "contribute to . . .

the purposes of" are omitted as surplus.

In subsection (c)(1), the words "traveling in air transportation

or intrastate air transportation from acts of criminal violence and

aircraft piracy" and "whose services are made available by their

employers" are omitted as surplus. The words "department, agency,

or instrumentality of the Government" are substituted for "Federal

department or agency" for consistency in the revised title and with

other titles of the Code. The word "When" is substituted for "In

any case in which" to eliminate unnecessary words. The words

"receipt of", "by order", "the services of", "directly", and "at

the airport concerned in such numbers and for such period of time

as the Administrator may deem necessary" are omitted as surplus.

The words "When deciding whether additional personnel are needed"

are substituted for "In making the determination referred to in the

preceding sentence" for clarity.

In subsection (c)(2)(A), before clause (i), the words "under this

section" are omitted as surplus. The words "or an amendment in an

existing program" are substituted for "and may approve an amendment

to a security program of an airport operator approved by the

Administrator under subsection (b)" to eliminate unnecessary words.

In clause (ii), the word "monetary" is substituted for "financial"

for consistency.

In subsection (e), the words "Notwithstanding any other

provisions of law", "the commission of", "considered", and "the

moment when" before "such door" are omitted as surplus. The words

"to allow passengers to leave" are substituted for

"disembarkation", and the words "the aircraft" are added, for

clarity. The words "departments, agencies, and instrumentalities of

the Government" are substituted for "Federal departments and

agencies" for consistency in the revised title and with other

titles of the Code. The words "as may be . . . the purposes of" are

omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (f),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

The date of enactment of this subsection, referred to in subsec.

(h)(4)(A), is the date of enactment of Pub. L. 107-71, which was

approved Nov. 19, 2001.

The date of enactment of this paragraph, referred to in subsec.

(i)(3), is the date of enactment of Pub. L. 107-296, which was

approved Nov. 25, 2002.

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsec. (j)(1), is the date of enactment of

Pub. L. 107-71, which was approved Nov. 19, 2001.

The date of enactment of this Act, referred to in subsec. (j)(1),

probably means the date of enactment of Pub. L. 107-71, which

enacted subsec. (j), originally (i), of this section and which was

approved Nov. 19, 2001.

-MISC2-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-296, Sec. 1406(3), redesignated

subsec. (h), relating to limitation on liability for acts to thwart

criminal violence or aircraft piracy, as (k).

Pub. L. 107-296, Sec. 1406(2), redesignated subsec. (h), relating

to authority to arm flight deck crews with less-than-lethal

weapons, as (i).

Subsec. (i). Pub. L. 107-296, Sec. 1406(2), redesignated subsec.

(h), relating to authority to arm flight deck crews with

less-than-lethal weapons, as (i). Former subsec. (i) redesignated

(j).

Subsec. (i)(1). Pub. L. 107-296, Sec. 1405(b)(1), substituted "If

the Under Secretary" for "If the Secretary" and "the Under

Secretary may" for "the Secretary may".

Subsec. (i)(2). Pub. L. 107-296, Sec. 1405(b)(2), substituted

"Under Secretary" for "Secretary" in two places in introductory

provisions.

Subsec. (i)(3). Pub. L. 107-296, Sec. 1405(a), added par. (3).

Subsec. (j). Pub. L. 107-296, Sec. 1406(1), redesignated subsec.

(i) as (j).

Subsec. (k). Pub. L. 107-296, Sec. 1406(3), redesignated subsec.

(h), relating to limitation on liability for acts to thwart

criminal violence or aircraft piracy, as (k).

2001 - Subsec. (a)(2). Pub. L. 107-71, Sec. 101(f)(7), (9),

substituted "Under Secretary of Transportation for Security" for

"Administrator of the Federal Aviation Administration".

Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in two places in introductory

provisions.

Subsec. (c)(1), (2)(A), (B). Pub. L. 107-71, Sec. 101(f)(7),

substituted "Under Secretary" for "Administrator" wherever

appearing.

Subsec. (c)(2)(C). Pub. L. 107-71, Sec. 120, amended heading and

text of subpar. (C) generally, substituting provisions relating to

maximum use of chemical and biological weapon detection equipment

for provisions relating to a manual process at explosive detection

locations for randomly selecting additional checked bags for

screening.

Subsec. (c)(3). Pub. L. 107-71, Sec. 106(d), added par. (3).

Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107-71, Sec.

101(f)(7), substituted "Under Secretary" for "Administrator"

wherever appearing.

Subsec. (g)(2). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator" in introductory provisions.

Subsec. (g)(2)(A). Pub. L. 107-71, Sec. 106(c)(1), substituted

"weaknesses;" for "weaknesses by January 31, 2001;".

Subsec. (g)(2)(D). Pub. L. 107-71, Sec. 106(c)(2), added subpar.

(D) and struck out former subpar. (D) which read as follows:

"assess and test for compliance with access control requirements,

report findings, and assess penalties or take other appropriate

enforcement actions when noncompliance is found;".

Subsec. (g)(2)(C). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator".

Subsec. (g)(2)(E). Pub. L. 107-71, Sec. 101(f)(8), substituted

"Under Secretary's" for "Administrator's".

Subsec. (g)(2)(F). Pub. L. 107-71, Secs. 101(f)(8), 106(c)(3),

substituted "Under Secretary's" for "Administrator's" and

"program;" for "program by January 31, 2001;".

Subsec. (g)(2)(G). Pub. L. 107-71, Sec. 106(c)(4), added subpar.

(G) and struck out former subpar. (G) which read as follows:

"require airport operators and air carriers to strengthen access

control points in secured areas (including air traffic control

operations areas) to ensure the security of passengers and aircraft

by January 31, 2001."

Subsec. (h). Pub. L. 107-71, Sec. 144, which directed that

subsec. (h) relating to limitation on liability for acts to thwart

criminal violence or aircraft piracy be added at end of section

44903, without specifying the Code title to be amended, was

executed by making the addition at the end of this section, to

reflect the probable intent of Congress.

Pub. L. 107-71, Sec. 126(b), added subsec. (h) relating to

authority to arm flight deck crews with less-than-lethal weapons.

Pub. L. 107-71, Sec. 106(a), added subsec. (h) relating to

improved airport perimeter access security.

Subsec. (i). Pub. L. 107-71, Sec. 136, added subsec. (i).

2000 - Subsec. (c)(2)(C). Pub. L. 106-528, Sec. 6, added subpar.

(C).

Subsec. (f). Pub. L. 106-181 added subsec. (f).

Subsec. (g). Pub. L. 106-528, Sec. 4, added subsec. (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 2000 AMENDMENTS

Amendment by Pub. L. 106-528 effective 30 days after Nov. 22,

2000, see section 9 of Pub. L. 106-528, set out as a note under

section 106 of this title.

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC3-

IMPROVED FLIGHT DECK INTEGRITY MEASURES

2001 - Pub. L. 107-71, title I, Sec. 104, Nov. 19, 2001, 115

Stat. 605, provided that:

"(a) In General. - As soon as possible after the date of

enactment of this Act [Nov. 19, 2001], the Administrator of the

Federal Aviation Administration shall -

"(1) issue an order (without regard to the provisions of

chapter 5 of title 5, United States Code) -

"(A) prohibiting access to the flight deck of aircraft

engaged in passenger air transportation or intrastate air

transportation that are required to have a door between the

passenger and pilot compartments under title 14, Code of

Federal Regulations, except to authorized persons;

"(B) requiring the strengthening of the flight deck door and

locks on any such aircraft operating in air transportation or

intrastate air transportation that has a rigid door in a

bulkhead between the flight deck and the passenger area to

ensure that the door cannot be forced open from the passenger

compartment;

"(C) requiring that such flight deck doors remain locked

while any such aircraft is in flight except when necessary to

permit access and egress by authorized persons; and

"(D) prohibiting the possession of a key to any such flight

deck door by any member of the flight crew who is not assigned

to the flight deck; and

"(2) take such other action, including modification of safety

and security procedures and flight deck redesign, as may be

necessary to ensure the safety and security of the aircraft.

"(b) Implementation of Other Methods. - As soon as possible after

such date of enactment [Nov. 19, 2001], the Administrator of the

Federal Aviation Administration may develop and implement methods -

"(1) to use video monitors or other devices to alert pilots in

the flight deck to activity in the cabin, except that the use of

such monitors or devices shall be subject to nondisclosure

requirements applicable to cockpit video recordings under section

1114(c) [of title 49];

"(2) to ensure continuous operation of an aircraft transponder

in the event of an emergency; and

"(3) to revise the procedures by which cabin crews of aircraft

can notify flight deck crews of security breaches and other

emergencies, including providing for the installation of switches

or other devices or methods in an aircraft cabin to enable flight

crews to discreetly notify the pilots in the case of a security

breach occurring in the cabin.

"(c) Commuter Aircraft. - The Administrator shall investigate

means of securing the flight deck of scheduled passenger aircraft

operating in air transportation or intrastate air transportation

that do not have a rigid fixed door with a lock between the

passenger compartment and the flight deck and issue such an order

as the Administrator deems appropriate to ensure the

inaccessibility, to the greatest extent feasible, of the flight

deck while the aircraft is so operating, taking into consideration

such aircraft operating in regions where there is minimal threat to

aviation security or national security."

SMALL AND MEDIUM AIRPORTS

Pub. L. 107-71, title I, Sec. 106(b), Nov. 19, 2001, 115 Stat.

609, provided that:

"(1) Technical support and financial assistance. - The Under

Secretary of Transportation for Security shall develop a plan to -

"(A) provide technical support to airports, each of which had

less than 1 percent of the total annual enplanements in the

United States for the most recent calendar year for which data is

available, to enhance security operations; and

"(B) provide financial assistance to those airports to defray

the costs of enhancing security.

"(2) Removal of certain restrictions. -

"(A) Certification by operator. - If the operator of an airport

described in paragraph (1), after consultation with the

appropriate State and local law enforcement authorities,

determines that safeguards are in place to sufficiently protect

public safety, and so certifies in writing to the Under

Secretary, then any security rule, order, or other directive

restricting the parking of passenger vehicles shall not apply at

that airport after the applicable time period specified in

subparagraph (B), unless the Under Secretary, taking into account

individual airport circumstances, notifies the airport operator

that the safeguards in place do not adequately respond to

specific security risks and that the restriction must be

continued in order to ensure public safety.

"(B) Countermand period. - The time period within which the

Secretary may notify an airport operator, after receiving a

certification under subparagraph (A), that a restriction must be

continued in order to ensure public safety at the airport is -

"(i) 15 days for a nonhub airport (as defined in section

41714(h) of title 49, United States Code);

"(ii) 30 days for a small hub airport (as defined in such

section);

"(iii) 60 days for a medium hub airport (as defined in such

section); and

"(iv) 120 days for an airport that had at least 1 percent of

the total annual enplanements in the United States for the most

recent calendar year for which data is available."

AIRPORT SECURITY AWARENESS PROGRAMS

Pub. L. 107-71, title I, Sec. 106(e), Nov. 19, 2001, 115 Stat.

610, provided that: "The Under Secretary of Transportation for

Security shall require scheduled passenger air carriers, and

airports in the United States described in section 44903(c) [of

title 49] to develop security awareness programs for airport

employees, ground crews, gate, ticket, and curbside agents of the

air carriers, and other individuals employed at such airports."

AIRLINE COMPUTER RESERVATION SYSTEMS

Pub. L. 107-71, title I, Sec. 117, Nov. 19, 2001, 115 Stat. 624,

provided that: "In order to ensure that all airline computer

reservation systems maintained by United States air carriers are

secure from unauthorized access by persons seeking information on

reservations, passenger manifests, or other nonpublic information,

the Secretary of Transportation shall require all such air carriers

to utilize to the maximum extent practicable the best technology

available to secure their computer reservation system against such

unauthorized access."

AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS FOR SECURITY

MANDATES

Pub. L. 107-71, title I, Sec. 121, Nov. 19, 2001, 115 Stat. 630,

provided that:

"(a) Airport Security. - There is authorized to be appropriated

to the Secretary of Transportation for fiscal years 2002 and 2003 a

total of $1,500,000,000 to reimburse airport operators, on-airport

parking lots, and vendors of on-airfield direct services to air

carriers for direct costs incurred by such operators to comply with

new, additional, or revised security requirements imposed on such

operators by the Federal Aviation Administration or Transportation

Security Administration on or after September 11, 2001. Such sums

shall remain available until expended.

"(b) Documentation of Costs; Audit. - The Secretary may not

reimburse an airport operator, on-airport parking lot, or vendor of

on-airfield direct services to air carriers under this section for

any cost for which the airport operator, on-airport parking lot, or

vendor of on-airfield direct services does not demonstrate to the

satisfaction of the Secretary, using sworn financial statements or

other appropriate data, that -

"(1) the cost is eligible for reimbursement under subsection

(a); and

"(2) the cost was incurred by the airport operator, on-airport

parking lot, or vendor of on-airfield direct services to air

carriers.

The Inspector General of the Department of Transportation and the

Comptroller General of the United States may audit such statements

and may request any other information necessary to conduct such an

audit.

"(c) Claim Procedure. - Within 30 days after the date of

enactment of this Act [Nov. 19, 2001], the Secretary, after

consultation with airport operators, on-airport parking lots, and

vendors of on-airfield direct services to air carriers, shall

publish in the Federal Register the procedures for filing claims

for reimbursement under this section of eligible costs incurred by

airport operators."

FLIGHT DECK SECURITY

Pub. L. 107-71, title I, Sec. 128, Nov. 19, 2001, 115 Stat. 633,

which authorized the pilot of a passenger aircraft to carry a

firearm into the cockpit if approved by the Under Secretary of

Transportation for Security and the air carrier, if the firearm is

approved by the Under Secretary, and if the pilot has received

proper training, was repealed by Pub. L. 107-296, title XIV, Sec.

1402(b)(2), Nov. 25, 2002, 116 Stat. 2305.

CHARTER AIR CARRIERS

Pub. L. 107-71, title I, Sec. 132(a), Nov. 19, 2001, 115 Stat.

635, provided that: "Within 90 days after the date of enactment of

this Act [Nov. 19, 2001], the Under Secretary of Transportation for

Transportation [sic] Security shall implement an aviation security

program for charter air carriers (as defined in section

40102(a)(13) of title 49, United States Code) with a maximum

certificated takeoff weight of 12,500 pounds or more."

PHYSICAL SECURITY FOR ATC FACILITIES

Pub. L. 106-528, Sec. 5, Nov. 22, 2000, 114 Stat. 2521, provided

that:

"(a) In General. - In order to ensure physical security at

Federal Aviation Administration staffed facilities that house air

traffic control systems, the Administrator of the Federal Aviation

Administration shall act immediately to -

"(1) correct physical security weaknesses at air traffic

control facilities so the facilities can be granted physical

security accreditation not later than April 30, 2004; and

"(2) ensure that follow-up inspections are conducted,

deficiencies are promptly corrected, and accreditation is kept

current for all air traffic control facilities.

"(b) Reports. - Not later than April 30, 2001, and annually

thereafter through April 30, 2004, the Administrator shall transmit

to the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Transportation and Infrastructure of

the House of Representatives a report on the progress being made in

improving the physical security of air traffic control facilities,

including the percentage of such facilities that have been granted

physical security accreditation."

DEPUTIZING OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS

Pub. L. 106-181, title V, Sec. 512, Apr. 5, 2000, 114 Stat. 142,

provided that:

"(a) Definitions. - In this section, the following definitions

apply:

"(1) Aircraft. - The term 'aircraft' has the meaning given that

term in section 40102 of title 49, United States Code.

"(2) Air transportation. - The term 'air transportation' has

the meaning given that term in such section.

"(3) Program. - The term 'program' means the program

established under subsection (b)(1)(A).

"(b) Establishment of a Program To Deputize Local Law Enforcement

Officers. -

"(1) In general. - The Attorney General may -

"(A) establish a program under which the Attorney General may

deputize State and local law enforcement officers having

jurisdiction over airports and airport authorities as Deputy

United States Marshals for the limited purpose of enforcing

Federal laws that regulate security on board aircraft,

including laws relating to violent, abusive, or disruptive

behavior by passengers in air transportation; and

"(B) encourage the participation of law enforcement officers

of State and local governments in the program.

"(2) Consultation. - In establishing the program, the Attorney

General shall consult with appropriate officials of -

"(A) the United States Government (including the

Administrator [of the Federal Aviation Administration] or a

designated representative of the Administrator); and

"(B) State and local governments in any geographic area in

which the program may operate.

"(3) Training and background of law enforcement officers. -

"(A) In general. - Under the program, to qualify to serve as

a Deputy United States Marshal under the program, a State or

local law enforcement officer shall -

"(i) meet the minimum background and training requirements

for a law enforcement officer under part 107 of title 14,

Code of Federal Regulations (or equivalent requirements

established by the Attorney General); and

"(ii) receive approval to participate in the program from

the State or local law enforcement agency that is the

employer of that law enforcement officer.

"(B) Training not federal responsibility. - The United States

Government shall not be responsible for providing to a State or

local law enforcement officer the training required to meet the

training requirements under subparagraph (A)(i). Nothing in

this subsection may be construed to grant any such law

enforcement officer the right to attend any institution of the

United States Government established to provide training to law

enforcement officers of the United States Government.

"(c) Powers and Status of Deputized Law Enforcement Officers. -

"(1) In general. - Subject to paragraph (2), a State or local

law enforcement officer that is deputized as a Deputy United

States Marshal under the program may arrest and apprehend an

individual suspected of violating any Federal law described in

subsection (b)(1)(A), including any individual who violates a

provision subject to a civil penalty under section 46301 of title

49, United States Code, or section 46302, 46303, 46318, 46504,

46505, or 46507 of that title, or who commits an act described in

section 46506 of that title.

"(2) Limitation. - The powers granted to a State or local law

enforcement officer deputized under the program shall be limited

to enforcing Federal laws relating to security on board aircraft

in flight.

"(3) Status. - A State or local law enforcement officer that is

deputized as a Deputy United States Marshal under the program

shall not -

"(A) be considered to be an employee of the United States

Government; or

"(B) receive compensation from the United States Government

by reason of service as a Deputy United States Marshal under

the program.

"(d) Statutory Construction. - Nothing in this section may be

construed to -

"(1) grant a State or local law enforcement officer that is

deputized under the program the power to enforce any Federal law

that is not described in subsection (c); or

"(2) limit the authority that a State or local law enforcement

officer may otherwise exercise in the officer's capacity under

any other applicable State or Federal law.

"(e) Regulations. - The Attorney General may promulgate such

regulations as may be necessary to carry out this section.

"(f) Notification of Congress. - Not later than 90 days after the

date of the enactment of this Act [Apr. 5, 2000], the Attorney

General shall notify the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate on whether or

not the Attorney General intends to establish the program

authorized by this section."

DEVELOPMENT OF AVIATION SECURITY LIAISON AGREEMENT

Pub. L. 104-264, title III, Sec. 309, Oct. 9, 1996, 110 Stat.

3253, provided that: "The Secretary of Transportation and the

Attorney General, acting through the Administrator of the Federal

Aviation Administration and the Director of the Federal Bureau of

Investigation, shall enter into an interagency agreement providing

for the establishment of an aviation security liaison at existing

appropriate Federal agencies' field offices in or near cities

served by a designated high-risk airport."

-CROSS-

DEFINITIONS OF TERMS IN PUB. L. 107-71

For definitions of terms used in sections 104, 106(b), (e), 117,

121, 128, and 132(a) of Pub. L. 107-71, set out above, see section

133 of Pub. L. 107-71, set out as a note under section 40102 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 40109, 44901, 44915,

44917, 44921, 44933, 44935, 44937, 44940, 46301, 46314, 46316 of

this title.

-End-

-CITE-

49 USC Sec. 44904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44904. Domestic air transportation system security

-STATUTE-

(a) Assessing Threats. - The Under Secretary of Transportation

for Security and the Director of the Federal Bureau of

Investigation jointly shall assess current and potential threats to

the domestic air transportation system. The assessment shall

include consideration of the extent to which there are individuals

with the capability and intent to carry out terrorist or related

unlawful acts against that system and the ways in which those

individuals might carry out those acts. The Under Secretary and the

Director jointly shall decide on and carry out the most effective

method for continuous analysis and monitoring of security threats

to that system.

(b) Assessing Security. - In coordination with the Director, the

Under Secretary shall carry out periodic threat and vulnerability

assessments on security at each airport that is part of the

domestic air transportation system. Each assessment shall include

consideration of -

(1) the adequacy of security procedures related to the handling

and transportation of checked baggage and cargo;

(2) space requirements for security personnel and equipment;

(3) separation of screened and unscreened passengers, baggage,

and cargo;

(4) separation of the controlled and uncontrolled areas of

airport facilities; and

(5) coordination of the activities of security personnel of the

Transportation Security Administration, the United States Customs

Service, the Immigration and Naturalization Service, and air

carriers, and of other law enforcement personnel.

(c) Improving Security. - The Under Secretary shall take

necessary actions to improve domestic air transportation security

by correcting any deficiencies in that security discovered in the

assessments, analyses, and monitoring carried out under this

section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1207; Pub. L.

107-71, title I, Sec. 101(f)(1), (7), (9), Nov. 19, 2001, 115 Stat.

603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44904(a) 49 App.:1357 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 106(a), (b),

104 Stat. 3075.

44904(b) 49 App.:1357 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 106(c), 104

Stat. 3075.

44904(c) 49 App.:1357 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 106(e), 104

Stat. 3075.

--------------------------------------------------------------------

In subsection (a), the words "domestic air transportation system"

are substituted for "domestic aviation system" for consistency in

this section.

In subsection (b), before clause (1), the word "Director" is

substituted for "Federal Bureau of Investigation" because of

28:532. In clauses (1) and (3), the word "mail" is omitted as being

included in "cargo".

In subsection (c), the word "correcting" is substituted for

"remedying" for clarity.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 101(f)(7), (9),

substituted "Under Secretary" for "Administrator" in two places and

"of Transportation for Security" for "of the Federal Aviation

Administration".

Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in introductory provisions.

Subsec. (b)(5). Pub. L. 107-71, Sec. 101(f)(1), substituted "the

Transportation Security Administration" for "the Administration".

Subsec. (c). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-MISC2-

REGULAR JOINT THREAT ASSESSMENTS

Pub. L. 104-264, title III, Sec. 310, Oct. 9, 1996, 110 Stat.

3253, provided that: "The Administrator of the Federal Aviation

Administration and the Director of the Federal Bureau of

Investigation shall carry out joint threat and vulnerability

assessments on security every 3 years, or more frequently, as

necessary, at each airport determined to be high risk."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44914, 46301, 46316

of this title.

-End-

-CITE-

49 USC Sec. 44905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44905. Information about threats to civil aviation

-STATUTE-

(a) Providing Information. - Under guidelines the Secretary of

Transportation prescribes, an air carrier, airport operator, ticket

agent, or individual employed by an air carrier, airport operator,

or ticket agent, receiving information (except a communication

directed by the United States Government) about a threat to civil

aviation shall provide the information promptly to the Secretary.

(b) Flight Cancellation. - If a decision is made that a

particular threat cannot be addressed in a way adequate to ensure,

to the extent feasible, the safety of passengers and crew of a

particular flight or series of flights, the Under Secretary of

Transportation for Security shall cancel the flight or series of

flights.

(c) Guidelines on Public Notice. - (1) The President shall

develop guidelines for ensuring that public notice is provided in

appropriate cases about threats to civil aviation. The guidelines

shall identify officials responsible for -

(A) deciding, on a case-by-case basis, if public notice of a

threat is in the best interest of the United States and the

traveling public;

(B) ensuring that public notice is provided in a timely and

effective way, including the use of a toll-free telephone number;

and

(C) canceling the departure of a flight or series of flights

under subsection (b) of this section.

(2) The guidelines shall provide for consideration of -

(A) the specificity of the threat;

(B) the credibility of intelligence information related to the

threat;

(C) the ability to counter the threat effectively;

(D) the protection of intelligence information sources and

methods;

(E) cancellation, by an air carrier or the Under Secretary, of

a flight or series of flights instead of public notice;

(F) the ability of passengers and crew to take steps to reduce

the risk to their safety after receiving public notice of a

threat; and

(G) other factors the Under Secretary considers appropriate.

(d) Guidelines on Notice to Crews. - The Under Secretary shall

develop guidelines for ensuring that notice in appropriate cases of

threats to the security of an air carrier flight is provided to the

flight crew and cabin crew of that flight.

(e) Limitation on Notice to Selective Travelers. - Notice of a

threat to civil aviation may be provided to selective potential

travelers only if the threat applies only to those travelers.

(f) Restricting Access to Information. - In cooperation with the

departments, agencies, and instrumentalities of the Government that

collect, receive, and analyze intelligence information related to

aviation security, the Under Secretary shall develop procedures to

minimize the number of individuals who have access to information

about threats. However, a restriction on access to that information

may be imposed only if the restriction does not diminish the

ability of the Government to carry out its duties and powers

related to aviation security effectively, including providing

notice to the public and flight and cabin crews under this section.

(g) Distribution of Guidelines. - The guidelines developed under

this section shall be distributed for use by appropriate officials

of the Department of Transportation, the Department of State, the

Department of Justice, and air carriers.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1207; Pub. L.

107-71, title I, Sec. 101(f)(7), (9), Nov. 19, 2001, 115 Stat.

603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44905(a) 49 App.:1358d(a). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

321; added Nov. 16, 1990,

Pub. L. 101-604, Sec.

109(a), 104 Stat. 3078.

44905(b) 49 App.:1358d(b).

44905(c)(1) 49

App.:1358d(c)(1),

(d).

44905(c)(2) 49 App.:1358d(e).

44905(d) 49 App.:1358d(c)(2).

44905(e) 49 App.:1358d(f).

44905(f) 49 App.:1358d(h).

44905(g) 49 App.:1358d(g).

--------------------------------------------------------------------

In subsection (a), the words "employed by an air carrier, airport

operator, or ticket agent" are substituted for "employed by such an

entity" for clarity. The words "or a designee of the Secretary" are

omitted as unnecessary.

In subsections (c)(1), before clause (A), and (d), the words "Not

later than 180 days after November 16, 1990" are omitted as

obsolete.

In subsection (c)(1)(B), the words "when considered appropriate"

are omitted as unnecessary because of the restatement.

In subsection (e), the words "selective potential travelers" are

substituted for "only selective potential travelers" to eliminate

an unnecessary word.

In subsection (f), the words "departments, agencies, and

instrumentalities of the Government" are substituted for "agencies"

for clarity and consistency in the revised title and with other

titles of the United States Code. The words "However, a restriction

on access to that information may be imposed only if the

restriction does not diminish" are substituted for "Any restriction

adopted pursuant to this subsection shall not diminish" for

clarity.

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), (9),

substituted "Under Secretary of Transportation for Security" for

"Administrator of the Federal Aviation Administration".

Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107-71, Sec.

101(f)(7), substituted "Under Secretary" for "Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 44906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44906. Foreign air carrier security programs

-STATUTE-

The Under Secretary of Transportation for Security shall continue

in effect the requirement of section 129.25 of title 14, Code of

Federal Regulations, that a foreign air carrier must adopt and use

a security program approved by the Under Secretary. The Under

Secretary shall not approve a security program of a foreign air

carrier under section 129.25, or any successor regulation, unless

the security program requires the foreign air carrier in its

operations to and from airports in the United States to adhere to

the identical security measures that the Under Secretary requires

air carriers serving the same airports to adhere to. The foregoing

requirement shall not be interpreted to limit the ability of the

Under Secretary to impose additional security measures on a foreign

air carrier or an air carrier when the Under Secretary determines

that a specific threat warrants such additional measures. The Under

Secretary shall prescribe regulations to carry out this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1208; Pub. L.

104-132, title III, Sec. 322, Apr. 24, 1996, 110 Stat. 1254; Pub.

L. 107-71, title I, Sec. 101(f)(7), (9), Nov. 19, 2001, 115 Stat.

603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44906(a)(1) 49 App.:1357(k) Aug. 23, 1958, Pub. L.

(1)-(3). 85-726, 72 Stat. 731, Sec.

316(k)(1)-(3); added Nov.

16, 1990, Pub. L. 101-604,

Sec. 105(a), 104 Stat. 3074.

49 App.:1357 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 105(c), 104

Stat. 3075.

--------------------------------------------------------------------

The text of 49 App.:1357(k)(3) and the words "Not later than 180

days after the date of enactment of this Act" in section 105(c) of

the Aviation Security Improvement Act of 1990 (Public Law 101-674,

104 Stat. 3075) are omitted as obsolete.

AMENDMENTS

2001 - Pub. L. 107-71 substituted "Under Secretary" for

"Administrator" wherever appearing and "of Transportation for

Security" for "of the Federal Aviation Administration".

1996 - Pub. L. 104-132 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "The Administrator of the Federal Aviation Administration

shall continue in effect the requirement of section 129.25 of title

14, Code of Federal Regulations, that a foreign air carrier must

adopt and use a security program approved by the Administrator. The

Administrator may approve a security program of a foreign air

carrier under section 129.25 only if the Administrator decides the

security program provides passengers of the foreign air carrier a

level of protection similar to the level those passengers would

receive under the security programs of air carriers serving the

same airport. The Administrator shall require a foreign air carrier

to use procedures equivalent to those required of air carriers

serving the same airport if the Administrator decides that the

procedures are necessary to provide a level of protection similar

to that provided passengers of the air carriers serving the same

airport. The Administrator shall prescribe regulations to carry out

this section."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 40109, 44915, 44937,

44938, 46314 of this title.

-End-

-CITE-

49 USC Sec. 44907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44907. Security standards at foreign airports

-STATUTE-

(a) Assessment. - (1) At intervals the Secretary of

Transportation considers necessary, the Secretary shall assess the

effectiveness of the security measures maintained at -

(A) a foreign airport -

(i) served by an air carrier;

(ii) from which a foreign air carrier serves the United

States; or

(iii) that poses a high risk of introducing danger to

international air travel; and

(B) other foreign airports the Secretary considers appropriate.

(2) The Secretary of Transportation shall conduct an assessment

under paragraph (1) of this subsection -

(A) in consultation with appropriate aeronautic authorities of

the government of a foreign country concerned and each air

carrier serving the foreign airport for which the Secretary is

conducting the assessment;

(B) to establish the extent to which a foreign airport

effectively maintains and carries out security measures; and

(C) by using a standard that will result in an analysis of the

security measures at the airport based at least on the standards

and appropriate recommended practices contained in Annex 17 to

the Convention on International Civil Aviation in effect on the

date of the assessment.

(3) Each report to Congress required under section 44938(b) of

this title shall contain a summary of the assessments conducted

under this subsection.

(b) Consultation. - In carrying out subsection (a) of this

section, the Secretary of Transportation shall consult with the

Secretary of State -

(1) on the terrorist threat that exists in each country; and

(2) to establish which foreign airports are not under the de

facto control of the government of the foreign country in which

they are located and pose a high risk of introducing danger to

international air travel.

(c) Notifying Foreign Authorities. - When the Secretary of

Transportation, after conducting an assessment under subsection (a)

of this section, decides that an airport does not maintain and

carry out effective security measures, the Secretary of

Transportation, after advising the Secretary of State, shall notify

the appropriate authorities of the government of the foreign

country of the decision and recommend the steps necessary to bring

the security measures in use at the airport up to the standard used

by the Secretary of Transportation in making the assessment.

(d) Actions When Airports Not Maintaining and Carrying Out

Effective Security Measures. - (1) When the Secretary of

Transportation decides under this section that an airport does not

maintain and carry out effective security measures -

(A) the Secretary of Transportation shall -

(i) publish the identity of the airport in the Federal

Register;

(ii) have the identity of the airport posted and displayed

prominently at all United States airports at which scheduled

air carrier operations are provided regularly; and

(iii) notify the news media of the identity of the airport;

(B) each air carrier and foreign air carrier providing

transportation between the United States and the airport shall

provide written notice of the decision, on or with the ticket, to

each passenger buying a ticket for transportation between the

United States and the airport;

(C) notwithstanding section 40105(b) of this title, the

Secretary of Transportation, after consulting with the

appropriate aeronautic authorities of the foreign country

concerned and each air carrier serving the airport and with the

approval of the Secretary of State, may withhold, revoke, or

prescribe conditions on the operating authority of an air carrier

or foreign air carrier that uses that airport to provide foreign

air transportation; and

(D) the President may prohibit an air carrier or foreign air

carrier from providing transportation between the United States

and any other foreign airport that is served by aircraft flying

to or from the airport with respect to which a decision is made

under this section.

(2)(A) Paragraph (1) of this subsection becomes effective -

(i) 90 days after the government of a foreign country is

notified under subsection (c) of this section if the Secretary of

Transportation finds that the government has not brought the

security measures at the airport up to the standard the Secretary

used in making an assessment under subsection (a) of this

section; or

(ii) immediately on the decision of the Secretary of

Transportation under subsection (c) of this section if the

Secretary of Transportation decides, after consulting with the

Secretary of State, that a condition exists that threatens the

safety or security of passengers, aircraft, or crew traveling to

or from the airport.

(B) The Secretary of Transportation immediately shall notify the

Secretary of State of a decision under subparagraph (A)(ii) of this

paragraph so that the Secretary of State may issue a travel

advisory required under section 44908(a) of this title.

(3) The Secretary of Transportation promptly shall submit to

Congress a report (and classified annex if necessary) on action

taken under paragraph (1) or (2) of this subsection, including

information on attempts made to obtain the cooperation of the

government of a foreign country in meeting the standard the

Secretary used in assessing the airport under subsection (a) of

this section.

(4) An action required under paragraph (1)(A) and (B) of this

subsection is no longer required only if the Secretary of

Transportation, in consultation with the Secretary of State,

decides that effective security measures are maintained and carried

out at the airport. The Secretary of Transportation shall notify

Congress when the action is no longer required to be taken.

(e) Suspensions. - Notwithstanding sections 40105(b) and 40106(b)

of this title, the Secretary of Transportation, with the approval

of the Secretary of State and without notice or a hearing, shall

suspend the right of an air carrier or foreign air carrier to

provide foreign air transportation, and the right of a person to

operate aircraft in foreign air commerce, to or from a foreign

airport when the Secretary of Transportation decides that -

(1) a condition exists that threatens the safety or security of

passengers, aircraft, or crew traveling to or from that airport;

and

(2) the public interest requires an immediate suspension of

transportation between the United States and that airport.

(f) Condition of Carrier Authority. - This section is a condition

to authority the Secretary of Transportation grants under this part

to an air carrier or foreign air carrier.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1209.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44907(a)(1) 49 App.:1515(a)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1115(a), (b), (d)-(h); added

Aug. 5, 1974, Pub. L.

93-366, Sec. 106, 88 Stat.

414; restated Aug. 8, 1985,

Pub. L. 99-83, Sec. 551(a),

99 Stat. 222.

44907(a)(2) 49 App.:1515(a)(2),

(3).

44907(a)(3) 49 App.:1515(c). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

1115(c); added Aug. 5, 1974,

Pub. L. 93-366, Sec. 106, 88

Stat. 414; restated Aug. 8,

1985, Pub. L. 99-83, Sec.

551(a), 99 Stat. 222; Nov.

16, 1990, Pub. L. 101-604,

Sec. 102(c)(2), 104 Stat.

3069.

44907(b) 49 App.:1515(b).

44907(c) 49 App.:1515(d).

44907(d)(1) 49 App.:1515(e)(2).

44907(d)(2) 49 App.:1515(e)(1).

44907(d)(3) 49 App.:1515(e)(3).

44907(d)(4) 49 App.:1515(f).

44907(e) 49 App.:1515(g).

44907(f) 49 App.:1515(h).

--------------------------------------------------------------------

In subsections (a)(2)(A) and (d)(2)(A)(i) and (3), the words

"government of a foreign country" are substituted for "foreign

government" for consistency in the revised title and with other

titles of the United States Code.

In subsection (a)(2)(B), the word "foreign" is added for clarity

and consistency in this section.

In subsection (b)(2), the word "foreign" is added for consistency

in the revised title and with other titles of the Code.

In subsection (c), the words "government of a foreign country"

are substituted for "foreign government" for consistency in the

revised title and with other titles of the Code.

In subsection (d)(1), before clause (A), the words "Subject to

paragraph (1)" are omitted as surplus. In clause (C), the words

"foreign country" are substituted for "foreign government" for

clarity and consistency in the revised title and with other titles

of the Code. The word "prescribe" is substituted for "impose" for

consistency in the revised title and with other titles of the Code.

The word "provide" is substituted for "engage in" for consistency

in the revised title. In clause (D), the words "directly or

indirectly" are omitted as surplus.

In subsection (d)(2)(A)(i), the words "identified" and "of such

airport" are omitted as surplus.

In subsection (d)(2)(B), the words "issue a travel advisory

required under section 44908(a) of this title" are substituted for

"comply with the requirement of section 1515(a) [sic] of this

Appendix that a travel advisory be issued" to eliminate unnecessary

words.

In subsection (d)(4), the words "An action required . . . is no

longer required" are substituted for "The sanctions required to be

imposed with respect to an airport . . . may be lifted" to

eliminate unnecessary words.

In subsection (e), before clause (1), the word "provide" is

substituted for "engage in" for consistency in the revised title.

In subsection (f), the words "issued under authority vested in"

are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 114, 44908, 44938,

46301, 46316 of this title.

-End-

-CITE-

49 USC Sec. 44908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44908. Travel advisory and suspension of foreign assistance

-STATUTE-

(a) Travel Advisories. - On being notified by the Secretary of

Transportation that the Secretary of Transportation has decided

under section 44907(d)(2)(A)(ii) of this title that a condition

exists that threatens the safety or security of passengers,

aircraft, or crew traveling to or from a foreign airport that the

Secretary of Transportation has decided under section 44907 of this

title does not maintain and carry out effective security measures,

the Secretary of State -

(1) immediately shall issue a travel advisory for that airport;

and

(2) shall publicize the advisory widely.

(b) Suspending Assistance. - The President shall suspend

assistance provided under the Foreign Assistance Act of 1961 (22

U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751

et seq.) to a country in which is located an airport with respect

to which section 44907(d)(1) of this title becomes effective if the

Secretary of State decides the country is a high terrorist threat

country. The President may waive this subsection if the President

decides, and reports to Congress, that the waiver is required

because of national security interests or a humanitarian emergency.

(c) Actions No Longer Required. - An action required under this

section is no longer required only if the Secretary of

Transportation has made a decision as provided under section

44907(d)(4) of this title. The Secretary shall notify Congress when

the action is no longer required to be taken.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1211; Pub. L.

105-277, div. G, subdiv. B, title XXII, Sec. 2224(a), Oct. 21,

1998, 112 Stat. 2681-819.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44908(a) 49 App.:1515a(a). Aug. 8, 1985, Pub. L. 99-83,

Sec. 552, 99 Stat. 226.

44908(b) 49 App.:1515a(b).

44908(c) 49 App.:1515a(c),

(d).

--------------------------------------------------------------------

In subsection (a)(3), the words "take the necessary steps to" are

omitted as surplus.

In subsection (b), the words "all" and "the requirements of" are

omitted as surplus.

Subsection (c) is substituted for 49 App.:1515a(c) and (d) to

eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsec. (b),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which

is classified principally to chapter 32 (Sec. 2151 et seq.) of

Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of Title 22 and Tables.

The Arms Export Control Act, referred to in subsec. (b), is Pub.

L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is

classified principally to chapter 39 (Sec. 2751 et seq.) of Title

22. For complete classification of this Act to the Code, see Short

Title note set out under section 2751 of Title 22 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 inserted "and" at end of par.

(1), redesignated par. (3) as (2), and struck out former par. (2)

which read as follows: "shall publish the advisory in the Federal

Register; and".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44907, 46301, 46316

of this title.

-End-

-CITE-

49 USC Sec. 44909 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44909. Passenger manifests

-STATUTE-

(a) Air Carrier Requirements. - (1) Not later than March 16,

1991, the Secretary of Transportation shall require each air

carrier to provide a passenger manifest for a flight to an

appropriate representative of the Secretary of State -

(A) not later than one hour after that carrier is notified of

an aviation disaster outside the United States involving that

flight; or

(B) if it is not technologically feasible or reasonable to

comply with clause (A) of this paragraph, then as expeditiously

as possible, but not later than 3 hours after the carrier is so

notified.

(2) The passenger manifest should include the following

information:

(A) the full name of each passenger.

(B) the passport number of each passenger, if required for

travel.

(C) the name and telephone number of a contact for each

passenger.

(3) In carrying out this subsection, the Secretary of

Transportation shall consider the necessity and feasibility of

requiring air carriers to collect passenger manifest information as

a condition for passengers boarding a flight of the carrier.

(b) Foreign Air Carrier Requirements. - The Secretary of

Transportation shall consider imposing a requirement on foreign air

carriers comparable to that imposed on air carriers under

subsection (a)(1) and (2) of this section.

(c) Flights in Foreign Air Transportation to the United States. -

(1) In general. - Not later than 60 days after the date of

enactment of the Aviation and Transportation Security Act, each

air carrier and foreign air carrier operating a passenger flight

in foreign air transportation to the United States shall provide

to the Commissioner of Customs by electronic transmission a

passenger and crew manifest containing the information specified

in paragraph (2). Carriers may use the advanced passenger

information system established under section 431 of the Tariff

Act of 1930 (19 U.S.C. 1431) to provide the information required

by the preceding sentence.

(2) Information. - A passenger and crew manifest for a flight

required under paragraph (1) shall contain the following

information:

(A) The full name of each passenger and crew member.

(B) The date of birth and citizenship of each passenger and

crew member.

(C) The sex of each passenger and crew member.

(D) The passport number and country of issuance of each

passenger and crew member if required for travel.

(E) The United States visa number or resident alien card

number of each passenger and crew member, as applicable.

(F) Such other information as the Under Secretary, in

consultation with the Commissioner of Customs, determines is

reasonably necessary to ensure aviation safety.

(3) Passenger name records. - The carriers shall make passenger

name record information available to the Customs Service upon

request.

(4) Transmission of manifest. - Subject to paragraph (5), a

passenger and crew manifest required for a flight under paragraph

(1) shall be transmitted to the Customs Service in advance of the

aircraft landing in the United States in such manner, time, and

form as the Customs Service prescribes.

(5) Transmission of manifests to other federal agencies. - Upon

request, information provided to the Under Secretary or the

Customs Service under this subsection may be shared with other

Federal agencies for the purpose of protecting national security.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1211; Pub. L.

106-181, title VII, Sec. 718, Apr. 5, 2000, 114 Stat. 163; Pub. L.

107-71, title I, Sec. 115, Nov. 19, 2001, 115 Stat. 623.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44909(a)(1) 49 App.:1380(a). Aug. 23, 1958, Pub. L.

85-726, Sec. 410, 72 Stat.

769; Oct. 15, 1962, Pub. L.

87-820, Sec. 8, 76 Stat.

936; restated Nov. 16, 1990,

Pub. L. 101-604, Sec.

203(a), 104 Stat. 3082.

44909(a)(2) 49 App.:1380(b).

44909(a)(3) 49 App.:1380 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 203(b), 104

Stat. 3082.

44909(b) 49 App.:1380 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 203(c), 104

Stat. 3083.

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "each air

carrier" are substituted "all United States air carriers" because

of the definition of "air carrier" in section 40102(a) of the

revised title. The words "an appropriate representative of the

Secretary of State" are substituted for "appropriate

representatives of the United States Department of State" because

of 22:2651 and for consistency in the revised title and with other

titles of the United States Code. In clause (B), the words "to

comply with clause (A) of this paragraph" are substituted for "to

fulfill the requirement of this subsection" for consistency in the

revised title and with other titles of the Code.

In subsection (a)(2), before clause (B), the words "For purposes

of this section" are omitted as unnecessary.

In subsection (a)(3), the words "In carrying out this subsection"

are substituted for "In implementing the requirement pursuant to

the amendment made by subsection (a) of this section" for clarity

and to eliminate unnecessary words.

In subsection (b), the word "imposing" is added for clarity. The

words "imposed on air carriers under subsection (a)(1) and (2) of

this section" are substituted for "imposed pursuant to the

amendment made by subsection (a)" for clarity and because of the

restatement.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsec. (c)(1), is the date of enactment of

Pub. L. 107-71, which was approved Nov. 19, 2001.

-MISC2-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-71 which directed the addition of

subsec. (c) to section 44909, without specifying the Code title to

be amended, was executed by making the addition to this section, to

reflect the probable intent of Congress.

2000 - Subsec. (a)(2). Pub. L. 106-181 substituted "should" for

"shall" in introductory provisions.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 40109, 46301, 46316

of this title.

-End-

-CITE-

49 USC Sec. 44910 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44910. Agreements on aircraft sabotage, aircraft hijacking,

and airport security

-STATUTE-

The Secretary of State shall seek multilateral and bilateral

agreement on strengthening enforcement measures and standards for

compliance related to aircraft sabotage, aircraft hijacking, and

airport security.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1212.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44910 49 App.:1515 (note). Aug. 8, 1985, Pub. L. 99-83,

Sec. 556, 99 Stat. 227.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 44911 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44911. Intelligence

-STATUTE-

(a) Definition. - In this section, "intelligence community" means

the intelligence and intelligence-related activities of the

following units of the United States Government:

(1) the Department of State.

(2) the Department of Defense.

(3) the Department of the Treasury.

(4) the Department of Energy.

(5) the Departments of the Army, Navy, and Air Force.

(6) the Central Intelligence Agency.

(7) the National Security Agency.

(8) the Defense Intelligence Agency.

(9) the Federal Bureau of Investigation.

(10) the Drug Enforcement Administration.

(b) Policies and Procedures on Report Availability. - The head of

each unit in the intelligence community shall prescribe policies

and procedures to ensure that intelligence reports about terrorism

are made available, as appropriate, to the heads of other units in

the intelligence community, the Secretary of Transportation, and

the Under Secretary of Transportation for Security.

(c) Unit for Strategic Planning on Terrorism. - The heads of the

units in the intelligence community shall place greater emphasis on

strategic intelligence efforts by establishing a unit for strategic

planning on terrorism.

(d) Designation of Intelligence Officer. - At the request of the

Secretary, the Director of Central Intelligence shall designate at

least one intelligence officer of the Central Intelligence Agency

to serve in a senior position in the Office of the Secretary.

(e) Written Working Agreements. - The heads of units in the

intelligence community, the Secretary, and the Under Secretary

shall review and, as appropriate, revise written working agreements

between the intelligence community and the Under Secretary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1212; Pub. L.

107-71, title I, Secs. 101(f)(7), (9), 102(b), (c), Nov. 19, 2001,

115 Stat. 603, 605.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44911(a) 49 App.:1358d Nov. 16, 1990, Pub. L.

(note). 101-604, Sec. 111(e), 104

Stat. 3080.

44911(b) 49 App.:1358d Nov. 16, 1990, Pub. L.

(note). 101-604, Sec. 111(a), 104

Stat. 3080.

44911(c) 49 App.:1358d Nov. 16, 1990, Pub. L.

(note). 101-604, Sec. 111(b), 104

Stat. 3080.

44911(d) 49 App.:1358d Nov. 16, 1990, Pub. L.

(note). 101-604, Sec. 111(c), 104

Stat. 3080.

44911(e) 49 App.:1358d Nov. 16, 1990, Pub. L.

(note). 101-604, Sec. 111(d), 104

Stat. 3080.

--------------------------------------------------------------------

In this section, the word "units" is substituted for "agencies"

for consistency in the revised title and with other titles of the

United States Code.

In subsections (b) and (e), the words "Not later than 180 days

after the date of enactment of this Act" in section 111(a) and (d)

of the Aviation Security Improvement Act of 1990 (Public Law

101-640, 104 Stat. 3080) are omitted as obsolete.

In subsection (b), the words "the heads of other units in the

intelligence community, the Secretary of Transportation, and the

Administrator of the Federal Aviation Administration" are

substituted for "other members of the intelligence community, the

Department of Transportation, and the Federal Aviation

Administration" for clarity and consistency in the revised title

and with other titles of the Code.

In subsections (c) and (e), the words "heads of units in the

intelligence community" are substituted for "intelligence

community" for clarity and consistency in the revised title and

with other titles of the Code.

In subsection (e), the words "memorandums of understanding" are

omitted as being included in "written working agreements".

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-71, Sec. 102(b), struck out

"international" before "terrorism".

Pub. L. 107-71, Sec. 101(f)(7), (9), substituted "Under Secretary

of Transportation for Security" for "Administrator of the Federal

Aviation Administration".

Subsec. (c). Pub. L. 107-71, Sec. 102(c), substituted "place" for

"consider placing".

Subsec. (e). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in two places.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 44912 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44912. Research and development

-STATUTE-

(a) Program Requirement. - (1) The Under Secretary of

Transportation for Security shall establish and carry out a program

to accelerate and expand the research, development, and

implementation of technologies and procedures to counteract

terrorist acts against civil aviation. The program shall provide

for developing and having in place, not later than November 16,

1993, new equipment and procedures necessary to meet the

technological challenges presented by terrorism. The program shall

include research on, and development of, technological improvements

and ways to enhance human performance.

(2) In designing and carrying out the program established under

this subsection, the Under Secretary shall -

(A) consult and coordinate activities with other departments,

agencies, and instrumentalities of the United States Government

doing similar research;

(B) identify departments, agencies, and instrumentalities that

would benefit from that research; and

(C) seek cost-sharing agreements with those departments,

agencies, and instrumentalities.

(3) In carrying out the program established under this

subsection, the Under Secretary shall review and consider the

annual reports the Secretary of Transportation submits to Congress

on transportation security and intelligence.

(4)(A) In carrying out the program established under this

subsection, the Administrator shall designate an individual to be

responsible for engineering, research, and development with respect

to security technology under the program.

(B) The individual designated under subparagraph (A) shall use

appropriate systems engineering and risk management models in

making decisions regarding the allocation of funds for engineering,

research, and development with respect to security technology under

the program.

(C) The individual designated under subparagraph (A) shall, on an

annual basis, submit to the Research, Engineering and Development

Advisory Committee a report on activities under this paragraph

during the preceding year. Each report shall include, for the year

covered by such report, information on -

(i) progress made in engineering, research, and development

with respect to security technology;

(ii) the allocation of funds for engineering, research, and

development with respect to security technology; and

(iii) engineering, research, and development with respect to

any technologies drawn from other agencies, including the

rationale for engineering, research, and development with respect

to such technologies.

(5) The Under Secretary may -

(A) make grants to institutions of higher learning and other

appropriate research facilities with demonstrated ability to

carry out research described in paragraph (1) of this subsection,

and fix the amounts and terms of the grants; and

(B) make cooperative agreements with governmental authorities

the Under Secretary decides are appropriate.

(b) Review of Threats. - (1) The Under Secretary shall

periodically review threats to civil aviation, with particular

focus on -

(A) a comprehensive systems analysis (employing vulnerability

analysis, threat attribute definition, and technology roadmaps)

of the civil aviation system, including -

(i) the destruction, commandeering, or diversion of civil

aircraft or the use of civil aircraft as a weapon; and

(ii) the disruption of civil aviation service, including by

cyber attack;

(B) explosive material that presents the most significant

threat to civil aircraft;

(C) the minimum amounts, configurations, and types of explosive

material that can cause, or would reasonably be expected to

cause, catastrophic damage to aircraft in air transportation;

(D) the amounts, configurations, and types of explosive

material that can be detected reliably by existing, or reasonably

anticipated, near-term explosive detection technologies;

(E) the potential release of chemical, biological, or similar

weapons or devices either within an aircraft or within an

airport;

(F) the feasibility of using various ways to minimize damage

caused by explosive material that cannot be detected reliably by

existing, or reasonably anticipated, near-term explosive

detection technologies;

(G) the ability to screen passengers, carry-on baggage, checked

baggage, and cargo; and

(H) the technologies that might be used in the future to

attempt to destroy or otherwise threaten commercial aircraft and

the way in which those technologies can be countered effectively.

(2) The Under Secretary shall use the results of the review under

this subsection to develop the focus and priorities of the program

established under subsection (a) of this section.

(c) Scientific Advisory Panel. - (1) The Administrator shall

establish a scientific advisory panel, as a subcommittee of the

Research, Engineering, and Development Advisory Committee, to

review, comment on, advise the progress of, and recommend

modifications in, the program established under subsection (a) of

this section, including the need for long-range research programs

to detect and prevent catastrophic damage to commercial aircraft,

commercial aviation facilities, commercial aviation personnel and

passengers, and other components of the commercial aviation system

by the next generation of terrorist weapons.

(2)(A) The advisory panel shall consist of individuals who have

scientific and technical expertise in -

(i) the development and testing of effective explosive

detection systems;

(ii) aircraft structure and experimentation to decide on the

type and minimum weights of explosives that an effective

explosive detection technology must be capable of detecting;

(iii) technologies involved in minimizing airframe damage to

aircraft from explosives; and

(iv) other scientific and technical areas the Administrator

considers appropriate.

(B) In appointing individuals to the advisory panel, the

Administrator should consider individuals from academia and the

national laboratories, as appropriate.

(3) The Administrator shall organize the advisory panel into

teams capable of undertaking the review of policies and

technologies upon request.

(4) Not later than 90 days after the date of the enactment of the

Aviation and Transportation Security Act, and every two years

thereafter, the Administrator shall review the composition of the

advisory panel in order to ensure that the expertise of the

individuals on the panel is suited to the current and anticipated

duties of the panel.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1212; Pub. L.

107-71, title I, Secs. 101(f)(7), (9), 112, Nov. 19, 2001, 115

Stat. 603, 620.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44912(a) 49 Aug. 23, 1958, Pub. L.

App.:1357(d)(3)(A), 85-726, 72 Stat. 731, Sec.

(D), (4)-(7). 316(d)(3)-(8); added Nov.

16, 1990, Pub. L. 101-604,

Sec. 107, 104 Stat. 3076.

44912(b) 49

App.:1357(d)(3)(B),

(C).

44912(c) 49 App.:1357(d)(8).

--------------------------------------------------------------------

In subsection (a)(1), the words "It shall be the purpose of the

program established under paragraph (3)" and "established under

paragraph (3)" are omitted as unnecessary.

In subsection (a)(2)(A), the word "activities" is added for

clarity. The words "departments, agencies, and instrumentalities of

the United States Government" are substituted for "Federal

agencies" for consistency in the revised title and with other

titles of the United States Code.

In subsection (a)(4), the words "The Administrator may . . . make

grants" are substituted for "Amounts appropriated for each fiscal

year under paragraph (9) shall be made available by the

Administrator, by way of grants" to eliminate unnecessary words. In

clause (A), the words "institutions of higher learning" are

substituted for "colleges, universities", and the word

"institutions" is substituted for "institutions and facilities",

for clarity and consistency in the revised title and with other

titles of the Code. In clause (B), the words "governmental

authorities" are substituted for "governmental entities" for

consistency in the revised title and with other titles of the Code.

In subsection (b)(1), before clause (A), the words "Not later

than 180 days after November 16, 1990" are omitted as obsolete.

Clause (B) is substituted for 49 App.:1357(d)(3)(B)(ii) and (iii)

for clarity and to eliminate unnecessary words.

In subsection (b)(1)(E), the word "mail" is omitted as being

included in "cargo".

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Aviation and Transportation

Security Act, referred to in subsec. (c)(4), is the date of

enactment of Pub. L. 107-71, which was approved Nov. 19, 2001.

-MISC2-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-71, Sec. 101(f)(7), (9),

substituted "Under Secretary of Transportation for Security" for

"Administrator of the Federal Aviation Administration".

Subsec. (a)(2), (3). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator".

Subsec. (a)(4). Pub. L. 107-71, Sec. 112(b)(1)(B), added par.

(4). Former par. (4) redesignated (5).

Pub. L. 107-71, Sec. 101(f)(7), substituted "Under Secretary" for

"Administrator" in two places.

Subsec. (a)(5). Pub. L. 107-71, Sec. 112(b)(1)(A), redesignated

par. (4) as (5).

Subsec. (b)(1). Pub. L. 107-71, Secs. 101(f)(7), 112(a)(1), in

introductory provisions, substituted "Under Secretary" for

"Administrator" and "periodically review" for "complete an

intensive review of".

Subsec. (b)(1)(A). Pub. L. 107-71, Sec. 112(b)(2)(B), added

subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (b)(1)(B). Pub. L. 107-71, Sec. 112(b)(2)(A),

redesignated subpar. (A) as (B). Former subpar. (B) redesignated

(C).

Pub. L. 107-71, Sec. 112(a)(2), substituted "aircraft in air

transportation;" for "commercial aircraft in service and expected

to be in service in the 10-year period beginning on November 16,

1990;".

Subsec. (b)(1)(C). Pub. L. 107-71, Sec. 112(b)(2)(A),

redesignated subpar. (B) as (C). Former subpar. (C) redesignated

(D).

Subsec. (b)(1)(D). Pub. L. 107-71, Sec. 112(b)(2)(A),

redesignated subpar. (C) as (D). Former subpar. (D) redesignated

(E).

Pub. L. 107-71, Sec. 112(a)(3), added subpar. (D). Former subpar.

(D) redesignated (E).

Subsec. (b)(1)(E) to (G). Pub. L. 107-71, Sec. 112(b)(2)(A),

redesignated subpars. (D) to (F) as (E) to (G), respectively.

Former subpar. (G) redesignated (H).

Pub. L. 107-71, Sec. 112(a)(3), redesignated subpars. (D) to (F)

as (E) to (G), respectively.

Subsec. (b)(1)(H). Pub. L. 107-71, Sec. 112(b)(2)(A),

redesignated subpar. (G) as (H).

Subsec. (b)(2). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator".

Subsec. (c). Pub. L. 107-71, Sec. 112(b)(3), amended heading and

text of subsec. (c) generally. Prior to amendment, text read as

follows: "The Administrator shall establish a scientific advisory

panel, as a subcommittee of the Research, Engineering and

Development Advisory Committee, to review, comment on, advise on

the progress of, and recommend modifications in, the program

established under subsection (a) of this section, including the

need for long-range research programs to detect and prevent

catastrophic damage to commercial aircraft by the next generation

of terrorist weapons. The panel shall consist of individuals with

scientific and technical expertise in -

"(1) the development and testing of effective explosive

detection systems;

"(2) aircraft structure and experimentation to decide on the

type and minimum weights of explosives that an effective

technology must be capable of detecting;

"(3) technologies involved in minimizing airframe damage to

aircraft from explosives; and

"(4) other scientific and technical areas the Administrator

considers appropriate."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC3-

RESEARCH AND DEVELOPMENT OF AVIATION SECURITY TECHNOLOGY

Pub. L. 107-71, title I, Sec. 137, Nov. 19, 2001, 115 Stat. 637,

provided that:

"(a) Funding. - To augment the programs authorized in section

44912(a)(1) of title 49, United States Code, there is authorized to

be appropriated an additional $50,000,000 for each of fiscal years

2002 through 2006 and such sums as are necessary for each fiscal

year thereafter to the Transportation Security Administration, for

research, development, testing, and evaluation of the following

technologies which may enhance aviation security in the future.

Grants to industry, academia, and Government entities to carry out

the provisions of this section shall be available for fiscal years

2002 and 2003 for -

"(1) the acceleration of research, development, testing, and

evaluation of explosives detection technology for checked

baggage, specifically, technology that is -

"(A) more cost-effective for deployment for explosives

detection in checked baggage at small- to medium-sized

airports, and is currently under development as part of the

Argus research program at the Transportation Security

Administration;

"(B) faster, to facilitate screening of all checked baggage

at larger airports; or

"(C) more accurate, to reduce the number of false positives

requiring additional security measures;

"(2) acceleration of research, development, testing, and

evaluation of new screening technology for carry-on items to

provide more effective means of detecting and identifying

weapons, explosives, and components of weapons of mass

destruction, including advanced x-ray technology;

"(3) acceleration of research, development, testing, and

evaluation of threat screening technology for other categories of

items being loaded onto aircraft, including cargo, catering, and

duty-free items;

"(4) acceleration of research, development, testing, and

evaluation of threats carried on persons boarding aircraft or

entering secure areas, including detection of weapons,

explosives, and components of weapons of mass destruction;

"(5) acceleration of research, development, testing and

evaluation of integrated systems of airport security enhancement,

including quantitative methods of assessing security factors at

airports selected for testing such systems;

"(6) expansion of the existing program of research,

development, testing, and evaluation of improved methods of

education, training, and testing of key airport security

personnel; and

"(7) acceleration of research, development, testing, and

evaluation of aircraft hardening materials, and techniques to

reduce the vulnerability of aircraft to terrorist attack.

"(b) Grants. - Grants awarded under this subtitle [probably

should be "this section"] shall identify potential outcomes of the

research, and propose a method for quantitatively assessing

effective increases in security upon completion of the research

program. At the conclusion of each grant, the grant recipient shall

submit a final report to the Transportation Security Administration

that shall include sufficient information to permit the Under

Secretary of Transportation for Security to prepare a cost-benefit

analysis of potential improvements to airport security based upon

deployment of the proposed technology. The Under Secretary shall

begin awarding grants under this subtitle within 90 days of the

date of enactment of this Act [Nov. 19, 2001].

"(c) Budget Submission. - A budget submission and detailed

strategy for deploying the identified security upgrades recommended

upon completion of the grants awarded under subsection (b), shall

be submitted to Congress as part of the Department of

Transportation's annual budget submission.

"(d) Defense Research. - There is authorized to be appropriated

$20,000,000 to the Transportation Security Administration to issue

research grants in conjunction with the Defense Advanced Research

Projects Agency. Grants may be awarded under this section for -

"(1) research and development of longer-term improvements to

airport security, including advanced weapons detection;

"(2) secure networking and sharing of threat information

between Federal agencies, law enforcement entities, and other

appropriate parties;

"(3) advances in biometrics for identification and threat

assessment; or

"(4) other technologies for preventing acts of terrorism in

aviation."

[For definitions of terms used in section 137 of Pub. L. 107-71,

set out above, see section 133 of Pub. L. 107-71, set out as a note

under section 40102 of this title.]

TERMINATION OF ADVISORY PANELS

Advisory panels established after Jan. 5, 1973, to terminate not

later than expiration of 2-year period beginning on the date of

their establishment, unless, in the case of a panel established by

the President or an officer of the Federal Government, such panel

is renewed by appropriate action prior to expiration of such 2-year

period, or in the case of a panel established by Congress, its

duration is otherwise provided for by law. See sections 3(2) and 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 44501, 44508, 44937,

48107 of this title.

-End-

-CITE-

49 USC Sec. 44913 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44913. Explosive detection

-STATUTE-

(a) Deployment and Purchase of Equipment. - (1) A deployment or

purchase of explosive detection equipment under section 108.7(b)(8)

or 108.20 of title 14, Code of Federal Regulations, or similar

regulation is required only if the Under Secretary of

Transportation for Security certifies that the equipment alone, or

as part of an integrated system, can detect under realistic air

carrier operating conditions the amounts, configurations, and types

of explosive material that would likely be used to cause

catastrophic damage to commercial aircraft. The Under Secretary

shall base the certification on the results of tests conducted

under protocols developed in consultation with expert scientists

outside of the Transportation Security Administration. Those tests

shall be completed not later than April 16, 1992.

(2) Before completion of the tests described in paragraph (1) of

this subsection, but not later than April 16, 1992, the Under

Secretary may require deployment of explosive detection equipment

described in paragraph (1) if the Under Secretary decides that

deployment will enhance aviation security significantly. In making

that decision, the Under Secretary shall consider factors such as

the ability of the equipment alone, or as part of an integrated

system, to detect under realistic air carrier operating conditions

the amounts, configurations, and types of explosive material that

would likely be used to cause catastrophic damage to commercial

aircraft. The Under Secretary shall notify the Committee on

Commerce, Science, and Transportation of the Senate and the

Committee on Transportation and Infrastructure of the House of

Representatives of a deployment decision made under this paragraph.

(3) Until such time as the Under Secretary determines that

equipment certified under paragraph (1) is commercially available

and has successfully completed operational testing as provided in

paragraph (1), the Under Secretary shall facilitate the deployment

of such approved commercially available explosive detection devices

as the Under Secretary determines will enhance aviation security

significantly. The Under Secretary shall require that equipment

deployed under this paragraph be replaced by equipment certified

under paragraph (1) when equipment certified under paragraph (1)

becomes commercially available. The Under Secretary is authorized,

based on operational considerations at individual airports, to

waive the required installation of commercially available equipment

under paragraph (1) in the interests of aviation security. The

Under Secretary may permit the requirements of this paragraph to be

met at airports by the deployment of dogs or other appropriate

animals to supplement equipment for screening passengers, baggage,

mail, or cargo for explosives or weapons.

(4) This subsection does not prohibit the Under Secretary from

purchasing or deploying explosive detection equipment described in

paragraph (1) of this subsection.

(b) Grants. - The Secretary of Transportation may provide grants

to continue the Explosive Detection K-9 Team Training Program to

detect explosives at airports and on aircraft.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1214; Pub. L.

104-264, title III, Sec. 305(a), Oct. 9, 1996, 110 Stat. 3252; Pub.

L. 104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L.

107-71, title I, Sec. 101(f)(2), (7), (9), Nov. 19, 2001, 115 Stat.

603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44913(a)(1) 49 App.:1358c(a), Aug. 23, 1958, Pub. L.

(b). 85-726, 72 Stat. 731, Sec.

320; added Nov. 16, 1990,

Pub. L. 101-604, Sec. 108,

104 Stat. 3077.

44913(a)(2) 49 App.:1358c(c).

44913(a)(3) 49 App.:1358c(d).

44913(b) 49 App.:2225. Sept. 3, 1982, Pub. L.

97-248, Sec. 529, 96 Stat.

699; Dec. 30, 1987, Pub. L.

100-223, Sec. 114, 101 Stat.

1505.

--------------------------------------------------------------------

In subsection (a), the words "after November 16, 1990" are

omitted as executed. The words "The Administrator shall base the

certification on" are substituted for "based on" because of the

restatement.

In subsection (b), the words "but not be limited to" are omitted

as unnecessary.

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-71, Sec. 101(f)(9),

substituted "of Transportation for Security" for "of the Federal

Aviation Administration".

Pub. L. 107-71, Sec. 101(f)(7), substituted "Under Secretary" for

"Administrator" in two places.

Pub. L. 107-71, Sec. 101(f)(2), substituted "of the

Transportation Security Administration" for "of the Administration"

in second sentence.

Subsec. (a)(2) to (4). Pub. L. 107-71, Sec. 101(f)(7),

substituted "Under Secretary" for "Administrator" wherever

appearing.

1996 - Subsec. (a)(2). Pub. L. 104-287 substituted

"Transportation and Infrastructure" for "Public Works and

Transportation".

Subsec. (a)(3), (4). Pub. L. 104-264 added par. (3) and

redesignated former par. (3) as (4).

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC2-

WEAPONS AND EXPLOSIVE DETECTION STUDY

Section 303 of Pub. L. 104-264 provided that:

"(a) In General. - The Administrator of the Federal Aviation

Administration shall enter into an arrangement with the Director of

the National Academy of Sciences (or if the National Academy of

Sciences is not available, the head of another equivalent entity)

to conduct a study in accordance to this section.

"(b) Panel of Experts. -

"(1) In general. - In carrying out a study under this section,

the Director of the National Academy of Sciences (or the head of

another equivalent entity) shall establish a panel (hereinafter

in this section referred to as the 'panel').

"(2) Expertise. - Each member of the panel shall have expertise

in weapons and explosive detection technology, security, air

carrier and airport operations, or another appropriate area. The

Director of the National Academy of Sciences (or the head of

another equivalent entity) shall ensure that the panel has an

appropriate number of representatives of the areas specified in

the preceding sentence.

"(c) Study. - The panel, in consultation with the National

Science and Technology Council, representatives of appropriate

Federal agencies, and appropriate members of the private sector,

shall -

"(1) assess the weapons and explosive detection technologies

that are available at the time of the study that are capable of

being effectively deployed in commercial aviation;

"(2) determine how the technologies referred to in paragraph

(1) may more effectively be used for promotion and improvement of

security at airport and aviation facilities and other secured

areas;

"(3) assess the cost and advisability of requiring hardened

cargo containers as a way to enhance aviation security and reduce

the required sensitivity of bomb detection equipment; and

"(4) on the basis of the assessments and determinations made

under paragraphs (1), (2), and (3), identify the most promising

technologies for the improvement of the efficiency and

cost-effectiveness of weapons and explosive detection.

"(d) Cooperation. - The National Science and Technology Council

shall take such actions as may be necessary to facilitate, to the

maximum extent practicable and upon request of the Director of the

National Academy of Sciences (or the head of another equivalent

entity), the cooperation of representatives of appropriate Federal

agencies, as provided for in subsection (c), in providing the

panel, for the study under this section -

"(1) expertise; and

"(2) to the extent allowable by law, resources and facilities.

"(e) Reports. - The Director of the National Academy of Sciences

(or the head of another equivalent entity) shall, pursuant to an

arrangement entered into under subsection (a), submit to the

Administrator such reports as the Administrator considers to be

appropriate. Upon receipt of a report under this subsection, the

Administrator shall submit a copy of the report to the appropriate

committees of Congress.

"(f) Authorization of Appropriations. - There are authorized to

be appropriated for each of fiscal years 1997 through 2001 such

sums as may be necessary to carry out this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title; title

26 section 4261.

-End-

-CITE-

49 USC Sec. 44914 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44914. Airport construction guidelines

-STATUTE-

In consultation with air carriers, airport authorities, and

others the Under Secretary of Transportation for Security considers

appropriate, the Under Secretary shall develop guidelines for

airport design and construction to allow for maximum security

enhancement. In developing the guidelines, the Under Secretary

shall consider the results of the assessment carried out under

section 44904(a) of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1214; Pub. L.

107-71, title I, Sec. 101(f)(7), (9), Nov. 19, 2001, 115 Stat.

603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44914 49 App.:1357 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 106(f), 104

Stat. 3075.

49 App.:1432(d). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

612(d); added Nov. 16, 1990,

Pub. L. 101-604, Sec.

110(a), 104 Stat. 3080.

--------------------------------------------------------------------

The words "In developing the guidelines" are substituted for "In

developing airport construction guidelines under subsection (d) of

section 612 of the Federal Aviation Act of 1958, as added by

section 110 of this Act" in section 106(f) of the Aviation Security

Improvement Act of 1990 (Public Law 101-604, 104 Stat. 3075) to

eliminate unnecessary words.

AMENDMENTS

2001 - Pub. L. 107-71 substituted "Under Secretary" for

"Administrator" wherever appearing and "of Transportation for

Security" for "of the Federal Aviation Administration".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 44915 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44915. Exemptions

-STATUTE-

The Under Secretary of Transportation for Security may exempt

from sections 44901, 44903(a)-(c) and (e), 44906, 44935, and 44936

of this title airports in Alaska served only by air carriers that -

(1) hold certificates issued under section 41102 of this title;

(2) operate aircraft with certificates for a maximum gross

takeoff weight of less than 12,500 pounds; and

(3) board passengers, or load property intended to be carried

in an aircraft cabin, that will be screened under section 44901

of this title at another airport in Alaska before the passengers

board, or the property is loaded on, an aircraft for a place

outside Alaska.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1215; Pub. L.

107-71, title I, Sec. 101(f)(7), (9), Nov. 19, 2001, 115 Stat.

603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44915 49 App.:1358. Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

317; added July 12, 1976,

Pub. L. 94-353, Sec. 17(a),

90 Stat. 882.

--------------------------------------------------------------------

In clause (1), the word "issued" is substituted for "granted" for

consistency in this part. The words "by the Civil Aeronautics

Board" are omitted as surplus.

Clause (3) is substituted for 49 App.:1358 (words after 3d comma)

for consistency in the revised title.

AMENDMENTS

2001 - Pub. L. 107-71 substituted "Under Secretary of

Transportation for Security" for "Administrator of the Federal

Aviation Administration" in introductory provisions.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 44916 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44916. Assessments and evaluations

-STATUTE-

(a) Periodic Assessments. - The Under Secretary of Transportation

for Security shall require each air carrier and airport (including

the airport owner or operator in cooperation with the air carriers

and vendors serving each airport) that provides for intrastate,

interstate, or foreign air transportation to conduct periodic

vulnerability assessments of the security systems of that air

carrier or airport, respectively. The Transportation Security

Administration shall perform periodic audits of such assessments.

(b) Investigations. - The Under Secretary shall conduct periodic

and unannounced inspections of security systems of airports and air

carriers to determine the effectiveness and vulnerabilities of such

systems. To the extent allowable by law, the Under Secretary may

provide for anonymous tests of those security systems.

-SOURCE-

(Added Pub. L. 104-264, title III, Sec. 312(a), Oct. 9, 1996, 110

Stat. 3253; amended Pub. L. 107-71, title I, Sec. 101(f)(3), (7),

Nov. 19, 2001, 115 Stat. 603.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 101(f)(3), substituted

"Under Secretary of Transportation for Security" for

"Administrator" in first sentence and "Transportation Security

Administration" for "Administration" in second sentence.

Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in two places.

EFFECTIVE DATE

Except as otherwise specifically provided, section applicable

only to fiscal years beginning after Sept. 30, 1996, and not to be

construed as affecting funds made available for a fiscal year

ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set

out as an Effective Date of 1996 Amendment note under section 106

of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 44917 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44917. Deployment of Federal air marshals

-STATUTE-

(a) In General. - The Under Secretary of Transportation for

Security under the authority provided by section 44903(d) -

(1) may provide for deployment of Federal air marshals on every

passenger flight of air carriers in air transportation or

intrastate air transportation;

(2) shall provide for deployment of Federal air marshals on

every such flight determined by the Secretary to present high

security risks;

(3) shall provide for appropriate training, supervision, and

equipment of Federal air marshals;

(4) shall require air carriers providing flights described in

paragraph (1) to provide seating for a Federal air marshal on any

such flight without regard to the availability of seats on the

flight and at no cost to the United States Government or the

marshal;

(5) may require air carriers to provide, on a space-available

basis, to an off-duty Federal air marshal a seat on a flight to

the airport nearest the marshal's home at no cost to the marshal

or the United States Government if the marshal is traveling to

that airport after completing his or her security duties;

(6) may enter into agreements with Federal, State, and local

agencies under which appropriately-trained law enforcement

personnel from such agencies, when traveling on a flight of an

air carrier, will carry a firearm and be prepared to assist

Federal air marshals;

(7) shall establish procedures to ensure that Federal air

marshals are made aware of any armed or unarmed law enforcement

personnel on board an aircraft; and

(8) may appoint -

(A) an individual who is a retired law enforcement officer;

(B) an individual who is a retired member of the Armed

Forces; and

(C) an individual who has been furloughed from an air carrier

crew position in the 1-year period beginning on September 11,

2001,

as a Federal air marshal, regardless of age, if the individual

otherwise meets the background and fitness qualifications

required for Federal air marshals.

(b) Long Distance Flights. - In making the determination under

subsection (a)(2), nonstop, long distance flights, such as those

targeted on September 11, 2001, should be a priority.

(c) Interim Measures. - Until the Under Secretary completes

implementation of subsection (a), the Under Secretary may use,

after consultation with and concurrence of the heads of other

Federal agencies and departments, personnel from those agencies and

departments, on a nonreimbursable basis, to provide air marshal

service.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 105(a), Nov. 19, 2001, 115

Stat. 606.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 44918 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44918. Crew training

-STATUTE-

(a) In General. - Not later than 60 days after the date of

enactment of the Aviation and Transportation Security Act, the

Administrator of the Federal Aviation Administration, in

consultation with the Under Secretary of Transportation for

Security, appropriate law enforcement, security, and terrorism

experts, representatives of air carriers and labor organizations

representing individuals employed in commercial aviation, shall

develop detailed guidance for a scheduled passenger air carrier

flight and cabin crew training program to prepare crew members for

potential threat conditions.

(b) Program Elements. - The guidance shall require such a program

to include, at a minimum, elements that address the following:

(1) Determination of the seriousness of any occurrence.

(2) Crew communication and coordination.

(3) Appropriate responses to defend oneself.

(4) Use of protective devices assigned to crew members (to the

extent such devices are required by the Administrator or Under

Secretary).

(5) Psychology of terrorists to cope with hijacker behavior and

passenger responses.

(6) Live situational training exercises regarding various

threat conditions.

(7) Flight deck procedures or aircraft maneuvers to defend the

aircraft.

(8) Any other subject matter deemed appropriate by the

Administrator.

(c) Air Carrier Programs. - Within 60 days after the

Administrator issues the guidance under subsection (a) in final

form, each air carrier shall develop a flight and cabin crew

training program in accordance with that guidance and submit it to

the Administrator for approval. Within 30 days after receiving an

air carrier's program under this subsection, the Administrator

shall review the program and approve it or require the air carrier

to make any revisions deemed necessary by the Administrator for the

program to meet the guidance requirements.

(d) Training. - Within 180 days after the Administrator approves

the training program developed by an air carrier under this

section, the air carrier shall complete the training of all flight

and cabin crews in accordance with that program.

(e) Updates. -

(1) In general. - The Under Secretary shall update the training

guidance issued under subsection (a) from time to time to reflect

new or different security threats and require air carriers to

revise their programs accordingly and provide additional training

to their flight and cabin crews.

(2) Additional requirements. - In updating the training

guidance, the Under Secretary, in consultation with the

Administrator, shall issue a rule to -

(A) require both classroom and effective hands-on situational

training in the following elements of self defense:

(i) recognizing suspicious activities and determining the

seriousness of an occurrence;

(ii) deterring a passenger who might present a problem;

(iii) crew communication and coordination;

(iv) the proper commands to give to passengers and

attackers;

(v) methods to subdue and restrain an attacker;

(vi) use of available items aboard the aircraft for

self-defense;

(vii) appropriate and effective responses to defend

oneself, including the use of force against an attacker;

(viii) use of protective devices assigned to crew members

(to the extent such devices are approved by the Administrator

or Under Secretary);

(ix) the psychology of terrorists to cope with their

behavior and passenger responses to that behavior; and

(x) how to respond to aircraft maneuvers that may be

authorized to defend against an act of criminal violence or

air piracy;

(B) require training in the proper conduct of a cabin search,

including the duty time required to conduct the search;

(C) establish the required number of hours of training and

the qualifications for the training instructors;

(D) establish the intervals, number of hours, and elements of

recurrent training;

(E) ensure that air carriers provide the initial training

required by this paragraph within 24 months of the date of

enactment of this subparagraph; and

(F) ensure that no person is required to participate in any

hands-on training activity that that person believes will have

an adverse impact on his or her health or safety.

(3) Responsibility of under secretary. - (A) Consultation. - In

developing the rule under paragraph (2), the Under Secretary

shall consult with law enforcement personnel and security experts

who have expertise in self-defense training, terrorism experts,

and representatives of air carriers, the provider of self-defense

training for Federal air marshals, flight attendants, labor

organizations representing flight attendants, and educational

institutions offering law enforcement training programs.

(B) Designation of official. - The Under Secretary shall

designate an official in the Transportation Security

Administration to be responsible for overseeing the

implementation of the training program under this subsection.

(C) Necessary resources and knowledge. - The Under Secretary

shall ensure that employees of the Administration responsible for

monitoring the training program have the necessary resources and

knowledge.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 107(a), Nov. 19, 2001, 115

Stat. 610; amended Pub. L. 107-296, title XIV, Sec. 1403(a), Nov.

25, 2002, 116 Stat. 2305.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsec. (a), is the date of enactment of Pub.

L. 107-71, which was approved Nov. 19, 2001.

The date of enactment of this subparagraph, referred to in

subsec. (e)(2)(E), is the date of enactment of Pub. L. 107-296,

which was approved Nov. 25, 2002.

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-296 designated existing

provisions as par. (1), inserted heading, substituted "The Under

Secretary" for "The Administrator", added pars. (2) and (3), and

realigned margins.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 44919 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44919. Security screening pilot program

-STATUTE-

(a) Establishment of Program. - The Under Secretary shall

establish a pilot program under which, upon approval of an

application submitted by an operator of an airport, the screening

of passengers and property at the airport under section 44901 will

be carried out by the screening personnel of a qualified private

screening company under a contract entered into with the Under

Secretary.

(b) Period of Pilot Program. - The pilot program under this

section shall begin on the last day of the 1-year period beginning

on the date of enactment of this section and end on the last day of

the 3-year period beginning on such date of enactment.

(c) Applications. - An operator of an airport may submit to the

Under Secretary an application to participate in the pilot program

under this section.

(d) Selection of Airports. - From among applications submitted

under subsection (c), the Under Secretary may select for

participation in the pilot program not more than 1 airport from

each of the 5 airport security risk categories, as defined by the

Under Secretary.

(e) Supervision of Screened Personnel. - The Under Secretary

shall provide Federal Government supervisors to oversee all

screening at each airport participating in the pilot program under

this section and provide Federal Government law enforcement

officers at the airport pursuant to this chapter.

(f) Qualified Private Screening Company. - A private screening

company is qualified to provide screening services at an airport

participating in the pilot program under this section if the

company will only employ individuals to provide such services who

meet all the requirements of this chapter applicable to Federal

Government personnel who perform screening services at airports

under this chapter and will provide compensation and other benefits

to such individuals that are not less than the level of

compensation and other benefits provided to such Federal Government

personnel in accordance with this chapter.

(g) Standards for Private Screening Companies. - The Under

Secretary may enter into a contract with a private screening

company to provide screening at an airport participating in the

pilot program under this section only if the Under Secretary

determines and certifies to Congress that the private screening

company is owned and controlled by a citizen of the United States,

to the extent that the Under Secretary determines that there are

private screening companies owned and controlled by such citizens.

(h) Termination of Contracts. - The Under Secretary may terminate

any contract entered into with a private screening company to

provide screening services at an airport under the pilot program if

the Under Secretary finds that the company has failed repeatedly to

comply with any standard, regulation, directive, order, law, or

contract applicable to the hiring or training of personnel to

provide such services or to the provision of screening at the

airport.

(i) Election. - If a contract is in effect with respect to

screening at an airport under the pilot program on the last day of

the 3-year period beginning on the date of enactment of this

section, the operator of the airport may elect to continue to have

such screening carried out by the screening personnel of a

qualified private screening company under a contract entered into

with the Under Secretary under section 44920 or by Federal

Government personnel in accordance with this chapter.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 108(a), Nov. 19, 2001, 115

Stat. 611.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsecs.

(b) and (i), is the date of enactment of Pub. L. 107-71, which was

approved Nov. 19, 2001.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 44901 of this title.

-End-

-CITE-

49 USC Sec. 44920 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44920. Security screening opt-out program

-STATUTE-

(a) In General. - On or after the last day of the 2-year period

beginning on the date on which the Under Secretary transmits to

Congress the certification required by section 110(c) of the

Aviation and Transportation Security Act, an operator of an airport

may submit to the Under Secretary an application to have the

screening of passengers and property at the airport under section

44901 to be carried out by the screening personnel of a qualified

private screening company under a contract entered into with the

Under Secretary.

(b) Approval of Applications. - The Under Secretary may approve

any application submitted under subsection (a).

(c) Qualified Private Screening Company. - A private screening

company is qualified to provide screening services at an airport

under this section if the company will only employ individuals to

provide such services who meet all the requirements of this chapter

applicable to Federal Government personnel who perform screening

services at airports under this chapter and will provide

compensation and other benefits to such individuals that are not

less than the level of compensation and other benefits provided to

such Federal Government personnel in accordance with this chapter.

(d) Standards for Private Screening Companies. - The Under

Secretary may enter into a contract with a private screening

company to provide screening at an airport under this section only

if the Under Secretary determines and certifies to Congress that -

(1) the level of screening services and protection provided at

the airport under the contract will be equal to or greater than

the level that would be provided at the airport by Federal

Government personnel under this chapter; and

(2) the private screening company is owned and controlled by a

citizen of the United States, to the extent that the Under

Secretary determines that there are private screening companies

owned and controlled by such citizens.

(e) Supervision of Screened Personnel. - The Under Secretary

shall provide Federal Government supervisors to oversee all

screening at each airport at which screening services are provided

under this section and provide Federal Government law enforcement

officers at the airport pursuant to this chapter.

(f) Termination of Contracts. - The Under Secretary may terminate

any contract entered into with a private screening company to

provide screening services at an airport under this section if the

Under Secretary finds that the company has failed repeatedly to

comply with any standard, regulation, directive, order, law, or

contract applicable to the hiring or training of personnel to

provide such services or to the provision of screening at the

airport.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 108(a), Nov. 19, 2001, 115

Stat. 612.)

-REFTEXT-

REFERENCES IN TEXT

Section 110(c) of the Aviation and Transportation Security Act,

referred to in subsec. (a), is section 110(c) of Pub. L. 107-71,

which is set out as a note under section 44901 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 44901, 44919 of this

title.

-End-

-CITE-

49 USC Sec. 44921 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER I - REQUIREMENTS

-HEAD-

Sec. 44921. Federal flight deck officer program

-STATUTE-

(a) Establishment. - The Under Secretary of Transportation for

Security shall establish a program to deputize volunteer pilots of

air carriers providing passenger air transportation or intrastate

passenger air transportation as Federal law enforcement officers to

defend the flight decks of aircraft of such air carriers against

acts of criminal violence or air piracy. Such officers shall be

known as "Federal flight deck officers".

(b) Procedural Requirements. -

(1) In general. - Not later than 3 months after the date of

enactment of this section, the Under Secretary shall establish

procedural requirements to carry out the program under this

section.

(2) Commencement of program. - Beginning 3 months after the

date of enactment of this section, the Under Secretary shall

begin the process of training and deputizing pilots who are

qualified to be Federal flight deck officers as Federal flight

deck officers under the program.

(3) Issues to be addressed. - The procedural requirements

established under paragraph (1) shall address the following

issues:

(A) The type of firearm to be used by a Federal flight deck

officer.

(B) The type of ammunition to be used by a Federal flight

deck officer.

(C) The standards and training needed to qualify and

requalify as a Federal flight deck officer.

(D) The placement of the firearm of a Federal flight deck

officer on board the aircraft to ensure both its security and

its ease of retrieval in an emergency.

(E) An analysis of the risk of catastrophic failure of an

aircraft as a result of the discharge (including an accidental

discharge) of a firearm to be used in the program into the

avionics, electrical systems, or other sensitive areas of the

aircraft.

(F) The division of responsibility between pilots in the

event of an act of criminal violence or air piracy if only 1

pilot is a Federal flight deck officer and if both pilots are

Federal flight deck officers.

(G) Procedures for ensuring that the firearm of a Federal

flight deck officer does not leave the cockpit if there is a

disturbance in the passenger cabin of the aircraft or if the

pilot leaves the cockpit for personal reasons.

(H) Interaction between a Federal flight deck officer and a

Federal air marshal on board the aircraft.

(I) The process for selection of pilots to participate in the

program based on their fitness to participate in the program,

including whether an additional background check should be

required beyond that required by section 44936(a)(1).

(J) Storage and transportation of firearms between flights,

including international flights, to ensure the security of the

firearms, focusing particularly on whether such security would

be enhanced by requiring storage of the firearm at the airport

when the pilot leaves the airport to remain overnight away from

the pilot's base airport.

(K) Methods for ensuring that security personnel will be able

to identify whether a pilot is authorized to carry a firearm

under the program.

(L) Methods for ensuring that pilots (including Federal

flight deck officers) will be able to identify whether a

passenger is a law enforcement officer who is authorized to

carry a firearm aboard the aircraft.

(M) Any other issues that the Under Secretary considers

necessary.

(N) The Under Secretary's decisions regarding the methods for

implementing each of the foregoing procedural requirements

shall be subject to review only for abuse of discretion.

(4) Preference. - In selecting pilots to participate in the

program, the Under Secretary shall give preference to pilots who

are former military or law enforcement personnel.

(5) Classified information. - Notwithstanding section 552 of

title 5 but subject to section 40119 of this title, information

developed under paragraph (3)(E) shall not be disclosed.

(6) Notice to congress. - The Under Secretary shall provide

notice to the Committee on Transportation and Infrastructure of

the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate after completing the

analysis required by paragraph (3)(E).

(7) Minimization of risk. - If the Under Secretary determines

as a result of the analysis under paragraph (3)(E) that there is

a significant risk of the catastrophic failure of an aircraft as

a result of the discharge of a firearm, the Under Secretary shall

take such actions as may be necessary to minimize that risk.

(c) Training, Supervision, and Equipment. -

(1) In general. - The Under Secretary shall only be obligated

to provide the training, supervision, and equipment necessary for

a pilot to be a Federal flight deck officer under this section at

no expense to the pilot or the air carrier employing the pilot.

(2) Training. -

(A) In general. - The Under Secretary shall base the

requirements for the training of Federal flight deck officers

under subsection (b) on the training standards applicable to

Federal air marshals; except that the Under Secretary shall

take into account the differing roles and responsibilities of

Federal flight deck officers and Federal air marshals.

(B) Elements. - The training of a Federal flight deck officer

shall include, at a minimum, the following elements:

(i) Training to ensure that the officer achieves the level

of proficiency with a firearm required under subparagraph

(C)(i).

(ii) Training to ensure that the officer maintains

exclusive control over the officer's firearm at all times,

including training in defensive maneuvers.

(iii) Training to assist the officer in determining when it

is appropriate to use the officer's firearm and when it is

appropriate to use less than lethal force.

(C) Training in use of firearms. -

(i) Standard. - In order to be deputized as a Federal

flight deck officer, a pilot must achieve a level of

proficiency with a firearm that is required by the Under

Secretary. Such level shall be comparable to the level of

proficiency required of Federal air marshals.

(ii) Conduct of training. - The training of a Federal

flight deck officer in the use of a firearm may be conducted

by the Under Secretary or by a firearms training facility

approved by the Under Secretary.

(iii) Requalification. - The Under Secretary shall require

a Federal flight deck officer to requalify to carry a firearm

under the program. Such requalification shall occur at an

interval required by the Under Secretary.

(d) Deputization. -

(1) In general. - The Under Secretary may deputize, as a

Federal flight deck officer under this section, a pilot who

submits to the Under Secretary a request to be such an officer

and whom the Under Secretary determines is qualified to be such

an officer.

(2) Qualification. - A pilot is qualified to be a Federal

flight deck officer under this section if -

(A) the pilot is employed by an air carrier;

(B) the Under Secretary determines (in the Under Secretary's

discretion) that the pilot meets the standards established by

the Under Secretary for being such an officer; and

(C) the Under Secretary determines that the pilot has

completed the training required by the Under Secretary.

(3) Deputization by other federal agencies. - The Under

Secretary may request another Federal agency to deputize, as

Federal flight deck officers under this section, those pilots

that the Under Secretary determines are qualified to be such

officers.

(4) Revocation. - The Under Secretary may,(!1) (in the Under

Secretary's discretion) revoke the deputization of a pilot as a

Federal flight deck officer if the Under Secretary finds that the

pilot is no longer qualified to be such an officer.

(e) Compensation. - Pilots participating in the program under

this section shall not be eligible for compensation from the

Federal Government for services provided as a Federal flight deck

officer. The Federal Government and air carriers shall not be

obligated to compensate a pilot for participating in the program or

for the pilot's training or qualification and requalification to

carry firearms under the program.

(f) Authority To Carry Firearms. -

(1) In general. - The Under Secretary shall authorize a Federal

flight deck officer to carry a firearm while engaged in providing

air transportation or intrastate air transportation.

Notwithstanding subsection (c)(1), the officer may purchase a

firearm and carry that firearm aboard an aircraft of which the

officer is the pilot in accordance with this section if the

firearm is of a type that may be used under the program.

(2) Preemption. - Notwithstanding any other provision of

Federal or State law, a Federal flight deck officer, whenever

necessary to participate in the program, may carry a firearm in

any State and from 1 State to another State.

(3) Carrying firearms outside united states. - In consultation

with the Secretary of State, the Under Secretary may take such

action as may be necessary to ensure that a Federal flight deck

officer may carry a firearm in a foreign country whenever

necessary to participate in the program.

(g) Authority To Use Force. - Notwithstanding section 44903(d),

the Under Secretary shall prescribe the standards and circumstances

under which a Federal flight deck officer may use, while the

program under this section is in effect, force (including lethal

force) against an individual in the defense of the flight deck of

an aircraft in air transportation or intrastate air transportation.

(h) Limitation on Liability. -

(1) Liability of air carriers. - An air carrier shall not be

liable for damages in any action brought in a Federal or State

court arising out of a Federal flight deck officer's use of or

failure to use a firearm.

(2) Liability of federal flight deck officers. - A Federal

flight deck officer shall not be liable for damages in any action

brought in a Federal or State court arising out of the acts or

omissions of the officer in defending the flight deck of an

aircraft against acts of criminal violence or air piracy unless

the officer is guilty of gross negligence or willful misconduct.

(3) Liability of federal government. - For purposes of an

action against the United States with respect to an act or

omission of a Federal flight deck officer in defending the flight

deck of an aircraft, the officer shall be treated as an employee

of the Federal Government under chapter 171 of title 28, relating

to tort claims procedure.

(i) Procedures Following Accidental Discharges. - If an

accidental discharge of a firearm under the pilot program results

in the injury or death of a passenger or crew member on an

aircraft, the Under Secretary -

(1) shall revoke the deputization of the Federal flight deck

officer responsible for that firearm if the Under Secretary

determines that the discharge was attributable to the negligence

of the officer; and

(2) if the Under Secretary determines that a shortcoming in

standards, training, or procedures was responsible for the

accidental discharge, the Under Secretary (!2) may temporarily

suspend the program until the shortcoming is corrected.

(j) Limitation on Authority of Air Carriers. - No air carrier

shall prohibit or threaten any retaliatory action against a pilot

employed by the air carrier from becoming a Federal flight deck

officer under this section. No air carrier shall -

(1) prohibit a Federal flight deck officer from piloting an

aircraft operated by the air carrier; or

(2) terminate the employment of a Federal flight deck officer,

solely on the basis of his or her volunteering for or

participating in the program under this section.

(k) Applicability. -

(1) Exemption. - This section shall not apply to air carriers

operating under part 135 of title 14, Code of Federal

Regulations, and to pilots employed by such carriers to the

extent that such carriers and pilots are covered by section

135.119 of such title or any successor to such section.

(2) Pilot defined. - The term "pilot" means an individual who

has final authority and responsibility for the operation and

safety of the flight or, if more than 1 pilot is required for the

operation of the aircraft or by the regulations under which the

flight is being conducted, the individual designated as second in

command.

-SOURCE-

(Added Pub. L. 107-296, title XIV, Sec. 1402(a), Nov. 25, 2002, 116

Stat. 2300.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec.

(b)(1), (2), is the date of enactment of Pub. L. 107-296, which was

approved Nov. 25, 2002.

-MISC1-

EFFECTIVE DATE

Section effective 60 days after Nov. 25, 2002, see section 4 of

Pub. L. 107-296, set out as a note under section 101 of Title 6,

Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

(!2) So in original. The words "the Under Secretary" probably

should not appear.

-End-

-CITE-

49 USC SUBCHAPTER II - ADMINISTRATION AND PERSONNEL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-End-

-CITE-

49 USC Secs. 44931, 44932 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

[Secs. 44931, 44932. Repealed. Pub. L. 107-71, title I, Sec.

101(f)(6), Nov. 19, 2001, 115 Stat. 603]

-MISC1-

Section 44931, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1215, related to the Director of Intelligence and Security.

Section 44932, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108

Stat. 1215; Pub. L. 107-71, title I, Sec. 110(a), Nov. 19, 2001,

115 Stat. 614, related to the Assistant Administrator for Civil

Aviation Security.

-End-

-CITE-

49 USC Sec. 44933 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44933. Federal Security Managers

-STATUTE-

(a) Establishment, Designation, and Stationing. - The Under

Secretary of Transportation for Security shall establish the

position of Federal Security Manager at each airport in the United

States described in section 44903(c). The Under Secretary shall

designate individuals as Managers for, and station those Managers

at, those airports.

(b) Duties and Powers. - The Manager at each airport shall -

(1) oversee the screening of passengers and property at the

airport; and

(2) carry out other duties prescribed by the Under Secretary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1216; Pub. L.

107-71, title I, Secs. 101(f)(4), 103, Nov. 19, 2001, 115 Stat.

603, 605.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44933(a) 49 Aug. 23, 1958, Pub. L.

App.:1358b(a)(1), 85-726, 72 Stat. 731, Sec.

(2), (4). 319(a); added Nov. 16, 1990,

Pub. L. 101-604, Sec. 104,

104 Stat. 3070.

44933(b) 49 App.:1358b(a)(3).

44933(c) 49 App.:1358b(a)(5).

--------------------------------------------------------------------

In subsection (a), the words "Not later than 90 days after

November 16, 1990" are omitted as obsolete. The words "The

Administrator shall designate individuals as Managers for, and

station those Managers at, those airports" are substituted for "and

shall begin designating persons as such Managers and stationing

such Managers at such airports" for clarity and because of the

restatement. The words "and designate a current field employee of

the Administration as a Manager" are substituted for "assign the

functions and responsibilities described in this section to

existing Federal Aviation Administration field personnel and

designate such personnel accordingly" to eliminate unnecessary

words. The words "to the office of" are omitted as unnecessary. The

words "Not later than 1 year after November 16, 1990" are omitted

as obsolete. The words "Secretary of Transportation" are

substituted for "Department of Transportation" because of 49:102.

In subsection (b), before clause (1), the words "The Manager at

each airport shall" are substituted for "The responsibilities of a

Federal Security Manager shall include the following" to eliminate

unnecessary words. In clause (2)(A), the words "air carrier" are

substituted for "such air carrier" because this is the first time

the term is used in the source provisions. In clause (3), the words

"United States Government" are substituted for "Federal" for

clarity and consistency in the revised title and with other titles

of the United States Code. In clause (7), the words "other

Managers" are substituted for "Federal Security Managers at other

airports, as appropriate" to eliminate unnecessary words.

In subsection (c), the words "duties and powers" are substituted

for "responsibilities" for clarity and consistency in the revised

title and with other titles of the Code.

AMENDMENTS

2001 - Pub. L. 107-71, Sec. 103, amended section generally,

substituting provisions relating to designation, establishment, and

stationing procedures and duties and powers for provisions which

contained a more detailed listing of responsibilities and a

prohibition against a Civil Aviation Security Field Officer being

assigned security duties and powers at an airport having a Manager.

Subsec. (a). Pub. L. 107-71, Sec. 101(f)(4), substituted "Under

Secretary" for "Assistant Administrator for Civil Aviation

Security".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 114, 44934 of this

title.

-End-

-CITE-

49 USC Sec. 44934 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44934. Foreign Security Liaison Officers

-STATUTE-

(a) Establishment, Designation, and Stationing. - The Under

Secretary of Transportation for Security shall establish the

position of Foreign Security Liaison Officer for each airport

outside the United States at which the Under Secretary decides an

Officer is necessary for air transportation security. In

coordination with the Secretary of State, the Under Secretary shall

designate an Officer for each of those airports. In coordination

with the Secretary, the Under Secretary shall designate an Officer

for each of those airports where extraordinary security measures

are in place. The Secretary shall give high priority to stationing

those Officers.

(b) Duties and Powers. - An Officer reports directly to the Under

Secretary. The Officer at each airport shall -

(1) serve as the liaison of the Under Secretary to foreign

security authorities (including governments of foreign countries

and foreign airport authorities) in carrying out United States

Government security requirements at that airport; and

(2) to the extent practicable, carry out duties and powers

referred to in section 44933(b) of this title.

(c) Coordination of Activities. - The activities of each Officer

shall be coordinated with the chief of the diplomatic mission of

the United States to which the Officer is assigned. Activities of

an Officer under this section shall be consistent with the duties

and powers of the Secretary and the chief of mission to a foreign

country under section 103 of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986 (22 U.S.C. 4802) and section 207 of the

Foreign Service Act of 1980 (22 U.S.C. 3927).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1217; Pub. L.

107-71, title I, Sec. 101(f)(4), (5), (7), (9), Nov. 19, 2001, 115

Stat. 603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44934(a) 49 Aug. 23, 1958, Pub. L.

App.:1358b(b)(1), 85-726, 72 Stat. 731, Sec.

(2). 319(b); added Nov. 16, 1990,

Pub. L. 101-604, Sec. 104,

104 Stat. 3071.

44934(b) 49

App.:1358b(b)(3),

(4).

44934(c) 49 App.:1358b(b)(5).

--------------------------------------------------------------------

In subsection (a), the words "Not later than 90 days after

November 16, 1990" are omitted as obsolete. The words "shall

designate" are substituted for "shall begin assigning" for

consistency with the source provisions restated in section 44933 of

the revised title and because of the restatement. The words "Not

later than 2 years after November 16, 1990" are omitted as

obsolete. The word "designate" is substituted for "assign" for

consistency with the source provisions restated in section 44933 of

the revised title. The words "outside the United States" are

omitted as unnecessary.

In subsection (b), before clause (1), the words "to the office

of" are omitted as unnecessary. In clause (1), the words

"governments of foreign countries and foreign airport authorities"

are substituted for "foreign governments and airport authorities"

for clarity and consistency in the revised title and with other

titles of the United States Code. In clause (2), the words "duties

and powers" are substituted for "responsibilities" for consistency

in the revised title and with other titles of the Code.

In subsection (c), the words "duties and powers" are substituted

for "authorities" for clarity and consistency in the revised title

and with other titles of the Code.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 101(f)(7), (9),

substituted "Under Secretary" for "Administrator" wherever

appearing and "of Transportation for Security" for "of the Federal

Aviation Administration".

Subsec. (b). Pub. L. 107-71, Sec. 101(f)(4), substituted "Under

Secretary" for "Assistant Administrator for Civil Aviation

Security" in introductory provisions.

Subsec. (b)(1). Pub. L. 107-71, Sec. 101(f)(5), substituted

"Under Secretary" for "Assistant Administrator".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 44935 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44935. Employment standards and training

-STATUTE-

(a) Employment Standards. - The Under Secretary of Transportation

for Security shall prescribe standards for the employment and

continued employment of, and contracting for, air carrier personnel

and, as appropriate, airport security personnel. The standards

shall include -

(1) minimum training requirements for new employees;

(2) retraining requirements;

(3) minimum staffing levels;

(4) minimum language skills; and

(5) minimum education levels for employees, when appropriate.

(b) Review and Recommendations. - In coordination with air

carriers, airport operators, and other interested persons, the

Under Secretary shall review issues related to human performance in

the aviation security system to maximize that performance. When the

review is completed, the Under Secretary shall recommend guidelines

and prescribe appropriate changes in existing procedures to improve

that performance.

(c) Security Program Training, Standards, and Qualifications. -

(1) The Under Secretary -

(A) may train individuals employed to carry out a security

program under section 44903(c) of this title; and

(B) shall prescribe uniform training standards and uniform

minimum qualifications for individuals eligible for that

training.

(2) The Under Secretary may authorize reimbursement for travel,

transportation, and subsistence expenses for security training of

non-United States Government domestic and foreign individuals whose

services will contribute significantly to carrying out civil

aviation security programs. To the extent practicable, air travel

reimbursed under this paragraph shall be on air carriers.

(d) Education and Training Standards for Security Coordinators,

Supervisory Personnel, and Pilots. - (1) The Under Secretary shall

prescribe standards for educating and training -

(A) ground security coordinators;

(B) security supervisory personnel; and

(C) airline pilots as in-flight security coordinators.

(2) The standards shall include initial training, retraining, and

continuing education requirements and methods. Those requirements

and methods shall be used annually to measure the performance of

ground security coordinators and security supervisory personnel.

(e) Security Screeners. -

(1) Training program. - The Under Secretary of Transportation

for Security shall establish a program for the hiring and

training of security screening personnel.

(2) Hiring. -

(A) Qualifications. - Within 30 days after the date of

enactment of the Aviation and Transportation Security Act, the

Under Secretary shall establish qualification standards for

individuals to be hired by the United States as security

screening personnel. Notwithstanding any provision of law,

those standards shall require, at a minimum, an individual -

(i) to have a satisfactory or better score on a Federal

security screening personnel selection examination;

(ii) to be a citizen of the United States or a national of

the United States, as defined in section 1101(a)(22) (!1) of

the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

(iii) to meet, at a minimum, the requirements set forth in

subsection (f);

(iv) to meet such other qualifications as the Under

Secretary may establish; and

(v) to have the ability to demonstrate daily a fitness for

duty without any impairment due to illegal drugs, sleep

deprivation, medication, or alcohol.

(B) Background checks. - The Under Secretary shall require

that an individual to be hired as a security screener undergo

an employment investigation (including a criminal history

record check) under section 44936(a)(1).

(C) Disqualification of individuals who present national

security risks. - The Under Secretary, in consultation with the

heads of other appropriate Federal agencies, shall establish

procedures, in addition to any background check conducted under

section 44936, to ensure that no individual who presents a

threat to national security is employed as a security screener.

(3) Examination; review of existing rules. - The Under

Secretary shall develop a security screening personnel

examination for use in determining the qualification of

individuals seeking employment as security screening personnel.

The Under Secretary shall also review, and revise as necessary,

any standard, rule, or regulation governing the employment of

individuals as security screening personnel.

(f) Employment Standards for Screening Personnel. -

(1) Screener requirements. - Notwithstanding any provision of

law, an individual may not be deployed as a security screener

unless that individual meets the following requirements:

(A) The individual shall possess a high school diploma, a

general equivalency diploma, or experience that the Under

Secretary has determined to be sufficient for the individual to

perform the duties of the position.

(B) The individual shall possess basic aptitudes and physical

abilities, including color perception, visual and aural acuity,

physical coordination, and motor skills, to the following

standards:

(i) Screeners operating screening equipment shall be able

to distinguish on the screening equipment monitor the

appropriate imaging standard specified by the Under

Secretary.

(ii) Screeners operating any screening equipment shall be

able to distinguish each color displayed on every type of

screening equipment and explain what each color signifies.

(iii) Screeners shall be able to hear and respond to the

spoken voice and to audible alarms generated by screening

equipment in an active checkpoint environment.

(iv) Screeners performing physical searches or other

related operations shall be able to efficiently and

thoroughly manipulate and handle such baggage, containers,

and other objects subject to security processing.

(v) Screeners who perform pat-downs or hand-held metal

detector searches of individuals shall have sufficient

dexterity and capability to thoroughly conduct those

procedures over an individual's entire body.

(C) The individual shall be able to read, speak, and write

English well enough to -

(i) carry out written and oral instructions regarding the

proper performance of screening duties;

(ii) read English language identification media,

credentials, airline tickets, and labels on items normally

encountered in the screening process;

(iii) provide direction to and understand and answer

questions from English-speaking individuals undergoing

screening; and

(iv) write incident reports and statements and log entries

into security records in the English language.

(D) The individual shall have satisfactorily completed all

initial, recurrent, and appropriate specialized training

required by the security program, except as provided in

paragraph (3).

(2) Veterans preference. - The Under Secretary shall provide a

preference for the hiring of an individual as a security screener

if the individual is a member or former member of the armed

forces and if the individual is entitled, under statute, to

retired, retirement, or retainer pay on account of service as a

member of the armed forces.

(3) Exceptions. - An individual who has not completed the

training required by this section may be deployed during the

on-the-job portion of training to perform functions if that

individual -

(A) is closely supervised; and

(B) does not make independent judgments as to whether

individuals or property may enter a sterile area or aircraft

without further inspection.

(4) Remedial training. - No individual employed as a security

screener may perform a screening function after that individual

has failed an operational test related to that function until

that individual has successfully completed the remedial training

specified in the security program.

(5) Annual proficiency review. - The Under Secretary shall

provide that an annual evaluation of each individual assigned

screening duties is conducted and documented. An individual

employed as a security screener may not continue to be employed

in that capacity unless the evaluation demonstrates that the

individual -

(A) continues to meet all qualifications and standards

required to perform a screening function;

(B) has a satisfactory record of performance and attention to

duty based on the standards and requirements in the security

program; and

(C) demonstrates the current knowledge and skills necessary

to courteously, vigilantly, and effectively perform screening

functions.

(6) Operational testing. - In addition to the annual

proficiency review conducted under paragraph (5), the Under

Secretary shall provide for the operational testing of such

personnel.

(g) Training. -

(1) Use of other agencies. - The Under Secretary may enter into

a memorandum of understanding or other arrangement with any other

Federal agency or department with appropriate law enforcement

responsibilities, to provide personnel, resources, or other forms

of assistance in the training of security screening personnel.

(2) Training plan. - Within 60 days after the date of enactment

of the Aviation and Transportation Security Act, the Under

Secretary shall develop a plan for the training of security

screening personnel. The plan shall require, at a minimum, that a

security screener -

(A) has completed 40 hours of classroom instruction or

successfully completed a program that the Under Secretary

determines will train individuals to a level of proficiency

equivalent to the level that would be achieved by such

classroom instruction;

(B) has completed 60 hours of on-the-job instructions; and

(C) has successfully completed an on-the-job training

examination prescribed by the Under Secretary.

(3) Equipment-specific training. - An individual employed as a

security screener may not use any security screening device or

equipment in the scope of that individual's employment unless the

individual has been trained on that device or equipment and has

successfully completed a test on the use of the device or

equipment.

(h) Technological Training. -

(1) In general. - The Under Secretary shall require training to

ensure that screeners are proficient in using the most up-to-date

new technology and to ensure their proficiency in recognizing new

threats and weapons.

(2) Periodic assessments. - The Under Secretary shall make

periodic assessments to determine if there are dual use items and

inform security screening personnel of the existence of such

items.

(3) Current lists of dual use items. - Current lists of dual

use items shall be part of the ongoing training for screeners.

(4) Dual use defined. - For purposes of this subsection, the

term "dual use" item means an item that may seem harmless but

that may be used as a weapon.

(i) (!2) Limitation on Right To Strike. - An individual that

screens passengers or property, or both, at an airport under this

section may not participate in a strike, or assert the right to

strike, against the person (including a governmental entity)

employing such individual to perform such screening.

(j) Uniforms. - The Under Secretary shall require any individual

who screens passengers and property pursuant to section 44901 to be

attired while on duty in a uniform approved by the Under Secretary.

(i) (!2) Accessibility of Computer-Based Training Facilities. -

The Under Secretary shall work with air carriers and airports to

ensure that computer-based training facilities intended for use by

security screeners at an airport regularly serving an air carrier

holding a certificate issued by the Secretary of Transportation are

conveniently located for that airport and easily accessible.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1217; Pub. L.

106-528, Sec. 3, Nov. 22, 2000, 114 Stat. 2519; Pub. L. 107-71,

title I, Secs. 101(f)(7), (9), 111(a), Nov. 19, 2001, 115 Stat.

603, 616; Pub. L. 107-296, title XVI, Sec. 1603, Nov. 25, 2002, 116

Stat. 2313.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44935(a) 49 App.:1357(h). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

316(h)-(j); added Nov. 16,

1990, Pub. L. 101-604, Sec.

105(a), 104 Stat. 3073.

44935(b) 49 App.:1357(i).

44935(c) 49 App.:1357(c). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

316(c); added Aug. 5, 1974,

Pub. L. 93-366, Sec. 202, 88

Stat. 416; Oct. 31, 1992,

Pub. L. 102-581, Sec. 202,

106 Stat. 4890.

44935(d) 49 App.:1357(j).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Not later than

270 days after November 16, 1990" are omitted as obsolete. The

words "contracting for" are substituted for "contracting of" for

clarity and consistency in the revised title.

In subsection (c)(1)(A), the words "individuals employed" are

substituted for "personnel employed by him . . . and for other

personnel, including State, local, and private law enforcement

personnel, whose services may be utilized" for clarity and

consistency in the revised title and with other titles of the

United States Code.

In subsection (c)(1)(B), the words "individuals eligible" are

substituted for "personnel whose services are utilized to enforce

any such transportation security program, including State, local,

and private law enforcement personnel . . . for personnel

eligible" for clarity and consistency in the revised title and with

other titles of the Code.

In subsection (c)(2), the words "under this section" are omitted

as unnecessary. The words "United States" before "air carriers" are

omitted because of the definition of "air carrier" in section

40102(a) of the revised title.

In subsection (d)(1), before clause (A), the words "Not later

than 180 days after November 16, 1990" are omitted as obsolete.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsecs. (e)(2)(A) and (g)(2), is the date of

enactment of Pub. L. 107-71, which was approved Nov. 19, 2001.

-MISC2-

AMENDMENTS

2002 - Subsec. (e)(2)(A)(ii). Pub. L. 107-296 substituted

"citizen of the United States or a national of the United States,

as defined in section 1101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22))" for "citizen of the United

States".

2001 - Subsec. (a). Pub. L. 107-71, Sec. 101(f)(7), (9),

substituted "Under Secretary of Transportation for Security" for

"Administrator of the Federal Aviation Administration" in

introductory provisions.

Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in two places.

Subsec. (c). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in introductory provisions of par.

(1) and in par. (2).

Subsec. (d)(1). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator" in introductory provisions.

Subsec. (e). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (e)

and struck out former subsec. (e) which established training

standards for screeners.

Subsec. (f). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (f).

Former subsec. (f) redesignated (i).

Pub. L. 107-71, Sec. 101(f)(7), substituted "Under Secretary" for

"Administrator".

Subsecs. (g), (h). Pub. L. 107-71, Sec. 111(a)(2), added subsecs.

(g) and (h).

Subsec. (i). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (i)

relating to limitation on right to strike.

Pub. L. 107-71, Sec. 111(a)(1), redesignated subsec. (f) as (i)

relating to accessibility of computer-based training facilities.

Subsec. (j). Pub. L. 107-71, Sec. 111(a)(2), added subsec. (j).

2000 - Subsecs. (e), (f). Pub. L. 106-528 added subsecs. (e) and

(f).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-528 effective 30 days after Nov. 22,

2000, see section 9 of Pub. L. 106-528, set out as a note under

section 106 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC3-

TRANSITION

Pub. L. 107-71, title I, Sec. 111(c), Nov. 19, 2001, 115 Stat.

620, provided that: "The Under Secretary of Transportation for

Security shall complete the full implementation of section 44935

(e), (f), (g), and (h) of title 49, United States Code, as amended

by subsection (a), as soon as is practicable. The Under Secretary

may make or continue such arrangements for the training of security

screeners under that section as the Under Secretary determines

necessary pending full implementation of that section as so

amended."

SCREENER PERSONNEL

Pub. L. 107-71, title I, Sec. 111(d), Nov. 19, 2001, 115 Stat.

620, provided that: "Notwithstanding any other provision of law,

the Under Secretary of Transportation for Security may employ,

appoint, discipline, terminate, and fix the compensation, terms,

and conditions of employment of Federal service for such a number

of individuals as the Under Secretary determines to be necessary to

carry out the screening functions of the Under Secretary under

section 44901 of title 49, United States Code. The Under Secretary

shall establish levels of compensation and other benefits for

individuals so employed."

CERTIFICATION OF SCREENING COMPANIES

Pub. L. 104-264, title III, Sec. 302, Oct. 9, 1996, 110 Stat.

3250, provided that: "The Administrator of the Federal Aviation

Administration is directed to certify companies providing security

screening and to improve the training and testing of security

screeners through development of uniform performance standards for

providing security screening services."

STUDIES OF MINIMUM STANDARDS FOR PILOT QUALIFICATIONS AND OF PAY

FOR TRAINING

Pub. L. 104-264, title V, Sec. 503, Oct. 9, 1996, 110 Stat. 3263,

provided that:

"(a) Study. - The Administrator of the Federal Aviation

Administration shall appoint a task force consisting of appropriate

representatives of the aviation industry to conduct -

"(1) a study directed toward the development of -

"(A) standards and criteria for preemployment screening tests

measuring the psychomotor coordination, general intellectual

capacity, instrument and mechanical comprehension, and physical

and mental fitness of an applicant for employment as a pilot by

an air carrier; and

"(B) standards and criteria for pilot training facilities to

be licensed by the Administrator and which will assure that

pilots trained at such facilities meet the preemployment

screening standards and criteria described in subparagraph (A);

and

"(2) a study to determine if the practice of some air carriers

to require employees or prospective employees to pay for the

training or experience that is needed to perform flight check

duties for an air carrier is in the public interest.

"(b) Report. - Not later than 1 year after the date of the

enactment of this Act [Oct. 9, 1996], the Administrator shall

transmit to Congress a report on the results of the study conducted

under subsection (a)(2)."

STUDY OF MINIMUM FLIGHT TIME

Pub. L. 104-264, title V, Sec. 504, Oct. 9, 1996, 110 Stat. 3263,

provided that:

"(a) Study. - The Administrator of the Federal Aviation

Administration shall conduct a study to determine whether current

minimum flight time requirements applicable to individuals seeking

employment as a pilot with an air carrier are sufficient to ensure

public safety.

"(b) Report. - Not later than 1 year after the date of the

enactment of this Act [Oct. 9, 1996], the Administrator shall

transmit to Congress a report on the results of the study."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 114, 40109, 44915,

44936, 44937 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "101(a)(22)".

(!2) So in original. Two subsecs. (i) have been enacted.

-End-

-CITE-

49 USC Sec. 44936 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44936. Employment investigations and restrictions

-STATUTE-

(a) Employment Investigation Requirement. - (1)(A) The Under

Secretary of Transportation for Security shall require by

regulation that an employment investigation, including a criminal

history record check and a review of available law enforcement data

bases and records of other governmental and international agencies

to the extent determined practicable by the Under Secretary of

Transportation for Transportation Security,,(!1) shall be conducted

of each individual employed in, or applying for, a position as a

security screener under section 44935(e) or a position in which the

individual has unescorted access, or may permit other individuals

to have unescorted access, to -

(i) aircraft of an air carrier or foreign air carrier; or

(ii) a secured area of an airport in the United States the

Under Secretary designates that serves an air carrier or foreign

air carrier.

(B) The Under Secretary shall require by regulation that an

employment investigation (including a criminal history record check

and a review of available law enforcement data bases and records of

other governmental and international agencies to the extent

determined practicable by the Under Secretary of Transportation for

Transportation Security) be conducted for -

(i) individuals who are responsible for screening passengers or

property under section 44901 of this title;

(ii) supervisors of the individuals described in clause (i);

(iii) individuals who regularly have escorted access to

aircraft of an air carrier or foreign air carrier or a secured

area of an airport in the United States the Administrator

designates that serves an air carrier or foreign air carrier; and

(iv) such other individuals who exercise security functions

associated with baggage or cargo, as the Under Secretary

determines is necessary to ensure air transportation security.

(C) Background checks of current employees. -

(i) A new background check (including a criminal history record

check and a review of available law enforcement data bases and

records of other governmental and international agencies to the

extent determined practicable by the Under Secretary of

Transportation for Transportation Security shall be required for

any individual who is employed in a position described in

subparagraphs (A) and (B) on the date of enactment of the

Aviation and Transportation Security Act.

(ii) The Under Secretary may provide by order (without regard

to the provisions of chapter 5 of title 5, United States Code)

for a phased-in implementation of the requirements of this

subparagraph.

(D) Exemption. - An employment investigation, including a

criminal history record check, shall not be required under this

subsection for an individual who is exempted under section

107.31(m)(1) or (2) of title 14, Code of Federal Regulations, as in

effect on November 22, 2000. The Under Secretary shall work with

the International Civil Aviation Organization and with appropriate

authorities of foreign countries to ensure that individuals

exempted under this subparagraph do not pose a threat to aviation

or national security.

(2) An air carrier, foreign air carrier, airport operator, or

government that employs, or authorizes or makes a contract for the

services of, an individual in a position described in paragraph (1)

of this subsection shall ensure that the investigation the Under

Secretary requires is conducted.

(3) The Under Secretary shall provide for the periodic audit of

the effectiveness of criminal history record checks conducted under

paragraph (1) of this subsection.

(b) Prohibited Employment. - (1) Except as provided in paragraph

(3) of this subsection, an air carrier, foreign air carrier,

airport operator, or government may not employ, or authorize or

make a contract for the services of, an individual in a position

described in subsection (a)(1) of this section if -

(A) the investigation of the individual required under this

section has not been conducted; or

(B) the results of that investigation establish that, in the

10-year period ending on the date of the investigation, the

individual was convicted (or found not guilty by reason of

insanity) of -

(i) a crime referred to in section 46306, 46308, 46312,

46314, or 46315 or chapter 465 of this title or section 32 of

title 18;

(ii) murder;

(iii) assault with intent to murder;

(iv) espionage;

(v) sedition;

(vi) treason;

(vii) rape;

(viii) kidnapping;

(ix) unlawful possession, sale, distribution, or manufacture

of an explosive or weapon;

(x) extortion;

(xi) armed or felony unarmed robbery;

(xii) distribution of, or intent to distribute, a controlled

substance;

(xiii) a felony involving a threat;

(xiv) a felony involving -

(I) willful destruction of property;

(II) importation or manufacture of a controlled substance;

(III) burglary;

(IV) theft;

(V) dishonesty, fraud, or misrepresentation;

(VI) possession or distribution of stolen property;

(VII) aggravated assault;

(VIII) bribery; and

(IX) illegal possession of a controlled substance

punishable by a maximum term of imprisonment of more than 1

year, or any other crime classified as a felony that the

Under Secretary determines indicates a propensity for placing

contraband aboard an aircraft in return for money; or

(xv) conspiracy to commit any of the acts referred to in

clauses (i) through (xiv).

(2) The Under Secretary may specify other factors that are

sufficient to prohibit the employment of an individual in a

position described in subsection (a)(1) of this section.

(3) An air carrier, foreign air carrier, airport operator, or

government may employ, or authorize or contract for the services

of, an individual in a position described in subsection (a)(1) of

this section without carrying out the investigation required under

this section, if the Under Secretary approves a plan to employ the

individual that provides alternate security arrangements.

(c) Fingerprinting and Record Check Information. - (1) If the

Under Secretary requires an identification and criminal history

record check, to be conducted by the Attorney General, as part of

an investigation under this section, the Under Secretary shall

designate an individual to obtain fingerprints and submit those

fingerprints to the Attorney General. The Attorney General may make

the results of a check available to an individual the Under

Secretary designates. Before designating an individual to obtain

and submit fingerprints or receive results of a check, the Under

Secretary shall consult with the Attorney General. All Federal

agencies shall cooperate with the Under Secretary and the Under

Secretary's designee in the process of collecting and submitting

fingerprints.

(2) The Under Secretary shall prescribe regulations on -

(A) procedures for taking fingerprints; and

(B) requirements for using information received from the

Attorney General under paragraph (1) of this subsection -

(i) to limit the dissemination of the information; and

(ii) to ensure that the information is used only to carry out

this section.

(3) If an identification and criminal history record check is

conducted as part of an investigation of an individual under this

section, the individual -

(A) shall receive a copy of any record received from the

Attorney General; and

(B) may complete and correct the information contained in the

check before a final employment decision is made based on the

check.

(d) Fees and Charges. - The Under Secretary and the Attorney

General shall establish reasonable fees and charges to pay expenses

incurred in carrying out this section. The employer of the

individual being investigated shall pay the costs of a record check

of the individual. Money collected under this section shall be

credited to the account in the Treasury from which the expenses

were incurred and are available to the Under Secretary and the

Attorney General for those expenses.

(e) When Investigation or Record Check Not Required. - This

section does not require an investigation or record check when the

investigation or record check is prohibited by a law of a foreign

country.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1218; Pub. L.

104-264, title III, Secs. 304(a), 306, title V, Sec. 502(a), Oct.

9, 1996, 110 Stat. 3251, 3252, 3259; Pub. L. 105-102, Sec. 2(25),

Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105-142, Sec. 1, Dec. 5,

1997, 111 Stat. 2650; Pub. L. 106-181, title V, Sec. 508, Apr. 5,

2000, 114 Stat. 140; Pub. L. 106-528, Sec. 2(c), (d), Nov. 22,

2000, 114 Stat. 2517, 2518; Pub. L. 107-71, title I, Secs.

101(f)(7), (9), 111(b), 138(a), (b)(1), 140(a)(1), Nov. 19, 2001,

115 Stat. 603, 620, 639-641.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44936(a) 49 App.:1357(g)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

316(g); added Nov. 16, 1990,

Pub. L. 101-604, Sec.

105(a), 104 Stat. 3071.

49 App.:1357 (note). Oct. 28, 1991, Pub. L.

102-143, Sec. 346, 105 Stat.

949.

44936(b) 49 App.:1357(g)(3).

44936(c) 49 App.:1357(g)(2)

(less (A) (2d

sentence)).

44936(d) 49

App.:1357(g)(2)(A)

(2d sentence), (5).

44936(e) 49 App.:1357(g)(4).

--------------------------------------------------------------------

In subsection (a), the text of section 346 of the Department of

Transportation and Related Agencies Appropriations Act, 1992

(Public Law 102-143, 105 Stat. 949) is omitted as executed.

In subsection (a)(2), the words "shall ensure" are substituted

for "shall take such actions as may be necessary to ensure" to

eliminate unnecessary words. The word "conducted" is substituted

for "performed" for consistency in the revised title.

In subsection (b)(2), the words "The Administrator may specify"

are substituted for "The Administrator may specify . . . the

Administrator determines" to eliminate unnecessary words. The words

"prohibit the employment of an individual" are substituted for

"make an individual ineligible for employment" for clarity.

In subsection (b)(3), the words "may employ" are substituted for

"It shall not be a violation of subparagraph (A) for . . . to

employ" to eliminate unnecessary words.

In subsection (c)(1), the words "Before designating an individual

to obtain and submit fingerprints or receive results of a check,

the Administrator shall consult with the Attorney General" are

substituted for "after consultation with the Attorney General" for

clarity.

In subsection (c)(2), before clause (A), the words "For purposes

of administering this subsection" are omitted as unnecessary. In

clause (A), the word "implement" is omitted as unnecessary because

of the restatement. In clause (B), before subclause (ii), the word

"establish" is omitted as unnecessary because of the restatement.

In subclause (ii), the words "to carry out this section" are

substituted for "for the purposes of this section" for clarity.

In subsection (e), the words "a law of a foreign country" are

substituted for "applicable laws of a foreign government" for

clarity and consistency in the revised title and with other titles

of the United States Code.

PUB. L. 105-102

This amends 49:44936(f)(1)(C) to reflect the redesignation of

49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of the Coast

Guard Authorization Act of 1996 (Public Law 104-324, 110 Stat.

3908).

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsec. (a)(1)(C)(i), is the date of enactment

of Pub. L. 107-71, which was approved Nov. 19, 2001.

-MISC2-

AMENDMENTS

2001 - Subsec. (a)(1)(A). Pub. L. 107-71, Sec. 138(a)(1),

inserted "and a review of available law enforcement data bases and

records of other governmental and international agencies to the

extent determined practicable by the Under Secretary of

Transportation for Transportation Security," after "record check"

in introductory provisions.

Pub. L. 107-71, Sec. 111(b)(1), inserted "as a security screener

under section 44935(e) or a position" after "a position" in

introductory provisions.

Pub. L. 107-71, Sec. 101(f)(7), (9), in introductory provisions,

substituted "Under Secretary" for "Administrator" and "of

Transportation for Security" for "of the Federal Aviation

Administration".

Subsec. (a)(1)(A)(ii). Pub. L. 107-71, Sec. 101(f)(7),

substituted "Under Secretary" for "Administrator".

Subsec. (a)(1)(B). Pub. L. 107-71, Sec. 138(a)(2), in

introductory provisions, substituted "and a review of available law

enforcement data bases and records of other governmental and

international agencies to the extent determined practicable by the

Under Secretary of Transportation for Transportation Security" for

"in any case described in subparagraph (C)".

Pub. L. 107-71, Sec. 101(f)(7), substituted "Under Secretary" for

"Administrator" in introductory provisions.

Subsec. (a)(1)(B)(i). Pub. L. 107-71, Sec. 138(a)(3), substituted

"are" for "will be".

Subsec. (a)(1)(B)(ii). Pub. L. 107-71, Sec. 138(a)(4), struck out

"and" after semicolon.

Subsec. (a)(1)(B)(iii). Pub. L. 107-71, Sec. 138(a)(6), added cl.

(iii). Former cl. (iii) redesignated (iv).

Pub. L. 107-71, Sec. 101(f)(7), substituted "Under Secretary" for

"Administrator".

Subsec. (a)(1)(B)(iv). Pub. L. 107-71, Sec. 138(a)(5),

redesignated cl. (iii) as (iv).

Subsec. (a)(1)(C). Pub. L. 107-71, Sec. 138(a)(7), (8), added

subpar. (C) and struck out former subpar (C) which related to

criminal history record checks.

Subsec. (a)(1)(D). Pub. L. 107-71, Sec. 138(a)(7), (9), (10),

redesignated subpar. (F) as (D), substituted "107.31(m)(1) or (2)"

for "107.31(m)" and "November 22, 2000. The Under Secretary shall

work with the International Civil Aviation Organization and with

appropriate authorities of foreign countries to ensure that

individuals exempted under this subparagraph do not pose a threat

to aviation or national security" for "the date of enactment of

this subparagraph" and struck out former subpar. (D) which allowed

a supervised employee to remain in position until completion of

record check.

Subsec. (a)(1)(E). Pub. L. 107-71, Sec. 138(a)(7), struck out

subpar. (E) which related to criminal history record checks for

screeners and others.

Subsec. (a)(1)(E)(iv). Pub. L. 107-71, Sec. 111(b)(2), struck out

cl. (iv) which related to effective dates for subpar. (E).

Subsec. (a)(1)(F). Pub. L. 107-71, Sec. 138(a)(7), redesignated

subpar. (F) as (D).

Subsec. (a)(2). Pub. L. 107-71, Secs. 107(f)(7), 138(a)(11),

substituted "carrier, airport operator, or government" for

"carrier, or airport operator" and "Under Secretary" for

"Administrator".

Subsec. (a)(3). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator".

Subsec. (b)(1). Pub. L. 107-71, Sec. 138(a)(12), substituted

"carrier, airport operator, or government" for "carrier, or airport

operator" in introductory provisions.

Subsec. (b)(1)(B)(xiv)(IX). Pub. L. 107-71, Sec. 101(f)(7),

substituted "Under Secretary" for "Administrator".

Subsec. (b)(2). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator".

Subsec. (b)(3). Pub. L. 107-71, Secs. 101(f)(7), 138(a)(13),

substituted "carrier, airport operator, or government" for

"carrier, or airport operator" and "Under Secretary" for

"Administrator".

Subsec. (c)(1). Pub. L. 107-71, Sec. 138(a)(14), inserted at end

"All Federal agencies shall cooperate with the Under Secretary and

the Under Secretary's designee in the process of collecting and

submitting fingerprints."

Pub. L. 107-71, Sec. 101(f)(7), substituted "Under Secretary" for

"Administrator" wherever appearing.

Subsec. (c)(2). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator" in introductory provisions.

Subsec. (d). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in two places.

Subsecs. (f) to (h). Pub. L. 107-71, Secs. 138(b)(1), 140(a)(1),

amended section identically, redesignating subsecs. (f) to (h) as

(h) to (j), respectively, of section 44703 of this title.

2000 - Subsec. (a)(1)(A). Pub. L. 106-528, Sec. 2(c)(1), in

introductory provisions, struck out ", as the Administrator decides

is necessary to ensure air transportation security," after "shall

be conducted".

Subsec. (a)(1)(C)(v). Pub. L. 106-181, Sec. 508(a), added cl.

(v).

Subsec. (a)(1)(D). Pub. L. 106-528, Sec. 2(c)(2), substituted "in

the position for which the individual applied" for "as a screener".

Subsec. (a)(1)(E), (F). Pub. L. 106-528, Sec. 2(c)(3), added

subpars. (E) and (F).

Subsec. (b)(1)(B). Pub. L. 106-528, Sec. 2(d)(1), inserted "(or

found not guilty by reason of insanity)" after "convicted" in

introductory provisions.

Subsec. (b)(1)(B)(xi). Pub. L. 106-528, Sec. 2(d)(2), inserted

"or felony unarmed" after "armed".

Subsec. (b)(1)(B)(xiii) to (xv). Pub. L. 106-528, Sec.

2(d)(3)-(5), added cls. (xiii) and (xiv), redesignated former cl.

(xiii) as (xv), and in cl. (xv) substituted "clauses (i) through

(xiv)" for "clauses (i)-(xii) of this paragraph".

Subsec. (f)(1)(B). Pub. L. 106-181, Sec. 508(b)(1), inserted

"(except a branch of the United States Armed Forces, the National

Guard, or a reserve component of the United States Armed Forces)"

after "other person" in introductory provisions.

Subsec. (f)(1)(B)(ii). Pub. L. 106-181, Sec. 508(b)(2),

substituted "individual's performance as a pilot" for "individual"

in introductory provisions.

Subsec. (f)(5). Pub. L. 106-181, Sec. 508(b)(3), inserted before

period at end of first sentence "; except that, for purposes of

paragraph (15), the Administrator may allow an individual

designated by the Administrator to accept and maintain written

consent on behalf of the Administrator for records requested under

paragraph (1)(A)".

Subsec. (f)(13). Pub. L. 106-181, Sec. 508(b)(4)(A), substituted

"shall" for "may" in introductory provisions.

Subsec. (f)(13)(A)(i). Pub. L. 106-181, Sec. 508(b)(4)(B),

inserted "and disseminated under paragraph (15)" after "requested

under paragraph (1)".

Subsec. (f)(14)(B). Pub. L. 106-181, Sec. 508(b)(5), inserted "or

from a foreign government or entity that employed the individual"

after "exists".

Subsec. (f)(15). Pub. L. 106-181, Sec. 508(b)(6), added par.

(15).

1997 - Subsec. (f)(1). Pub. L. 105-142, Sec. 1(1), substituted

"Subject to paragraph (14), before allowing an individual to begin

service" for "Before hiring an individual" in introductory

provisions.

Subsec. (f)(1)(B). Pub. L. 105-142, Sec. 1(2), inserted "as a

pilot of a civil or public aircraft" before "at any time" in

introductory provisions.

Subsec. (f)(1)(C). Pub. L. 105-102 substituted "section

30305(b)(8) of this title" for "section 30305(b)(7)".

Subsec. (f)(4). Pub. L. 105-142, Sec. 1(3), inserted "and air

carriers" after "Administrator" and substituted "paragraphs (1)(A)

and (1)(B)" for "paragraph (1)(A)".

Subsec. (f)(5). Pub. L. 105-142, Sec. 1(4), substituted "this

subsection" for "this paragraph".

Subsec. (f)(10). Pub. L. 105-142, Sec. 1(5), inserted "who is or

has been" before "employed" and ", but not later than 30 days after

the date" after "reasonable time".

Subsec. (f)(14). Pub. L. 105-142, Sec. 1(6), added par. (14).

1996 - Subsec. (a)(1). Pub. L. 104-264, Sec. 304(a), designated

existing provisions as subpar. (A), redesignated former subpars.

(A) and (B) of par. (1) as cls. (i) and (ii) of subpar. (A),

respectively, and added subpars. (B) to (D).

Subsec. (a)(3). Pub. L. 104-264, Sec. 306, added par. (3).

Subsecs. (f) to (h). Pub. L. 104-264, Sec. 502(a), added subsecs.

(f) to (h).

EFFECTIVE DATE OF 2000 AMENDMENTS

Amendment by Pub. L. 106-528 effective 30 days after Nov. 22,

2000, see section 9 of Pub. L. 106-528, set out as a note under

section 106 of this title.

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 304(b) of Pub. L. 104-264 provided that: "The amendment

made by subsection (a)(3) [amending this section] shall apply to

individuals hired to perform functions described in section

44936(a)(1)(B) of title 49, United States Code, after the date of

the enactment of this Act [Oct. 9, 1996]; except that the

Administrator of the Federal Aviation Administration may, as the

Administrator determines to be appropriate, require such employment

investigations or criminal history records checks for individuals

performing those functions on the date of the enactment of this

Act."

Amendment by section 502(a) of Pub. L. 104-264 applicable to any

air carrier hiring an individual as a pilot whose application was

first received by the carrier on or after the 120th day following

Oct. 9, 1996, see section 502(d) of Pub. L. 104-264, set out as a

note under section 30305 of this title.

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC3-

CRIMINAL HISTORY RECORD CHECKS

Pub. L. 106-528, Sec. 2(a), (b), Nov. 22, 2000, 114 Stat. 2517,

provided that:

"(a) Expansion of FAA Electronic Pilot Program. -

"(1) In general. - Not later than 2 years after the date of

enactment of this Act [Nov. 22, 2000], the Administrator of the

Federal Aviation Administration shall develop, in consultation

with the Office of Personnel Management and the Federal Bureau of

Investigation, the pilot program for individual criminal history

record checks (known as the electronic fingerprint transmission

pilot project) into an aviation industry-wide program.

"(2) Limitation. - The Administrator shall not require any

airport, air carrier, or screening company to participate in the

program described in subsection (a) if the airport, air carrier,

or screening company determines that it would not be cost

effective for it to participate in the program and notifies the

Administrator of that determination.

"(b) Application of Expanded Program. -

"(1) Interim report. - Not later than 1 year after the date of

enactment of this Act [Nov. 22, 2000], the Administrator shall

transmit to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives a report

describing the status of the Administrator's efforts to utilize

the program described in subsection (a).

"(2) Notification concerning sufficiency of operation. - If the

Administrator determines that the program described in subsection

(a) is not sufficiently operational 2 years after the date of

enactment of this Act to permit its utilization in accordance

with subsection (a), the Administrator shall notify the

committees referred to in paragraph (1) of that determination."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 40109, 44915, 44921,

44935, 44937 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

49 USC Sec. 44937 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44937. Prohibition on transferring duties and powers

-STATUTE-

Except as specifically provided by law, the Under Secretary of

Transportation for Security may not transfer a duty or power under

section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or

44938(b)(3) of this title to another department, agency, or

instrumentality of the United States Government.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1219; Pub. L.

103-429, Sec. 6(57), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 107-71,

title I, Sec. 101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44937 49 App.:1357(e)(1). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

316(e)(1); added Aug. 5,

1974, Pub. L. 93-366, Sec.

202, 88 Stat. 417.

--------------------------------------------------------------------

The word "otherwise" is omitted as surplus. The word "assigned"

is omitted as being included in "transfer". The word "function" is

omitted as being included in "duty or power". The words

"department, agency, or instrumentality of the United States

Government" are substituted for "Federal department or agency" for

clarity and consistency in the revised title and with other titles

of the United States Code.

PUB. L. 103-429

This amends 49:44937 to correct an error in the codification

enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1219).

AMENDMENTS

2001 - Pub. L. 107-71 substituted "Under Secretary of

Transportation for Security" for "Administrator of the Federal

Aviation Administration".

1994 - Pub. L. 103-429 substituted "44906" for "44906(a)(1) or

(b)".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 40109 of this title.

-End-

-CITE-

49 USC Sec. 44938 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44938. Reports

-STATUTE-

(a) Transportation Security. - Not later than March 31 of each

year, the Secretary of Transportation shall submit to Congress a

report on transportation security with recommendations the

Secretary considers appropriate. The report shall be prepared in

conjunction with the biennial report the Under Secretary of

Transportation for Security submits under subsection (b) of this

section in each year the Under Secretary submits the biennial

report, but may not duplicate the information submitted under

subsection (b) or section 44907(a)(3) of this title. The Secretary

may submit the report in classified and unclassified parts. The

report shall include -

(1) an assessment of trends and developments in terrorist

activities, methods, and other threats to transportation;

(2) an evaluation of deployment of explosive detection devices;

(3) recommendations for research, engineering, and development

activities related to transportation security, except research

engineering and development activities related to aviation

security to the extent those activities are covered by the

national aviation research plan required under section 44501(c)

of this title;

(4) identification and evaluation of cooperative efforts with

other departments, agencies, and instrumentalities of the United

States Government;

(5) an evaluation of cooperation with foreign transportation

and security authorities;

(6) the status of the extent to which the recommendations of

the President's Commission on Aviation Security and Terrorism

have been carried out and the reasons for any delay in carrying

out those recommendations;

(7) a summary of the activities of the Director of Intelligence

and Security in the 12-month period ending on the date of the

report;

(8) financial and staffing requirements of the Director;

(9) an assessment of financial and staffing requirements, and

attainment of existing staffing goals, for carrying out duties

and powers of the Under Secretary related to security; and

(10) appropriate legislative and regulatory recommendations.

(b) Screening and Foreign Air Carrier and Airport Security. - The

Under Secretary shall submit biennially to Congress a report -

(1) on the effectiveness of procedures under section 44901 of

this title;

(2) that includes a summary of the assessments conducted under

section 44907(a)(1) and (2) of this title; and

(3) that includes an assessment of the steps being taken, and

the progress being made, in ensuring compliance with section

44906 of this title for each foreign air carrier security program

at airports outside the United States -

(A) at which the Under Secretary decides that Foreign

Security Liaison Officers are necessary for air transportation

security; and

(B) for which extraordinary security measures are in place.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1220; Pub. L.

103-305, title V, Sec. 502, Aug. 23, 1994, 108 Stat. 1595; Pub. L.

105-362, title XV, Sec. 1502(b), Nov. 10, 1998, 112 Stat. 3295;

Pub. L. 107-71, title I, Sec. 101(f)(7), (9), Nov. 19, 2001, 115

Stat. 603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

44938(a) 49 App.:1356(b). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

315(b); added Nov. 16, 1990,

Pub. L. 101-604, Sec.

102(a), 104 Stat. 3068.

44938(b)( 49 App.:1356(a) (3d Aug. 23, 1958, Pub. L.

1), (2) sentence 1st-18th 85-726, 72 Stat. 731, Sec.

words, last 315(a) (3d sentence 1st-18th

sentence). words, last sentence); added

Aug. 5, 1974, Pub. L.

93-366, Sec. 202, 88 Stat.

415; Aug. 8, 1985, Pub. L.

99-83, Sec. 551(b)(1), 99

Stat. 225; Nov. 16, 1990,

Pub. L. 101-604, Sec.

102(b), 104 Stat. 3069.

44938(b)(3) 49 App.:1357(k)(4). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

316(k)(4); added Nov. 16,

1990, Pub. L. 101-604, Sec.

105(a), 104 Stat. 3074.

44938(c) 49 App.:1357 (note). Nov. 16, 1990, Pub. L.

101-604, Sec. 106(d), 104

Stat. 3075.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "each year" are

substituted for "of calendar year 1991 and of each calendar year

thereafter" to eliminate unnecessary words. In clauses (8) and (9),

the word "financial" is substituted for "funding" for clarity and

consistency in the revised title and with other titles of the

United States Code.

In subsection (b)(1), the word "screening" is omitted as surplus.

In subsection (b)(2), the words "a summary of the assessments

conducted under section 44907(a)(1) and (2) of this title" are

substituted for "the information described in section 1515(c) of

this Appendix" for clarity.

In subsection (b)(3), before clause (A), the words "that

includes" are substituted for "The Administrator shall submit to

Congress as part of the annual report required by section 315(a)"

because of the restatement.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-71, Sec. 101(f)(7), (9), in

introductory provisions, substituted "Under Secretary" for

"Administrator" in two places and "of Transportation for Security"

for "of the Federal Aviation Administration".

Subsec. (a)(9). Pub. L. 107-71, Sec. 101(f)(7), substituted

"Under Secretary" for "Administrator".

Subsec. (b). Pub. L. 107-71, Sec. 101(f)(7), substituted "Under

Secretary" for "Administrator" in introductory provisions and par.

(3)(A).

1998 - Subsec. (a). Pub. L. 105-362, Sec. 1502(b)(1), in second

sentence of introductory provisions, substituted "biennial report"

for "annual report" and inserted "in each year the Administrator

submits the biennial report" after "subsection (b) of this

section".

Subsec. (b). Pub. L. 105-362, Sec. 1502(b)(2), substituted

"biennially" for "annually" in introductory provisions.

Subsec. (c). Pub. L. 105-362, Sec. 1502(b)(3), struck out heading

and text of subsec. (c). Text read as follows: "The Administrator

shall submit to Congress an annual report for each of the calendar

years 1991 and 1992 on the progress being made, and the problems

occurring, in carrying out section 44904 of this title. The report

shall include recommendations for improving domestic air

transportation security."

1994 - Subsec. (a). Pub. L. 103-305 substituted "March 31" for

"December 31".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 8th item on page 132 and the 11th item on page 138

identify reporting provisions which, as subsequently amended, are

contained, respectively, in subsecs. (a) and (b)(1), (2) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 337, 44907, 44937 of

this title.

-End-

-CITE-

49 USC Sec. 44939 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44939. Training to operate certain aircraft

-STATUTE-

(a) Waiting Period. - A person subject to regulation under this

part may provide training in the operation of any aircraft having a

maximum certificated takeoff weight of 12,500 pounds or more to an

alien (as defined in section 101(a)(3) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual

specified by the Under Secretary of Transportation for Security

only if -

(1) that person has first notified the Attorney General that

the individual has requested such training and furnished the

Attorney General with that individual's identification in such

form as the Attorney General may require; and

(2) the Attorney General has not directed, within 45 days after

being notified under paragraph (1), that person not to provide

the requested training because the Attorney General has

determined that the individual presents a risk to aviation or

national security.

(b) Interruption of Training. - If the Attorney General, more

than 45 days after receiving notification under subsection (a) from

a person providing training described in subsection (a), determines

that the individual presents a risk to aviation or national

security, the Attorney General shall immediately notify the person

providing the training of the determination and that person shall

immediately terminate the training.

(c) Covered Training. - For the purposes of subsection (a),

training includes in-flight training, training in a simulator, and

any other form or aspect of training.

(d) Security Awareness Training for Employees. - The Under

Secretary shall require flight schools to conduct a security

awareness program for flight school employees to increase their

awareness of suspicious circumstances and activities of individuals

enrolling in or attending flight school.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 113(a), Nov. 19, 2001, 115

Stat. 622.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-71, title I, Sec. 113(d), Nov. 19, 2001, 115 Stat.

622, provided that: "The amendment made by subsection (a) [enacting

this section] applies to applications for training received after

the date of enactment of this Act [Nov. 19, 2001]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC2-

INTERNATIONAL COOPERATION

Pub. L. 107-71, title I, Sec. 113(c), Nov. 19, 2001, 115 Stat.

622, provided that: "The Secretary of Transportation, in

consultation with the Secretary of State, shall work with the

International Civil Aviation Organization and the civil aviation

authorities of other countries to improve international aviation

security through screening programs for flight instruction

candidates."

-End-

-CITE-

49 USC Sec. 44940 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44940. Security service fee

-STATUTE-

(a) General Authority. -

(1) Passenger fees. - The Under Secretary of Transportation for

Security shall impose a uniform fee, on passengers of air

carriers and foreign air carriers in air transportation and

intrastate air transportation originating at airports in the

United States, to pay for the following costs of providing civil

aviation security services:

(A) Salary, benefits, overtime, retirement and other costs of

screening personnel, their supervisors and managers, and

Federal law enforcement personnel deployed at airport security

screening locations under section 44901.

(B) The costs of training personnel described in subparagraph

(A), and the acquisition, operation, and maintenance of

equipment used by such personnel.

(C) The costs of performing background investigations of

personnel described in subparagraphs (A), (D), (F), and (G).

(D) The costs of the Federal air marshals program.

(E) The costs of performing civil aviation security research

and development under this title.

(F) The costs of Federal Security Managers under section

44903.

(G) The costs of deploying Federal law enforcement personnel

pursuant to section 44903(h).

The amount of such costs shall be determined by the Under

Secretary and shall not be subject to judicial review.

(2) Air carrier fees. -

(A) Authority. - In addition to the fee imposed pursuant to

paragraph (1), and only to the extent that the Under Secretary

estimates that such fee will be insufficient to pay for the

costs of providing civil aviation security services described

in paragraph (1), the Under Secretary may impose a fee on air

carriers and foreign air carriers engaged in air transportation

and intrastate air transportation to pay for the difference

between any such costs and the amount collected from such fee,

as estimated by the Under Secretary at the beginning of each

fiscal year. The estimates of the Under Secretary under this

subparagraph are not subject to judicial review.

(B) Limitations. -

(i) Overall limit. - The amounts of fees collected under

this paragraph for each fiscal year may not exceed, in the

aggregate, the amounts paid in calendar year 2000 by carriers

described in subparagraph (A) for screening passengers and

property, as determined by the Under Secretary.

(ii) Per-carrier limit. - The amount of fees collected

under this paragraph from an air carrier described in

subparagraph (A) for each of fiscal years 2002, 2003, and

2004 may not exceed the amount paid in calendar year 2000 by

that carrier for screening passengers and property, as

determined by the Under Secretary.

(iii) Adjustment of per-carrier limit. - For fiscal year

2005 and subsequent fiscal years, the per-carrier limitation

under clause (ii) may be determined by the Under Secretary on

the basis of market share or any other appropriate measure in

lieu of actual screening costs in calendar year 2000.

(iv) Finality of determinations. - Determinations of the

Under Secretary under this subparagraph are not subject to

judicial review.

(C) Special rule for fiscal year 2002. - The amount of fees

collected under this paragraph from any carrier for fiscal year

2002 may not exceed the amounts paid by that carrier for

screening passengers and property for a period of time in

calendar year 2000 proportionate to the period of time in

fiscal year 2002 during which fees are collected under this

paragraph.

(b) Schedule of Fees. - In imposing fees under subsection (a),

the Under Secretary shall ensure that the fees are reasonably

related to the Transportation Security Administration's costs of

providing services rendered.

(c) Limitation on Fee. - Fees imposed under subsection (a)(1) may

not exceed $2.50 per enplanement in air transportation or

intrastate air transportation that originates at an airport in the

United States, except that the total amount of such fees may not

exceed $5.00 per one-way trip.

(d) Imposition of Fee. -

(1) In general. - Notwithstanding section 9701 of title 31 and

the procedural requirements of section 553 of title 5, the Under

Secretary shall impose the fee under subsection (a)(1), and may

impose a fee under subsection (a)(2), through the publication of

notice of such fee in the Federal Register and begin collection

of the fee within 60 days of the date of enactment of this Act,

or as soon as possible thereafter.

(2) Special rules passenger fees. - A fee imposed under

subsection (a)(1) through the procedures under subsection (d)

shall apply only to tickets sold after the date on which such fee

is imposed. If a fee imposed under subsection (a)(1) through the

procedures under subsection (d) on transportation of a passenger

of a carrier described in subsection (a)(1) is not collected from

the passenger, the amount of the fee shall be paid by the

carrier.

(3) Subsequent modification of fee. - After imposing a fee in

accordance with paragraph (1), the Under Secretary may modify,

from time to time through publication of notice in the Federal

Register, the imposition or collection of such fee, or both.

(4) Limitation on collection. - No fee may be collected under

this section except to the extent that the expenditure of the fee

to pay the costs of activities and services for which the fee is

imposed is provided for in advance in an appropriations Act.

(e) Administration of Fees. -

(1) Fees payable to under secretary. - All fees imposed and

amounts collected under this section are payable to the Under

Secretary.

(2) Fees collected by air carrier. - A fee imposed under

subsection (a)(1) shall be collected by the air carrier or

foreign air carrier that sells a ticket for transportation

described in subsection (a)(1).

(3) Due date for remittance. - A fee collected under this

section shall be remitted on the last day of each calendar month

by the carrier collecting the fee. The amount to be remitted

shall be for the calendar month preceding the calendar month in

which the remittance is made.

(4) Information. - The Under Secretary may require the

provision of such information as the Under Secretary decides is

necessary to verify that fees have been collected and remitted at

the proper times and in the proper amounts.

(5) Fee not subject to tax. - For purposes of section 4261 of

the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee imposed

under this section shall not be considered to be part of the

amount paid for taxable transportation.

(6) Cost of collecting fee. - No portion of the fee collected

under this section may be retained by the air carrier or foreign

air carrier for the costs of collecting, handling, or remitting

the fee except for interest accruing to the carrier after

collection and before remittance.

(f) Receipts Credited as Offsetting Collections. -

Notwithstanding section 3302 of title 31, any fee collected under

this section -

(1) shall be credited as offsetting collections to the account

that finances the activities and services for which the fee is

imposed;

(2) shall be available for expenditure only to pay the costs of

activities and services for which the fee is imposed; and

(3) shall remain available until expended.

(g) Refunds. - The Under Secretary may refund any fee paid by

mistake or any amount paid in excess of that required.

(h) Exemptions. - The Under Secretary may exempt from the

passenger fee imposed under subsection (a)(1) any passenger

enplaning at an airport in the United States that does not receive

screening services under section 44901 for that segment of the trip

for which the passenger does not receive screening.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 118(a), Nov. 19, 2001, 115

Stat. 625.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec. (d)(1),

probably means the date of enactment of Pub. L. 107-71, which

enacted this section and which was approved Nov. 19, 2001.

-COD-

CODIFICATION

2001 - Pub. L. 107-71, title I, Sec. 118(a), Nov. 19, 2001, 115

Stat. 625, which directed the addition of section 44940 at end of

subchapter II of chapter 449 without specifying the Code title to

be amended, was executed by adding this section at the end of this

subchapter, to reflect the probable intent of Congress.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 44941 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44941. Immunity for reporting suspicious activities

-STATUTE-

(a) In General. - Any air carrier or foreign air carrier or any

employee of an air carrier or foreign air carrier who makes a

voluntary disclosure of any suspicious transaction relevant to a

possible violation of law or regulation, relating to air piracy, a

threat to aircraft or passenger safety, or terrorism, as defined by

section 3077 of title 18, United States Code, to any employee or

agent of the Department of Transportation, the Department of

Justice, any Federal, State, or local law enforcement officer, or

any airport or airline security officer shall not be civilly liable

to any person under any law or regulation of the United States, any

constitution, law, or regulation of any State or political

subdivision of any State, for such disclosure.

(b) Application. - Subsection (a) shall not apply to -

(1) any disclosure made with actual knowledge that the

disclosure was false, inaccurate, or misleading; or

(2) any disclosure made with reckless disregard as to the truth

or falsity of that disclosure.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 125(a), Nov. 19, 2001, 115

Stat. 631.)

-End-

-CITE-

49 USC Sec. 44942 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44942. Performance goals and objectives

-STATUTE-

(a) Short Term Transition. -

(1) In general. - Within 180 days after the date of enactment

of the Aviation and Transportation Security Act, the Under

Secretary for Transportation Security may, in consultation with

Congress -

(A) establish acceptable levels of performance for aviation

security, including screening operations and access control,

and

(B) provide Congress with an action plan, containing

measurable goals and milestones, that outlines how those levels

of performance will be achieved.

(2) Basics of action plan. - The action plan shall clarify the

responsibilities of the Transportation Security Administration,

the Federal Aviation Administration and any other agency or

organization that may have a role in ensuring the safety and

security of the civil air transportation system.

(b) Long-Term Results-Based Management. -

(1) (!1) Performance plan and report. -

(A) Performance plan. -

(i) Each year, consistent with the requirements of the

Government Performance and Results Act of 1993 (GPRA), the

Secretary and the Under Secretary for Transportation Security

shall agree on a performance plan for the succeeding 5 years

that establishes measurable goals and objectives for aviation

security. The plan shall identify action steps necessary to

achieve such goals.

(ii) In addition to meeting the requirements of GPRA, the

performance plan should clarify the responsibilities of the

Secretary, the Under Secretary for Transportation Security

and any other agency or organization that may have a role in

ensuring the safety and security of the civil air

transportation system.

(B) Performance report. - Each year, consistent with the

requirements of GPRA, the Under Secretary for Transportation

Security shall prepare and submit to Congress an annual report

including an evaluation of the extent goals and objectives were

met. The report shall include the results achieved during the

year relative to the goals established in the performance plan.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 130, Nov. 19, 2001, 115 Stat.

633.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsec. (a)(1), is the date of enactment of

Pub. L. 107-71, which was approved Nov. 19, 2001.

The Government Performance and Results Act of 1993, referred to

in subsec. (b)(1), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,

which enacted section 306 of Title 5, Government Organization and

Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money

and Finance, and sections 2801 to 2805 of Title 39, Postal Service,

amended section 1105 of Title 31, and enacted provisions set out as

notes under sections 1101 and 1115 of Title 31. For complete

classification of this Act to the Code, see Short Title of 1993

Amendment note set out under section 1101 of Title 31 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. No par. (2) has been enacted.

-End-

-CITE-

49 USC Sec. 44943 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44943. Performance management system

-STATUTE-

(a) Establishing a Fair and Equitable System for Measuring Staff

Performance. - The Under Secretary for Transportation Security

shall establish a performance management system which strengthens

the organization's effectiveness by providing for the establishment

of goals and objectives for managers, employees, and organizational

performance consistent with the performance plan.

(b) Establishing Management Accountability for Meeting

Performance Goals. -

(1) In general. - Each year, the Secretary and Under Secretary

of Transportation for Security shall enter into an annual

performance agreement that shall set forth organizational and

individual performance goals for the Under Secretary.

(2) Goals. - Each year, the Under Secretary and each senior

manager who reports to the Under Secretary shall enter into an

annual performance agreement that sets forth organization and

individual goals for those managers. All other employees hired

under the authority of the Under Secretary shall enter into an

annual performance agreement that sets forth organization and

individual goals for those employees.

(c) Performance-Based Service Contracting. - To the extent

contracts, if any, are used to implement the Aviation Security Act,

the Under Secretary for Transportation Security shall, to the

extent practical, maximize the use of performance-based service

contracts. These contracts should be consistent with guidelines

published by the Office of Federal Procurement Policy.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 130, Nov. 19, 2001, 115 Stat.

634.)

-REFTEXT-

REFERENCES IN TEXT

The Aviation Security Act, referred to in subsec. (c), probably

means the Aviation and Transportation Security Act, Pub. L. 107-71,

Nov. 19, 2001, 115 Stat. 597. For complete classification of this

Act to the Code, see Short Title of 2001 Amendment note set out

under section 40101 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

49 USC Sec. 44944 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART A - AIR COMMERCE AND SAFETY

subpart iii - safety

CHAPTER 449 - SECURITY

SUBCHAPTER II - ADMINISTRATION AND PERSONNEL

-HEAD-

Sec. 44944. Voluntary provision of emergency services

-STATUTE-

(a) Program for Provision of Voluntary Services. -

(1) Program. - The Under Secretary of Transportation for

Transportation Security shall carry out a program to permit

qualified law enforcement officers, firefighters, and emergency

medical technicians to provide emergency services on commercial

air flights during emergencies.

(2) Requirements. - The Under Secretary shall establish such

requirements for qualifications of providers of voluntary

services under the program under paragraph (1), including

training requirements, as the Under Secretary considers

appropriate.

(3) Confidentiality of registry. - If as part of the program

under paragraph (1) the Under Secretary requires or permits

registration of law enforcement officers, firefighters, or

emergency medical technicians who are willing to provide

emergency services on commercial flights during emergencies, the

Under Secretary shall take appropriate actions to ensure that the

registry is available only to appropriate airline personnel and

otherwise remains confidential.

(4) Consultation. - The Under Secretary shall consult with

appropriate representatives of the commercial airline industry,

and organizations representing community-based law enforcement,

firefighters, and emergency medical technicians, in carrying out

the program under paragraph (1), including the actions taken

under paragraph (3).

(b) Exemption From Liability. - An individual shall not be liable

for damages in any action brought in a Federal or State court that

arises from an act or omission of the individual in providing or

attempting to provide assistance in the case of an in-flight

emergency in an aircraft of an air carrier if the individual meets

such qualifications as the Under Secretary shall prescribe for

purposes of this section.

(c) Exception. - The exemption under subsection (b) shall not

apply in any case in which an individual provides, or attempts to

provide, assistance described in that paragraph in a manner that

constitutes gross negligence or willful misconduct.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 131(a), Nov. 19, 2001, 115

Stat. 635.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-MISC1-

CONSTRUCTION

Pub. L. 107-71, title I, Sec. 131(c), Nov. 19, 2001, 115 Stat.

635, provided that: "Nothing in this section [enacting this

section] may be construed to require any modification of

regulations of the Department of Transportation governing the

possession of firearms while in aircraft or air transportation

facilities or to authorize the possession of a firearm in an

aircraft or any such facility not authorized under those

regulations."

[For definitions of "aircraft" and "air transportation" used in

section 131(c) of Pub. L. 107-71, set out above, see section 133 of

Pub. L. 107-71, set out as a note under section 40102 of this

title.]

-End-